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HomeMy WebLinkAbout2016.01.05_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL RECEIVED Council Chambers, Old Central Building DEC t; ? 7MO 109 N Birch, Owasso, OK 74055 Regular Meeting City Clerk's Office Tuesday, January 5, 2016 - 6:30 pm I. Call to Order Mayor Jeri Moberly 2. Invocation Reverend Dr. Andrew Rankin, Senior Pastor of Freedom Church 3. Flag Salute 4. Roll Call 5. Presentation of the Character Trait of Diligence Michele Dempster, HR Director /Character Coordinator 6. 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 - December 15, 2015, Regular Meeting B. Approve claims C. Approve Agreements for Urban Engineering Services (Engineer Agreements): • Kellogg Engineering, Inc. - Morrow Sanitary Sewer Lift Station Project • Kellogg Engineering, Inc. - Morrow Place Residential Phase I • Kellogg Engineering, Inc. - Owasso Industrial Park Phase IV 7. Consideration and appropriate action relating to items removed from the Consent Agenda 8. Consideration and appropriate action relating to an agreement with the Oklahoma Tax Commission for administration of sales and use tax ordinances Linda Jones Staff recommends approval of the revised Agreement for Administration of the Sales and Use Tax Ordinances of the City of Owasso and an Agreement to Engage in Compliance of Activities by the City of Owasso. 9. Consideration and appropriate action relating to a request for an executive session for purposes of discussing confidential communications between the City Council and the City Attorney concerning potential litigation relating to the stormwater inflow structure project at the Bradfords of Silver Creek as provided for in Title 25, O.S. Section § 307(B)(4) Julie Lombardi 10. Report from City Manager • Monthly Public Works Project Status Report 11. Report from City Attorney 12. Report from City Councilors Owasso City Council January 5, 2016 Page 2 13. Official Notices to Council (documents for acknowledgment or information only, no discussion or action will be taken) • Payroll Payment Report - Pay Period Ending Date 12/12/15 • Health Care Self- Insurance Claims - dated as of 12/29/15 14. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 15. 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 Thursday, December 31, 2015. LO ' Sherry V• yClerk OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, December 15, 2015 The Owasso City Council met in regular session on Tuesday, December 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, December 11, 2015. 1. Call to Order Mayor Jeri Moberly called the meeting to order at 6:30 pm. 2. Invocation The invocation was offered by Senior Pastor Chuck Horton of First United Methodist Church. 3. Flag Salute Councilor Kelley led the flag salute. 4. Roll Call Present Mayor - Jeri Moberly Vice- Mayor - Lyndell Dunn Councilor -Chris Kelley A quorum was declared present. Staff: City Manager - Warren Lehr City Attorney - Julie Lombardi Absent Councilor - Doug Bonebrake Councilor - Bill Bush 5. Presentation of the Employee of the Year Warren Lehr introduced Arley Baker, Public Works Department, as the city's Eagle Award recipient for 2015. 6. 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 • December 1, 2015, Regular Meeting • December 8, 2015, Regular Meeting B. Approve claims C. Approve Normal Retirement Benefits from the City's Oklahoma Municipal Retirement Fund (OMRF) Plan for Jennifer Kirby Mr. Dunn moved, seconded by Dr. Kelley to approve the Consent Agenda with claims totaling $533,979.18. YEA: Dunn, Kelley, Moberly NAY: None Motion carried: 3 -0 Owasso City Council December 15. 2015 Page 2 7. Consideration and appropriate action relating to items removed from the Consent Agenda None 8. Consideration and appropriate action relating to an Owasso Golden Agers donation and Community Expansion of Nutrition Assistance (CENA) Grant and a budget amendment in the General Fund Larry Langford presented the item, recommending acceptance of the grant and donation, and approval of a budget amendment in the General Fund increasing estimated revenues, and increasing the appropriation for expenditures in the Community Center Department by $13,132. After discussion, Mr. Dunn moved, seconded by Dr. Kelley to accept the grant and donation and approve the budget amendment, as recommended. YEA: Dunn, Kelley, Moberly NAY: None Motion carried: 3 -0 PUBLIC HEARING 9. The City Council will conduct a public hearing for the purpose of receiving citizen input relating to OA- 15 -08, annexing property located at 14001 E 96th St N Karl Fritschen presented the item. Mayor Moberly opened the public hearing at 6:47 pm. No comments received. The Mayor closed the public hearing at 6:48 pm. 10. Consideration and appropriate action relating to Ordinance 1064, accepting, adding, and annexing to the City of Owasso, Oklahoma, additional lands and territory of Section 16, 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 offer the passage 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 One of said city and directing the filing of this ordinance, and repealing all ordinances or parts of ordinances in conflict herewith Karl Fritschen presented the item, recommending approval of Ordinance 1064 annexing 6.35 acres located at 14001 E 96th St N (OA 15 -08). After discussion, Mr. Dunn moved, seconded by Dr. Kelley to approve Ordinance 1064, as recommended. YEA: Dunn, Kelley, Moberly NAY: None Motion carried: 3 -0 11. Consideration and appropriate action relating to Resolution 2015 -25, supporting the Governor's Task Force in recommending the Tulsa Base of the Oklahoma Air National Guard as the prime location for the new F -35 Lightning II Fighter Aircraft fleet John Feary presented the item, recommending approval of Resolution 2015 -25. After discussion, Mr. Dunn moved, seconded by Dr. Kelley to approve Resolution 2015 -25, as recommended. YEA: Dunn, Kelley, Moberly NAY: None Motion carried: 3 -0 Owasso city council December 15, 2015 Page 3 12. Consideration and appropriate action relating to Ordinance 1065, Part 15, Traffic & Vehicles, Chapter 5, Driving, Overtaking & Passing, Section'15 -558, Texting While Driving, of the Code of Ordinance of the City of Owasso, Oklahoma, Making it Unlawful to Manually Compose, Send or Read an Electronic Text Message While Operating A Motor Vehicle Julie Lombardi presented the item, recommending approval of Ordinance 1065. After discussion, Dr. Kelley moved, seconded by Mr. Dunn to approve Ordinance 1065, as recommended. YEA: Dunn, Kelley, Moberly NAY: None Motion carried: 3 -0 13. Consideration and appropriate action relating to Ordinance 1066, Amending Part 10, Offenses & Crimes, Chapter 9, Smoking & Tobacco, Section 10 -901, Tobacco to Minors. Definitions, Section 10 -902, Furnishing, Giving or Sale of Tobacco or Vapor Products to Minors and Section 10 -903, Receipt of Tobacco & Vapor Products by a Minor, of the Code of Ordinances of the City of Owasso, Oklahoma, Providing a Definition of a Vapor Product and Making it Unlawful 1) to Sell or Otherwise Provide Vapor Products to Minors, and 2) for Minors to Purchase, Receive, Accept or Possess Vapor Products as well as Tobacco Products Julie Lombardi presented the item, recommending approval of Ordinance 1066. After discussion, Mr. Dunn moved, seconded by Dr. Kelley to approve Ordinance 1066, as recommended. YEA: Dunn, Kelley, Moberly NAY: None Motion carried: 3 -0 14. Consideration and appropriate action relating to Ordinance 1067, Amending Part 15, Traffic & Vehicles, Chapter 3, Vehicle Equipment, Section 15 -308, Mandatory Seat Belt Use, of the Code of Ordinances of the City of Owasso, Oklahoma, Imposing Passenger Restraint System Requirements Upon Motorists Transporting Children Under Eight (8) Years of Age Julie Lombardi presented the item, recommending approval of Ordinance 1067. After discussion, Dr. Kelley moved, seconded by Mr. Dunn to approve Ordinance 1067, as recommended. YEA: Dunn, Kelley, Moberly NAY: None Motion carried: 3 -0 15. Consideration and appropriate action relating to the Mayor's appointment to fill a vacated Owasso Planning Commission seat with a term ending June 30, 2018 Mayor Moberly presented the item, recommending Jennifer Koscelny to fill the unexpired Planning Commission term. Dr. Kelley moved, seconded by Mr. Dunn to approve the appointment, as recommended. YEA: Dunn, Kelley, Moberly NAY: None Motion carried: 3 -0 Owasso City Council December 15, 2015 Page a 16. Report from City Manager Warren Lehr provided accomplishments. 17. Report from City Attorney None a year -end review of city projects and departmental 18. Report from City Councilors Councilors commented on the annual Christmas parade. 19. Official Notices to Council (documents for acknowledgment or information only, no discussion or action will be taken) • Payroll Payment Report - Pay Period Ending Date 11 /28/15 • Health Care Self- Insurance Claims - dated as of 12/10/15 • Monthly Budget Status Report - November 2015 20. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) None 21. Adjournment Mr. Dunn moved, seconded by Dr. Kelley to adjourn the meeting. YEA: Dunn, Kelley, Moberly NAY: None Motion carried 3 -0 and the meeting adjourned at 7:12 pm. Jeri Moberly, Mayor Juliann M. Stevens, Minute Clerk Claims List 1/5/2016 Budget Unit Title Vendor Name I Payable Description Payment Amount GENERAL ITREASURER PETTY CASH ICC REFUND /HOLDMAN 50.00 TOTAL GENERAL 50.00 MUNICIPAL COURT JPMORGAN CHASE BANK SAMSCLUB- SUPPLIES 7.48 TOTAL MUNICIPAL COURT 7,48 MANAGERIAL JPMORGAN CHASE BANK TARGET - PARADE CANDY 15.54 JPMORGAN CHASE BANK TARGET - PARADE SUPPLIES 20.00 JPMORGAN CHASE BANK SAV ON- COUNCIL TABS 230.00 JPMORGAN CHASE BANK OK BAR ASSOC -DUES 275.00 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES 0.37 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 1.53 JPMORGAN CHASE BANK OWASSO CHAMBER -HOME SHOW 1,250.00 JPMORGAN CHASE BANK EMPLOYEE APPRECIATION 103.80 JPMORGAN CHASE BANK EMPLOYEE APPRECIATION 202.50 JPMORGAN CHASE BANK EMPLOYEE APPRECIATION 12.86 JPMORGAN CHASE BANK CMAO- CONFERENCE /BISHOP 320.00 JPMORGAN CHASE BANK CMAO- CONFERENCE /LEHR 295.00 OKLAHOMA MUNICIPAL LEAGUE MC &T REGIONAL TRAINING 67.20 CUSTOM CRAFTAWARDS, INC. EMPLOYEE RECOGNITION 398.50 TOTAL MANAGERIAL 3,192.30 FINANCE JPMORGAN CHASE BANK OFFICE DEPOT - RETURN -10.49 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 36.63 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 10.56 JPMORGAN CHASE BANK GFOA- ANNUAL CONFERENCE 380.00 JPMORGAN CHASE BANK USPS- SHIPPING 23.70 RSM US LLP PROFESSION FEES -AUDIT 32,000.00 JPMORGAN CHASE BANK APA- MEMBERSHIP DUES 219.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 10.49 JPMORGAN CHASE BANK 1OFFICE DEPOT - CALCULATOR 88.19 TOTAL FINANCE 32,758.08 HUMAN RESOURCES JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 10.49 JPMORGAN CHASE BANK SAUDVILLE- PRINTER RIBBON 125.85 COMMUNITYCARE EAP EMPLOYEE ASSISTANCE PROGR 248.00 AMERICANCHECKED, INCATTN: BILLING PRE - EMPLOYMENT BACKGROUND 320.65 AMERICANCHECKED, INC ATTN: BILLING PRE - EMPLOYMENT BACKGROUND 232.45 TULSA WORLD ADVERTISING 1,588.00 ASHLEY HICKMAN TUITION REIMBURSEMENT 1,144.20 RICH & CARTMILL, INC TREASURER'S BOND 450.00 Page 1 Claims List 1/5/2016 Budget Unit Title Vendor Name Payable Description IPaymentAmount TOTAL HUMAN RESOURCES 4,119.64 GENERAL GOVERNMENT NEWTON, O'CONNOR, TURNER & KETCHUM GENERAL LEGAL MATTERS 108.52 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL -CODY MATHEWS 225.00 DAVID L. WEATHERFORD LEGAL, ROSS VS CITY, OCT 648.00 DAVID L. WEATHERFORD LEGAL, GENERAL MATTERS 108.00 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL FEES- GILPIN 187.50 CINTAS CORPORATION CARPET CLEANING SERVICES 68.05 TULSA COFFEE SERVICE INC CITY HALL COFFEE SERVICE 63.86 RICOH USA, INC. COPYING SERVICES - RICOH 104.30 DRAKE SYSTEMS INC COPIER SERVICES - UPSTAIR 446.49 DRAKE SYSTEMS INC COPIER SERVICES - UPSTAIR 408.14 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL -MIKE DENTON 555.00 MCAFEE & TAFT LEGAL GENERAL MATTER 504.00 GRAND GATEWAY ECO. DEV. ASSC. PELIVAN TRANSIT SERVICES 5,100.00 AEP /PSO ELECTRIC USAGE 4,008.45 JPMORGAN CHASE BANK LOWES- LIGHTS 2.86 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 13.79 AT &T CONSOLIDATED PHONE BILL 545.33 JPMORGAN CHASE BANK ADMIRAL EXP -PAPER 57.98 JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES 28.99 MAILROOM FINANCE INC POSTAGE 1,000.00 AT &T LONG DISTANCE PHONE BILL 89.35 OMECORP, LLC POSTAGE MACHINE SUPPLIES 46.90 JPMORGAN CHASE BANK SAMSCLUB- SUPPLIES 32.40 TOTAL GENERAL GOVERNMENT 14,352.91 ENGINEERING JPMORGAN CHASE BANK ADMIRAL EXP -PAPER 57.98 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 32.98 JPMORGAN CHASE BANK ATWOODS -WORK BOOTS 109.99 UNIFIRST HOLDINGS LP UNIFORM CLEANING 19.56 UNITED STATES CELLULAR CORPORATION PW CELL PHONES 56.52 JPMORGAN CHASE BANK JAMAR TECH - MASTIC TAPE 81.76 UNIFIRST HOLDINGS LP UNIFORM CLEANING 19.56 UNIFIRST HOLDINGS LP UNIFORM CLEANING 19.56 TOTAL ENGINEERING 397.91 INFORMATION TECHNOLOGY ICON ENTERPRISES, INC 3 OF 3 CITY WEBSITE SETUP 14,898.29 JPMORGAN CHASE BANK NETWORKSOLUTIONS- RENEWAL 37.99 TOTAL INFORMATION TECHNOLOGY 14,936.28 SUPPORT SERVICES JPMORGAN CHASE BANK SCHINDLER- ELEVATOR MAINT 932.34 JPMORGAN CHASE BANK MURPHY SANITARY -HAND SOAP 58.44 Page 2 Claims List 1/5/2016 Budget Unit Title Vendor Name Payable Description Payment Amount SUPPORT SERVICES... JPMORGAN CHASE BANK FEDEX- SHIPPING COSTS 14.86 JPMORGAN CHASE BANK ATWOOD -PIN 13.97 SPRINT SOLUTIONS, INC. SPRINT CARDS 79.98 SPOK, INC. PAGER USE 8.87 JPMORGAN CHASE BANK SAMSCLUB - SUPPLIES 928 JPMORGAN CHASE BANK SAMSCLUB- SUPPLIES 340.33 AT &T CONSOLIDATED PHONE BILL 20.30 JPMORGAN CHASE BANK JOHNSTONE -GAS VALVE 106.88 JPMORGAN CHASE BANK LIBERTY FLAGS -CITY FLAGS 73.35 JPMORGAN CHASE BANK OK LIGHTING -LIGHT BULBS 18.99 JPMORGAN CHASE BANK ADMIRAL EXP- RETURN -86.97 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 11.85 UNIFIRST HOLDINGS LP JUNIFORM RENTAL FEES 11.85 TOTAL SUPPORT SERVICES 1,614.32 CEMETERY JPMORGAN CHASE BANK ATWOODS -TRASH BAGS 48.97 JPMORGAN CHASE BANK LOWES -KEYS 4.29 SPOK, INC. PAGER USE 8.87 AEP /PSO ELECTRIC USAGE 25.61 TOTAL CEMETERY 87.74 POLICE COMMUNICATIONS AEP /PSO ELECTRIC USAGE 198.71 JPMORGAN CHASE BANK AMAZON- REPAIR SUPPLIES 26.07 DEPARTMENT OF PUBLIC SAFETY OLETS USER FEE 450.00 URGENT CARE OF GREEN COUNTRY, P.L.L VACCINATIONS /MAPLES 167.00 JPMORGAN CHASE BANK WATERSTONE -DRY CLEANING 23.25 JPMORGAN CHASE BANK SAMSCLUB - PRISONER BOARD 48.72 JPMORGAN CHASE BANK WALMART- PRISONER BOARD 102.34 JPMORGAN CHASE BANK BULB AMERICA - LIGHTS 22.65 JPMORGAN CHASE BANK WALMART- PRISONER BOARD 124.48 JPMORGAN CHASE BANK DEPOSITPHOTOS- IMAGES 53.00 JPMORGAN CHASE BANK QUEENSBORO- UNIFORM ITEMS 115.80 JPMORGAN CHASE BANK APCO INT'L- TRAINING 838.00 TOTAL POLICE COMMUNICATIONS 2,170.02 ANIMAL CONTROL AT &T LONG DISTANCE PHONE BILL 0.57 JPMORGAN CHASE BANK WALMART- SUPPLIES 108.75 JPMORGAN CHASE BANK GALLS - UNIFORM ITEMS 114.93 JPMORGAN CHASE BANK SERENTY PET - CREMATION 330.00 JPMORGAN CHASE BANK OREILLY -AC SUPPLIES 14.98 JPMORGAN CHASE BANK BIG POPPY'S- EMBROIDERY 75.83 AT &T CONSOLIDATED PHONE BILL 24.77 JPMORGAN CHASE BANK WATERSTONE -DRY CLEANING 70.50 Page 3 Claims List if IP01[41 Budget Unit Title Vendor Name Payable Description PaymentAmount ANIMAL CONTROL... JPMORGAN CHASE BANK ZOETIS- SUPPLIES 362.50 JPMORGAN CHASE BANK AMAZON- SUPPLIES 20.50 JPMORGAN CHASE BANK DELL - SUPPLIES 145.33 JPMORGAN CHASE BANK EBAY -FEES 3.50 JPMORGAN CHASE BANK SAMS- SUPPLIES 134.30 JPMORGAN CHASE BANK LOWES -AC BUILDINGS 1,734.68 AEPIPSO ELECTRIC USAGE 225.51 TOTAL ANIMAL CONTROL 3,366.65 EMERGENCY PREPAREDNES AEP /PSO ELECTRIC USAGE 109.88 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 4.78 AT &T CONSOLIDATED PHONE BILL 14.03 TOTAL EMERGENCY PREPAREDNESS 128.69 STORMWATER JPMORGAN CHASE BANK QUIK SERVICES -STEEL 119.60 JPMORGAN CHASE BANK P & K EQUIP -MOWER REPAIRS 827.79 JPMORGAN CHASE BANK ATWOODS- SUPPLIES 61.60 SPOK, INC. PAGER USE 39.48 JPMORGAN CHASE BANK LOWES- SUPPLIES 37.51 JPMORGAN CHASE BANK NEW HOLLAND- WHEEL/TIRE 217.61 JPMORGAN CHASE BANK BROWN FARMS -SOD 21.00 JPMORGAN CHASE BANK HD SUPPLY -STORM GRATE 125.00 UNIFIRST HOLDINGS LP UNIFORM CLEANING 27.01 UNIFIRST HOLDINGS LP UNIFORM CLEANING 27.01 UNIFIRST HOLDINGS LP UNIFORM CLEANING 27.01 TOTAL STORMWATER 1,530.62 PARKS MILES J. MARLAR TUITION REIMBURSEMENT 442.50 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 35.00 AEP /PSO ELECTRIC USAGE 2,097.29 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 13.59 JPMORGAN CHASE BANK LOWES- SUPPLIES 23.76 AT &T CONSOLIDATED PHONE BILL 21.49 TOTAL PARKS 2,633.63 COMMUNITY CENTER AT &T CONSOLIDATED PHONE BILL 38.80 JPMORGAN CHASE BANK WALMART- ROASTER 51.84 JPMORGAN CHASE BANK WALMART -KEY 1.78 JPMORGAN CHASE BANK WALMART- SUPPLIES 68.85 JPMORGAN CHASE BANK WALMART- SUPPLIES 12.94 JPMORGAN CHASE BANK AMAZON - SUPPLIES 50.49 AT &T LONG DISTANCE PHONE BILL 1.51 AEP IPSO ELECTRIC USAGE 780.68 Page 4 Claims List 1/5/2016 Budget Unit Title Vendor Name Payable Description PaymentAmount COMMUNITY CENTER... JPMORGAN CHASE BANK RANDYS PEST -PEST CONTROL 80.00 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES 12.90 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 74.52 JPMORGAN CHASE BANK WALMART- RETURN -43.84 DALE & LEES SERVICE, INC SERVICE HEATER 132.00 TERMINIX PEST CONTROL 108.00 TOTAL COMMUNITY CENTER 1,370.47 HISTORICAL MUSEUM AEP IPSO ELECTRIC USAGE 97.74 JPMORGAN CHASE BANK LOWES -POWER RECEPTACLE 4.83 AT &T CONSOLIDATED PHONE BILL 14.03 TOTAL HISTORICAL MUSEUM 116.60 ECONOMIC DEV JPMORGAN CHASE BANK VISTAPRINT -CARDS 42.99 JPMORGAN CHASE BANK WALL ST JOURNAL - RENEWAL 32.99 JPMORGAN CHASE BANK TARGET -SPACE HEATER 43.56 JPMORGAN CHASE BANK WALL ST JOURNAL- RENEWAL 32.99 TOTAL ECONOMIC DEV 152.53 82,985.8 FUND GRAND TOTAL AMBULANCE SERVICE AMERICAN MUNICIPAL SERVICES CORP. COLLECTION SERVICES 1,007.24 TOTAL AMBULANCE SERVICE 1,007.24 AMBULANCE JPMORGAN CHASE BANK HENRY SCHEIN- SUPPLIES 1,035.19 JPMORGAN CHASE BANK HENRY SCHEIN - SUPPLIES 1,112.59 JPMORGAN CHASE BANK ARROW INT'L- SUPPLIES 1,108.21 JPMORGAN CHASE BANK NAT'L REG EMT -DUES 20.00 EDUTAINMENT CONSULTING AND SEMINARS TRAVEL AND TRAINING 3,100.00 JPMORGAN CHASE BANK ZOLL MEDICAL -SVC AGRMNT 2,800.00 JPMORGAN CHASE BANK PSI- SUPPLIES 410.80 JPMORGAN CHASE BANK NAT'L REG EMT -DUES 20.00 JPMORGAN CHASE BANK NAT'L REG EMT -DUES 20.00 JPMORGAN CHASE BANK LAERDAL- TRAINING SUPPLIES 59.75 JPMORGAN CHASE BANK BOUND TREE- SUPPLIES 11.76 JPMORGAN CHASE BANK BOUND TREE- SUPPLIES 21.92 JPMORGAN CHASE BANK BOUND TREE - SUPPLIES 184.08 JPMORGAN CHASE BANK BOUND TREE - SUPPLIES 426.36 JPMORGAN CHASE BANK STRYKER - SERVICE CONTRACT 7,615,00 MEDICLAIMS INC BILLING SERVICES 12,147.29 TULSA AUTO SPRING CO VEHICLE MAINTENANCE 1,427.43 Page 5 Claims List 1/5/2016 Budget Unit Title Vendor Name Payable Description Payment Amount TOTAL AMBULANCE na con in FUND GRAND TOTAL STORMWATER- STORMWATE TREASURER PETTY CASH UNITED FORD SOUTH, LLC AEP /PSO 32,527.6 =UND GRAND TOTAL TOTAL STORMWATER - STORMWATER :911 COMMUNICATIONS AT &T E911 MAPPING FEES -3 MOS 1,066.05 MOTOROLA SOLUTIONS, INC IR SITE MAINT RADIO TOWER 2,016.01 INCOG -E911 E911 ADMIN SVC FEES 7,855.68 AT &T CONSOLIDATED PHONE BILL 604.14 JPMORGAN CHASE BANK TOTAL RADIO -MAINT CONTRAC 410.00 rOTAL E911 COMMUNICATIONS NORTH AMERICA FIRE EQUIPMENT CO. 11,951.88 6,273.48 AEPIPSO 11,951.8 FUND GRAND TOTAL JPMORGAN CHASE BANK AMAZON - SUPPLIES -IOTEL TAX - ECON DEV AEP /PSO ELECTRIC USAGE 51.22 JPMORGAN CHASE BANK OLD URBAN- TROLLEY SERVICE 3,750.00 TOTAL HOTEL TAX - ECON DEV JPMORGAN CHASE BANK 3,801.22 STRONG NEIGHBORHOODS CHASE BANK DEPOT - SUPPLIES 15.99 JJPMORGAN JPMORGAN CHASE BANK JOIFFICE STAPLES- FOLDERS 26.28 JPMORGAN CHASE BANK WALMART- SUPPLIES 153.04 TOTAL STRONG NEIGHBORHOODS 195.31 FUND GRAND TOTAL STORMWATER- STORMWATE TREASURER PETTY CASH UNITED FORD SOUTH, LLC AEP /PSO VEHICLE TAG F -250 CREWCAB CNG PICKUP ELECTRIC USAGE 37.50 43,399.00 240.68 TOTAL STORMWATER - STORMWATER 43,677.18 43,677.1 FUND GRAND TOTAL SALES TAX FUND -FIRE JPMORGAN CHASE BANK LOWES- WASHING MACHINE 479.00 JPMORGAN CHASE BANK AMER WASTE - DUMPSTER RENTA 1,073.85 STOLZ TELECOM, LLC VEHICLE PARTS 7,509.33 NORTH AMERICA FIRE EQUIPMENT CO. BUNKER GEAR 6,273.48 AEPIPSO ELECTRIC USAGE 2,675.26 JPMORGAN CHASE BANK AMAZON - SUPPLIES 69.90 JPMORGAN CHASE BANK PRUITTS AUTO -VEH PAINT 713.40 JPMORGAN CHASE BANK EMER MED- UNIFORM APPAREL 1,167.20 JPMORGAN CHASE BANK WEATHERTECH -FLOOR LINERS 187.89 JPMORGAN CHASE BANK IHOME DEPOT - HARDWARE 1 12.48 Page 6 Claims List `rN*0111 Budget Unit Title Vendor Name Payable Description Payment Amount SALES TAX FUND - FIRE... JPMORGAN CHASE BANK HOME DEPOT - HARDWARE 46.22 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES 452.55 JPMORGAN CHASE BANK TRAVELEXPENSE 13.90 JPMORGAN CHASE BANK TRAVELEXPENSE 13.84 JPMORGAN CHASE BANK LOWES- SUPPLIES 44.98 JPMORGAN CHASE BANK TRAVELEXPENSE 13.74 JPMORGAN CHASE BANK TRAVELEXPENSE 13.74 JPMORGAN CHASE BANK SOUTHWEST- AIRFARE 324.95 JPMORGAN CHASE BANK LOWES- FAUCET 51.30 JPMORGAN CHASE BANK OVERHEAD DOOR - REPAIRS 565.75 JPMORGAN CHASE BANK UPS STORE- SHIPPING 23.15 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 68.94 JPMORGAN CHASE BANK P & K EQUIPMENT- SUPPLIES 88.97 JPMORGAN CHASE BANK TRAVELEXPENSE 9.22 JPMORGAN CHASE BANK TRAVELEXPENSE 7.81 JPMORGAN CHASE BANK TRAVELEXPENSE 11.46 JPMORGAN CHASE BANK TRAVELEXPENSE 31.13 JPMORGAN CHASE BANK DRY CLEANING- CLEANING 55.00 JPMORGAN CHASE BANK FEDEX - SUPPLIES 9.68 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES 127.73 JPMORGAN CHASE BANK R B FABRICATION -TOOL BAG 139.94 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES 131.23 JPMORGAN CHASE BANK AMAZON - CLAMPS 19.99 JPMORGAN CHASE BANK IMAGENET- COPIER RENTAL 440.17 JPMORGAN CHASE BANK FLEET FEET- CLOTHING 120.00 JPMORGAN CHASE BANK AMER WASTE - DUMPSTER RENTA 60.00 AT &T CONSOLIDATED PHONE BILL 168.88 MARK STUCKEY TUITION REIMBURSEMENT 845.73 JPMORGAN CHASE BANK CONRAD FIRE -DOOR PARTS 347.02 JPMORGAN CHASE BANK YALE - CLEANING 14.25 JPMORGAN CHASE BANK JOHNSTONE -VENT MOTOR 49.88 JPMORGAN CHASE BANK CONRAD FIRE -STRAP 26.81 JPMORGAN CHASE BANK OREILLYS- SUPPLIES 26.33 JPMORGAN CHASE BANK LOWES- SUPPLIES 4.48 JPMORGAN CHASE BANK WALMART- SUPPLIES 13.94 JPMORGAN CHASE BANK OREILLY- VEHICLE PARTS 7.39 JPMORGAN CHASE BANK SAMSCLUB- SUPPLIES 61.54 JPMORGAN CHASE BANK BIG POPPY - UNIFORM CLOTHIN 150.00 JPMORGAN CHASE BANK CONRAD FIRE - NETTING 523.80 JPMORGAN CHASE BANK SAMSCLUB- MEMBER RENEWAL 280.00 JPMORGAN CHASE BANK LODGING EXPENSE 675.00 JPMORGAN CHASE BANK LODGING EXPENSE 545.00 JPMORGAN CHASE BANK LOWES- SUPPLIES 19.96 JPMORGAN CHASE BANK FIRE SVC TRAIN - TRAINING 2,500.00 Page 7 Claims List 1/5/2016 Budget Unit Title Vendor Name Payable Description PaymentAmount SALES TAX FUND - FIRE... JPMORGAN CHASE BANK WALMART- SUPPLIES 24.85 JPMORGAN CHASE BANK FIRE SERVICE - TRAINING 1,700.00 JPMORGAN CHASE BANK LOWES- SUPPLIES 18.44 JPMORGAN CHASE BANK LOWES- SUPPLIES 32.78 JPMORGAN CHASE BANK SAMSCLUB- SUPPLIES 28.98 JPMORGAN CHASE BANK AMAZON -PARTS 51.66 AT &T LONG DISTANCE PHONE BILL 6.03 JPMORGAN CHASE BANK EZREGISTER- TRAINING 395.00 JPMORGAN CHASE BANK TRAVEL EXPENSE 30.58 JPMORGAN CHASE BANK TRAVEL EXPENSE 9.23 JPMORGAN CHASE BANK TRAVEL EXPENSE 11.19 JPMORGAN CHASE BANK TRAVEL EXPENSE 10.54 JPMORGAN CHASE BANK STUART IRBY- SUPPLIES 565.26 JPMORGAN CHASE BANK A -1 APPLIANCE - REPAIRS 175.05 JPMORGAN CHASE BANK LOWES- SUPPLIES 51.66 JPMORGAN CHASE BANK LODGING EXPENSE 54.88 JPMORGAN CHASE BANK AMAZON - RETURN -19.05 STOLZ TELECOM, LLC VEHICLE PARTS 838.60 OVERHEAD DOOR CO. OF TULSA, INC OVERHEAD DOOR REPAIR 256.50 WORLEYS GREENHOUSE & NURSERY, INC BUILDINGS, STATION #3 2,252.00 BARRY INGRAM TUITION REIMBURSEMENT 445.65 BAILEY EVENT CENTER, INC. MEETING EXPENSES 860.00 NORTHERN SAFETY COMPANY, INC. EQUIPMENT REPAIRS 169.00 CASCO INDUSTRIES INC BUNKER BOOTS 341.00 GLENDA G. WALLACE BUNKER GEAR REPAIR 20.00 INDUSTRIAL TRUCK EQUIPMENT IVEHICLE REPAIR 1 1,277.50 TOTAL SALES TAX FUND -FIRE 38,914.52 38,914.5 FUND GRAND TOTAL SALES TAX FUND - POLICE JPMORGAN CHASE BANK MARLOW WHITE- RETURN -18.00 JPMORGAN CHASE BANK REASORS - SUPPLIES 23.90 JPMORGAN CHASE BANK MEETING EXPENSE 6.30 JPMORGAN CHASE BANK AMAZON- SUPPLIES 18.99 JPMORGAN CHASE BANK AT UR SVC- RESTROOM RENTAL 80.00 JPMORGAN CHASE BANK US PATRIOT - UNIFORM ITEM 140.00 JPMORGAN CHASE BANK QUALITY TIRE- ALIGNMENT 69.95 JPMORGAN CHASE BANK PRECISION DELTA - SUPPLIES 1,636.00 JPMORGAN CHASE BANK SPECIAL OPS- UNIFORM ITEMS 98.90 AT &T LONG DISTANCE PHONE BILL 88.89 JPMORGAN CHASE BANK USPS - SHIPPING COSTS 43.75 JPMORGAN CHASE BANK FBI LEEDA- ANNUAL DUES 50.00 JPMORGAN CHASE BANK WALMART - SUPPLIES 5.54 JPMORGAN CHASE BANK IGLOCK PROF - TRAINING 250.00 Page 8 Claims List 1/5/2016 Budget Unit Title Vendor Name Payable Description Payment Amount SALES TAX FUND - POLICE... JPMORGAN CHASE BANK GLOCK PROF - TRAINING 250.00 JPMORGAN CHASE BANK MARLOW WHITE- UNIFORMS 219.00 JPMORGAN CHASE BANK MARLOW WHITE- UNIFORMS 40.00 JPMORGAN CHASE BANK GALLS - UNIFORM ITEMS 25.76 JPMORGAN CHASE BANK BROWNELLS- SUPPLIES 128.55 JPMORGAN CHASE BANK SAMSCLUB- SUPPLIES 89.86 JPMORGAN CHASE BANK STOP TECH - SUPPLIES 36.00 JPMORGAN CHASE BANK SAMSCLUB- SUPPLIES 3.98 JPMORGAN CHASE BANK SOUTHERN AG -K9 FOOD 89.98 TREASURER PETTY CASH TRAVEL EXPENSE 196.25 TREASURER PETTY CASH TRAVEL EXPENSE 89.08 TREASURER PETTY CASH UNIFORM REIMB /GRAY 108.51 TREASURER PETTY CASH K9 SUPPLIES 7.94 TREASURER PETTY CASH UNIFORM REIMB /KITCH 34.00 AT &T CONSOLIDATED PHONE BILL 537.81 JPMORGAN CHASE BANK FAMILYANIMAL -K9 MEDICAL 55.00 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES 16.04 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 15.28 JPMORGAN CHASE BANK AMAZON - SUPPLIES 14.26 - JPMORGAN CHASE BANK WATERSTONE -DRY CLEANING 1,351.41 JPMORGAN CHASE BANK OT -SWAT CALLOUT SUPPLIES 18.45 JPMORGAN CHASE BANK AMAZON - UNIFORM ITEMS 78.49 JPMORGAN CHASE BANK AMAZON- UNIFORM ITEMS 24.84 JPMORGAN CHASE BANK LOWES- SUPPLIES 11.92 JPMORGAN CHASE BANK OPERATING SUPPLIES 85.66 JPMORGAN CHASE BANK SPECIAL OPS- UNIFORM ITEMS 44.97 JPMORGAN CHASE BANK AMAZON - UNIFORM APPAREL 24.61 JPMORGAN CHASE BANK TASER TRAINING - TRAINING 390.00 JPMORGAN CHASE BANK TEST FOR ACH /DRUG- RENEWAL 12.00 JPMORGAN CHASE BANK MEETING EXPENSE 19.15 JPMORGAN CHASE BANK MEETING EXPENSE 10.67 JPMORGAN CHASE BANK LOWES- SUPPLIES 3.98 JPMORGAN CHASE BANK ATWOODS -K9 SUPPLIES 149.99 JPMORGAN CHASE BANK AMAZON - UNIFORM ITEMS 111.69 AEP /PSO ELECTRIC USAGE 2,215.77 INTEGRIS AMBULATORY CARE CORP. PENSION PHYSICALS 1,650.00 SHAUN C. JONES TUITION REIMBURSEMENT 588.00 LEILA RAU TUITION REIMBURSEMENT 1,144.20 SPOK, INC. IPAGER USE 35.48 TOTAL SALES TAX FUND - POLICE 12,422.80 12,422.8 FUND GRAND TOTAL SALES TAX FUND - STREETS SPOK, INC. PAGER USE 84.33 Page 9 Claims List 1/5/2016 Budget Unit Title Vendor Name Payable Description Payment Amount SALES TAX FUND- STREETS... SIGNALTEK INC REPLACE SCHOOL ZONE FLASH 5,325.00 ROADSAFE TRAFFIC SYSTEMS, INC FY 2014 -2015 PAVEMENT STIR 10,900.38 JPMORGAN CHASE BANK LOWES- SUPPLIES 85.30 AEP /PSO ELECTRIC USAGE 1,699.75 JPMORGAN CHASE BANK ATWOOD -HITCH PIN 11.38 JPMORGAN CHASE BANK MSC - TRAILER CONNECTION 519.58 JPMORGAN CHASE BANK LOWES- STORAGE BOX 9.54 TWIN CITIES READY MIX, INC CONCRETE 479.25 JPMORGAN CHASE BANK LOWES- STORAGE BINS 14.96 JPMORGAN CHASE BANK FASTENAL -ZIP TIES 21.05 JPMORGAN CHASE BANK FASTENAL- SUPPLIES 38.01 JPMORGAN CHASE BANK STD SPLY -PULL ROPE REPAIR 24.25 JPMORGAN CHASE BANK EQUIPMENT ONE -RENTAL 346.50 UNIFIRST HOLDINGS LP UNIFORM CLEANING 47.69 UNIFIRST HOLDINGS LP UNIFORM CLEANING 47.69 UNIFIRST HOLDINGS LP UNIFORM CLEANING 47.69 OWASSO TOP SOIL DIRT FOR BACK FILLING 195.00 JPMORGAN CHASE BANK EQUIPMENT ONE- RENTAL 228.00 JPMORGAN CHASE BANK MICHAEL TODD - SUPPLIES 607.11 JPMORGAN CHASE BANK OREILLYS- SUPPLIES 362.05 JPMORGAN CHASE BANK OREILLYS- CIRCUIT BREAKER 20.06 APAC- OKLAHOMA, INC. POTHOLE REPAIRS 83.07 SHERWOOD CONSTRUCTION CO, INC CRUSHER RUN 87.30 TWIN CITIES READY MIX, INC CONCRETE 852.00 TULSA COUNTY BOCC SPEED TABLE SIGNS 303.20 JPMORGAN CHASE BANK FASTENAL -CABLE TIES 72.65 JPMORGAN CHASE BANK LOWES- SUPPLIES 13.58 JPMORGAN CHASE BANK FASTENAL - HAMMERDRILL /BITS 358.16 JPMORGAN CHASE BANK FASTENAL- SUPPLIES 2,713.04 JPMORGAN CHASE BANK GRAINGER- DOLLIES 149.32 JPMORGAN CHASE BANK BUMP2SUMP- CONNECTOR CABLE 11.09 JPMORGAN CHASE BANK ACADEMY - SAFETY BOOTS 144.99 JPMORGAN CHASE BANK MAXWELL- CONCRETE TOOLS 237.05 PAVING MAINTENANCE SUPPLY INC SAFETY CONES 1,200.00 APAC - OKLAHOMA, INC. ASPHALT FOR POTHOLES 46.41 TULSA ASPHALT, LLC ICOLD LAY FOR POTHOLES 138.55 TOTAL SALES TAX FUNDSTREETS 27,524.99 27,524.9 FUND GRAND TOTAL CI - GARN WID 96TH -106TH BUFFALO LAND ABSTRACT COMPANY ROW ACQUISITION - GARNETT 100.00 BUFFALO LAND ABSTRACT COMPANY ROW ACQUISITION -GARNETT 100.00 BUFFALO LAND ABSTRACT COMPANY ROW ACQUISITION - GARNETT 100.00 BUFFALO LAND ABSTRACT COMPANY ROW ACQUISITION- GARNETT 100.00 Page 10 Claims List 1/5/2016 Budget Unit Title Vendor Name Payable Description PaymentAmount CI - GARN WID 96TH- 106TH... BUFFALO LAND ABSTRACT COMPANY ROW ACQUISITION -GARNETT 100.00 BUFFALO LAND ABSTRACT COMPANY ROW ACQUISITION - GARNETT 100.00 BUFFALO LAND ABSTRACT COMPANY ROW ACQUISITION - GARNETT 100.00 BUFFALO LAND ABSTRACT COMPANY ROW ACQUISITION -GARNETT 100.00 BUFFALO LAND ABSTRACT COMPANY ROW ACQUISITION - GARNETT 100.00 BUFFALO LAND ABSTRACT COMPANY ROW ACQUISITION - GARNETT 100.00 BUFFALO LAND ABSTRACT COMPANY ROW ACQUISITION -GARNETT 100.00 BUFFALO LAND ABSTRACT COMPANY ROW ACQUISITION - GARNETT 100.00 BUFFALO LAND ABSTRACT COMPANY ROW ACQUISITION - GARNETT 100.00 BUFFALO LAND ABSTRACT COMPANY ROW ACQUISITION - GARNETT 100.00 BUFFALO LAND ABSTRACT COMPANY ROW ACQUISITION- GARNETT 100.00 BUFFALO LAND ABSTRACT COMPANY ROW ACQUISITION - GARNETT 100.00 BUFFALO LAND ABSTRACT COMPANY ROW ACQUISITION - GARNETT 100.00 BUFFALO LAND ABSTRACT COMPANY ROW ACQUISITION - GARNETT 100.00 BUFFALO LAND ABSTRACT COMPANY ROW ACQUISITION - GARNETT 100.00 BUFFALO LAND ABSTRACT COMPANY ROW ACQUISITION- GARNETT 100.00 BUFFALO LAND ABSTRACT COMPANY ROW ACQUISITION - GARNETT 100.00 INTEGRA REALTY RESOURCES, LLC JAPPRAISAL FOR ROW ACQUISI 2,750.00 TOTAL CI - GARN WID 96TH -106TH 4,850.00 4,850.0 FUND GRAND TOTAL CITY GARAGE UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 32.04 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 32.04 JPMORGAN CHASE BANK BUMP2BUMP -CORE RETURN -25.00 JPMORGAN CHASE BANK BUMP2BUMP- RETURN - 108.64 JPMORGAN CHASE BANK UNITED FORD -PARTS RESALE 2,434.65 AT &T LONG DISTANCE PHONE BILL 2.24 AT &T CONSOLIDATED PHONE BILL 24.77 JPMORGAN CHASE BANK OREILLYS- SUPPLIES 18.15 JPMORGAN CHASE BANK OREILLYS -PARTS RESALE 460.18 JPMORGAN CHASE BANK SAFELITE - WINDOW GLASS 217.14 AT &T MOBILITY WIRELESS SERVICE 57.25 JPMORGAN CHASE BANK BUMP2BUMP -PARTS RESALE 269.00 JPMORGAN CHASE BANK BUMP2BUMP -PARTS RESALE 153.49 JPMORGAN CHASE BANK BUMP213UMP -PARTS RESALE 89.92 AEP IPSO JELECTRIC USAGE 561.28 TOTAL CITY GARAGE 4,218.51 4,218.51 FUND GRAND TOTAL WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS 8,050.83 RICH & CARTMILL, INC EXCESS WC AUDIT 2014 -2015 2,930.00 Page 11 Claims List 1/5/2016 Budget Unit Title Vendor Name Payable Description Payment Amount WORKERS' COMP SELF -INS.. CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS 2,965.79 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS 366.98 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS 733.96 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS 323.00 CITY OF OWASSO IMPREST ACCOUNT STOP CHECK CHARGE 29.00 WORKERS' COMP SELF -INS 1 GRAND TOTAL 1 LIAB -PROP SELF INS GEN LIAB -PROP SELF INS [FUND GRAND TOTAL Eff :TIM- • O'CONNOR, TURNER & KETCHUM LEGAL, ROSS OCTOBER 2015 O'CONNOR, TURNER & KETCHUM LEGAL, DENTON OCT 2015 Page 12 4,1 7 $286,327 The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Daniel Dearing Sr. Civil Engineer SUBJECT: Acceptance of Urban Engineering Agreement DATE: December 31, 2015 BACKGROUND: On May 17, 2005, the Engineering Design Criteria, Construction Standards and Standard Details for any and all developments, projects, and infrastructure improvements within the City of Owasso were adopted by the City Council. Documents required as a result of that adoption include two different agreements, one which must be submitted by the developer and one which must be submitted by the developer's engineer. The agreements are as follows: ENGINEER AGREEMENT: The agreement required to be submitted by the developer's engineer is titled "Agreement for Urban Engineering Services" (Section 0114.1(B). This agreement requires the engineer to list all improvements associated with the proposed development, attest that all designs will be in compliance with City standards (outlined in the design criteria), pay all fees associated with the plan review, attest that he /she is a Registered Professional Engineer in the State of Oklahoma, and attest that he /she maintains Professional Liability Insurance in limits directly correlated to the cost of the project specified in the attached agreement. The liability insurance to project cost ratio schedule is as follows: Proiect Cost Less than $500,000 $500,000 - $1,000,000 Greater than $1,000,000 DEVELOPER AGREEMENT: Professional Liability Insurance $ 250,000 $ 500,000 $1,000,000 The agreement required to be submitted by the developer is titled "Agreement Guaranteeing Installation of Improvements" (Section 01 14.1(C). This agreement requires the developer to submit engineering drawings for the proposed improvements, provide oversight of his /her construction contractor to assure compliance with the approved plans, and submit "as- built" drawings upon completion of the construction of improvements. The Mayor's signature is required on the "Agreement for Urban Engineering Services" (Engineer Agreement), and therefore Council approval is needed, RECOMMENDATION: Staff recommends approval and authorization for the Mayor to execute the following "Agreement for Urban Engineering Services" (Engineers Agreement): Kellogg Engineering, Inc., for sanitary sewer force main, sanitary sewer gravity line and manholes, drainage structures, sidewalk and commercial driveway for the Morrow Sanitary Sewer Lift Station Project. • Kellogg Engineering, Inc., for roadway, storms sewer, sanitary sewer, drainage ways, and sidewalks for Morrow Place Residential Phase I. Kellogg Engineering, Inc., for a fire hydrant, manhole lowering, commercial driveway, and sidewalks for Owasso Industrial Park Phase IV. ATTACHMENTS: "Agreement for Urban Engineering Services" - Kellogg Engineering, Inc., for sanitary sewer force main, sanitary sewer gravity line and manholes, drainage structures, sidewalk and commercial driveway for the Morrow Sanitary Sewer Lift Station Project. "Agreement for Urban Engineering Services" - Kellogg Engineering, Inc., for roadway, storms sewer, sanitary sewer, drainage ways, and sidewalks for Morrow Place Residential Phase 1. "Agreement for Urban Engineering Services" - Kellogg Engineering, Inc., for a fire hydrant, manhole lowering, commercial driveway, and sidewalks for Owasso Industrial Park Phase IV. AGYM EMENT FOR iJdRl$�iN ENGRNEE,RING SEI RVACES THIS AGREEMENT, entered into by and between the CITY OF OWASSO, OKLAI IOMA, a municipal corporation, hereinafter called "City" and Kellogg Engineering, Inc. heieinaRercalled "DesignEngineer ". W i,rNESS ETI 1: WHEREAS, the Design Engineer has been employed by the Owner /Developer /Subdivider of the herein described real property to prepare all project plans and specifications and to provide certain engineering services during the construction of the hereinafter sometimes referred to as the "Project ", upon easements and rights -of -ways to be owned or controlled by the City; and WHEREAS, the Design Engineer is desirous of obtaining the review (and approval) of the plans and specifications for said project by the City of Owasso Public Works Department; and WHEREAS, the City is willing to review the plans and specifications prepared by the Design Engineer under the hereinafter described terms and conditions. NOW, THEREFORE, in consideration oftlie foregoing and in consideration of the hereinafter set forth promises and covenants, the parties hereto mutually agree as follows, to- wit; 1, 'fhe Improvements to be designed by the Design Engineer (pursuant to this Contact) shall generally consist of the following types of improvements Public Sanitary Sewer Lift Station, Sanitary Sewer. Force Main, Sanitary Sewer Gravity Line and Manholes, and Drainage Structures, Sidewalk, Commercial Drive. which shall be located on the following described tract of land: Morrow Sanitary Sewer Lift Station Project, Part of Sections 4, 5, 8, & 9, T -21 -N R -14 -E, IP1 &Mt City of Owasso, between E. 116th St. N. and E. 126th St. N. alone N. 129th E. Ave. and through the Morrow Development, 2. The Design Engineer shall, in conformity with the provisions of the City's Standard Specifications for Urban Engineering Services, including the City's current Design Criteria, which are hereby incorporated and made a part of this Contract by reference, prepare project plans, specifications, and other engineering dOGUinent5 as may be necessary for the proper construction of the project improvement, and shall perform all construction layout surveys, and staking and periodic general construction supervision on the project improvements its they are constructed by the Owner and his Contractor. 3. The City shall review (and approve) the project plans, specifications, and other engineering documents for the construction of the project improvements prepared and submitted to the City by the Design Engineer. 4. `file Design Engineer shall compensate the City for reviewing (and approving) plans and specifications for (lie project at the rate of One Hundred Dollars ($100.00) for each plan sheet submitted (other than plan sheet Standard Drawings of the City of Owasso or of the Oklahoma Department of Transportation), except that the minimum charge for each project shall be One Idundred -fifty Dollars ($150.00), Payment shall be due and payable upon presentation of the plans and specifications for the project for review by the City. PPPI plan review and permit fees are waived for governmental entities. No fees shall be collected by the City of Owasso on any public work or improvement performed by or for any city, county, state, or federal governmental entity; provided however, that this exemption shall not constitute waiver of any ordinance requiring the issuance of such pernuts, and it shall apply only to such permits issued directly to the governmental entity involved. 5. The Design Engineer hereby covenants that he /she is a Registered Professional Engineer in the State of Oklahoma at the time of execution of this Contract, and should the Design Engineer cease to be a Registered Professional Engineer prior to completing performance of the terms and conditions of this Contract, the Design Engineer shall immediately notify the City and shall engage a Registered Professional Engineer acceptable to the City to complete performance of the promises and covenants contained herein. fi, The Design Engineer further covenants and agrees that he /she maintains and is covered by Professional Liability Insurance in limits of not less than those indicated in the following schedule: Pro'ei ctCost Proflessional.1jability Insurance Less than $500,000 $250,000 $500,000 - $1,000,000 $500,000 Greater than$ 1,000,000 $1,000,000 (Project Costs to be as defined in Section 1 of the attached Specifications for Urban Engineering Services) and that he /she will maintain same in continuous force and effect for a period of not less than three years from and after final acceptance of the project herein. 7. The Design Engineer further covenants and agrees to comply with Section 1, ,Section 11 and Section III of the attached Standard Specifications for Urban Engineering Services and that these specifications become a part this contract. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives on the dates set for the below. Executed by the City of Owasso, Oklahoma, on the _day of 20— Executed by the Design Engineer on the 23 th day of December. 2015. CITY OF OWASSO, OICLAFIOMA a municipal corporation BY Mayor A'f -FEST: City Clerk APPROVED AS TO FORM: City Attorney APPROVED: Public Works Dimetor DE ENGINEER: Kellogg Etpneenng, Ino. SI . Design Eng er BY President Title ATTEST: AGll3,JC�ER/d�i.NT_FOR URBAN ..N- iA,NEER1NG SE,;i3`+IICES THIS AGRE,RMLNT, entered into by and between the CITY OF OWASSO, OKLAHOMA, a municipal corporation, hereinafter called "City" and Kellogg Engi_ne-ering, Inc. - - -- — hereinafter called "Design Engineer" R TNESSE'IH: WHIiREAS, the Design 13ngineer has been employed by the Owner /l�evcloper /Subdivider of the herein described real property to prepare ail project plans and specifications and to provide ejertain engineering services during the construction of the hereinafter sometimes referred to as the "Pro.ject ", upon casements and rights -of ways to be owned or controlled by the City; and WIIG;RLAS, the Design Engineer is desirous of oblaining the review (arid approval) of the plans and specifications for said project by the City of Owasso I'nbllC WorjcS Department; and WFIEREAS, the City is willing to review the plans and specifications prepared by the Design ingineer under the hereivaflor described torms and conditions. NOW, THEREFORE, in consideration of the foregoing and in consideration of the hereinafter set forth promises and covenants, the parties hereto mutually agree as Follows, to- wit; 1. The hnprovepients to be designed by the Design Engineer (pursuant to this Contract) shall generally consist of the following types of iunprovements PUBLIC ROADWAY, STORM, SEWER, SANITARY SEWER, DRAINAGE, WAYS, SIDEWALKS which shall be located on the following described tract of land: Morrow Place Presidential, Part of Section 4, T -21 -N, R_7.4F1 IB &M C:Lty of: Owasso, Oklahoma between E. 11-6th St, N. and E. 126th St. N. 2. 'file Design Lnf,ineer shall, in conformity with the provisions of the City's Standard Specifications for Urban ingineering Services, including the City's current Design Criteria, which are hereby incorporated and made a part of this Contract by reference, prepare project plans, specifications, and other engineering documents as may be necessary for the proper construction of the project improvement, and shall perform all construction layout surveys, and staking and periodic general construction supervision on the project improvements as they are constructed by the Owner and his Contractor. 3. The City shall review (anti approve) the project plans, specifications, and other engineering documents for the construction of the project improvements prepared and submitted to the City by the Design Lngincer. 4. The Design Engineer shall compensate, the City for reviewing; (and approving) plans and specifications for the project at the rate of One Flundred Dollars ($100.00) for each plan sheet st.ibmitted (other than plan sheet Standard Drawings of the City of Owasso or of the Oklahoma Department of Transportation), except that [lie minimum charge for each project shall be One Flundred -fifty Dollars ($150.00). payment shall be due and payable Upon presentation of the plats and specifications for the project for review by the City. ])l'pt plan review and permit fees are waived for governmental entities. No tees shall be collected by the City of Owasso on ally public work or improvement performed by or for tiny city, county, state, or federal governmental entity; provided however, that this exemption shall not constitute waiver of any ordinance requiring the issuance of such permits, and it shall amply only to such permits issued directly to the governmental entity involved. 5. The De sign Engineer hereby covenants that he /she is a Registered Professional Engineer in the State of Oklahoma at the time of execution of this Contract, and should the Design Engineer cease to be a Registered Professional Engineer prior to completing performance of the twins and conditions of this Contract, the Design Engineer shall immediately notify the City and shall engage a Registered Professional Engineer acceptable to the City to complete perronnance of the promises and covenants contained herein. 6. The Design Engineer further covenants and agrees that he/she maintains and is covered by Professional Liability Insurance in limits of not less than those indicated in the following schedule: PLo'ea ct C;gst 1'ro1essir�nal Liabilit tnsw•anne Less than $500,000 $?50,000 $500,000 - $1,000,000 $500,0()0 Greater than $1,000,000 $1,000,000 (project Costs to be as defined in Sectiou I of the attached Specifications for Urban Engineering Services) and that he /she will maintain same in continuous force and effect for a period of not less than three yens from and after final acceptance ofthe project herein. 7. The Design Engineer further covenants and agrees to comply with Section 1, Section II and Section III of the attached Standard Specifications for Urban Engineering Services and that these specifications become a part this contract. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives on the dates set for the below. Executed by the City of Owasso, Oklahoma, on the _day of , 20____ Executed by the Design Engineer on the 23 th day ol' December. 2015 CITY OF OWASSO, OKLAHOMA a municipal corporation BY Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney APPROVED: Public Works Director DESIGN GINEER: Kellogg Engineering, Inc. Design Engineer 61 / 13Y president Title ATTEST: Scy — 4e:rrn �nprd` AGREE 11ENT FOR UP, q .h4 1' uNgINr,..I;IRIi G SE RVI4��S THIS AGREEMENT, entered into by and between the CITY OF OWASSO, OKLAfION4A, a municipal corporation, hereinafter called "City" and Kellogg Engineering, _Coe_ hereinafter called "Design Engineer ". WITNhSSETH: WHEREAS, the Design Hnginecr has been employed by the Owner /Developer /Subdivider of the herein described real property to prepare all project plans and specifications and to provide certain engineering services during (hc construction of the hereinafter sometimes referred to as the "Project', upon easements and rights-of-ways to be owned or controlled by the City; and WHEREAS, the Design Engineer is desirous of obtaining the review (and approval) of the plans and specifications for said project by the City of Owasso Public Works Department; and WHEREAS, the City is willing to review the plans and specifications prepared by the Design Engineer under the hereinafter described terms and conditions. NOW, THEREFORE, in consideration of the foregoing and in consideration of the hereinafter set forth promises and covenants, the parties hereto mutually agree as follows, to- wit; 1. The Improvements to be designed by the Design Engineer (pursuant to this Conh•act) shall generally consist of the following types of improvements PUBLIC FIRE HYDRANT,_ MANHOLE LOWERING, COMMERCIAL DRIVEWAY, AND SIDEWALKS. which shall be located on the following described tract of land: _Owasso Industrial Park Phase IV, Part of Section 4, T- 27. -N1 12- 14 -1 ?, IS &IN, City of Owasso, Oklahoma. 202 E. 5th Ave. Owasso, OK '74055 2. The Design Engineer shall, in coni'ormity with the provisions of the City's Standard Specifications for Urban Engineering Services, including the City's current Design Criteria, which are hereby incorporated and madc a part of this Contact by reference, prepare project plans, specifications, and other engineering documents as may be necessary for the proper construction of the project improvement, and shall perform all conshuction layout surveys, and staking and periodic general construction supervision on the project improvements as they are constructed by the Owner and his Contractor. 3. The City shall review (and approve) the project plans, specifications, and other engineering documents for the construction of the project improvements prepared and submitted to the City by the Design Engineer, 4. The Design Engineer shall compensate the City for reviewing (and approving) plans and specifications for the project at the rate of One Hundred Dollars ($100.00) for each plan sheet submitted (other than plan sheet Standard Drawings of the City of Owasso or of the Oklahoma Department of'fransportation), except that the minimum charge fix each project shall be One Hundred-filly Dollars ($150.00). Payment shall be due and payable upon presentation of the plans and specifications For the project for review by the City. PFPI plan review and permit Fees are waived for governmental entities. No Fees shall be collected by the City of Owasso on any public work or improvement performed by or for any city, county, state, or federal governmental entity; provided however, that this exemption shall not constitute waiver of any ordinance requiring the issuance of such permits, and it shall Apply only to such permits issued directly to the governmental entity involved. 5. The Design Engineer hereby covenants that he/she is a Registered Professional Engineer in the State of Oldahoma at the time of executioll ofthis Contract, and should the Design Engineer cease to be a Registered Professional Engineer prior to completing performance of the terms and conditions of this Contract, fhe Design Engineer shall immediately notify the City and shall engage a Registered Professional Engineer acceptable to the City to complete performance of the promises and covenants contained herein. G. The Design Engineer further covenants and agrees that he /she maintains and is covered by Professional Liability Insurance in limits of, not less than those indicated in the following setledule: Project Cost Professional Liability I Listi raticq Less than $500,000 $250,000 $,500,000- $1,000,000 $500,000 Greater than$ 1,000,000 $1,000,000 (Project Costs to be as defined in Section I of the attached Specifications for [)than Engineering Services) and that he /she will rnaintaiu same in continuous force and effect for a period of not less than three years from and after final acceptance of the project herein. 7. 'file Design Engineer further covenants and agrees to comply with Section 1, Section 11 and Section 111 of the attached Standard Specifications for Urban Engineering Services and that these specifications become a part this contract. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives on the dates set for the below. E\eCUted by the City of Owasso, Olclahoma, on the _day of , 20____ E\CCUted by the Design Engineer on the 23 th day of December 2015. CITY OF OWASSO, OKLAHOMA a municipal corporation BY Mayor ATTEST: City Cleiic APPROVED AS TO FORM: City Attorney APPROVED: Public Works Director DESI ENGINEER : Kellogg Engineering, Inc. Design Engineer BY President Title ATTEST: SS cretary The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Linda Jones, Finance Director SUBJECT: Oklahoma Tax Commission Agreement DATE: December 31, 2016 BACKGROUND: In late October, the Oklahoma Tax Commission (OTC) notified the City of the need to sign a new agreement outlining the responsibilities of the Oklahoma Tax Commission to collect and distribute sales and use tax for the State of Oklahoma at the reduced rate of '' /z% which is retained by the OTC. This agreement furthermore outlines responsibilities of the City to timely notify the OTC of certain events such as tax rate changes. The proposed agreement has been reviewed and approved by the City Attorney. RECOMMENDATION: Staff recommends approval of the revised Agreement for Administration of the Sales and Use Tax Ordinances of the City of Owasso and an Agreement to Engage in Compliance of Activities by the City of Owasso. ATTACHMENT: Agreement for Administration of the Sales and Use Tax Ordinances of the City of Owasso and an Agreement to Engage in Compliance of Activities by the City of Owasso AGREEMENT FOR ADMINISTRATION OF THE SALES AND USE TAX ORDINANCES OF THE CITY/TOWN AND AN AGREEMENT TO ENGAGE IN COMPLIANCE ACTIVITIES BY THE CITY/TOWN OF THIS AGREEMENT is entered into this day of fah, aOf I` pursuant to the provisions of Sections 2701 et seq. of Title 68 of the Oklahoma Statutes, between the Oklahoma Tax Commission, hereinafter referred to as "Commission," and the CityfTown of btunS5,C Oklahoma, hereinafter referred to as "Municipality," for the administration of effective sales and use tax ordinances on file with the Co mission hereinafter referred to as "Ordinances," levying a municipal sales or use tax of 3' b percent (3 • %) upon sales within or outside of the Municipality and to authorize Municipality to engage in compliance activities as hereinafter defined. 1. This Agreement is based upon the Ordinances for the collection of sales and uses taxes by the Municipality, certified copies of which are attached hereto and made a part hereof. The Municipality may, at any time and from time to time, amend or repeal the Ordinances and, to the extent that the Municipality amends or repeals the Ordinances, the Municipality shall promptly provide the Commission with a certified copy of the ordinance effecting such amendment or such repeal. An increase or a decrease in the municipal sales or use tax rate shall become effective only on the first day of a calendar quarter. Provided, however, the sales and use tax rates levied by the Municipality if the Municipality levies both a sales and use tax, must be identical. The Municipality shall notify the Commission of an increase or a decrease at least seventy -five (75) days prior to the close of the current calendar quarter and shall provide the Commission with a certified copy of the ordinance affecting such increase or such decrease. 2. A. The Commission shall administer and shall enforce the Ordinances and shall collect the municipal sales and use tax, and the interest and penalties with respect thereto as provided in the Ordinances except as provided, in paragraph 16 below. It is recognized and acknowledged that: (a) the Ordinances levy municipal sales tax upon all sales within the Municipality as authorized by Section 2701 of Title 68 of the Oklahoma Statutes; and (b) the term "sale" as used in the Ordinances has the same meaning as the term "sale" has in the Oklahoma Sales Tax Code; and (c) the Ordinances levy municipal use tax upon all transactions within or without the Municipality as authorized by Section 1411 of Title 68 of the Oklahoma Statutes; and (d) the term "use" as used in the Ordinances have the same meaning as the term "use" has in the Oklahoma Use Tax Code; and (e) the permits for sales and use tax issued by the Commission shall be the sales and use tax permits used by the municipality for the enforcement and collection of sales and use taxes within and without the municipality and said permits, as issued by the Commission, shall include the zip code plus the four digit location code commonly called the zip plus 4, when available. To facilitate such administration, such collection and such enforcement of local taxes, the Commission shall designate a Local Tax Coordinator of the Commission who shall be generally responsible for matters related to the collection of local taxes and, with respect to such matters, shall directly advise the Administrator of the Commission. The duties which may be performed by the Local Tax Coordinator and /or other employees of the Commission under his or her supervision, shall include, without limitation, B. (a) acting as liaison between the Commission and municipalities with respect to the administration, the collection and the enforcement of local taxes, (b) addressing concerns of the Commission and /or taxpayers with respect to the administration, the collection and the enforcement of municipal taxes by municipalities, (c) consulting with municipalities concerns and trends with respect to local taxes, (d) coordinating collection and enforcement actions by the Commission and municipalities with respect to local taxes, (e) coordinating the provision by the Commission to municipalities of information and (f) providing educational and other support to municipalities in their collection and enforcement efforts. In making decisions with respect to the administration of local taxes, the Commission will consider the view expressed by the Municipality. The Municipality shall not request that the Local Tax Coordinator perform any duties which are the sole responsibility of the Municipality. 3. The method of computing sales tax to be used by vendors in collecting both state and municipal sales tax is prescribed in Section 1362 of the Oklahoma Sales Tax Code. The method of computing use tax to be used by vendors in collecting both state and municipal use tax is prescribed in Section 1401 of the Oklahoma Use Tax Code. 4. The discount (deduction) allowed to vendors in Section 1367.1 of the Oklahoma Sales Tax Code shall be applicable to both state and local sales tax remittances. Monetary allowances provided for in 68 O.S. § 1354.31 shall also be applicable to both state and local sales tax remittances. The discount (deduction) allowed to vendors in Section 1410,1 of the Oklahoma Use Tax Code shall be applicable to both state and local use tax remittances. Monetary allowances provided for in 68 O.S. § 1354.31 shall also be applicable to both state and local use tax remittances. 5. The Commission shall retain, as its sole compensation for its services rendered hereunder, an amount not to exceed one -half of one percent (0.5 %) of the municipal sales or use taxes collected for services rendered in connection with such collections and the interest and penalties with respect thereto, collected by the Commission hereunder. The applicable percentage is set forth in Exhibit A as incorporated herein. 6. Except as otherwise provided herein, the Commission shall give no preference in applying an amount received for state, municipal and county sales or use taxes owed by a taxpayer to the extent that such amount is less than the aggregate state, municipal and county sales or use tax liability of the taxpayer. Any such amount shall be applied pro rata to the satisfaction of the claims of the Commission, the claims of the Municipality and the claims of other municipalities and counties based on the portions of the aggregate state, municipal and county sales or use tax liability of the taxpayer represented by their respective claims. 7. The municipal sales or use tax received and collected by the Commission pursuant to this Agreement shall be deposited in the State Treasury as required by law. The Commission shall use its best efforts to cause to be paid to the Municipality no later than the tenth day of each calendar month all municipal sales and use tax, and the interest and the penalties with respect thereto, received and collected by the Commission during the immediately preceding calendar month, less any amount withheld by the Commission under Paragraph 5 and less any amounts deducted by the Commission in connection with refunds hereunder. 8. The Commission shall require reports of municipal sales and use tax from vendors, shall maintain records of reports, receipts and collections from vendors. The Commission shall maintain the records in such a manner that the amount due the Municipality each month by a vendor can be determined by the Commission and can be provided to the Municipality. The requirement for the Commission to maintain its records in a verifiable form is intended to require the Commission to maintain its records in a form capable of producing reports that can be electronically downloaded into, at a minimum, an excel spreadsheet or its equivalent; the Commission will use a form which is capable of being understood by a person reviewing such records. The Commission shall make available to the Municipality a monthly statement of the municipal sales and use tax, and interest and penalties with respect thereto, received and collected by the Commission during the immediately preceding calendar month, the amounts, if any, refunded by the Commission to taxpayers during the immediately, preceding calendar month and the amount withheld by the Commission under Paragraph 5, The Commission shall allow an annual review of the Commission's expenditures associated with the collection and enforcement of municipal sales and use taxes. 9. In the event a vendor remits sales or use taxes due but fails to submit city attachments, or submits a report from which the sales or use tax due Municipality cannot be determined, the Commission will allocate to Municipality such sales or use tax received pro rata based on the vendor's percentage allocation for the most recent report filed or, if no report has been filed, according to the best information available to the Commission. Such amount, and any interest and penalty as provided in Section 217 of Title 68 of the Oklahoma Statutes with respect thereto, shall be paid to the Municipality in accordance with Paragraph 7. Interest will begin as of the date the vendor remittance is deposited to the State Treasury. 10. The Municipality acknowledges that the Commission is responsible for making refunds to taxpayers of municipal sales and use taxes previously collected by the Commission on behalf of the Municipality. The term "refunds" as used herein shall include payments made pursuant to filed claim for refund(s) or amended return(s) approved by the Commission. The Commission's determination of any taxpayer's liability for sales and use taxes shall be binding as between the Municipality and the taxpayer. Any refund of municipal sales and use tax previously paid by the Commission to the Municipality shall be paid from subsequent collections of the municipal sales and use tax. Such refund shall be deducted from the collections payable by the Commission to the Municipality, in the immediately following calendar month following the notice requirements set out in paragraph eleven (11). 11. The Commission shall provide notice to the Municipality via the OKTap user Account to municipalities so that a municipality may view all the requests for refunds that have been filed, processed and recommended approval. All claims for refund shall be documented as outlined in OAC 710:65 -11 -1 upon discovery of a remittance error by the vendor. Commission, through the Local Tax Coordinator, will notify Municipality at such time the Commission determines the final amount to be refunded pursuant to a claim or remittance error. The Commission shall make available to a municipality, upon request, copies of the claims processed and recommended for approval in the amount of two thousand dollars ($2000.00) or more and related supporting documents prior to the claim being considered for approval by the Commission. The Commission shall post the requested claim documents on the municipality's OKTap user account to comply with this requirement. Municipality agrees that any amount contained in the notice given pursuant to this section will be considered as advisory only until such time as a final determination has been made by the Commission. Any municipal sales or use tax, and /or any interest and penalties with respect thereto, paid under protest by a taxpayer to the Commission during the immediately preceding calendar month shall be paid by the Commission to the Municipality as part of the payment being made by the Commission to the Municipality. If the protested municipal sales or use tax, interest or penalties are required to be refunded, such amount and any interest required to be paid thereon will be paid out of subsequent collections by the Commission. The municipality may request by a blanket advisement to the Commission that it be notified of any hearing wherein the Commission hears a claim for refund of a protest of an assessment. If an affected municipality shall have requested such notice in writing, the Commission shall, at the same time the parties are notified of the scheduled hearing, provide written notice of the hearing date and time via electronic mail, e-mail, or mail through the United States Postal Service to the municipality affected. 12. In the event a municipality is notified as required and set out in paragraph 11, above, that it has been paid sales or use tax funds that should have been paid to another municipality, the Tax Commission shall adhere to repayment provisions of the provisions of paragraph 10. 13. The Commission shall provide to the Municipality a full and complete list of the names and the addresses of the persons and the entities which or who report doing business within the boundary of the Municipality during the preceding calendar year via the OKTap user Account. In addition the Commission shall via OKTap provide the following: A. additions to, and deletions from, the full and complete list of the names and the addresses of persons and entities which or who report doing business during the 2 preceding calendar year within the boundary of the Municipality; B. a full and complete list of the persons and the entities specified in paragraph 12(a) which or who are more than sixty (60) days delinquent in filing and /or remitting municipal sales and use taxes pursuant to the Ordinances; and C. a full and complete, list of all persons and all entities paying municipal sales and use tax under the Ordinances, and /or interest and penalties with respect thereto, and the amount of such remittances. D. the number of audits completed and assessments determined by the Commission with respect to municipal sales and use taxes, and /or interest and penalties with respect thereto, under the Ordinances during the preceding calendar year; and Commission also agrees to provide Municipality reports in addition to those outlined above under the following terms: A. The report is requested in writing or via e-mail, outlining the information required and regularity of the report. B. The report complies with all terms and statutes outlined within this agreement. C. The information requested is available to the Commission. D. Commission will be provided a minimum of thirty (30) days to compile new requests unless otherwise agreed. E. Commission shall provide the requested report(s) within ninety (90) days unless otherwise agreed. 14. The Commission shall monitor the administration, the collection and the enforcement of municipal sales and use taxes, and /or interest and penalties with respect thereto, under the Ordinances. The Commission shall provide the Municipality such information as may be requested by the Municipality with respect to any protest or any refund of municipal sales or use taxes levied by the Municipality. The Municipality shall also be entitled to consult with the Commission's legal staff about protests and refunds and, to the extent that a protest or a refund involves one or more hearings, the Municipality shall, through legal counsel or other designated staff employed by the Municipality, be entitled to be present and observe such hearing(s); provided, however, the administrative law judge or the Commission may limit the number of counsel or other designated staff, if any, who may be present to the extent necessary to permit the hearing to be conducted in an orderly fashion and without undue trepidation on the part of the taxpayer. To the extent that such documents and /or such information relates to municipal sales or use taxes, and /or interest and penalties with respect thereto, and is requested, at any time and from time to time by the Municipality, the Commission shall promptly provide to the Municipality (a) copies of applications for sales tax permits, (b) copies of sales or use tax reports, (c) copies of installment or other payment plans, if any, with taxpayers and (d) other documents and other information. 5 The Commission shall promptly notify the Municipality of any conduct which the Commission believes might be the basis for a criminal prosecution by the Municipality under the Ordinances and shall provide to the Municipality all of the documents and the information in the possession of the Commission with respect thereto, including, without limitation, the names of employees of the Commission who might be witnesses with respect thereto. The Municipality acknowledges that Section 205 of Title 68 of the Oklahoma Statutes, which makes the records and the files of the Commission confidential (subject to specified exceptions) and which prohibits disclosure of such records and such files (subject to specified exceptions), includes the Commission's records and files with respect to the receipt and the collection of municipal sales and use tax. Nothing contained herein is intended to require the Commission to disclose to the Municipality any information whose disclosure to the Municipality is prohibited by Section 205. The Commission acknowledges that (a) Section 205(c)(7) of Title 68 of the Oklahoma Statutes permits the Commission to furnish information disclosed by the records and the files of the Commission to an official person or body of this state who is concerned with the administration or the assessment of certain taxes, such as the Municipality, (b) Section 205(c)(22) of Title 68 permits the disclosure to the governing body or municipal attorney, if so designated by the governing body, of information directly involved in the resolution of issues arising out of the enforcement of a municipal sales and use tax ordinance, such as the Ordinances, pursuant to a municipal tax collection agreement, such as this Agreement, and (c) Section 22 -107 of Title 11 of the Oklahoma Statutes and Section 205.1 of Title 68 of the Oklahoma Statutes permits the Commission to release specified information to municipalities. The Municipality acknowledges that Section 205 of Title 68 of the Oklahoma Statutes may prevent the disclosure by the Municipality and persons associated with the Municipality of information which is provided by the Commission to the Municipality and that improper disclosure by the Municipality or any such person of such Information may result in civil and criminal liability. The Municipality shall comply with the restrictions imposed by Section 205, 15. The Commission has the authority to enter into an installment or other payment agreement with any taxpayer, including a taxpayer prosecuted under a municipal sales or use tax ordinance, for state and local taxes owed by the taxpayer. Commission will, through its use of a pay plan in order to keep a delinquent business open, collect the liability as quickly as possible by requiring a significant down payment and completion of the pay plan in as short a period as possible. The Municipality shall be entitled to consult with the Commission's legal staff about an installment or other payment agreement prior to negotiation of such an agreement. The installment or other payment agreement shall be void if the taxpayer becomes delinquent in future tax liability or payment under the agreement becomes delinquent. The Commission shall furnish a list of all sales and use taxpayers which have entered into agreements with the Commission on a monthly basis along with the terms, conditions and status of each such installment or payment agreement. 16. In the event of termination of this Agreement, the Commission will cause to be paid over to the Municipality, all municipal sales and use tax funds in its possession then due and payable under this Agreement. The Municipality shall thereafter be liable for and shall pay any refunds of municipal sales or use tax required by law to be made, including refunds of municipal sales or use tax, penalty and interest paid under protest that must be refunded and any interest required thereon. After such termination, the Commission's liability shall extend only to the amount of such funds being held by it. The Municipality agrees to pay any interest M required by law to be paid on such refunds 17. The Commission shall have the authority to assess and to collect, on behalf of the Municipality, the municipal sales and use taxes levied by the Ordinances, and the interest and the penalties with respect thereto, including, without limitation, any municipal sales or use tax, interest and /or penalty existing on the date hereof except as provide in paragraph 18 below. The Municipality agrees to refrain from contacting directly persons or entities doing business within the boundary of the Municipality subject to the requirements of paragraph 19. Municipality does have the inherent authority to contact vendors within and without the municipality concerning the vendor's alleged violation of municipal ordinances prior to the initiation of criminal prosecution. The Municipality may inquire of the Commission into the compliance of persons and entities with the Ordinances and, to the extent that the Municipality determines that any person or any entity has not complied with the Ordinances, the Municipality may request the Commission to issue a proposed assessment against such person or such entity. To the extent that the Commission receives any such request, the Commission shall review such request within 45 days. If, after said review, Commission believes that -such request presents a basis for a proposed assessment, Commission shall issue a proposed assessment. Any such proposed assessment shall be resolved as provided in Sections 201 et seq. of Title 68 and the procedural rules promulgated by the Commission. The Municipality may, at the option of the Municipality, request the Commission to initiate a show cause proceeding against a person or an entity which the Municipality believes, in good faith, not to be in compliance with the Ordinances or any provision thereof. To the extent that the Commission receives any such request, the Commission shall review such request within 45 days. If after said review, Commission believes that such request presents a basis for a show cause proceeding, Commission shall initiate a show cause proceeding. Such show cause proceeding shall be conducted as provided in the procedural rules promulgated by the Commission. The Commission and the Municipality acknowledge the mutual interest of the Commission and the Municipality in maximizing compliance with the Ordinances and the collection of local taxes thereunder. The Municipality may, at any time and from time to time, either alone or in conjunction with other municipalities, submit a written proposal for collection and enforcement activities for consideration by the Commission; provided, however, it is expressly understood that any such written proposal must provide for coordination with the collection and enforcement activities of the Commission, provide for the use of the then applicable audit standards of the Commission and otherwise be in form and in substance to the Commission. In the event that Municipality's proposal is accepted by Commission, Municipality will be authorized to conduct the activities included in such proposal on behalf of Commission and no other action will be authorized by the Commission by a municipality or municipalities not included in the accepted proposal. Provided further that upon the request of the municipality, either alone or in conjunction with other municipalities, the Commission shall enter into contractual agreements with the municipality or group of municipalities whereby the municipality or group of municipalities are authorized to implement or augment the Commission's enforcement through a contract with a private auditor(s) or audit firm(s) of the municipal tax. The auditors) or audit firm(s) shall first be approved by the Commission and once approved shall be appointed as an agent of the Oklahoma Tax Commission for purposes of the audit. Contracts with a private auditor or audit firm are not subject to the limitations of Section 262 of title 68 of the Oklahoma Statutes, and the parties, the municipality, private auditor or audit firm and the Commission, are authorized to exchange necessary information to effectively perform the contracted audit. The municipality, its officers and employees and the private auditors or audit firms may receive all information necessary to perform the audit and shall preserve the confidentiality of such information as required by Section 205, title 68, of the Oklahoma Statutes, including the penalties set out therein. The Commission shall be furnished the audit results and all relevant supporting documentation. The municipalities shall pay for the private auditor(s) or audit firm(s) by deduction from the tax assessment resulting from said audit unless another method of payment is set out in the contract with the private auditor or audit firm. Any municipal sales and use tax funds recovered as a result of the use by the municipality of a private auditor or audit firm shall not be subject to the retention calculated by the Commission as provided in Paragraph 5 of this agreement, in addition the Commission shall pay to the municipality any retainage that the Commission shall be entitled to for collection of county sales and use tax and shall pay to the municipality the state's pro rata share of the expenses of the auditor. Provided further, the Commission shall have no obligation to any municipality that does not participate in an audit conducted under subsection D of Section 2702 of Title 68 of the Oklahoma Statutes or an audit conducted pursuant to this section. Notice of a proposed independent audit shall be provided to the municipality and the municipality shall within 30 days provide acceptance or rejection of participation in the audit. Failure to act within the 30 day time period shall mean that the municipality shall not be included in the audit. Failure to act with respect to a particular independent audit within the 30 day time period shall relieve the Commission of its obligation to audit on behalf of the municipality with respect to that particular audit. 18. The Commission acknowledges the need for municipalities to have input into rulings made by the Commission regarding requests for waivers of penalties and interest assessed on municipal sales and use taxes. Therefore, the Commission agrees to provide municipalities with the opportunity to make recommendations regarding such waiver requests. Such notification shall not include waiver requests received by the Commission through its Voluntary Disclosure Agreement Program. The Account Maintenance Division or the General Counsel's Office of the Commission will notify municipalities at least two weeks prior to submission of a waiver request to the Commission. The notification will apply to all waiver requests for penalties and interest that was assessed on state and local sales and use taxes in excess of Two Thousand Dollars ($2,000,00). Any recommendation made by the municipality will be presented to the Commission at the time of consideration of the request. If the municipality fails to make a recommendation in the time allotted, the Division will present the request to the Commission without a municipal recommendation, The Division will notify the municipality of the Commission decision. 19. A City /town may commence compliance activities under the following conditions: A. The following words and terms, when used in this Agreement, shall have the following meaning, unless the context clearly indicates otherwise: 1. "Agent" means an employee of the Municipality or person or entity acting under contract with the Municipality and certified by the Commission as an agent for the purpose of compliance activities as set out in this agreement except for municipal criminal prosecution. 2. "Compliance activities" means all actions to assist or induce a delinquent seller to comply with applicable laws, rules and regulations, to accurately and timely collect, source, report and remit sales and use taxes within the municipality's jurisdiction and shall include: a. The identification of and reporting to the Tax Commission any unregistered sellers making sales sourced to the municipality under the laws of this state. "Unregistered seller' shall mean any delinquent seller which has failed to apply for a sales or use tax permit with the Tax Commission. Provided, the term shall not include any out -of -state seller that does not have a legal requirement to register with the state; b. The prosecution of any criminal violations of a municipal ordinance related to the payment of sales or use taxes. "Prosecution" shall mean the initiation of legal proceedings by the filing of a complaint in a municipal criminal court of record pursuant to Section 28 -113 of Title 11 or by the filing of a complaint in a municipal court not of record pursuant to the provisions of Section 27 -115 of Title 11; and c. Any additional compliance activities that may be performed by the agent of the municipality on accounts of delinquent sellers that were assigned to the agent at the request of the municipality that do not result in a duplication of compliance activities. Compliance activities shall not include the following activities, over which the Tax Commission shall have sole authority: a. Registering new taxpayer accounts, b. Issuing and administering taxpayer permits, c. Receiving returns, d. Receiving remittances of sales and use taxes, e. Issuing assessments, f. Conducting hearings under Section 212 of Title 68, g. Developing pay plans in consultation with the municipality as provided in the Agreement for Administration of the Sales and Use Tax Ordinances, h. Revoking permits, I. Taking legal action to close a business, j. Issuing refunds and credits, k. Managing audits, and 1. Determination of taxability of sales transactions. 3. "Delinquent seller" means any person making sales of tangible personal property or services in this state, the gross receipts or gross proceeds from which are taxed by law and fails to obtain a permit, file a sales tax return as required by law, or is delinquent in whole or in part in the collection and remittance of sales or use taxes. 4. "Enhanced collections" means any remittance of past due or unpaid state sales or use taxes, including penalty and interest, obtained from a delinquent seller that was not registered, underreported, failed to report or remit, failed to comply with a payment plan, or arising from liens filed by the Tax Commission following documented compliance activity of a municipality or person or entity acting under contract with such municipality. B. Municipality elects to engage in the compliance activities designated by notice to the Commission; provided that Municipality may change its designation upon timely notice. C. This Agreement shall include appointment of persons or entities approved by the Commission conducting compliance activities on behalf of Municipality as agents of the Commission. No appointment shall be necessary or required for Municipality to engage in prosecution of any criminal violations of its ordinance related to the payment of sales or use taxes. All persons, including municipal employees and employees of entities acting under contract with a municipality, that will be performing compliance activities for Municipality must meet minimum qualifications provided herein and undergo training provided by the Tax Commission. The minimum qualifications shall consist of a bachelor's degree; or an equivalent combination of education and experience, substituting one year of experience in business management, tax revenue, credit collections, or investigative work for each year of the required degree. Provided, the minimum qualifications provided herein shall not apply to employees of municipalities seeking appointment as an agent if the municipality has a population less than 25,000. Contracts with a private auditor or audit firm are not subject to the limitations of Section 262 of title 68 of the Oklahoma Statutes, and the parties, the municipality, private auditor or audit firm and the Commission, are authorized to exchange necessary information to effectively perform the contracted audit. The municipality, its officers and employees and the private auditors or audit firms may receive all information necessary to perform the audit and shall preserve the confidentiality of such information as required by Section 205, title 68, of the Oklahoma Statutes, including the penalties set out therein. With the execution of this Agreement, Municipality shall provide the names of all persons, including employees of Municipality, who will be performing compliance activities on behalf of Municipality. The Commission shall issue letters of appointment for all persons who meet or are exempt from the minimum requirements. Municipality agrees to notify the Commission when additional persons are added by Municipality to conduct compliance activities on behalf of Municipality, Municipality further agrees to immediately notify the Commission of the termination of employment or cancellation of contract of any person appointed as an agent for the purposes of conducting compliance activities. D. The Commission shall provide to Municipality and agents appointed by the Commission to perform compliance activities all information necessary to perform compliance activities. Municipality and agent shall preserve the confidentiality of the information as required by Section 205 of Title 68 of the Oklahoma Statutes. Failure to comply with the statutory confidentiality requirements shall result in immediate 10 withdrawal of appointment of any person to perform compliance activities and may result in civil and criminal liability. Nothing herein shall limit Municipality's use of information provided by the Commission in prosecution of violations of Municipality's tax ordinances. E. As provided in Section 2702(E)(3) of Title 68, the Tax Commission shall reimburse a municipality performing any of the compliance activities defined above as follows: 1. The Tax Commission shall pay to the municipality an amount equal to three - fourths of one percent (% of 1 %) of enhanced collections from any unregistered seller identified and reported to the Commission by a municipality for any sales made during the period the seller was unregistered with the Tax Commission; 2. The Tax Commission shall not retain any fee and refund any fee retained from the collection of city sales and use taxes remitted as a result of the prosecution of any criminal violations of a municipal ordinance; and 3. The Tax Commission shall pay to the municipality an amount equal to three - fourths of one percent (% of 1 %) of enhanced collections from any delinquent seller as a result of other compliance activities documented by the municipality or person acting under contract with such municipality. To receive compensation, Municipality shall provide documentation of compliance activities which generated the enhanced collections. Documentation shall consist of reports, on forms prescribed by the Commission, listing the name of the delinquent seller, date of compliance activity, type of activity, and such other information as may be necessary to identify the delinquent seller, compliance activity, or enhanced collections. The Commission shall provide reimbursements on a monthly basis and provide a monthly report to Municipality indicating, at a minimum, the name of the delinquent seller, amount of enhanced collections, and date of remittance by the delinquent seller in the previous month. The Commission shall use its best efforts to cause reimbursements as a separate distribution to be paid to Municipality no later than the tenth day of each calendar month following the month of receipt of the report of enhanced collections filed with the Commission. 20. It is recognized and acknowledged that the Municipal Ordinances include criminal sanctions for violation of the Ordinances. Notwithstanding anything else contained herein, the Municipality shall have the exclusive authority to prosecute any criminal violations of the Ordinances and the Commission shall refrain from taking any such action. Nothing contained herein shall prevent the State of Oklahoma from prosecuting persons for crimes under state law, including, without limitation, embezzlement by a vendor of a municipal sales tax. 21. To the extent that the Municipality decides to prosecute criminally any action under this Agreement, the Commission and the Municipality shall cooperate, in good faith, to 11 maximize collections under the Ordinances and to minimize duplicative effort by the Commission and the Municipality. 22. Where the municipality takes the action recognized by paragraph 20 of this Agreement for prosecution to enforce its sales or use tax ordinance, all taxes shall be paid by the taxpayer directly to the Commission. Any resulting payment of municipal tax shall not be subject to the retention calculated by the Commission for the collection of city sales and use taxes as provided in Paragraph 5 of this agreement, subject to the implementation plan established in paragraph 213 of this agreement. 23. The Municipality agrees that, if there is a challenge to the constitutionality or the legality of the Ordinances or any provision thereof (other than a challenge based on the application by the Commission of the Ordinances or any provision thereof), the Municipality shall be responsible for the resolution of such challenge. If such a challenge is based on the application by the Commission of the Ordinances or any provision thereof, the Commission shall be responsible for the resolution of such challenge. The party responsible for the resolution of any challenge shall make all decisions with respect to the prosecution and the settlement of any litigation with respect to such challenge and the other party shall cooperate with the responsible party with respect to the resolution of such challenge. The Commission shall provide notice to the Municipality of any challenge. Notice will be provided within seven (7) business of the receipt of the challenge and the municipality shall be allowed to participate in any decision. 24. The change in the boundary of Municipality shall be effective for sales tax purposes only, on the first day of a calendar quarter following the enlargement of the municipal city limits. If a municipality should de -annex a territory the sales tax from business or firms located in the de- annexed area shall cease on the effective date of the de- annexation ordinance. Municipality shall give the Commission notice in writing of any annexation or de- annexation of territory to the municipality at least as required by Title 68 Oklahoma Statutes Section 2701. The notice shall include a verified copy of the boundaries of the newly annexed or de- annexed territory. In addition all Municipality limit lines shall be shown in map form, and certified to the Commission by the municipal clerk. 25. Neither Municipality nor Commission has entered into this Agreement with the intention of violating state law or the provisions of the Streamlined Sales Tax Agreement. If it is determined by either party that any provision violates either state law or the Streamlined Sales Tax Agreement, such provision of the Agreement shall be null and void. The remaining provision of the Agreement shall be in effect until the expiration or termination of the Agreement. 26. If a dispute arises from the application of paragraph nineteen (19) of this Agreement, and if the dispute cannot be settled through negotiation, the Commission and Municipality agree first to try in good faith to settle the dispute by mediation. Either party may request mediation before the Director of the Office of Management and Enterprise Services in the manner the Director deems appropriate. 27. This Agreement shall be in effect from Jan. S , 2� until v,\e 3v , 2016 ? , and shall renew without action of the parties for additional terms of one (1) year provided that the current rate has not been changed and neither party has given written notice to the other party of its intent to terminate this Agreement prior to the expiration of the then current term. Either party may terminate this contract for any reason upon thirty (30) days written notice of its intent to terminate to the other party. 12 IN WITNESS WHEREOF, the parties have set their hands and affixed their official seals the day and year first above written, THE MUNICIPALITY OF waSSo nv,- A Municipal Corpora ion mayor ATTEST: (CITY SEAL) Municipal Clerk ATTEST: (STATE SEAL) Assistant Secretary — OTC APPROVED BY THE CITY OF 1:37 City Attorney OKLAHOMA TAX COMMISSION Dawn Cash, Vice Chairman LEGAL DEPARTMENT DATE 13 EXHIBIT A Retention Fee = 0.5% 14 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 12/12/15 Department Payroll Expenses Total Expenses Municipal Court 5,479.59 8,193.07 Managerial 21,266.72 29,856.43 Finance 15,551.82 23,590.38 Human Resources 8,448.75 13,830.25 Community Development 15,653.48 24,85231 Engineering 16,145.04 24,371.14 Information Systems 13,497.79 20,656.65 Support Services 6,793.07 9,885.69 Cemetery 1,163.60 1,773.98 Police Grant Overtime 2,965.81 3,005.41 Central Dispatch 18,931.63 31,893.46 Animal Control 3,422.75 5,163.65 Emergency Preparedness 1,757.93 2,494.55 Stormwater /ROW Maint. 4,440.78 6,108.72 Park Maintenance 6,035.60 9,501.05 Culture /Recreation 4.955.88 8,125.49 Community- Senior Center 4,170.79 6,732.22 Historical Museum 654.40 734.75 Economic Development 3,367.09 4,405.50 General Fund Total 154,702.52 235,175.10 Garage Fund Total 4,687.60 7,691.39 Ambulance Fund Total 365.00 409.82 Fire Fund 37 Total 145,207.81 224,553.06 Police Fund 38 Total 136,416.65 210,754.34 Streets Fund 39 Total 8,730.57 15,691.09 Stormwater Fund 27 Total Worker's Compensation Total 2,820.67 3,349.39 Strong Neighborhoods Total 3,617.54 5,324.13 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 12/29/15 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE ADMIN FEES STOP LOSS FEES HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE DENTAL DEPT TOTAL VSP VISION MEDICAL SERVICES ADMIN FEES VISION DEPT TOTAL HEALTHCARE SELF INSURANCE FUND TOTAL AMOUNT 47,060.34 35,674.48 27,046.12 28,738.61 28,897.55 13,079.12 47,301.48 227,797.70 4,252.46 4,327.40 4,252.46 6,016.40 18,848.72 2,034.77 1,052.78 3,087.55 249,733.97