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Home My WebLink About2007.05.08_City Council Agenda_SpecialPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: DATE: TIME: PLACE: Special May 8, 2007 6:00 p.m. Old Central Building 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 5:00 PM on Friday, May 4, 2007. i 1 ann Stevens, Deputy Cit Jerk AGENDA 1. Call to Order Mayor Stephen Cataudella 2. Discussion relating to Administrative Items Mr. Rooney Attachment #2 A. Appointments to Various Boards and Commissions 3. Discussion relating to Community Development Department Items Mr. Rooney Attachment #3 A. Easement Closure Request (1) B. Rezoning Request (1) C. Proposed Ordinances to correct previous legal description errors 4. Discussion relating to Public Works Department Items Mr. Rooney Attachment #4 A. Review of bids received for the purchase of a Portable Sewage Pump B. Proposed Supplemental Appropriation relating to costs associated with the winter storm events (The staff memorandum will be provided at the work session meeting) Owasso City Council May 8, 2007 Page 2 5. Discussion relating to Parks Department Items Mr. Rooney Attachment #5 A. Review of bids received for the Splash Pad Project 6. Discussion relating to IT Department Items Mr. Rooney Attachment 46 A. Review of bids received for the installation of fiber optic cable from City Hall to Public Works 7. Discussion relating to City Manager Items Mr. Ray Attachment 47 A. Proposed revisions to the City of Owasso Employment Drug Policy B. Proposed employment contract between the City and the Fraternal Police C. Proposed revisions to the Purchasing Ordinance D. FY 2007 -2008 Budget Presentation E. City Manager Report 8. Adjournment S:Wgendas \Council Work Session\2007\0508.doc Order of MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL FROM: JULIANN STEVENS ADMINISTRATIVE ASSISTANT SUBJECT: APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS DATE: May 8, 2007 BACKGROUND: Pursuant to authority contained in Article 2, Section 2 -4, subsection (e) of the Charter of the City of Owasso, the City Council has established rules and procedures that provide, generally, for the Mayor to appoint members to various boards, commissions, trusts, and committees; such appointments subject to confirmation by the City Council. A memorandum was included in the April 10, 2007 worksession agenda packet outlining appointments to various Boards and Committees set to expire June 30, 2007. In order to continue citizen participation and city staff involvement on these committees, discussion regarding the reappointment of current members and/or the appointment of new members is needed. It should be noted, that the April 10, 2007 memorandum failed to list a vacancy on the Sales Tax Watchdog committee. The Sales Tax Watchdog Committee was originally formed as part of the 1988 Sales Tax Extension for the purpose of monitoring the use of the designated third penny of local sales tax. Ordinance No. 763 and 766, approved by the Council in 2004, assured the continuation of the Watchdog Committee and the oversight responsibility given to its members. Members are appointed indefinitely or until resignation or events cause termination as defined by the committee policy. Members to this committee may not serve in any other elective or appointed position within the City of Owasso. The Watchdog vacancy was created as a result of one of its members being appointed to the Audit Committee. The term of office for the following appointments will expire as of June 30, 2007: • ANNEXATION COMMITTEE (One Year Term) Mayor Steve Cataudella Councilor Brent Colgan Kevin Vanover (Planning Commission term also expires) Dan Draper (Planning Commission) Tammy Laakso (Citizen) Bradd Clark, Fire Dan Yancey, Police Tim Rooney, Assistant City Manager May 8, 2007 Appointments to Various Boards and Committees Page 2 of 3 Eric Wiles, Community Development Rickey Hayes, Economic Development Ana Stagg, Public Works Julie Lombardi, City Attorney • AUDIT COMMITTEE Dennis Phillips (Three Year Term) Councilor Susan Kimball (One Year Term) • BOARD OF ADJUSTMENT (Three Year Term) Ken Foster David Hall • CAPITAL IMPROVEMENTS COMMITTEE (One Year Term) Wayne Guevara (City Council) Brent Colgan (City Council) Duane Coppick (Planning Commission term also expires) Tom Kimball (OEDA Representative) Frank Enzbrenner (Banking Representative) Trish Hauser (Chamber Representative) Mike Ames (Citizen) Jim Hunter (Citizen) Bryan Stovall (Citizen) Rob Haskins (Citizen) Sherry Bishop, Finance Bradd Clark, Fire Eric Wiles, Community Development Tim Rooney, Assistant City Manager Rodney Ray, City Manager Rickey Hayes, Economic Development Ana Stagg, Public Works Dan Yancey, Police • INCOG LEGISLATIVE CONSORTIUM (One Year Term) Julie Lombardi Rodney Ray (Alternate) • INCOG ENVIRONMENTAL POLICY COMMITTEE (One Year Term) Ana Stagg • OWASSO ECONOMIC DEVELOPMENT AUTHORITY Ray Thomas (Five Year Term) Gary Akin (Chamber Representative, One Year Term) Mayor Steve Cataudella (Council Representative, One Year Term) May 8, 2007 Appointments to Various Boards and Committees Page 3 of 3 • PERSONNEL BOARD (Three Year Term) Mary Ann Alexander • PLANNING COMMISSION (Three Year Term) Duane Coppick Kevin Vanover • REGIONAL METROPOLITAN UTILITY AUTHORITY (One Year Term) Sherry Bishop Ana Stagg • SALES TAX WATCHDOG COMMITTEE (Indefinite Term) Guy Nightingale — Member at Large Position • TRANSPORTATION POLICY COMMITTEE (One Year Term) Councilor Susan Kimball Ana Stagg (Alternate) • TRANSPORTATION TECHINCAL COMMITTEE (One Year Term) Ana Stagg Joe Nurre (Alternate) Attached for your review are the Talent Bank applications (in alphabetical order) received to date from individuals who have expressed an interest in serving on Owasso Boards and Commissions. Further discussion regarding these appointments remains with the Council. It should be noted, that staff anticipates placing this item on the June 12, 2007 worksession agendas to allow for further discussion. ATTACHMENTS: 1. Brief Outline of the Sales Tax Watchdog Committee OWASSO SALES TAX WATCHDOG COMMITTEE FACT SHEET WHO: This committee is comprised of citizens representing news media, retail business, service business, building industry, education, recreation, senior citizen, financial, as well as four members at large. Members are appointed for the life of the sales tax or until resignation or events cause termination as defined in the committee policy. WHAT- This committee was initially formed in 1988 and was reorganized following the 2003 sales tax extension bond election for the purpose of maintaining a strong citizen participation effort throughout the life of the sales tax extension and to insure the proper use of revenues generated from the tax. WHEN: Meets the fourth Monday of January and July. WHERE: Meetings are conducted at Old otherwise noted) LENGTH OF MEETING: Central, 109 N. Birch. (unless Meetings typically last less than 2 hours. STAFF SUPPORT: Finance Director MEMORANDUM TO: PLANNING COMMISSION CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: EASEMENT CLOSURE (Hampton Inn) DATE: April 27, 2007 BACKGROUND: The City of Owasso has received a request to review and approve the closure of 64' of an 11' Utility Easement that lies along the common lot lines between Lot 2 and Lot 3, Block 2, Smith Farm Marketplace. EXISTING LAND USE: Developing as Hampton Inn SURROUNDING LAND USE: North: Smith Farm Marketplace South: Undeveloped East: Smith Farm Marketplace West: Smith Farm Marketplace EASEMENT CLOSURE REVIEW PROCESS The Easement Closure review process is initiated when a property owner submits a letter requesting approval from the City of Owasso vacate an easement. The letter is accompanied by the correct fee, survey drawings and letters from all easement grantees approving the request. Upon receipt of a complete application city staff will begin reviewing the proposal for compliance with the Owasso Zoning Code, Subdivision Regulations and Engineering specifications. The proposed easement closure will then be presented to the Owasso Technical Advisory Committee (TAC) for review and recommendation. At that meeting utility providers and city staff are afforded the opportunity to comment on the technical aspects of the request. The TAC will forward a recommendation to the Planning Commission. The Owasso Planning Commission will hold a public hearing to determine if the application is compliant with the Owasso Zoning Code, Subdivision Regulations, and Engineering criteria. The Planning Commission will forward a recommendation to the City Council. The Owasso City Council will then determine if the request meets city specifications and approve or deny the request. No vacation of a plat or any parts thereof, except by action of the District Court, shall be valid or impart notice until after the required consent of such platted area is presented to the City Council and the approval of the Council is entered thereon. All vacations or alterations of a final approved filed plat shall require the approval of the Planning Commission and City Council and the filing of a corrected plat, approved deed or accepted easement. Alterations of a plat without approval shall constitute a violation of these Regulations. ANALYSIS: The applicant is requesting this review in order to take appropriate action relating to matters allowing for the closure of 64' of an 11' Utility Easement that lies along the common lot lines between Lot 2 and Lot 3, Block 2, Smith Farm Marketplace. As shown on the site plan of the Hampton Inn, a small portion of an unoccupied utility easement must be vacated in order to construct the pool house of the hotel. The matter was discussed in length during the review of the site plan by the applicant, city staff, and the utility providers. In that meeting it was discovered that the utility easement was unoccupied and could therefore be vacated. Other than being built over an easement the site meets all Owasso Zoning Code and Subdivision Regulations including side setbacks. The applicant has cleared the requested easement closure with all applicable utility providers. The utility providers were given the opportunity to assess the necessity of the existing utility easement as it relates to present and future service levels. Those providers include Oklahoma National Gas, Southwestern Bell, AEP, City of Owasso, and Cox Communications. It is the consensus of the utility providers that the closure of this utility easement would not cause a disruption in their present ability to provide services to the area. PLANNING COMMISSION The Owasso Planning Commission will consider the application at a public hearing on May 7, 2007. RECOMMENDATION Staff intends to recommend approval of the easement closure. ATTACHMENTS: 1. General Area Map 2. Easement Detail 3. Site Plan SMITH _f MS Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com Easement Closure Hampton Inn & Suites AA March 15, 2007 Mr. Chip McCulley, City Planner City of Owasso P.O. Box 180 Owasso, OK 74055 RE: Easement Vacation — Hampton Inn Smith Farm Market Place Dear Mr. McCulley: SACKAND ASSOCIA TES, INC. • ENGINEERING • SURVEYING • PLANNING • 111 South Elgin Avenue, Tulsa, OK 74120 -1816 P.O. Box 50070, Tulsa, OK 74150 -0070 Phone: 918.592.4111 Fax: 918.592.4229 E -mail: sai @sackandassociates.com By this letter we request approval from the City of Owasso to vacate a portion of the utility easement that lies along the common lot lines between Lot 2 and Lot 3, Block 2, Smith:. Farm Marketplace as described on the attached Exhibit A. The purpose is to allow construction of a building in the area to be vacated as shown on the attached site plan. New easements will be dedicated by a separate instrument to accommodate ' the water lines and fire hydrants indicated on the same site plan. Thank you for your consideration. Sincerely, SACK AND ASSOCIATES, INC. Jim Beach Planning Project Manager Enclosures JGB.me F289C (48) 2114.20 An equal opportunity employer LEGAL DESCRIPTION (EASEMENT VACATION) AN 11.00' WIDE STRIP OF LAND THAT IS PART OF AN EXISTING 11.00' UTILITY EASEMENT IN LOT 3 IN BLOCK 2 OF "SMITH FARM MARKETPLACE ", AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: STARTING AT THE SOUTHWEST CORNER OF SAID LOT 3; THENCE N 00 004102" W ALONG THE WESTERLY LINE OF LOT 3 FOR 17.50' TO THE "POINT OF BEGINNING" OF SAID STRIP OF LAND; THENCE CONTINUING N 00 004102" W ALONG SAID WESTERLY LINE FOR 63.45'; THENCE DUE EAST FOR 11.00' TO A POINT ON THE EASTERLY LINE OF SAID EXISTING UTILITY EASEMENT; THENCE S 00 °04'02" E ALONG SAID EASTERLY LINE FOR 63.44' TO A POINT ON THE NORTHERLY LINE OF AN EXISTING 17.50' UTILITY EASEMENT; THENCE S 89 057156" W ALONG SAID NORTHERLY LINE FOR 11.00' TO THE "POINT OF BEGINNING" OF SAID STRIP OF LAND. THE ABOVE DESCRIBED STRIP OF LAND CONTAINS 698 SQUARE 0.0160 ACRES. THE ABOVE LEGAL DESCRIPTION WAS PREPARED BY RONNIE LEE MARTIN, OKLAHOMA PROFESSIONAL LAND SURVEYOR NO. 1203, ON MARCH 19, 2007. F289C (20) 3 /20 /07:KCsky 2114.20 Hampton Inn & Suites -Esmt Vacation ET OR DATE SIGNED: 0 J C J O N N Q c C 6 Y U O N 1- O O ry 1 6 6 t 6T a 0 v PROPOSED 1 STORY BUILDING - et��_ i b Z zw w co Q w I DUE _E 11.01 r///, 0 c w 'c Z o 0 U r7 o N Y ui U DI CO p 0 U M > °o 0- w O Z on w a_ LLj CL a LLJ LIBERTY LMINGO VALLEY SHOPPING CENI BANKING CENTER Location Mao =c__ 1.00' S89'57'56' W \-EXISTING 17.5' EASEMENT I� SOUTHWEST CORNER OF LOT 3, BLOCK 2, "SMITH FARM MARKETPLACE" EXHIBIT`A' EASEMENT VACATION 0 20 40 MMEM SCALE IN FEET Aw SACKAND ASSOC /A TES, INC Santa Fe Depot, 111 South Elgin Avenue, Tulsa, Oklahoma 741 20 -181 6 Ph: 918.592.4111 Fox:918.592.4229 E —mail: soi®sockandassociates.com CA Number 1783 (PE /LS) and 1462 (LA), Exp. June 30, 2007 Project: SMITH FARM MARKET PLACE Drawing: EXHBTOIA XREFs: COPYRITE 5 -811X Drawn: GHJ Order: F289C File: 2114.20 Drawer: C Plotted: 21 MAR 2007 R -14 -E °` RCB CENT As ER EAST 96TH ST YET NORTH OAK TREE Tp BUSINESS O NOT PLATTED PARK SMITH FARM �� ?A. III c..E Rd T W qa Z E5 ADDITIOON F9 ✓ pl,� ��. 4p PGf' CiA1LP Z; W bi Q 4 NOT PLATTED �m En 3F s W ~ NOT PLATTED W T Z NOT Y 20 THREE CENTRAL PARK 21 �a PLATTED LAKES III F N ON V I- CENTRAL PARK II It 0 THREE LACERIDGE FIRST ADDITION Z WAL M ART LAKES II OVASKO rOOO SCHOOL O Z ARK r OuRiAH NP RAM NP PLAZA NORTH EASTI 86TH STREET LIBERTY LMINGO VALLEY SHOPPING CENI BANKING CENTER Location Mao =c__ 1.00' S89'57'56' W \-EXISTING 17.5' EASEMENT I� SOUTHWEST CORNER OF LOT 3, BLOCK 2, "SMITH FARM MARKETPLACE" EXHIBIT`A' EASEMENT VACATION 0 20 40 MMEM SCALE IN FEET Aw SACKAND ASSOC /A TES, INC Santa Fe Depot, 111 South Elgin Avenue, Tulsa, Oklahoma 741 20 -181 6 Ph: 918.592.4111 Fox:918.592.4229 E —mail: soi®sockandassociates.com CA Number 1783 (PE /LS) and 1462 (LA), Exp. June 30, 2007 Project: SMITH FARM MARKET PLACE Drawing: EXHBTOIA XREFs: COPYRITE 5 -811X Drawn: GHJ Order: F289C File: 2114.20 Drawer: C Plotted: 21 MAR 2007 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: OZ 07 -03 DATE: May 3, 2007 BACKGROUND The City of Owasso has received a request to review and approve the rezoning of approximately 16.47 acres, from AG (Agriculture) to CS (Commercial Shopping), located at the southwest corner of East 9e Street North and North 121'` East Avenue. A general area map has been attached for your review. EXISTING LAND USE Oklahoma Natural Gas SURROUNDING _LAND USE North: Owasso Market South: Smith Farm Marketplace East: RCB Center West: Undeveloped PRESENT ZONING AG (Agriculture) DEVELOPMENT PROCESS: The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the City limits is made a part of the City. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police and fire protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. Specific development concerns, such as drainage, traffic, water /wastewater services, and stormwater detention are not able to be considered at the zoning stage of the development process. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are typically submitted. These plans include specifications and drawings for stormwater drainage, streets and grading and erosion control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that may be development sensitive. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right -of -way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. ANALYSIS The applicant is requesting to rezone approximately 16.47 acres, from AG (Agriculture) to CS (Commercial Shopping), located at the southwest corner of East 96th Street North and North 121" East Avenue. This application is in conjunction with a preliminary plat application for Smith Farm III proposing 4 commercial lots on the 16.47 acres. Currently the site is occupied by Oklahoma Natural Gas. If approved, the Oklahoma Natural Gas will be relocating to the Cherokee Industrial Park to make way for the proposed development. The request is consistent with the Owasso Land Use Master Plan as it calls for commercial development of the 5 acre tract. Letters were mailed to surrounding property owners and the legal advertisement was published in the Owasso Reporter. PLANNING COMMISSION The Owasso Planning Commission will consider the application at a public hearing on May 7, 2007. RECOMMENDATION Staff intends to recommend approval of OZ 07-03. ATTACHMENTS: 1. General Area Map F &M BANK WAL -MART E. 96th ST. N Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com OZ 07 -03 NONE- MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: NUNC PRO TUNC ORDINANCES 818 AND 830 DATE: April 30, 2007 BACKGROUND: As part of an inventory of development ordinances over the past few years, the staff has double - checked legal descriptions for annexations, easement closures, rezonings, and PUDs that have been approved since 2002. In all 131 ordinances were examined, and two legal descriptions were found that are incorrect. One of these legal descriptions is for ordinance No. 818, approving a Planned Unit Development (PUD) for a residential development southeast of Crown Colony (the case map is attached with this memorandum). The other legal description is for ordinance No. 830, approving a rezoning for 40 acres at the northeast corner of East 106' Street North and North 129` East Avenue (this case map is also attached). In order to correct these ordinances, the staff has prepared revised legal descriptions for each of them and has included these descriptions within new corrective ordinances called nunc pro tunc - literally, " now for then ". In order for the changes to be effective, the nunc pro tunc ordinances must be approved, thereby replacing the previous ordinances that had erroneous legal descriptions. RECOMMENDATION: The staff intends to recommend approval of Ordinance No. 818 Nunc Pro Tunc and Ordinance No. 830 Nunc Pro Tunc. ATTACHMENTS: 1. Ordinance No. 818 Nunc Pro Tunc 2. Case Map for Ordinance No. 818 3. Ordinance No. 830 Nunc Pro Tunc 4. Case Map for Ordinance 830 CITY OF OWASSO ORDINANCE NO. 818 Nune Pro Tune AN ORDINANCE APPROVING PLANNED UNIT DEVELOPMENT APPLICATION NO. OPUD -05- 02, PROVIDING GUIDELINES FOR RESIDENTIAL DEVELOPMENT ON A TRACT OF LAND CONTAINING APPROXIMATELY 166.28 ACRES, LOCATED IN SECTION 33, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B. &M., TULSA COUNTY, OKLAHOMA. WHEREAS, on July 5, 2005 Ordinance number 818 was passed approving OPUD- 05 -02, a Planned Unit Development. The legal description on said ordinance was erroneous. The correct legal description for Ordinance 818 is as follows: BEGINNING AT THE NORTHWEST CORNER OF SECTION 33, TOWNSHIP 21 NORTH, RANGE 14 EAST, THENCE 2150 FEET EAST TO THE NORTHEAST CORNER OF COROWN COLONY SUBDIVISION, THE POINT OF BEGINNING. THENCE N90 °00'00 "E 1149 FEET, THENCE S00 °00'00 "E 1319 FEET, THENCE N90 °00'00 "E 1323 FEET, THENCE S00 °00'00 "E 1319 FEET, THENCE N90 000'00 "W 661 FEET, THENCE S00 °00'00 "E 659 FEET, THENCE N90 000'00 "W 2647 FEET, THENCE N90 001'03 "E 2254 FEET TO THE SOUTHWEST CORNER OF THE CROWN COLONY SUBDIVISION, THENCE N54 000'00 "E 165.46 FEET TO A RADIUS 50.47 FEET, WITH START ANGLE 230 031'50 ", END ANGLE 21D28'10" WITH A LENGTH OF 132.88 FEET, THENCE N54 000'00 "E 487.26 FEET, THENCE N36 052'32 "E 51.17 FEET, THENCE N32 °00'00 "E 376.71 FEET, THENCE N00 °00'22 "W 242.52 FEET TO THE POINT OF BEGINNING. WHEREAS, public hearings have been held regarding the request for approval of a Planned Unit Development concerning the property herein described, and, WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for and against the requested approval of OPUD- 05 -01. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA; Section 1. That the zoning map of the City of Owasso, Oklahoma be amended to reflect the supplemental designation of PUD (Planned Unit Development) on the following described property, to wit: BEGINNING AT THE NORTHWEST CORNER OF SECTION 33, TOWNSHIP 21 NORTH, RANGE 14 EAST, THENCE 2150 FEET EAST TO THE NORTHEAST CORNER OF COROWN COLONY SUBDIVISION, THE POINT OF BEGINNING. THENCE N90 °00'00 "E 1149 FEET, THENCE SW00100 1E 1319 FEET, THENCE N90°00'00"E 1323 FEET, THENCE S00 °00'00 "E 1319 FEET, THENCE N90 000'00 "W 661 FEET, THENCE S00 °00'00 "E 659 FEET, THENCE N90 °00'00 "W 2647 FEET, THENCE N90 001'03 "E 2254 FEET TO THE SOUTHWEST CORNER OF THE CROWN COLONY SUBDIVISION, THENCE N54 000'00 "E 165.46 FEET TO A RADIUS 50.47 FEET, WITH START ANGLE 230 031'50 ", END ANGLE 21D28'10" WITH A LENGTH OF 132.88 FEET, THENCE N54 000'00 "E 487.26 FEET, THENCE N36 052'32 "E 51.17 FEET, THENCE N32 000'00 "E 376.71 FEET, THENCE N00 °00'22 "W 242.52 FEET TO THE POINT OF BEGINNING. Section 2. The City Council hereby authorizes development upon such tract in accordance with the provisions of the Outline Development Plan submitted with the application, as well as all amendments or modifications thereto, as required by the City Council, same being hereby made a par hereof Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. APPROVED this 15s' day of May, 2007, ATTEST: City of Owasso, Oklahoma City Clerk Mayor APPROVED AS TO FORM: City Attorney CITY OF OWASSO ORDINANCE NO. 830 Nunc Pro Tune AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ -05 -08 CHANGING THE ZONING OF PROPERTY INSIDE THE SOUTHWEST QUARTER (SW /4) OF THE SOUTHWEST QUARTER (SW /4), OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, STATE OF OKLAHOMA ACCORDING TO THE GOVERNMENT SURVEY THEREOF, CONTAINING 40 ACRES MORE OR LESS WHEREAS, on October 4, 2005 Ordinance number 830 was passed approving OZ- 05 -08, a rezoning. The legal description on said ordinance was erroneous. The correct legal description for Ordinance 830 is as follows: THE SOUTHWEST QUARTER (SW /4) OF THE SOUTHWEST QUARTER (SW /4), OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, STATE OF OKLAHOMA ACCORDING TO THE GOVERNMENT SURVEY THEREOF, CONTAINING 40 ACRES MORE OR LESS. WHEREAS, public hearings have been held regarding the request for rezoning of the property herein described, and, WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for and against the requested approval of OZ 05 -08. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT; Section 1. The zoning classification of the following described property, to wit: THE SOUTHWEST QUARTER (SW 14) OF THE SOUTHWEST QUARTER (SW /4), OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, STATE OF OKLAHOMA ACCORDING TO THE GOVERNMENT SURVEY THEREOF, CONTAINING 40 ACRES MORE OR LESS is hereby changed from AG Agricultural to CS Commercial Shopping District. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. APPROVED this 15s' day of May, 2007. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney City of Owasso, Oklahoma Mayor Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www. city ofowasso. com OZ 05 -08 4 W Oi y a N W E S AUGUST 11, 2005 MEMORANDUM TO: HONORABLE CHAIR AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY FROM: ROGER STEVENS UTILITY SUPERINTENDENT SUBJECT: PURCHASE OF PORTABLE WASTEWATER PUMP WASTEWATER DIVISION DATE: April 30, 2007 BACKGROUND: The FY 06 -07 Public Works Department Wastewater Division budget includes funding in the amount of $57,000 for the purchase of a new, trailer- mounted, wastewater pump for use incase of equipment malfunction and/or power failures. Presently, the City uses an existing 1979, 4- inch pump and/or relies on leasing or lending of equipment to address existing needs. Because the existing equipment's capacity is limited to 504,000 gallons per day (gpd) and the City's pumping need ranges from 650,000 to 1,223,000 gpd, the use of the City's 4 -inch is often inadequate necessitating the procurement of larger equipment. The proposed wastewater pump has a capacity of 3,600,000 gpd, adequate to meet not only current pumping demands but also projected increased demand for the life of the equipment. SOLICITATION OF BIDS: In April 2006, bids were advertised and proposal packets were mailed to three prospective vendors and two bids were received on April 16th, 2007. Of such, only one Bid — that submitted by Kinnunen Sales and Rental of Stillwater — was considered complete and acceptable. Vendor Bids Kinnunen Sales and Rental $41,500.00 Pumps of Oklahoma $38,182.33 Kirby and Smith Sales and No Bid Rental No exceptions were noted with Kinnunen Sales and Rental bid. FUNDING SOURCE: The FY 06 -07 Wastewater Division Budget includes $57,000 in Capital Outlay (61- 455 - 54400) for the purchase of a new trailer mounted sewage pump. Trailer Mounted Pump Equipment Award Page 2 of 2 RECOMMENDATION: The staff intends to recommend Trustee approval of the purchase of a current production model Thompson 6JSCE, size 8" trailer mounted sewage pump in the total amount of $41,500.00. ATTACHMENTS: A. Bid specifications and documents B. Bid proposals from Pumps of Oklahoma and Kinnunen Sales and Rental 2 . ;.� 111 North Main PO Box 180 Owasso, OK 74055 MEMORANDUM City of Owasso TO: PROSPECTIVE BIDDERS FROM: MARCIA BOUTWELL CONTRACT ADMINISTSRATOR ROGER STEVENS UTILITIES SUPERINTENDENT ATTACHMENT A (918) 376 -1500 FAX (918) 376 -1599 www.cityofowasso.com SUBJECT: BIDS FOR ONE TRAILER MOUNTED TRASH PUMP DATE: March 27, 2007 The Owasso Public Works Authority is accepting sealed bids for the purchase of one trailer mounted trash pump. Bids will be accepted until 2:00 p.m. April 16, 2007, at which time the bids will be publicly opened and read aloud. The SYSTEM DESCRIPTION/BID PROPOSAL PAGES and NON - COLLUSION BID AFFIDAVIT must be submitted. See the enclosed bid packet for complete information. If you have questions concerning the specifications, contact Roger Stevens, Public Works Utilities Superintendent, at (918)272 -4959. CONTRACT DOCUMENTS and BID SPECIFICATIONS for ONE TRAILER MOUNTED TRASH PUMP MARCH 2007 OWASSO PUBLIC WORKS AUTHORITY OWASSO, OKLAHOMA CONTRACT DOCUMENTS and BID SPECIFICATIONS for ONE TRAILER MOUNTED TRASH PUMP OWASSO PUBLIC WORKS AUTHORITY OWASSO, OKLAHOMA Table of Contents Notice to Bidders Specifications Bid Form Bid Affidavit Notice of Award Contract for Equipment Invoice Affidavit NOTICE TO BIDDERS Sealed Bids will be received by the Owasso Public Works Authority at the Owasso City Hall, 111 N. Main, PO Box 180, Owasso, Oklahoma 74055 until 2:00 p.m. on the 16`" day of April, 2007, at which time and place said bid will be publicly opened and read aloud. This will be for the furnishing of the following item: One Trailer Mounted Trash Pump Further information and specification packets can be obtained by contacting the Contract Administrator at 918 - 272 -4966 or the Public Works Department at 918- 272 -4959 during regular working hours. Envelopes containing bids must be sealed and marked to identify the item being bid. No electronically transmitted bids will be accepted. The Owasso Public Works Authority expressly reserves the right to reject any or all bids. All bids will be considered irrevocable offers under conditions specified in the bid for a period of forty - five (45) calendar days from and after the date herein for the opening of bids. Marcia Boutwell, Contract Administrator { SPECIFICATIONS FOR THE PURCHASE OF A TRAILER MOUNTED TRASH PUMP 8 -INCH DRY PRIME TRASH PUMP GENERAL DESCRIPTION The following is a comprehensive list of specifications for a high - pressure water jet to be purchased for the Owasso Public Works Authority. Equipment shall be new, of current production model, and shall be provided will all standard equipment as provided by the manufacturer. At the time of delivery, the equipment shall not have more than two (2) hours registered on the meter. GENERAL PROVISIONS 1. TAX EXEMPTION - Purchaser is exempt from payment of all federal, state and local taxes in connection with the purchase. Said taxes must not be included in bid prices. The necessary tax exemption certificate will be provided by the Contract Administrator upon request. 2. PRICING - The price submitted in any proposal shall include all items of labor, materials, tools, and other costs necessary to fully prepare the equipment for delivery. Any items of labor omitted from the specifications, which are clearly necessary for the proper delivery of the equipment, shall be considered a portion of such specifications although not directly specified or called for in these specifications. Price quoted shall remain effective for a period of forty -five (45) days after opening of bids. 3. WARRANTY - A manufacturer's and /or dealer's warranty shall be supplied to cover replacement parts and labor costs. The manufacturer agrees to promptly replace any part or parts which by reason of defective materials or workmanship, or installation fail under normal use. Such replacement must be free of charge to the owner. Warranty will be for a period of twelve (12) months from the date of delivery on parts and labor. 4. BIDS - The purchaser reserves the right to reject any or all bids and to waive any or all technicalities, informalities, or other minor deviations from the bid document. 5. INSPECTION - An acceptance inspection shall be conducted between the supplier and the Authority before delivery will be accepted. The inspection date shall be at the Authority's convenience. All discrepancies noted during the inspection shall be remedied at the supplier's prior to payment for this equipment. 6. PAYMENT - As with all public trust authorities in Oklahoma, payment must be approved and signed on a claims list by the proper Trust authority. Payment shall be made only after complete and acceptable delivery of the equipment, in accordance with these specifications. The Owasso City Council /Owasso Public Works Authority meets regularly on the first and third Tuesday of every month. 7. PRIME BIDDER RESPONSIBILITY - If final delivery of the equipment includes the use of services of another company, the Owasso Public Works Authority will hold the bidder responsible for those outside services. 8. PROPOSAL EXPENSES — Expenses for developing the proposal are entirely the responsibility of the bidder and shall not be chargeable to the Owasso Public Works Authority. 9. PRIOR INFORMATION — Any information which may have been released either orally or in writing prior to the issuance of this bid request shall be deemed preliminary in nature and bind neither the Owasso Public Works Authority nor the vendor. 10. VENDOR CONTACT — Any proposal accepted will be incorporated into the contract which the Owasso Public Works Authority will enter into with the vendor. 11. PROPOSED COST — It is not the policy of the Owasso Public Works Authority to negotiate the price after the vendor is selected. The supplied bid form shall include one price for the basic specified equipment. All bids delivered to the Authority shall be sealed and visibly marked SEALED BID. 12. CONTACT PERSON - Questions and clarification concerning this bid shall be directed to Roger Stevens by calling (918) 272 -4959 Monday through Friday 8:00 a.m. to 5:00 p.m. TECHNICAL SPECIFICATIONSBID PROPOSAL FOR TRAILER MOUNTED TRASH PUMP SPECIFIC REQUIREMENTS Please note that these specifications establish minimum criteria and the bidder may exceed the noted specifications. The specifications identify the characteristics desired by the Authority such that it is the Authority's intent to receive bids for a Trailer Mounted Trash Pump (8 -inch dry Prime Trash Pump) which are similar to the specifications. It is the intent of these specifications to describe a TRASH PUMP in sufficient detail to secure bids on comparable products. Any product not conforming to these specifications as outlined in this invitation will be rejected & it will be the responsibility of the bidder to conform the requirements unless deviations have been cited in the bid and acceptance made on that basis. The manufacturer shall furnish evidence upon request of its demonstrated ability to provide the type of product described in these specifications. Evidence shall be furnished upon request that the product has been tested and proven in the market. Failure to complete all information on questionnaire and bid request form may be cause for rejection of bid. Any additions, deletions or variations from the'following specifications must be stated. Reason for variations and deviations must also be stated. These specifications shall be construed as MINIMUM. Exceptions to these specific requirements must be clearly noted. Requirements for providing portable sewage pumps. The pump and accessories shall be supplied by the pump manufacturer. The portable pumps shall be delivered to the owner within 90 days after contract has been awarded. System Description/Bid —Page 1 System Description Exceptions to these specific requirements must be clearly noted. System Description/Bid — Page 1 Compliance or Exceptions ENGINE a. Make: Standard Diesel Engine John Deere 4045D c r c. b. The pump shall be model 6JSCE, size 8" as manufactured by Thompson Pump or equal. c. Operating Speed of 1,800 rpm or equal , /710// l h n L d. Pump: The portable trash pump specified in this section will be able to pump a maximum capacity of 2600GPM e. Size: Suction/discharge eight (8) inch I.D. Nominal I f. Priming: Lift fully automatic to 28ft. The pump shall be capable of c static suction lifts to a maximum of 28 feet, vertical, at sea level. It shall also be capable of operation using extended suction lines. g. Seal: Shall be mechanical self-adjusting type with stationary- tungsten carbide vs. silicon carbide face rotating. The mechanical seal shall be cooled and lubricated by an oil bath reservoir requiring no maintenance or adjustment. Pump shall be capable of running dry, with no damage, for extended periods of time. All metal parts shall be of stainless steel with self adjusting elastomeric elbows h. Type: Water - cooled, four (4)- cylinder type e i. Safety: Low Oil Pressure j. Maximum Operating temperature of 212° F k. Maximum Operating Pressure of 84psi discharge at 2000 rpm 1. Pump to be fully automatic, needing no form of adjustment on priming system. e m. Minimum Solids Handling Size three (3)inches in diameter e n. Automatic Start/Stop control system o. Standard 2- 1/116" Control Panel Openings p. The pump shall be fitted with a fully automatic priming system incorporating an air compressor, air ejector assembly, and an air /water �� separation tank. �u�,C-r q. No water shall be required in the pump to achieve a prime r. The pump shall incorporate Enviroprime System to prevent leakage on the ground s. The pump must be capable of running totally dry for extended periods of time. A minimum of 19 hrs continuous running time / <e t. The pumping system shall not use a vacuum pump nor require the use of "foot" type valve. It shall contain no moving parts or protective float gear. u. A demonstration of the pump's ability to repeatedly cycle from pump / snore /repriming / pump shall be required. C11'Ce v. Impeller Diameter 12 -inch arse w. Suction Size 8 Inches System Description/Bid — Page 1 Compliance or Exceptions x. Discharge Size 8 Inches y. Minimum Duty Point 1100 GPM at 25ft of suction lift and a minimum of 100 ft of head 2. FUEL TANK shall meet spill containment requirements of EPA & State of Oklahoma a. Minimum 69 US Gallons Capacity b. Easy View Fuel Level 3. PUMP HOSE ASSEMBLY (SUCTION /DISCHARGE) a. 8 -inch I.D. nominal x 8.9" O.D. nominal fi � h Cr b. Hose shall be made Black Rubber EPDM tube and cover reinforcement 'aMC7� c. Working pressure of 100 psi full suction d. All female to male connections shall be camlock fittings or adapters e. Two (2) twenty ft joints plus camlock fittings of suction hose f. Five (5) twenty ft joints plus camlock fittings of discharge hose 4. CONTROLLER a. Automatic Start /Stop signal mode operation b. Digital display of running hours go' ` e c. Digital display of engine battery voltage -e d. Digital display engine RPM features high coolant temperature e. Displays Speed Shut Off 5. TRAILER a. The frame shall be heavy -gauge steel. oar / ,vr r r- b. Unit will be equipped with dual spring style axles, 5,000 lb. capacity per axle. ? e' -e c. Trailer unit will be equipped with heavy -duty wheel fenders, hitch � 2- 5/16" ball type hitch, and electric brakes with breakaway d. Trailer shall be equipped with fenders, front and rear support stands, lifting bar, safety chains, side and rear reflectors, and receptacle for r towing vehicle. "V C e. Trailer design shall be in compliance with applicable ODOT regulations. f. Unit will be equipped with complete ICC light group, reflectors, license plate holder and safety chains g. The diesel engine driven pump unit shall be mounted with tires that can be towed on the road at 50 MPH and shall be wired for over the road usage. % e System Description/Bid — Page 2 6. FACTORY PAINTING a. Pump, engine, base and trailer shall be shop primed and finish painted at the place of manufacture. b. Materials and thicknesses for priming shall be in accordance with manufacturer's standards. c. Before painting, all metal shall be cleaned and etched with a phosphoric materials to insure permanent bond of primer and paint. d. The entire unit shall be painted manufacturer standard colors. 7. ACCESSORIES a. 40' suction hose. b. 100' discharge hose c. Custom layout drawings showing arrangement pump, fuel tank, engine and controls d. Specifications sheets for each product specified herein e. Operator and maintenance manual (3 copies) f. Wiring diagrams of all electrical systems g. List of recommended spare parts complete with prices 8. WARRANTY a. The manufacturer shall furnish the following to the owner: 1. A copy of the engine manufacturer's one (1) year parts and labor warranty upon request 2. A one(l) years parts warranty issued by the manufacturer on Compliance or Exceptions e' t' c P c-c c Q. the pump system C m •� �' "' ` z 3. The above warranty (2) must cover all pump parts, including the mechanical seal b. The manufacturer shall furnish the following with the portable sewage pump system: 1. Spare parts required for normal maintenance for one year of operation 2. A recommended list of spare parts for service beyond one year as provided above c. The manufacturer shall furnish the services of a competent factory representative to do the following: 1. Inspect the system prior to delivery, supervise the start up and testing of the system, and certify the system has been properly furnished and is ready for operation. 2. Instruct the owner's operating personnel in the proper operation and maintenance of the system for a period of not less than one day. U cl/'P�� h `� TOTAL BID PER TECHNICAL SPECIFICATIONS $ % �� c-0 System Description/Bid — Page 3 I hereby acknowledge that I have read the specifications and that I am legally bound by the statements on the Technical Specifications /Bid Proposal Pages. Name of Company 0 ? ��-5r /c gnature 137Q i,7 - -5qzff Printed Name & Title ::4o -? o< Address ' 7YO 7Y Phone Number BID OPENING: APRIL 16, 2007 @ 2:00 P.M. System Description/Bid — Page 4 NON - COLLUSION BID AFFIDA STATE OF 0tZ1,*11111W ) ss COUNTY OF /P"f° 544o- ,yc`g' � of lawful age, being first duly sworn, on oath says that (s)he is the agent authorized by the bidder to submit the attached bid. Affiant further states that the bidder has not been a part of any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding; or with State, County, or City officials or employees as to quantity, quality, or price in prospective contract, or any discussions between bidder and any State, County, or City official concerning exchange of money or other thing of value for special consideration in the letting of a contract. Subscribed and sworn to before me this % 1- ' day My Commission Expires: owu4ln� - O O T4 �<' - PU�� v IN AND FOq Z STATE OF OK AHOMA �FE Printed Name nature Commission #��r, %� NOTE: COMPLETE THIS AFFIDAVIT AND RETURN WITH BID PROPOSAL s NOTICE OF AWARD TO: DESCRIPTION: ONE TRAILER MOUNTED TRASH PUMP The Owasso Public Works Authority has considered the BID submitted by you for the above - described equipment in response to its Advertisement for Bids first published on You are hereby notified that your BID has been accepted for the above -named item in the amount of You are required to return an acknowledged copy of this Notice of Award to the Contract Administrator within ten days. Dated this day of , 2007. CITY OF OWASSO, OKLAHOMA OWASSO PUBLIC WORKS AUTHORITY L'In Contract Administrator ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by this day of , 2007. Title: CONTRACT FOR EQUIPMENT THIS AGREEMENT, made this day of , 2007, between the Owasso Public Works Authority (AUTHORITY), and (VENDOR). WITNESSETH: 1. That for and in consideration of the sum of VENDOR will furnish to AUTHORITY one trailer mounted trash pump as indicated in the specifications. 2. VENDOR will furnish all of the labor and other services necessary to deliver the equipment as required in the Contract Documents and Bid Specifications. 3. The AUTHORITY shall pay the VENDOR upon acceptance of delivery and following the submission of an invoice. 4. This Contract shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 5. This instrument, supplemented by the Contract Documents, contains the entire agreement between the parties, and no statement, promise or inducement made by either party, or the agent of either party, that is not contained in this written Contract shall be valid or binding. 6. This Contract shall not be enlarged, modified or altered except in writing, signed by the parties and endorsed hereon. 7. This Contract shall be governed by the laws of the State of Oklahoma both as to interpretation and performance. ATTEST: OWASSO PUBLIC WORKS AUTHORITY Sherry Bishop, Authority Secretary VENDOR FAV Julie Trout Lombardi, City Attorney Uz Title: Chairman NON COLLUSION INVOICE AFFIDAVIT STATE OF ) ss COUNTY OF The undersigned person, of lawful age, being first duly sworn, on oath says that this invoice is true and correct and that (s)he is authorized to submit the invoice pursuant to a contract or purchase order. Affiant further states that the (work, services or materials) as shown by this invoice have been (completed or supplied) in accordance with the plans, specifications, orders, requests or contract furnished or executed by the Affiant. Affiant further states that (s)he has made no payment directly or indirectly to any elected official, officer or employee of the municipality / authority or money or any other thing of value to obtain payment of the invoice or procure the contract or purchase order pursuant to which an invoice is submitted. Print or Type Name of Contractor or Vendor Signature Print or Type Name and Title Subscribed and sworn before me this day of Notary Public Commission # My Commission Expires: NOTE: COMPLETE THIS AFFIDAVIT & RETURN WITH EACH INVOICE SUBMITTED. f PUMPS OF OKLAHOMA Here is our offer: ATTACHMENT B 1220 NW 3r`' Street Oklahoma City, OK 73106 Phone: 405- 235 -2695 Fax: 405-235-9897 pumpsofoklahoma.com Acme Dynamics Dynaprime model DPv200 /JD. Our offer is in full compliance with the specification with the possible exception of the fuel tank spill containment requirement. Performance is exceeded with this model. Details are included in the attachments below. Notes: The optional 100 gal. capacity fuel cell is included in the price below. Auto start system is also included as specified, with an additional solar battery charger which is standard on our system. Tandem axle is included as specified. Prices: DP200 /JD 4045 ............. Hoses............................ Total.............................. .$37182.33 FOB OWASSO Parts being supplied as a kit for a one year maintenance schedule. 2 —air filter compressor 8 —oil filter#RE504936 8 —Fuel filter#RE62418 4 —air filter engine#P181054 Delivery: 90 days ARO. Optional engine fluid containment: $900.00 - This provides a sealed bottom to the pump and engine. A drain valve is included. Note: This is not a fuel containment system (Unless the leak occurs on the inside of the fuel cell tube). Since this is an open configuration pump, not enclosed, rain, etc. will collect within the walls this system and will therefore require periodic draining. Since the specified spill requirements are not known, this option may not meet the specified requirement. An approval drawing for this option will be provided. Please advise if you need additional information. Sincerely 0 2� Ron J kson WATER SYSTEMS (1) INDUSTRIAL - OIL & GAS • �� D�NAfrII(S THE FUTURE IN PUMP TECHNOLOGY DYNA The ACME Dynamics DYNAPRIME„ model DP„ 200M fully automatic, dry priming, trailer mounted 8" trash pump features compact design with large pump performance: Flows to 2,700 GPM, heads to 200' TDH, and elongated solids handling to 3.5" x 3 ", and will pass ropes, rags, and stringy materials. The DYNAPRIME„ priming system enables priming and re- priming down to 28 feet. This pump is highly efficient allowing for higher flows with less horsepower, which equates to lower costs to operate and maintain. For more information visit our web site at www.acmedynamics.com. v N O O 00 V `NOW ' N 3 r 11 n CO r- - U) w0 _ in cn cn 3 m 2 0. CD W = I 7 7 O N �'.. XE'd (D W (n y- � N V O T X 3 ig ' N 3 r 11 v�(Z x ' �(D Priming system - DYNAPRIME„ *Twin cylinder water cooled pressure lubricated air compressor with ejector venturi assembly. • Primes and reprimes down to 28 ft. vertical Pump Materials • Impeller: Double blade, spiral -type Pealiitic matrix 5.9 iron, ASTM A536, Gd 100 -70-03 @302 BHN • Frortt/rear wear plates: Peariitic matrix 5.9 iron, ASTM A536, Gd 100 -70-03 @ 302 BHN *Non- return check valve: one piece, non -slam molded nitiile rubber nylon reinforced stainless steel disc, seating against a replaceable stainless steel seat • Shaft: Stainless steel; ASTM A276 431 Shaft Seal • Dry running Oil bath doube mechanical seal • Silicon Carbide x Silicon Carbide viton elastomers all in stainless steel Maintenance -free, long life Chassis /Fuel Tank *Chassis: 60 gallon integrated fuel cell: approximately 18 hours run time under full load conditions • Fuel gauge and 4" lockable fuel cap • Jacks: 5000 front and rear, chrome like dear anc plated side wind style *Aide: single torsion flex type 3500f/ *Tires: ST20W5R14C • Hot - dipped Galvanized trailer assembly: Rust resistant •Fenders manufactured of durable High Density Polyethylene: long life, inexpensive and easy to replace. • DOT approved lights and reflectors Standard Equipment *Control panel with full instrumentation including safety shutdown system, tachometer, volt meter, hour meter, oil pressure gauge, and water temperature gauge on water - cooled diesels *Battery tray and cables Optional Equipment • Auto start system with either float, or transducer : Easy to install • 100 - gallon fuel cell •Spare fire and hub/spindle assembly • Hose rack • Hose assemblies and fittings O THE FUTURE IN PUMP TECHNOLOGY P. O. Box 1780 • Plant City, FL 33564 -1780 Phone(813)752 -3137• (800) 622 -9355 Fax(813)752 -4580 www.acmedynamics.com email: salesandrentals aacmedvnamics.com 200 w 150 a x a loo di m Z 50 60 55 so as m 40 35 m d 30 m CL 25 m 20 a 15 3 10 0 0 0 500 1000 1500 2000 2500 3000 Capacity (USGPM) 30 I I 'Performance shown for engine listed below I I I I 25 4, I I I I 6" (200..j 1 NOjn� a ? ?�016ry' 15 I I e style priming system. a r — 10 6- (150mm ) 3 y 5 nw on oss.ssa s� 2 . 1 3 0 I I I I I I I I I 60 55 so as m 40 35 m d 30 m CL 25 m 20 a 15 3 10 0 0 0 500 1000 1500 2000 2500 3000 Capacity (USGPM) 30 9 25 8 (n 6" (200..j 1 C A 15 suction LA ;mit wren veom li 5 3 e style priming system. a r — 10 6- (150mm ) 3 y 5 nw on oss.ssa s� 2 . 1 3 0 0 0 500 1000 1500 2000 2500 3000 Capacity (USGPM) Engine: Water-cooled engines John Deere 4045D rated at 53 — 72 BHP @ 1500 — 2200 RPM Perkins 804C.33T rated at 61 BHP @ 2000 RPM Perkins 404C.22T rated at 49.8 BHP @ 2000 RPM MAX . above engine will produce performance as shown above Other engine options may be available Dimensions • Length -140"; Width —TY; Height -70 ", Weight •GVTW 3,300lbs. (full of fuel) SPECIFICATIONS SUBJECT TO CHANGE WITHOUT NOTICE PUMP PERFORMANCE BASED ON ENGINE MANUFACTURER'S MAXIMUM CONTINUOUS PERFORMANCE DATA PICTURE SHOWN MAY INCLUDE OPTIONS © ACME Dynamics, Inc. 2004 — Published Date 1/21/04 Your Local Distributor 200 F 150 R d :.1 100 d C 0) d Z 50 -60 -55 50 -45 -40 G -35 A ty -30 m M -25 sv 20 O- 15 3 -10 5 0 0 0 500 1000 1500 2000 2500 3000 70 r 60 U) 50 40 Z 30 20 O M 10 J r- 0 v 3 0 30 25 20 15 10 5 A $ 20 E 15 2 10 N a 5 Z 0 Engine Rating for John Deere CK4045DP4 -80 at 2200 rpm 2200 rpm 2000 rpm 1800 rpm 1500 rpm I I Pumpset with Patented DYNAPRIME system i 65 cfm (110 m3 /h) Vacuum Pump I I I 0 500 1000 1500 2000 2500 3000 50 45 40 35 0 30 25 20 15 �- 10 5 0 9 011 8 r 7 0 6 0 5 4 r- 3 2 ,..� 1 3 n 7 Z 6 v 5 y 4 = 3 �. 2 1 � 0 0 500 1000 1500 2000 2500 3000 usgpm 0 500 1000 1500 2000 2500 igpm 0 20 40 60 80 100 120 140 160 180 1/s 0 50 100 150 200 250 300 350 400 450 500 550 600 650r,,3/h Flowrate DYNA Curve Ref: ti MUM I QJD 200 - 286- JD4045- USA -v3 _ -� .. , ,�'.v,_ . •r ,i_ Speed: see below (rpm) DPv200M Suct x Disch: 8 in x 8 in Spiral Flow Impeller Dia 132 =286 mm Free Passage Capability: 3.5 in long x 3 in dia (elongated solid) Maxi Pumpset performance based on standard test conditions: - Water Temp < 68 deg F ??o NO�iga7 J O�14 Altitude < 300 ft < deg F i <T Relative Hum < 00/..,- n! berating may be necessary for other operating conditions please consult for more details ro o,. I I � 7S o r I I I I -60 -55 50 -45 -40 G -35 A ty -30 m M -25 sv 20 O- 15 3 -10 5 0 0 0 500 1000 1500 2000 2500 3000 70 r 60 U) 50 40 Z 30 20 O M 10 J r- 0 v 3 0 30 25 20 15 10 5 A $ 20 E 15 2 10 N a 5 Z 0 Engine Rating for John Deere CK4045DP4 -80 at 2200 rpm 2200 rpm 2000 rpm 1800 rpm 1500 rpm I I Pumpset with Patented DYNAPRIME system i 65 cfm (110 m3 /h) Vacuum Pump I I I 0 500 1000 1500 2000 2500 3000 50 45 40 35 0 30 25 20 15 �- 10 5 0 9 011 8 r 7 0 6 0 5 4 r- 3 2 ,..� 1 3 n 7 Z 6 v 5 y 4 = 3 �. 2 1 � 0 0 500 1000 1500 2000 2500 3000 usgpm 0 500 1000 1500 2000 2500 igpm 0 20 40 60 80 100 120 140 160 180 1/s 0 50 100 150 200 250 300 350 400 450 500 550 600 650r,,3/h Flowrate ISystem Description Exceptions to these specific requirements must be clearly noted. Compliance or Exceptions ENGINE a. Make: Standard Diesel Engine John Deere 4045D b. The pump shall be model 6JSCE, size 8" as manufactured by Thompson Pump or equal. c. Operating Speed of 1,800 rpm or equal d. Pump: The portable trash pump specified in this section will be able to pump a maximum capacity of 2600GPM e. Size: Suction/discharge eight (8) inch I.D. Nominal f. Priming: Lift fully automatic to 28ft. The pump shall be capable of static suction lifts to a maximum of 28 feet, vertical, at sea level. It shall also be capable of operation using extended suction lines. g. Seal: Shall be mechanical self - adjusting type with stationary- tungsten carbide vs. silicon carbide face rotating. The mechanical seal shall be cooled and lubricated by an oil bath reservoir requiring no maintenance or adjustment. Pump shall be capable of running dry, with no damage, for extended periods of time. All metal parts shall be of stainless steel with self adjusting elastomeric elbows h. Type: Water - cooled, four (4)- cylinder type i. Safety: Low Oil Pressure j. Maximum Operating temperature of 212° F k. Maximum Operating Pressure of 84psi discharge at 2000 rpm 1. Pump to be fully automatic, needing no form of adjustment on priming system. m. Minimum Solids Handling Size three (3)inches in diameter n. Automatic Start/Stop control system o. Standard 2- 1/116" Control Panel Openings p. The pump shall be fitted with a fully automatic priming system incorporating an air compressor, air ejector assembly, and an air /water separation tank. q. No water shall be required in the pump to achieve a prime r. The pump shall incorporate Enviroprime System to prevent leakage on the ground s. The pump must be capable of running totally dry for extended periods of time. A minimum of 19 hrs continuous running time t. The pumping system shall not use a vacuum pump nor require the use of "foot" type valve. It shall contain no moving parts or protective float gear. u. A demonstration of the pump's ability to repeatedly cycle from pump / snore /repriming / pump shall be required. v. Impeller Diameter 12 -inch w. Suction Size 8 Inches System Description/Bid — Page 1 Compliance or Exceptions x. Discharge Size 8 Inches y. Minimum Duty Point 1100 GPM at 25ft of suction lift and a minimum of 100 ft of head 2. FUEL TANK shall meet spill containment requirements of EPA & State of Oklahoma a. Minimum 69 US Gallons Capacity /to GAL b. Easy View Fuel Level 3. PUMP HOSE ASSEMBLY (SUCTION /DISCHARGE) a. 8 -inch I.D. nominal x 8.9" O.D. nominal b. Hose shall be made Black Rubber EPDM tube and cover reinforcement c. Working pressure of 100 psi full suction d. All female to male connections shall be camlock fittings or adapters e. Two (2) twenty ft joints plus camlock fittings of suction hose f. Five (5) twenty ft joints plus camlock fittings of discharge hose 4. CONTROLLER a. Automatic Start/Stop signal mode operation b. Digital display of running hours c. Digital display of engine battery voltage d. Digital display engine RPM features high coolant temperature e. Displays Speed Shut Off 5. TRAILER a. The frame shall be heavy -gauge steel. b. Unit will be equipped with dual spring style axles, 5,000 lb. capacity per axle. c. Trailer unit will be equipped with heavy -duty wheel fenders, 2- 5/16" ball type hitch, and electric brakes with breakaway hitch d. Trailer shall be equipped with fenders, front and rear support stands, lifting bar, safety chains, side and rear reflectors, and receptacle for towing vehicle. e. Trailer design shall be in compliance with applicable ODOT regulations. f. Unit will be equipped with complete ICC light group, reflectors, license plate holder and safety chains g. The diesel engine driven pump unit shall be mounted with tires that can be towed on the road at 50 MPH and shall be wired for over the road usage. System Description/Bid — Page 2 Compliance or Exceptions 6. FACTORY PAINTING a. Pump, engine, base and trailer shall be shop primed and finish painted at the place of manufacture. b. Materials and thicknesses for priming shall be in accordance with manufacturer's standards. c. Before painting, all metal shall be cleaned and etched with a phosphoric materials to insure permanent bond of primer and paint. d. The entire unit shall be painted manufacturer standard colors. 7. ACCESSORIES a. 40' suction hose. b. 100' discharge hose c. Custom layout drawings showing arrangement pump, fuel tank, engine and controls d. Specifications sheets for each product specified herein e. Operator and maintenance manual (3 copies) f. Wiring diagrams of all electrical systems g. List of recommended spare parts complete with prices 8. WARRANTY a. The manufacturer shall furnish the following to the owner: 1. A copy of the engine manufacturer's one (1) year parts and labor warranty upon request 2. A one(1) years parts warranty issued by the manufacturer on the pump system 3. The above warranty (2) must cover all pump parts, including the mechanical seal b. The manufacturer shall furnish the following with the portable sewage pump system: 1. Spare parts required for normal maintenance for one year of operation 2. A recommended list of spare parts for service beyond one year as provided above c. The manufacturer shall furnish the services of a competent factory representative to do the following: I . Inspect the system prior to delivery, supervise the start up and testing of the system, and certify the system has been properly furnished and is ready for operation. 2. Instruct the owner's operating personnel in the proper operation and maintenance of the system for a period of not less than one day. TOTAL BID PER TECHNICAL SPECIFICATIONS $ l �' 33 System Description /Bid — Page 3 I hereby acknowledge that I have read the specifications and that I am legally bound by the statements on the Technical Specifications /Bid Proposal Pages. Lmes of 015 La N f Co Signature Printed Name & Title PO box 112.4 Address QKC OK 13101 40S. 13S. Z6q Phone Number BID OPENING: APRIL 16, 2007 @ 2:00 P.M. System Description/Bid — Page 4 NON - COLLUSION BID AFFIDAVIT STATE OF ) ss COUNTY OF , of lawful age, being first duly sworn, on oath says that (s)he is the agent authorized by the bidder to submit the attached bid. Affiant further states that the bidder has not been a part of any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding; or with State, County, or City officials or employees as to quantity, quality, or price in prospective contract, or any discussions between bidder and any State, County, or City official concerning exchange of money or other thing of value for special consideration in the letting of a contract. rinted Name /11�AJ i Signature Subscribed and sworn to before me this day of , 2007. My Commission Expires: C-3) Ae% I.A 16)/ A. Notary Vublic Commission # 0 4 0 cb rICTAHy TERRI L. GREEDfbr CANADIAN COU Notary Public in anState of OklahoCommissloli # 040Enulre- oy /1rj/o NOTE: COMPLETE THIS AFFIDAVIT AND RETURN WITH BID PROPOSAL NOTICE OF AWARD TO: DESCRIPTION: ONE TRAILER MOUNTED TRASH PUMP The Owasso Public Works Authority has considered the BID submitted by you for the above - described equipment in response to its Advertisement for Bids first published on You are hereby notified that your BID has been accepted for the above -named item in the amount of You are required to return an acknowledged copy of this Notice of Award to the Contract Administrator within ten days. Dated this day of , 2007. CITY OF OWASSO, OKLAHOMA OWASSO PUBLIC WORKS AUTHORITY Contract Administrator ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by this day of , 2007. Un Title: MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: DAVID WARREN PARKS DIRECTOR SUBJECT: SPLASH PAD BID AWARD RAYOLA PARK DATE: May 1, 2007 BACKGROUND: At the May 17, 2006 City Council meeting, the City Council approved the City of Owasso's participation in the FY 06 Community Development Block Grant (CDBG) program. By nature of its size, the City of Owasso receives $66,450 in CDBG funds this year towards the completion of a project which must be matched by the City of Owasso. The required matching portion of funds has been included in this year's budget, which brings the total funds available for this project to $132,900. The Oklahoma Department of Commerce administers these funds as part of its Small Cities Set -Aside Program. PROJECT DESIGNATION: The City is utilizing the money this year to construct a handicapped accessible splash pad at Rayola Park. The Splash pad will be located in the foot print of the old pool house in order to utilize the existing utilities at that location. A copy of the site plan will be provided to the Council on Tuesday evening. PROJECT DETAILS: Bid specifications for the Splash Pad were developed by staff utilizing information gathered from visiting local splash parks. The Splash Pad is a turn key project that is handicapped accessible and designed for all ages. The "Request for Sealed Bids" was advertised on March 22, 2007 and March 29, 2007 in the Owasso Reporter. Additionally, copies of the specs were provided to four different plan distribution houses. Eight copies of the bid documents were picked up by interested contractors and a mandatory pre -bid meeting was conducted on Wednesday April 11, 2007 at 2:00 PM. Bids were opened on Monday April 23, 2007 at 2:00 PM. A total of three bids were submitted for the project: Wagnon Construction, Bixby, OK RJR Enterprises, Inc., Rogers, AR Magnum Construction, Broken Arrow, OK A review of the bids by staff indicates all bids specifications. $ 109,900 $ 116,865 $ 131,000 submitted were in compliance with bid RECOMMENDATION: Staff intends to recommend Council award the Splash Pad Project to Wagnon Construction of Bixby, Oklahoma and authorization for final payment in the amount of $ 109,900 at the May 15, 2007 regular meeting. 1:, 4fr ................. ... . . . . . . . 7-i m cr IA I Ln 04 O MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: TERESA WILLSON INFORMATION SYSTEMS DIRECTOR SUBJECT: FIBER OPTIC INSTALLATION PROJECT DATE: April 27, 2007 BACKGROUND: The FY 06 -07 Information Technology budget includes funding for the installation of fiber optic cabling from the City Hall facility to the Public Works facility. The existing connection between City Hall and Public Works is a point to point wireless connection that is inadequate to support an increase in network traffic anticipated upon the implementation of enterprise software for Financials, Land Management and Work Orders. INFORMATION: Specifications for fiber optic cable installation were prepared by IT staff and documents have been prepared to request the submittal of proposals from vendors specializing in the installation of such cabling. Requests for Proposal were mailed on May 1, 2007, to four prospective bidders. The bid opening has been set for May 23, 2007. The proposed project is for fiber optic cabling, 36 strand minimum, to be terminated at the City Hall facility in the main server room, then run via underground conduit and aerial installation on utility poles to the Public Works facility where it will be terminated in a server /phone closet. The City attorney has reviewed and approved an application for use of AEP utility poles, as well as an application to permit a wireline installation over the railway on 76th St. North. The cabling will exit City Hall at the northeast corner of the Police Department then continue south on N. Birch, west on 76th St. North; and across 76th St. North to the Public Works facility. The Main Street Beautification Project requires that a portion of the installation be buried at 76th and Main. Additionally, staff has included two other buried portions to avoid having cable extend across areas where no aerial cabling exists. City Fiber Installation Path Detail from City Hall to Public Works From To Buried /Aerial City Hall N. Birch Buried N. Birch (west side) 76 Ih St. North (south side) Aerial 76 Ih and Main St. (east side) 76` and Main St. (west side) Buried 76 th and Main St. (west side) 76 th St. (across from Public Works) Aerial 76` St. Public Works facility Buried The bid request includes two junction boxes be installed to facilitate future fiber projects. In future projects, staff plans to extend fiber to Fire Station 2 at 201 S. Cedar, as well as the Maintenance Facility on Main Street. These fiber projects would provide necessary bandwidth to set up a redundant site for business continuity in the event servers at City Hall were inoperable. In addition, fiber would allow staff to centralize server applications for remote departments at City Hall. This would facilitate easier administration and maintenance of those applications by technology staff. FUNDING SOURCE Funding for the installation of the fiber optic cabling was included in the FY 06 -07 budget in the amount of $36,000. Boring for buried portions of the installation has been quoted at $11,000 and will be completed prior to the installation, separate from the bid. AEP requires an annually recurring fee of approximately $275.00 for the City to utilize utility poles for the aerial fiber installation. Staff anticipates the total cost of the project, including boring, may exceed the original estimate of $36,000, due to buried utility line requirements for the Main Street Beautification project. The bids for fiber installation are anticipated to be in the range of $25,000 - $30,000, based on research conducted by staff. Boring plus the fiber installation would bring the project total to approximately $41,000. RECOMMENDATION Staff intends to recommend City Council award a bid for the installation of fiber optic cabling from City Hall to Public Works, as approved in the FY 06 -07 budget. ATTACHMENT Fiber Optic Routing Map w w 'l • -AML t BOB BR 'i D. o S ice• ` 7 LP r WP W2 �' L 2 Wa.... ,4*4 ` °IM 4. M KEN'S KAR KARE ALI& "s {GRUB !FUR` ^� i �. � ... N mR�e • AgNcv ' Ir r -� w AFE11, F MOOEL AATE L0 AITH • 1 w fr I-- RS. ANCE S .. »BARB RSHOJP d ° MEDICAP .iER. MR. •. r ! ` PURL. OR • } r •�rra� " �a AcnoNIMOTOR �.n • FIRST -j r w 1,111 � •♦ {iii{ � I w. ,i� FIBER OPTIC ROUTING CITY OF OWASSO 4/2/07 Legend 111 N. Main Street BURIED FIBER P.O. Box 180 OVERHEAD FIBER Owasso, OK 74055 THIS MAP North REPRE ES NTISAX ACCURATE TAND TRUE PURPOSE OF TH NOT INTEIIII13EIDI TO IS WITHOUT 918.376.1500 WARRANTY OR REPRESENTATION BY CITY OF OWASSO OF ITS ACCURACY. MEMORANDUM TO: THE HONORABLE MAYOR & CITY COUNCIL CITY OF OWASSO FROM: MICHELE DEMPSTER HUMAN RESOURCE DIRECTOR SUBJECT: DRUG AND ALCOHOL DETECTION, INTERVENTION AND EMPLOYEE ASSISTANCE POLICY DATE: May 2, 2007 BACKGROUND: Based on previous State Statute the City of Owasso Personnel Policies and Procedures manual allows employees to be drug tested after an accident if there is reasonable suspicion that the employee involved in the accident was under the influence of drugs and/or alcohol. State Statute has been amended with language allowing employers to require employees to submit to a drug and/or alcohol test after an accident if the accident results in a work - related injury to the employee or another person, or when the employer's property and/or equipment has been damaged, in amount reasonably estimated at the time of the accident to exceed Five Hundred Dollars ($500.00). PROPOSAL• Staff intends PROPOSAL: placing the proposed revised Drug and Alcohol Detection, Intervention and Employee Assistance policy on the May 15, 2007 council agenda for approval. ATTACHMENTS: 1. Revised Drug and Alcohol Detection, Intervention and Employee Assistance policy CHAPTER 8 DRUG AND ALCOHOL DETECTION, INTERVENTION, AND EMPLOYEE ASSISTANCE POLICY PURPOSE. The City of Owasso considers its employees to be its most valuable resource and is concerned about the health, safety, well- being, and satisfactory work performance of all employees. The use, abuse, and dependence on alcohol and/or drugs can seriously affect the health of employees, jeopardize their own safety and that of others, as well as impair job performance. The City of Owasso is concerned for its workers and their dependents whose use of controlled substances could adversely affect job performance and the well -being of the employee, the employee's family, and the employee's co- workers. It is the intent of the City of Owasso to provide a safe and secure working environment for its employees and to aid those identified with drug and /or alcohol problems whenever possible in their treatment of those problems. Recognizing that the successful treatment must come from a cooperative effort between the employee, City, and professional providers, the City provides an Employee Assistance Program for employees to seek voluntarily or be referred to for such treatment. Therefore, it is imperative that an employee identified with a problem must adhere to recommended treatment programs or be held accountable for failure to do so. It is the policy of the City of Owasso to comply with all applicable state and /or federal laws in the administration of creating and sustaining a drug and alcohol free workplace. The City of Owasso's policy is further intended to comply with all state and federal laws governing drug and alcohol testing and is designed to safeguard employee privacy rights to the fullest extent of the law. It is the policy of the City of Owasso that the unlawful manufacture, distribution, dispensing, possession, use of, or being under the influence of, a controlled substance is prohibited in the workplace. (Such actions by an employee acting in his /her official capacity, within the boundaries of their job descriptions, may be exempt from this prohibition.) The City of Owasso may neither require nor allow an employee to perform job functions while under the influence of alcohol or the unlawful use of controlled substances. It is a condition of continued employment for an employee to abide by and comply with the terms of this statement and policy. Any employee determined to be in violation of this policy while on duty or when wearing a City of Owasso uniform, whether on or off duty, is subject to disciplinary action. The City of Owasso, pursuant to the Oklahoma Standards for Workplace Drug and Alcohol Testing Act, effective June 1993 and as amended, the Federal Drug -Free Workplace Act of 1988, and the Omnibus Transportation Employee Testing Act, effective 1991 and as amended; hereby declares and establishes the following Drug and Alcohol Testing Policy for employees of the City of Owasso (hereinafter referred to as the City). A period of thirty (30) days notice is given to employees before the implementation of the Drug and Alcohol Testing Policy set forth below. At such time as changes to the Policy may become necessary, the City will give employees at least thirty (30) days notice before the changes shall take effect. POSTING. The City shall post a copy of the Drug and Alcohol Free Workplace Policy and any changes to the policy, in a prominent employee access area in the place of employment and shall give a copy of the policy and any changes to the policy to each employee and to each applicant upon his or her receipt of a conditional offer of employment with the City. N 8 -1 DEFINITIONS. As used in this policy, the defining terms are as follows: A. "Alcohol" means ethyl alcohol or ethanol. B. "Applicant" means a person who has applied for a position with the City. C. "Authorized to Carry Firearms" shall refer only to those employees who are considered armed security guards under definitions of applicable state or federal laws. D. 'Breath alcohol technician (BAT)" means an individual who instructs and assists in the alcohol testing process and operates an evidential breath testing device (EBT). E. City" means the City of Owasso. F. "Commercial Motor Vehicle" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle: 1) Has a gross combination weight of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds, or 2) Has a gross vehicle weight rating of 26,001 or more pounds; or 3) Is designed to transport 16 or more passengers, including the driver; or 4) Is of any size and is used in the transportation of hazardous materials requiring placards. G. "Confirmation Test" means a drug or alcohol test on a sample to substantiate the results of a prior drug or alcohol test on the same sample and which uses different chemical principles and is of equal or greater accuracy than the prior drug or alcohol test. H. "Controlled Substances" shall mean alcohol as defined in item a) above and drug as defined in item k) below. I. 'Direct Contact with Inmates" shall mean those employees who transport or who supervise or direct any activity of inmate laborers provided through contract or contracts with the Oklahoma Department of Corrections. J. 'Driver" means any person who operates a commercial motor vehicle (CMV). For the purposes of pre- employment testing, the term driver includes a person applying to drive a commercial motor vehicle. K. 'Drug" means amphetamines, cannabinoids, cocaine, phencyclidine (PCP), hallucinogens, methaqualone, opiates, barbiturates, benzodiazepines, propoxyphen, synthetic narcotics, designer drugs, or a metabolite of any of the substances listed herein. L. 'Drug Interdiction Responsibilities" shall mean activities taken intended to bring about the total cessation of all illegal trade of drugs. Z M. "Drug or Alcohol Test" means a chemical test administered fof the purpose of determining the presence or absence of a drug or its metabolites or alcohol in a person's bodily tissue, fluids, or products. N. "Employee Assistance Program" or "EAP" means an in -house or contracted program which, at a minimum, provides drug and alcohol dependency evaluation and referral services for substance abuse counseling, treatment, or rehabilitation. The City of Owasso's Employee Assistance Program is operated under contract by CommunityCare of Oklahoma. For information, contact the Personnel Office. O. "Employee" means any person who is an employee of the City; for the purposes of this policy only, this will include volunteer firefighters and reserve police officers. P. "Engaged in Activities that Directly Affect the Safety of Others," as related to testing authorized under the Oklahoma Standards Act, shall include but not be limited to those employees who: 1) operate a motor vehicle or who might by required to operate a motor vehicle on the public streets or highways while engaged in business for or on behalf of the City; or 2) operate any motorized, wheeled vehicle or equipment capable of moving under its own power; or 3) engage in the collection, distribution, testing, or other handling of substances that might affect the health or safety of others following the employee's handling of those substances (i.e., water, wastewater, refuse, etc.); or 4) are involved in the determination, administration, compliance, or inspection for compliance of safety rules, regulations, laws, or ordinances; or 5) are responsible for the maintenance and operation of any motor vehicle or motorized, wheeled equipment as described above; or 6) are responsible for any type emergency response activities, including but not limited to police, fires, and emergency medical responses; or 7) are responsible for the dispatch of any above described employees. Q. "Medical Review Officer (MRO)" means a person, qualified by the State Board of Health, who is responsible for receiving results from a testing facility which have been generated by the City's drug or alcohol testing program, and who has knowledge and training to interpret and evaluate an individual's test results together with the individual's medical history and any other relevant information. R. "Police Officer or Peace Officer" shall mean any of the staff of persons employed by the City to enforce Federal, State, and municipal laws and ordinances for preserving the peace, safety, and good order of the community. S. "Random Selection Basis" means a mechanism for selecting employees for drug or alcohol testing that: 1) results in an equal probability that any employee from a group of employees subject to the selection mechanism will be selected, and 2) does not give the City discretion to waive the selection of any employee selected under the mechanism. 27 T. "Reasonable Suspicion" means a belief that an employee is using or has used drugs or alcohol in violation of the City's written policy drawn from specific objective and articulated facts and reasonable inferences drawn from those facts in light of experience, and may be based upon, among other things: 1) observable phenomena, such as: a. Physical symptoms or manifestations of being under the influence of a drug or alcohol while at work or on duty, or b. direct observation of drug or alcohol use while at work or on duty, 2) a report of drug or alcohol use while at work or on duty, provided by reliable, credible sources and which has been independently corroborated, 3) evidence that an individual has tampered with a drug or alcohol test during his employment or application for employment with the City, or 4) evidence that an employee is involved in the use, possession, sale, solicitation or transfer of drugs or alcohol while on duty or while on the City's premises or operating the City's vehicle, machinery, or equipment or privately owned vehicle while engaged in business for or on behalf of the City. U. "Safety- Sensitive Function," as related to testing under DOT mandates, means all the following specific activities and related activities: 1) All time waiting to be dispatched, unless the commercial motor vehicle driver has been relieved from duty by the employer. 2) All time inspecting equipment, or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time. 3) All time spent at the driving controls of a commercial motor vehicle. 4) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded. 5) All time spent performing the driver requirements associated with an accident. 6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle. V. "Sample" means tissue, fluid, or product of the human body chemically capable of revealing the presence of drugs or alcohol in the human body. W. "Screening Test" means an analytical alcohol testing procedure to determine whether an employee may have a prohibited concentration of alcohol in his or her system. In controlled substance testing, it means an immunoassay screen to eliminate "negative" urine specimens from further consideration. X. "Substance Abuse and Mental Health Services Administration (SAMHSA)" means that agency of the U.S. Department of Health and Human Services whose mission is to assure that quality substance abuse and mental health services are available to the people who need them and to ensure that prevention and treatment knowledge is used more effectively in the general health care system. W. Y. "Substance abuse professional (SAP)" means a licensed physician (Medical Doctor or Doctor of Osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of clinical experience in the diagnosis and treatment of alcohol and controlled substances- related disorders. Z. "Testing Facility" means any person, including any laboratory, hospital, clinic or facility, either on or off the premises of the City, which provides laboratory services to test for the presence of drugs or alcohol in the human body. AA. "Uniform" means the required or issued clothing for employees of the City that bears the Seal of the City or otherwise identifies the employee as working for the City. BB. "Workplace" means a place where active work, either temporary or permanent, is being conducted in connection with the business of the City; that is, where some process or operation related to the City is carried on and where any person is directly or indirectly employed by the City. 29 8 -2 TESTS REQUIRED UNDER THE U.S. DEPARTMENT OF TRANSPORTATION REGULATIONS A. Exceptions: 1) The City is not required to administer an alcohol test or controlled substance test if: a. The applicant has undergone an alcohol test within the previous six (6) months, with a result indicating a breath alcohol concentration less than 0.04 and meets the requirements of the DOT. b. The applicant has participated in a drug testing program within the previous thirty (30) days, that meets the requirements of the DOT, and c. While participating in that program, either: i. was tested for controlled substances within the pat six (6) months from the date of application, or ii. participated in a random controlled substances testing program for the previous twelve (12) months from the date of application, and iii. the City will check that no prior employer of the driver, of whom the City has knowledge, has records of a violation of another DOT agency within the previous six (6) months. B. Employee Testing_ Employees of the City will be subject to drug and/or alcohol testing under the applicable circumstances. 1) Reasonable Suspicion Testing. The City will require an employee to submit to drug and/or alcohol testing if there is reasonable suspicion that the employee is violating the City of Owasso Drug and Alcohol Detection, Intervention and Employee Assistance Policy. a. Observations of employee conduct while the employee is at work or on duty, which cause the City to require reasonable suspicion testing of an employee, shall be made by a supervisor or Department Director who has received training for the detection of symptoms or manifestations of being under the influence of a drug or alcohol. Testing will be required of all employees, regardless of classification when reasonable suspicion exists. b. The driver of a commercial motor vehicle may be directed to undergo reasonable suspicion testing while the driver is performing safety- sensitive functions, just before the driver is to perform safety - sensitive functions, or just after the driver has ceased performing such functions. c. If an alcohol test is not administered within two (2) hours following the determination that reasonable suspicion exists, the Personnel Department shall prepare and maintain on file a record stating the reasons the alcohol test was not properly administered. If an alcohol test is not administered within eight (8) hours following the determination, the City shall cease attempts to administer an alcohol test and shall cite in the record the reasons for not administering the test. 30 ARTICLE 24 SENIORITY (continued) E. Scheduling of comp time can not be more than one hundred and eighty days (180) days in advance and not less than two (2) days in advance unless such request does not create an undo hardship on the department. Section 5. In the event of a reduction in force, employees shall be laid off in the reverse order of seniority. Employees shall be recalled from layoff status by seniority to be determined from the original date of hire. Recall rights shall be preserved for a period of eighteen (18) months from the date of layoff. Notice of recall shall be mailed by certified mail to employees to their last place of residence shown on Employer's personnel records, as well as written notice shall be given on the same date to the Lodge President or his designated representative. Any employee who fails to report for duty within thirty (30) working days following receipt of notice of recall or within thirty (30) working days following attempted delivery of such notice or the same is unclaimed or otherwise not actually received, shall be deemed as having permanently terminated his employment. Section 6. The provisions of this Article shall be construed to encompass all seniority rights in existence on the effective date of this Agreement. 37 ARTICLE 26 INSURANCE Section 1. Each employee of the bargaining unit shall receive the same insurance benefit package that is provided to other City employees, including but not limited to: A - Hospitalization B - Medical C - Vision D - Dental E - Life The carriers of the preceding types of insurance will be determined by the Employer. All costs for Employee insurance coverage will be paid by the Employer. Members of the bargaining unit may elect, if applicable, dependent coverage for all of the above listed insurance, the cost for dependant coverage will be paid the same as is provided for other City employees. Section 2. The employer will pay to the Lodge the sum of $3.50 per month for each employee in the bargaining unit who is a policy holder of the Fraternal Order of Police Legal Defense Plan for the purpose of applying toward the premium costs of the same. (It is understood this is "additional" funding for legal defense insurance only and not assignable or re- assignable to or for any other purpose.) Section 3. The Lodge agrees to provide the City a copy of invoices from the insurer and a roster of members of the bargaining unit who are enrolled in the Fraternal Order of Police Legal Defense Plan by the fifth (5th) day of the month for the purposes of calculating the amount due the Lodge. ARTICLE 27 UNIFORM AND EQUIPMENT (continued) S. one (1) police equipment bag; T. two (2) metal report folders; U. two (2) metal citation folders; V. all nylon duty gear; W. and any other uniform or equipment that is required, including but not limited to special clothing and equipment necessary for K9 Officer, Motorcycle Officer and other specialized assignments. Section 4. Since employees are required to carry and use only approved ammunition, the Employer shall, during the term hereof, provide each employee fifty (50) rounds of Employer- approved hand -gun ammunition, same to be utilized only in the course of duty and, further, to those employees who have department issued or department approved shotguns, such employees shall receive ten (10) rounds shot -gun shells consisting of five (5) rounds #00 buckshot and five (5) rifled deer slugs. The Employer- approved duty ammunition shall be issued once a year to each employee, on or before December 15th. Section 5. The Employer shall provide each member of the bargaining unit a bullet- resistant vest of a design approved by the Chief with input from the Health and Safety Committee. Such vest shall be maintained by the Employer at no cost to the employee and shall be replaced in accordance with manufacturer's recommended replacement schedule. This item of safety shall be the sole property of the City of Owasso for a period of one year from the date of issue. After one year, the vest shall become property of the employee. In no case shall an employee be denied a replacement vest in the event the one in current use exceeds the manufacturer's suggested replacement schedule or becomes damaged. An individual employee may choose to purchase a bullet resistant vest of a make or model different from that selected by the Employer for issue. In the event such a selection is made, the Employer shall pay a portion of the cost equal to the cost of the vest issued by the Employer, provided, however, that such vest shall become the sole property of the Employer requiring no reimbursement whatsoever for a period of one year from date of purchase. After one year such vest shall become property of the employee. 41 ARTICLE 28 PERSONAL PROPERTY Section 1. The Employer shall repair, replace, or reimburse employee at Employer's expense, employee's personal property which is damaged, destroyed, lost or stolen, ordinary wear and tear excepted, while on duty unless it is shown by the Employer that the employee was negligent in incurring loss or damage to the personal property of employee. The maximum expense the Employer shall have by virtue to this Article shall be limited to $1,500.00 per officer, per incident. Said expense shall not include the cost of an officer's personal weapons that may need to be repaired or replaced. Section 2. In order to be eligible for repair, replacement, or reimbursement, all items of personal property must be on an inventory list which shall be maintained by the Chief of Police. Inventory lists including an estimate of value of each item shall be updated twice per year (July 15 and January 15). An employee may add to or delete from the list at any time. The total value of the items listed on the inventory shall not exceed $1,500.00, except by approval of the Chief of Police. Officer owned weapons shall be listed on the inventory list, but the weapons value shall not be counted toward the $1,500.00 maximum value. Weapons that may be carried on duty are those that are approved by policy. Clothing items that are worn on duty will be recognized as the uniform of the day and will not have to be listed on the inventory, in order to be covered. Section 3. When repair, replacement or reimbursement is requested, such request shall be accompanied by a report specifying the incident or actions surrounding the damage or loss. If damaged and recoverable, the employee shall present the damaged article to the Employer for inspection. If replaced, the salvaged item(s) shall become the property of the City of Owasso. Section 4. Repair, replacement or reimbursement will be at the employer's sole discretion. 43 AGREEMENT BETWEEN THE CITY OF OWASSO, OKLAHOMA A MUNICIPAL CORPORATION AND FRATERNAL ORDER OF POLICE LODGE NO. 149 July 1, 2007 - June 30, 2008 July 1, 2008 - June 30, 2009 TABLE OF CONTENTS Article 1 Purpose of Agreement ................................................. ............................... 3 Article 2 Authority and Term ..................................................... ............................... 4 Article 3 Savings Clause ............................................................ ............................... 5 Article 4 Gender Clause ............................................................. ............................... 6 Article 5 Mutual Responsibility to Avoid Discrimination ......... ............................... 7 Article 6 Prevailing Rights ......................................................... ............................... 8 Article 7 Management Rights and Responsibilities ................... ............................... 9 Article 8 Bargaining Units Rights and Security ....................... ............................... 11 Article 9 Prohibition of Strikes ................................................ ............................... 12 Article 10 Successors and Assigns ............................................. ............................... 13 Article11 Recognition ............................................................... ............................... 14 Article 12 Publication and Distribution ..................................... ............................... 15 Article 13 Grievance Procedure ................................................. ............................... 16 Article 14 Personnel Files .......................................................... ............................... 19 Article 15 Officer Bill of Rights ................................................. ............................... 21 Article 16 Safety and Health Committee .................................... ............................... 24 Article17 Honor Guard .............................................................. ............................... 25 Article 18 Dues Check Off ......................................................... ............................... 26 Article19 Promotions ................................................................ ............................... 27 Article20 Vacation .................................................................... ............................... 29 Article21 Holiday Pay ............................................................... ............................... 30 Article22 Sick Leave ................................................................. ............................... 31 Article 23 Work Schedule .......................................................... ............................... 33 Article24 Seniority .................................................................... ............................... 36 Article 25 Retirement and Pension ............................................. ............................... 38 Article 26 Insurance ................................................................... ............................... 39 Article 27 Uniform and Equipment ............................................ ............................... 40 Article 28 Personal Property ...................................................... ............................... 43 Article 29 Temporary Assignment ............................................. ............................... 44 Article 30 Education Incentive ................................................... ............................... 45 Article31 Longevity Pay ............................................................ ............................... 47 Article 32 Detective "On -Call" Pay ........................................... ............................... 48 Article 33 Compensation ............................................................ ............................... 49 Article 34 Drug and Alcohol Testing ......................................... ............................... 53 Article 35 Wellness Program ..................................................... ............................... 54 SignaturePage ........................................................... ............................... 55 2 ARTICLE 1 PURPOSE OF AGREEMENT It is the intent and purpose of this Agreement, entered into by and between the CITY OF OWASSO, OKLAHOMA, hereinafter referred to as EMPLOYER, and LODGE NO. 149, FRATERNAL ORDER OF POLICE, hereinafter referred to as LODGE, to achieve and maintain harmonious relations between the parties hereto and to provide for the equitable and orderly adjustment of grievances which may arise during the term of this Agreement. 3 ARTICLE 2 AUTHORITY AND TERM Section 1. The Employer and Lodge have, by these presents, reduced to writing the collective bargaining agreement resulting from negotiations entered into by the Employer and the Lodge. Section 2. This Agreement shall become effective on the 1st day of July, 2007 and shall remain in full force and effect until midnight, June 30, 2008. The Employer and the Lodge agree that on or before June 30, 2007 each shall ratify all articles of this agreement to provide for a continuation of this agreement for fiscal year July 1, 2008 to June 30, 2009 or until replaced by a successor Agreement. Section 3. Whenever wages, rates of pay, or any other matters requiring appropriation of monies by the Employer are included as a matter of collective bargaining, it is understood by the parties hereto that this agreement shall serve as notice to collectively bargain for all issues and compensation for the following fiscal year, in lieu of written notice, pursuant to O.S.A. 11, (1994) 51 -101, et eq. Section 4. It shall be the obligation of the Employer and the Lodge to meet the first business day of March or within ten (10) days thereof to negotiate in good faith with representatives of the Lodge and Employer. Section 5. In the event the Lodge and the Employer are unable to reach an agreement within thirty (30) days from and including the date of the first meeting, any and all unresolved arbitrable issues may be submitted for mediation before arbitration at the request of either party. L, ARTICLE 3 SAVINGS CLAUSE Section 1. If any provision of this Agreement or the applications thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or applications and, to this end, the provisions of this Agreement are severable. Section 2. It is understood that the articles included herein constitute a complete understanding of all the terms and conditions of employment to be governed by this Agreement during the contract period and it cannot be altered in any manner save by the complete written concurrence of the parties subscribing hereto. Section 3. Any appendices to this Agreement shall be numbered, dated and signed by the Employer and the Lodge and shall be subject to the provisions of this Agreement, and all appendices shall become a part of this Agreement as is specifically set forth herein. Section 4. It is understood that all time limits found in this Agreement may be extended by mutual concurrence. Section 5. In the event an Agreement is not made for the fiscal year 2009 -2010 this Agreement will remain in effect until such time as one is made in succession. ARTICLE 4 GENDER CLAUSE "Gender ". A word importing one gender only shall extend and be applied to both genders. ARTICLE 5 MUTUAL RESPONSIBILITY TO AVOID DISCRIMINATION Section 1. Nothing in this Agreement shall be interpreted as diminishing the obligation of both parties to undertake affirmative action to insure that applicants or employees are treated without regard to race, color, religion, sex, size, national origin, status of Lodge membership, or political affiliations. Specifically, pursuant to Equal Employment Opportunity Commission Guidelines, each party is obligated to take positive action in affording equal employment, training and promotional opportunities to all members, as required by Title VII of the Civil Rights Act of 1964, as amended. Additionally, nothing in this Agreement shall be interpreted as diminishing the obligation of both parties to comply with the provisions of the Fair Labor Standards Act, or the Americans with Disabilities Act, or any duly adopted Department of Labor Regulations promulgated thereunder. Section 2. In the event that any portion of this Agreement unintentionally conflicts with the Employer's capability to be in compliance with said Acts, the EEOC Guidelines and Department of Labor Regulations will be over -riding to that portion of this Agreement. 7 ARTICLE 6 PREVAILING RIGHTS Section 1. All rules, regulations, fiscal procedures, working conditions, departmental practices and manner of conducting the operation and administration of the Owasso Police Department currently in effect for and with respect to the members of the Police Department on the effective date of this Agreement shall remain in full force and effect, unchanged and unaffected in any manner, unless and except as modified or changed by the specific terms of this Agreement. Section 2. It is understood by the parties hereto that the portions hereof regarding Safety and Health Committee as well as departmental practices, as previously stated, are subject to a modification by adoption of an appropriate ordinance, personnel manual or departmental procedure and negotiation. By reason thereof, upon promulgation by the Employer of the Accident Review Board, together with the practices, procedures and policies therein, as well as promulgation of the Owasso Police Department Operations Manual, the Lodge, upon notification of such by the Employer, shall re -open negotiations between the parties whereby inclusion of said matters shall be negotiated between the parties. ARTICLE 7 MANAGEMENT RIGHTS AND RESPONSIBILITIES Section 1. Lodge recognizes the prerogative of the Employer to operate and manage its affairs in all respects and in accordance with its responsibilities, and the power or authority which the Employer has not officially abrogated, delegated, granted or modified by this Agreement is retained by the Employer, and all rights, powers and authorities the Employer had prior to the signing of this Agreement are retained by the Employer, and remain exclusively and without limitation within the rights of the Employer. Section 2. Except as may be limited within this agreement, the Employer retains the rights in accordance with the Constitution, the laws of the State of Oklahoma, and Charter of the municipality and the responsibilities and duties contained in the laws of the State of Oklahoma and the ordinances and regulations promulgated there under. A. To determine Police Department policy including the rights to manage the affairs of the Police Department in all respects; B. To assign working hours, including overtime; C. To direct the members of the Police Department, including the right to hire, promote or transfer any employee; D. To discipline, suspend, or terminate any employee, as provided for in this agreement, provided that just cause shall be the standard for any discipline, suspension or termination; E. To determine the organizational chart of the Police Department, including the right to organize and reorganize the Police Department and the determination of job classifications and ranks based upon duties assigned; F. To determine the safety, health and property protection of the Police Department; G. To allocate and assign work to all Employees within the Police Department; H. To be the sole judge of qualifications of applicants and training of new Employees; I. To schedule the operations and to determine the number and duration of hours of assigned duty per week; J. To establish and enforce Police Department rules, regulations and orders; 9 ARTICLE 7 MANAGEMENT RIGHTS AND RESPONSIBILITIES (continued) K. To introduce new, improved, or different methods and techniques of Police Department operation or change existing methods and techniques; L. To determine the amount of supervision necessary; M. To control the departmental budget; N. To take whatever actions may be necessary to carry out the mission of the Employer in situations of emergency. 10 ARTICLE 8 BARGAINING UNIT RIGHTS AND SECURITY Section 1. Bulletin Boards. The Employer shall provide space in all Police Stations for Lodge bulletin boards. No materials of a subversive or derogatory nature or political endorsements shall be posted. The location of such Bulletin Boards shall be mutually agreed upon by the Employer and the Lodge and shall not cover more than sixteen square feet. The Bulletin Boards and items posted are the sole property of the Lodge. Section 2. Members of the Lodge will be allowed to attend Lodge functions within the city, while on duty without loss of pay. However, members will be subject to call out. Section 3. Members of the Lodge may be given time off for lodge functions. After written notice to the Chief of Police, Lodge Representatives may be granted time off without loss of pay to conduct bonafide Lodge business. For business outside the city limits, Employer shall make schedule adjustments to insure that Lodge Officers' days off or compensation time will be scheduled during the time of the Lodge business. Such schedule adjustments shall not be unreasonably withheld. Section 4. The Chief of Police may grant leave with pay to Lodge Representatives to conduct Lodge business which mutually benefits the Lodge as well as the Police Department. 11 ARTICLE 9 PROHIBITION OF STRIKES Section 1. The Lodge and the Employer are well aware of the public policy and the necessity that there shall be no strikes or other action which would tend to disrupt the provision of those services traditional to Employer's business; in that the public policy of the State of Oklahoma has been expressly stated by the Oklahoma Legislature and codified as Title 11 O.S. Section 51 -111, as amended that statutory provision is deemed to provide the spirit and intent under which the following sections of this article are provided and the parties hereto are bound. Section 2. Neither the Lodge, nor any of its officers, agents, or employees, or any of the employees for which it bargains, shall in any manner coerce, intimidate, instigate, induce, sanction, suggest, conspire with, promote, support, engage in, condone, or encourage any person to participate in any strike, work stoppage or slowdown. The Lodge shall not aid or assist any persons or parties engaging in the above prohibited conduct, nor shall the Lodge provide funds, financial and other assistance for the conduct or direction of such activities for the payment of strike, unemployment, or other benefits to those persons participating in such prohibited conduct and activities; provided, however, that the Lodge may provide legal representation for itself or persons accused of such activities, or for any purpose it may deem necessary. Section 3. Upon notification confirmed in writing, by the Employer to the Lodge that certain of its members are engaging in a strike, the Lodge shall immediately, in writing, order such members to return to work at once and provide the Employer with a copy of such an order and responsible officials of the Lodge shall publicly order them to return to work. Such characterization of strike by the Employer shall not establish the existence of a strike. Such notification by the Lodge shall not constitute an admission by it that a strike is in progress or has taken place or that any particular member is or has engaged in a strike. The notification shall be made solely on the representation of the Employer. In the event that a strike occurs, the Lodge agrees to take all reasonable effective and affirmative action to secure the members return to work as promptly as possible. The Lodge shall not be in breech of this agreement where the acts or actions hereinbefore enumerated are not caused or authorized by the Lodge. 12 ARTICLE 10 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the successors and assigns of the parties hereto during the term of this Agreement; and no provisions, terms or obligations herein contained shall be affected, modified, altered or changed in any respect whatsoever by any change of any kind in the ownership of management of either party hereto, or by any change geographically of place of business of either party hereto. 13 ARTICLE 11 RECOGNITION The Employer recognizes the Lodge as the exclusive bargaining agent for all police officers, except the Chief and one designated Administrative Assistant. The Lodge shall be advised in writing who the Chief's Designated Administrative Assistant is, within ten (10) days after this agreement takes effect. In the event there is no Designated Administrative Assistant appointed, the Lodge will be so notified. 14 ARTICLE 12 PUBLICATION AND DISTRIBUTION The City shall provide the Lodge with four (4)- unbound copies of the contract for fiscal year 2007 -2009. The cost of publication shall be born by the Employer. 15 ARTICLE 13 GRIEVANCE PROCEDURE Section 1. It is the intent of the parties to this Agreement to prevent grievances and to settle any which may occur as fairly and promptly as practical. Therefore, it is agreed that there should be time limits between the initiation of a grievance and its occurrence and between steps of the grievance procedure and the time in which each answer must be given. All time limits set forth in this Article may be extended by mutual consent, but if not so extended, they must be strictly observed. If a party fails to pursue any grievance within the time limits provided, he shall have no further right to continue the grievance. Further, this article is not intended to limit the parties' right to grieve or arbitrate any matter which would otherwise be subject to arbitration by statute. Section 2. The Lodge or any employee covered under this Agreement may file a grievance within twenty (20) days of alleged occurrence, as hereinafter defined, and shall be afforded the full protection of this Agreement. Section 3. The Lodge President or his authorized representative, may report an impending grievance to the Chief of Police in an effort to forestall its occurrence. Section 4. Any controversy between the Employer and the Lodge or any employee concerning the interpretation, enforcement or application of any provisions of this Agreement, concerning any of the terms or conditions of employment contained in this Agreement, shall be adjusted in the following manner: A. The grievance shall be discussed by the employee with the Chief or the Chief of Police's designated representative. Said employee's Lodge President, or his alternate, shall be present at said discussion. The answer shall be orally submitted by the Chief or his designated representative, within ten (10) calendar days to the employee(s) involved and to the Lodge President. B. If the grievance is not settled by the provision of Section 4A, it shall be submitted in writing by the Lodge to the Chief of Police within twenty (20) calendar days from the receipt of oral answer with a possible solution to said grievance. C. The Chief of Police shall submit his reply in writing to the employee involved and to the Lodge President or designate within ten (10) calendar days. If the grievance has not been settled within that time, both the grievance and solution recommended by the Lodge shall be sent to the City Manager for adjustment. Said grievance and recommended solution shall be submitted to the City Manager within (20) twenty calendar days of the Chief's reply. 16 ARTICLE 13 GRIEVANCE PROCEDURE (continued) D. The City Manager shall submit his answer in writing to the Police Chief, the employee involved and the Lodge President or designate within ten (10) calendar days. If the City Manager and the Lodge President or designate have not settled the grievance within that time, it shall then be submitted to arbitration for adjustment as follows: 1. The parties shall jointly request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service within ten (10) calendar days. 2. Within ten (10) calendar days from the receipt of such panel, a representative of the Lodge and the Employer shall meet and alternately strike names until one (1) arbitrator remains who shall be selected as the impartial arbitrator. The party requesting arbitration shall strike the first name. 3. Upon notification of the Federal Mediation and Conciliation Service of the selection of the arbitrator and the arbitrator is contacted, the date for the arbitration hearing shall be requested to be set subject to the earliest availability of the selected arbitrator. 4. The arbitrator shall be requested to issue a written opinion containing findings and recommendations with respect to the issues presented, within twenty (20) calendar days after the conclusion of the hearing. A copy of the opinion shall be mailed or delivered to the Lodge and Employer. 5. With respect to the interpretation, enforcement, or application of the provisions of this Agreement, the decision, findings, and recommendations of the arbitrator shall be final and binding on the parties of this Agreement. 6. The arbitrator's authority shall be limited to the interpretation and application of the terms of this Agreement and /or any supplement thereto. The arbitrator shall have no jurisdiction to establish provisions of a new Agreement or variation of the present Agreement or to arbitrate away, in whole or in part, any provision or amendments thereof. This shall not preclude individual wage grievances. 7. The cost of the impartial arbitrator shall be shared equally between the Lodge and the Employer. If a transcript of the proceedings is requested, the party so requesting shall pay for it. 17 ARTICLE 13 GRIEVANCE PROCEDURE (continued) Section 5. It is specifically and expressly understood that filing a grievance under this Article which has as its last step, final and binding arbitration, constitutes an election of remedies and a waiver of any and all rights by both parties, the Lodge or other representatives of the party, to litigate or otherwise contest the last answer rendered through the Grievance Procedure in any court or their appeal forum. IN ARTICLE 14 PERSONNEL FILES Section 1. Personnel files for employees shall be maintained exclusively by the Human Resources Office. It is agreed that if materials concerning investigations, complaints, and reprimands, for violations of any rules, regulations or policies, or other materials that might be considered detrimental to the employee's position, advancement or future with the department are to be placed in the employee's personnel files, the Employer shall notify the employee of said action and the employee shall be given the proper opportunity to appeal such action before it becomes a part of his personnel files. Section 2. Any Employee shall be allowed to review his personnel files under supervision at any reasonable time upon written request to the Human Resources Office and notice to the Police Chief. The employee requesting review of their personnel file shall schedule an appointment with the Human Resources Office. Section 3. Recognizing that disciplinary actions provide a basis for training and counseling and are not meant to perpetually penalize an employee, the following procedure is hereby established: Procedure: A. Employees may request that disciplinary actions be sealed according to the following schedule: 1. Written reprimands and notice of oral reprimands with no recurrence after one (1) year may be sealed. 2. Suspensions three (3) days or less than three (3) days, without recurrence, after eighteen (18) months. Suspension more than three (3) days, without recurrence, after two (2) years. B. Requests for sealing of disciplinary actions should be directed to the office of the Chief of Police. C. Sealing shall include all memos, letters, correspondence, complaint forms and any other written or electronically recorded material pertaining to the action. D. Sealing shall not include any material related to criminal offenses for which the employee was charged except in concurrence with the sealing or expungement of criminal charges by a court of competent jurisdiction, or except in the event of complete exoneration of the employee by the court. 19 ARTICLE 14 PERSONNEL FILES (continued) E. The City Human Resources Department shall be notified in all cases where sealing of disciplinary action is taken. Any authorized Police Department and City Personnel files will be sealed or destroyed accordingly. F. The sealed action shall not be held to discriminate against the employee in any subsequent disciplinary action, or in the event of impending promotion, merit step raise, transfer, special requests, modification of duty, vacation selection, application for other employment, or against any other action the employee may take for his personal improvement or betterment. G. Once sealed, the file shall not be opened unless the employee requests such unsealing; however, the employee may not review investigative reports pertaining to the actions; or at the discretion of the Chief of Police who may deem it necessary to the employee's welfare to do so; but, in any case, the employee is to be notified of the opening of the sealed file and the reason therefore. H. All unfounded, exonerated, not sustained, and no finding complaints will be removed from the employee's personnel file and may be maintained in a separate file by the Human Resources Department, for a period of no more than five (5) years from the date of the alleged occurrence. 20 ARTICLE 15 OFFICER BILL OF RIGHTS Section 1. The Chief of Police shall establish and put into operation a system for the receipt, investigation, and determination of complaints against Police Officers received by such Chief of Police from any person. Section 2. Whenever an Officer is under investigation and is subject to interrogation by members of his agency, for any reason which could lead to disciplinary action, demotion, or dismissal, or is a witness to any such incident such interrogation shall be conducted under the following conditions: A. Interrogation: When an Officer is under investigation by the Owasso Police Department for a complaint received, and is to be interrogated in respect to such complaint by other members of the department when there is a logical possibility that suspension, demotion, or dismissal may result, such interrogation shall be conducted as follows: B. When an Officer is to be interrogated or interviewed as a witness in an investigation by the Owasso Police Department for a complaint received, and is to be interrogated or interviewed in respect to such complaint by other members of the department when there is a logical possibility that suspension, demotion, or dismissal may result for an officer, such interrogation or interview shall be conducted as follows: 1. The Officer shall be notified of the name of all complainants, and the purported aggrieved person. Such notification shall accompany the notice of investigation. Absent an identified complainant, no member of the Department can stand in as the complainant or aggrieved person, in order to protect the identity of the complainant or aggrieved person. The only exception shall be in the instance of criminal complaints against an officer. The employee may request to be confronted by the complainants. This shall be allowed where deemed necessary by the employee or the investigating Officer. 2. Preliminary discussions with supervisory personnel within the Police Department, in relation to a complaint received, shall not be considered as interrogation as used herein. 3. The Officer being interrogated / interviewed shall be informed of the rank, name, and command of the Officer in charge of the investigation, the interrogating Officer or identity of any agent acting on behalf of the Officer in charge of the investigation, and all persons present during the interrogation. All questions directed to the Officer being interrogated / interviewed shall be asked by and through any one interrogator at any one time. 21 ARTICLE 15 OFFICER BILL OF RIGHTS (continued) 4. The Officer being interrogated / interviewed shall be informed of the nature of the investigation prior to any interrogation / interview. 5. Interrogation / interview sessions shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonably necessary. 6. The Officer being interrogated / interviewed shall not be subjected to offensive language or threatened with transfer, dismissal, or disciplinary action. No promise or reward shall be made as an inducement to obtain testimony or evidence. 7. The Officer being interrogated / interviewed shall be completely informed of all his rights pursuant to this procedure prior to the commencement of the interrogation and of his responsibility to answer all questions, and this notification shall be included on the tape recording or written record of the session. 8. At the request of any Officer being interrogated / interviewed, he shall have the right to be represented by counsel or any other representative of his choice who may be present at all times during such interrogation, at no additional expense to the Employer. 9. Interrogation / interviewing of Officers may be taped or recorded in written form at the discretion of the investigating Officer. Officers being interrogated / interviewed may record the proceedings with his own equipment or record at his own expense. Records and tapes compiled by the department shall be exclusively retained by the department as confidential information, but may be used at the discretion of the Employer in administrative hearings or for other administrative purposes. C. An Officer under investigation shall receive written notification from the investigating Officer or the Chief of Police as to the determination of the investigation. Should an Officer be disciplined by suspension, demotion, dismissal, transfer, or reassignment arising from an investigation, he shall be notified in writing as to the action being taken and the reasons therefor. D. No Officer shall be discharged, disciplined, demoted, or denied promotion, or transfer, or reassignment, or otherwise be discriminated against in regard to his employment, or be threatened with any such treatment, by reason of his exercise of the rights granted by this contract. 22 ARTICLE 15 OFFICER BILL OF RIGHTS (continued) E. Any and all questions shall be narrowly focused on the subject of the complaint. Questions shall be relevant and pertinent to the original complaint. If any additional violations surface, the investigator shall consult with the Chief of Police prior to investigating the newly uncovered violation. The Officer being investigated / interviewed shall be informed in writing at that time that the investigation is being expanded to include the additional violations. F. Disputes, disagreements, or grievances resulting from any lack of clarity in language, shall be resolved through the grievance process. G. Officers are afforded any and all rights, protections, and guaranties, granted to any employee by the Constitution of the United States, State of Oklahoma, and including any and all Federal, State, and Municipal laws, and ordinances. 23 ARTICLE 16 SAFETY AND HEALTH COMMITTEE Section 1. The Employer and the Lodge agree to cooperate to the fullest extent in the promotion of safety and health, on the Employer's premises and while carrying out this mission of the Employer and the duties of the employees. For this purpose, it is agreed to establish a safety and health committee to consist of two (2) members appointed by the Lodge, two (2) members appointed by the Chief of Police and one (1) member mutually agreed upon by the appointed members. Section 2. The Safety and Health Committee shall have the authority to conduct on -site inspections of equipment, buildings and other related areas to the occupational environment of the bargaining units. They shall also have the latitude to make studies of safety equipment and practices and to conduct investigations into health hazards that may be appropriate to protect the Employer's interest as it may relate to Worker's Compensation or other liability inherent to occupational diseases and injury and to protect the member's rights to a safe employment environment. At the discretion of the Chief of Police and the availability of manpower, members of the committee shall be excused from duty for the work of the committee. Section 3. The Employer agrees to make every effort to correct safety hazards or unsafe working conditions as recommended by the Safety Committee. 24 ARTICLE 17 HONOR GUARD An Honor Guard consisting of Six (6) Officers shall be selected by the Lodge. The composite of the Honor Guard shall be subject to approval of the Chief of Police. All necessary attire and equipment shall be furnished by the City. The function of the Honor Guard shall be to serve at official gatherings, such as the arrival of Dignitaries, Police Officer Funerals, State Memorial Service and any other special events as approved by the Chief of Police. Up to four (4) members of the Honor Guard shall be allowed time off with pay for each event, subject to approval of the Chief of Police. 25 ARTICLE 18 DUES CHECK OFF Section 1. The Employer agrees to deduct regular monthly Lodge dues from earned wages of those employees who are in the bargaining unit and who have provided written authorization to the City for said deduction. The deduction shall be made from each paycheck in an amount certified to be correct by the Secretary of the Lodge no later than the close of the workday following each payday after the deduction is made. The payroll deduction shall be revocable by the employee by notifying the Employer in writing. The Employer will notify the Lodge, in writing, of any revocation. Section 2. The Employer will deduct only Lodge dues from the employee's paycheck and will not deduct initiation fees, special assessments, fines or any other deductions except for dues. In the event of an increase or decrease in Lodge dues, the Lodge will give the Employer thirty (30) days notice in order to allow the Employer to make the proper changes in its accounting records. No deductions will be made when the salary to be paid an employee is not sufficient to cover the amount deducted. Section 3. The Employer will provide the Lodge Secretary a detailed report showing all employees by name and deduction amount each pay period. Section 4. All deductions will be for the month in which they are taken. All deductions refundable at the time of termination or resignation will be refunded by the Lodge. The Employer shall not be responsible for errors. In case an error or improper deduction is made by the Employer, a proper adjustment of the same shall be made by the Lodge with the employee affected. Section 5. The Lodge shall indemnify, defend and hold the Employer harmless against any claims made and against any suits instituted against the Employer on account of payroll deduction of Lodge dues. Section 6. This service shall be provided at no expense to the Lodge or its members. 26 ARTICLE 19 PROMOTIONS Section 1. There is created for promotion purposes a "Promotions Policy /Procedure" regarding officer promotions within the Owasso Police Department. The standard requirements to be eligible for testing/promotion to the below listed ranks shall be as follows: A. Sergeant: Must be a certified police officer with at least three (3) years experience as a police officer with the City of Owasso immediately prior to testing. B. Lieutenant: Must be a Sergeant with at least two (2) year experience in the rank with the City of Owasso immediately prior to testing. C. Captain: Must be a Lieutenant with at least two (2) years experience in that rank prior to testing. The City may, at its discretion, advertise for this position providing that all advertising for this position shall occur seven (7) days after the internal posting. D. Any officer with eight (8) years experience as a police officer with the City of Owasso immediately prior to testing may take either or both tests for Sergeant or Lieutenant position. Section 2. Promotional tests shall be divided into the following three (3) categories and weighted accordingly: A. Written Test 1. 50% of total score 2. All written testing will be written and scored by the International Association of Chiefs of Police or the International Personnel Management Association. B. Oral Test 1. 40% of total score 2. The Oral Testing Board will consist of five officers of equal or higher rank than that being tested, who are employed by other police agencies that are the same size or larger than the Owasso Police Department and outside the Tulsa Metropolitan Area. 27 ARTICLE 19 PROMOTIONS (continued) 3. The Oral Testing Board will receive a "fact sheet" for every promotion candidate. The fact sheet will contain the following information: i. Date of Employment and tenure at current rank. ii. Awards /Commendations received. iii. Discipline Actions (in compliance with the collective bargaining agreement). iv. College/University degree level and major. 4. Each officer will be allowed to insure the "fact sheet" is correct and complete prior to testing. C. Written Exercise 1. 10% of total score 2. The written exercise shall consist of a hand written exercise, which shall be graded for grammar and sentence structure by an English professor from a local College /University. 3. Each candidate's assignment will be given a control number to prevent the professor from identifying the applicant. Section 3. Upon completion of all testing it is agreed that the promotions shall be offered in the following manner for the listed position: A. Sergeant: The candidate with the highest score at the completion of testing. B. Lieutenant: The candidate with the highest score at the completion of testing. C. Captain: The top two (2) candidates with the highest score at the completion of testing shall be eligible and presented to the Chief of Police. The Chief of Police will select the lieutenant from the top two candidates. Section 4. Promotional Test will be valid for one (1) year from the date the eligibility list is posted. Any vacancies occurring during that year will be filled from qualified applicants on the promotional list. Section 5. One representative from the Bargaining Unit and one representative from the Owasso City Management shall be present throughout each testing portion of the process to evaluate the process and recommend any future changes to the process. ►: ARTICLE 20 VACATION Section 1. Employees within the bargaining unit shall receive paid vacation in accordance with the following, to -wit: YEARS OF EMPLOYMENT VACATION LEAVE METHOD OF ACCUMULATION MAXIMUM ACCUMULATION 1 - 4 96 hours 8 hours /month 260 hours 5 - 9 120 hours 10 hours /month 296 hours 10-14 144 hours 12 hours /month 356 hours 15 - 19 168 hours 14 hours /month 404 hours 20 - OVER 192 hours 16 hours /month 452 hours Section 2. Accumulation. The employee of the bargaining unit shall be allowed to accumulate unused vacation leave for use in following years to the extent set forth in the chart above. Section 3. In the event a request to use vacation leave is denied and such denial results in the loss of further accruals, the officer having been denied the use of vacation leave shall be compensated in salary an amount equal to his regular rate of pay times the amount of accruals lost. 29 ARTICLE 21 HOLIDAY PAY Section 1. Compensation. Each employee of the bargaining unit shall receive as, and for, holiday pay the sum of ninety -six (96) hours times such employee's regular rate of pay. Such holiday pay shall be paid in two (2) separate checks or warrants of forty -eight (48) hours on the first paydate in the month of December, and forty -eight (48) hours on the first paydate in the month of June of the current fiscal year. Those employees of the bargaining unit scheduled to work and actually having worked on a holiday shall, in addition to the holiday pay above referenced, receive such employee's regular straight time pay for such day worked. Section 2. Prorated Pay. For those employees who are not employed for the entire six month period prior to the aforementioned first paydate in the month of December or the first paydate in the month of June, holiday pay will be calculated using the number of months employed divided by 6 months (the "holiday pay" period) multiplied by forty -eight (48) hours (as stipulated by contract). Section 3. Each employee of the bargaining unit shall have the option of receiving forty eight (48) hours payable in June as leave time in lieu of the holiday pay check in June. If elected, this leave time will be added to the employee's vacation balance. 30 ARTICLE 22 SICK LEAVE Section 1. Sick leave may be taken when an employee is unable to perform his duties because of personal illness, off-the-job injury or for necessary care and attendance of a member of the employee's immediate household or when an employee might expose or jeopardize the health of others. Employees may elect to have such time off deducted from personal compensatory time reserves in lieu of sick time at the discretion of the employee. Immediate supervisors must be notified at least one (1) hour prior to starting time. An employee may be subject to disciplinary action for failure to notify his supervisor of absence. Section 2. Accrual of Sick Leave. Each member of the bargaining unit shall accrue sick leave at the rate of nine and one quarter (9 1/4) hours for each complete month of service. Each employee of the bargaining unit shall be allowed to accumulate a maximum of 1105 hours of sick leave. Section 3. Doctor's Certificate. If an employee is ill for three (3) consecutive days, the employee shall, upon request and at the City's expense, furnish a doctor's certificate as a condition precedent to being granted sick leave. The certificate shall attest to the sickness or injury and verify the employee's fitness for return to work. Section 4. Misuse of Sick Leave. Any employee who misuses the sick leave privilege may be dismissed as well as be denied pay for the day. Section 5. Pregnancy. Pregnancy shall be treated as any other condition in regard to sick time. However, for an employee engaged in hazardous or emergency services, a doctor's certificate shall be required after the sixth month and each month thereafter for the duration of the pregnancy, stating the employee's ability to continue her regular duties without limiting her performance. Section 6. Emergency Leave. In the event of death, serious injury, serious or contagious illness in an employee's immediate family, the employee shall be granted emergency leave. This emergency leave shall be a leave with pay, but shall be charged to either sick leave, vacation leave, or compensatory time at the discretion of the employee. Section 7. Immediate family as utilized in the sick leave and emergency leave provisions above stated shall be understood to mean husband or wife, father or mother of employee or spouse, sister or brother of employee or spouse, grandparents of employee or spouse, children or legally adopted children of husband or wife or both. Any other person whose relationship could justify the employee's absence may require special approval by the Chief of Police. 31 ARTICLE 22 SICK LEAVE (continued) Section 8. An employee upon retirement shall be paid an amount equal to fifteen percent (15 %) of their accrued sick leave calculated at the employee's rate of pay at the time of disbursement. An employee may instead convert fifteen percent (15 %) of their accrued sick leave to terminal leave. In order to be eligible for this benefit the employee must provide the City sufficient notice of pending retirement and election option. Said notice to be not less than ninety (90) days prior to expected date of retirement. Section 9. In the event of the death of the employee, said employee's beneficiary shall receive payment equal to one hundred percent (100 %) of the employee's accrued sick leave. 32 ARTICLE 23 WORK SCHEDULE Section 1. There is hereby designated by the employer a regular fourteen- (14) day work period for all employees which will consist of eighty -five and one half hours (85 %2). Section 2. The Patrol Division of the Owasso Police Department will be organized into three squads and each squad into two shifts to work scheduled hours each work period as follows: Squad one / Shift One (Day Shift) Week 1: Scheduled Work Hours 0700 to 1900 Sunday, Monday, Tuesday, Wednesday Scheduled Days Off Thursday, Friday, Saturday Week 2: Scheduled Work Hours 0700 to 1900 Sunday, Monday, Tuesday Scheduled Days Off Wednesday, Thursday, Friday, Saturday Squad One / Shift Two (Night Shift) Week l: Scheduled Work Hours 1900 to 0700 Sunday, Monday, Tuesday, Saturday Scheduled Days Off Wednesday, Thursday, Friday Week 2: Scheduled Work Hours 1900 to 0700 Sunday, Monday, Tuesday Scheduled Days Off Wednesday, Thursday, Friday, Saturday Squad Two / Shift One (Day Shift) Week 1: Scheduled Work Hours 0700 to 1900 Thursday, Friday, Saturday Scheduled Days Off Sunday, Monday, Tuesday, Wednesday Week 2: Scheduled Work Hours 0700 to 1900 Wednesday, Thursday, Friday, Saturday Scheduled Days Off Sunday, Monday, Tuesday Squad Two / Shift Two (Night Shift) Week l: Scheduled Work Hours 1900 to 0700 Wednesday, Thursday, Friday Scheduled Days Off Sunday, Monday, Tuesday, Saturday Week 2: Scheduled Work Hours 1900 to 0700 Wednesday, Thursday, Friday, Saturday Scheduled Days Off Sunday, Monday, Tuesday Section 3. There shall be one and one half (1.5) hours per fourteen (14) day work period that may be utilized as briefing time for the Patrol Division. Said briefing time shall be contiguous with the regular scheduled work hours, as scheduled by the Chief of Police. 33 ARTICLE 23 WORK SCHEDULE (continued) Section 4. The following exemptions shall apply to the work period criteria provided for in this article. Under no circumstances are any exemptions, other than those specifically designated in this section of this article, allowable under this agreement. A. Employees, upon approval by the Chief of Police, shall be allowed to trade a shift or partial shift with another employee as provided for by F.L.S.A. B. Any employee requesting training opportunities may request and be granted, by the Chief of Police, a change in their regular days off and /or work hours in order to attend such training opportunities. C. Detectives may, solely at their request, alter their work hours and /or work days, upon approval by the Chief of Police, due specifically to case load and /or investigative necessity. This does not include coverage for absent officers. D. Trainees, while in Field Training Program, may be required to change shift hours and days off to accommodate such training schedule. E. Lieutenants may, solely at their request, alter their work hours and /or work days, upon approval by the Chief of Police, due to assigned case load or operational demands of the department as determined by the Chief of Police. This does not include coverage for absent officers. F. Designated Community Policing Officers may, solely at their request, alter their work hours, and /or workdays upon approval by the Chief of Police. G. School Resource Officers will work a schedule established by the Owasso Public Schools from August 16 to May 31 of each year. School Resource Officers will be assigned to a shift by June 1 of each year at the discretion of the Chief. The School Resource Officer will work the assigned shift from June 1 to August 15 and the assigned shift will not change during that time period. Section 5. Any hours worked in excess of eighty -five and one half (85 1/2) hours per work period or any time worked in excess of the herein designated work week shall be compensated at the rate equal to one and one -half (1 1/2) times the employee's regular hourly rate of pay or compensatory time at the same rate. The type of compensation will be at the sole discretion of the Officer. It is agreed that an employee will not be required to take off from the regular working hours to avoid overtime compensation or compensatory time. If an Officer accrues more than 150 hours of compensatory time, the manner of compensation shall be at the discretion of the Chief of Police until such time that the Officer's accrued compensatory time balance falls below 150 hours. 34 ARTICLE 23 WORK SCHEDULE (continued) Section 6. If an employee is called back from scheduled time off, hours worked will be compensated at one and one -half (1 1/2) times the employee's regular hourly rate of pay or compensatory time at the same rate. The type of compensation will be at the sole discretion of the Officer. Employees shall be guaranteed a minimum of two (2) hours pay at a rate of one and one -half (1 1/2) times their regular hourly rate of pay anytime the employee is called in to work other than regularly scheduled work hours. If an officer accrues more than 150 hours of compensatory time, the manner of compensation shall be at the discretion of the Chief of Police until such time that the Officer's accrued compensatory time balance falls below 150 hours. Section 7. For computation of employee work hours, all vacation leave and compensatory time will be considered time actually worked. 35 ARTICLE 24 SENIORITY Section 1. As used herein, the term Seniority shall refer to, and be defined as, the continuous length of service within the Owasso Police Department, or for those employees who hold rank and /or classification, the continuous length of service within rank and /or classification within the Owasso Police Department. Seniority for employees with the same hire dates shall be determined by random selection. Seniority for employees with the same promotion date shall be determined by hire date. Section 2. Seniority lists shall be established and updated by the lodge as of first day of July of each fiscal year, and such shall remain unchanged but for circumstances hereinafter set forth. Section 3. After the effective date of this Agreement, seniority for employees hired or rehired shall commence on the date of hire or rehire. Section 4. Except where impractical due to skill levels of employees, or experience of employees, or where specific working conditions, or assignment to specialty unit(s) exist which would preclude certain employees from working specific shifts, and considering required manning levels, seniority will be the dominate factor to be considered by the Chief of Police, or his /her designated representative, in reaching the following determinations, to -wit: A. Squad /Shift assignment; provided however that general shift change assignments shall occur only one (1) time per year, which shall occur on the beginning of the first pay period of each calendar year. B. Assignment to Specialty Unit(s): Canine Officers will be in a separate squad /shift bid excluded from the Patrol division squad /shift bid assignment. However, supervisors who are also designated as a Canine Officer will continue to participate in the Supervisor squad /shift bid assignment. C. Assignment to Specialty Unit(s): Officers newly assigned to the Detective Division will not be eligible to participate in a squad /shift bid assignment for two years from the date of assignment to the Detective division. D. Granting of vacation leaves requested sixty (60) days in advance; provided however that each employee shall be allowed to secure such leave by means of seniority a maximum of three (3) times per contract term. Vacation leaves requested at least sixty (60) days in advance shall require written approval or denial with explanation, within forty -eight (48) hours of expiration of sixty (60) day limit. Those requests for vacation leave not made sixty (60) days in advance shall be granted on a first- come - first -serve basis with written approval or denial with explanation provided to employee within forty -eight (48) hours of submission of vacation request. Vacation shall not be requested more than one hundred and eighty days (180) days in advance. It is agreed that the Chief of Police, or his /her designated representative, will make every effort to approve requested time off as submitted, in whole. 36 ARTICLE 24 SENIORITY (continued) E. Scheduling of comp time can not be more than one hundred and eighty days (180) days in advance and not less than two (2) days in advance unless such request does not create an undo hardship on the department. Section 5. In the event of a reduction in force, employees shall be laid off in the reverse order of seniority. Employees shall be recalled from layoff status by seniority to be determined from the original date of hire. Recall rights shall be preserved for a period of eighteen (18) months from the date of layoff. Notice of recall shall be mailed by certified mail to employees to their last place of residence shown on Employer's personnel records, as well as written notice shall be given on the same date to the Lodge President or his designated representative. Any employee who fails to report for duty within thirty (30) working days following receipt of notice of recall or within thirty (30) working days following attempted delivery of such notice or the same is unclaimed or otherwise not actually received, shall be deemed as having permanently terminated his employment. Section 6. The provisions of this Article shall be construed to encompass all seniority rights in existence on the effective date of this Agreement. 37 ARTICLE 25 RETIREMENT AND PENSION Section 1. For those Employees who are members of the Oklahoma Police Pension and Retirement System the Employer shall appropriate funds for the use and benefit of the System, as provided by Oklahoma Statutes, Title 11, ss 50 -109. Section 2. For those Employees who are not members of the Oklahoma Police Pension and Retirement System the Employer will provide the same retirement plan as provided to other city employees. The employee's contribution shall be 0.26% of gross wages. Section 3. For those employees who are members of the Oklahoma Police Pension and Retirement System the Employer shall also pay fifty (50) percent of each employee's required eight (8) percent contribution. W. ARTICLE 26 INSURANCE Section 1. Each employee of the bargaining unit shall receive the same insurance benefit package that is provided to other City employees, including but not limited to: A - Hospitalization B - Medical C - Vision D - Dental E - Life The carriers of the preceding types of insurance will be determined by the Employer. All costs for Employee insurance coverage will be paid by the Employer. Members of the bargaining unit may elect, if applicable, dependent coverage for all of the above listed insurance, the cost for dependant coverage will be paid the same as is provided for other City employees. Section 2. The employer will pay to the Lodge the sum of $3.50 per month for each employee in the bargaining unit who is a policy holder of the Fraternal Order of Police Legal Defense Plan for the purpose of applying toward the premium costs of the same. (It is understood this is "additional" funding for legal defense insurance only and not assignable or re- assignable to or for any other purpose.) Section 3. The Lodge agrees to provide the City a copy of invoices from the insurer and a roster of members of the bargaining unit who are enrolled in the Fraternal Order of Police Legal Defense Plan by the fifth (5th) day of the month for the purposes of calculating the amount due the Lodge. 39 ARTICLE 27 UNIFORM AND EQUIPMENT Section 1. For the fiscal year, the Employer shall pay each uniformed member of the Lodge with one -year seniority, a uniform/equipment allowance in the amount of six hundred fifty dollars ($650.00). Such payment shall be made on the first paydate in July. Those members who are assigned to the detective division shall receive a clothing/equipment allowance in the amount of Twelve Hundred Dollars ($1200). Payment shall be made in two equal payments of Six Hundred Dollars, the first on the first paydate in July and the second on the first paydate in December. The Employer shall pay a prorated uniform allowance to each member of the bargaining unit upon the completion of his/her one -year probationary period. Such prorated uniform allowance shall be based upon the amount of uniform allowance designated herein Section 1 and the number of months remaining until the next July payment date. Section 2. The Employer shall provide for cleaning of uniforms. The Employer shall also provide for cleaning of clothing utilized by detectives in the performance of their duties. Such cleaning shall be arranged for in such manner as to assure a local depository/pick -up in the event of servicing outside the municipality which is in the Employers discretion. Section 3. The Employer shall provide for all new members of the Police Department a complete issue of uniforms, to include the following: A. four (4) uniform shirts, short sleeve: B. four (4) uniforin shirts, long sleeve; C. four (4) uniform trousers; D. all leather gear; E. two (2) pairs handcuffs; F. two (2) badges; G. one (1) police style rechargeable flashlight; H. one (1) bullet resistant vest; I. one (1) all weather jacket; J. inclement weather gear; K. one (1) box of ammunition as specified in Section 4 of this article; L. one (1) Air Force Round hat; M. one (1) expandable baton; N. one (1) canister of defensive chemical spray; O. two (2) pairs of collar brass; P. one (1) whistle chain; Q. one (1) whistle; R. two (2) metal name tags; 21 ARTICLE 27 UNIFORM AND EQUIPMENT (continued) S. one (1) police equipment bag; T. two (2) metal report folders; U. two (2) metal citation folders; V. all nylon duty gear; W. and any other uniform or equipment that is required, including but not limited to special clothing and equipment necessary for K9 Officer, Motorcycle Officer and other specialized assignments. Section 4. Since employees are required to carry and use only approved ammunition, the Employer shall, during the term hereof, provide each employee fifty (50) rounds of Employer- approved hand -gun ammunition, same to be utilized only in the course of duty and, further, to those employees who have department issued or department approved shotguns, such employees shall receive ten (10) rounds shot -gun shells consisting of five (5) rounds #00 buckshot and five (5) rifled deer slugs. The Employer- approved duty ammunition shall be issued once a year to each employee, on or before December 15th. Section 5. The Employer shall provide each member of the bargaining unit a bullet- resistant vest of a design approved by the Chief with input from the Health and Safety Committee. Such vest shall be maintained by the Employer at no cost to the employee and shall be replaced in accordance with manufacturer's recommended replacement schedule. This item of safety shall be the sole property of the City of Owasso for a period of one year from the date of issue. After one year, the vest shall become property of the employee. In no case shall an employee be denied a replacement vest in the event the one in current use exceeds the manufacturer's suggested replacement schedule or becomes damaged. An individual employee may choose to purchase a bullet resistant vest of a make or model different from that selected by the Employer for issue. In the event such a selection is made, the Employer shall pay a portion of the cost equal to the cost of the vest issued by the Employer, provided, however, that such vest shall become the sole property of the Employer requiring no reimbursement whatsoever for a period of one year from date of purchase. After one year such vest shall become property of the employee. 41 ARTICLE 27 UNIFORM AND EQUIPMENT (continued) Section 6. Once an employee completes his/her initial probationary period, the following items shall become the sole property of that individual officer: Four (4) uniform shirts, short sleeve; Four (4) uniform shirts, long sleeve; Four (4) uniform trousers; One (1) bullet resistant vest; One (1) Air Force Round hat; Two (2) pairs collar brass; One (1) whistle chain; One (1) whistle Two (2) metal name tags The City shall be responsible for the repair and replacement of items not listed in Section 6. Section 7. In consideration of the fact that assignment to the detective division requires the Employee to purchase clothing other than traditional uniforms, the Employer shall provide a prorated uniform allowance to officers upon initial appointment to the detective division. Such prorated uniform allowance will be based on the detective clothing allowance designated herein Article 27, however such prorated uniform allowance will be reduced by the Six Hundred Fifty Dollars ($650.00) annual uniform allowance received herein Section I of this Article 27. Section 8. For appearance and safety reasons members of the bargaining unit shall not wear jewelry while on duty, with the exception of a wedding ring and a watch. Jewelry worn underneath the uniform that is not visible will be allowed. M ARTICLE 28 PERSONAL PROPERTY Section 1. The Employer shall repair, replace, or reimburse employee at Employer's expense, employee's personal property which is damaged, destroyed, lost or stolen, ordinary wear and tear excepted, while on duty unless it is shown by the Employer that the employee was negligent in incurring loss or damage to the personal property of employee. The maximum expense the Employer shall have by virtue to this Article shall be limited to $1,500.00 per officer, per incident. Said expense shall not include the cost of an officer's personal weapons that may need to be repaired or replaced. Section 2. In order to be eligible for repair, replacement, or reimbursement, all items of personal property must be on an inventory list which shall be maintained by the Chief of Police. Inventory lists including an estimate of value of each item shall be updated twice per year (July 15 and January 15). An employee may add to or delete from the list at any time. The total value of the items listed on the inventory shall not exceed $1,500.00, except by approval of the Chief of Police. Officer owned weapons shall be listed on the inventory list, but the weapons value shall not be counted toward the $1,500.00 maximum value. Weapons that may be carried on duty are those that are approved by policy. Clothing items that are worn on duty will be recognized as the uniform of the day and will not have to be listed on the inventory, in order to be covered. Section 3. When repair, replacement or reimbursement is requested, such request shall be accompanied by a report specifying the incident or actions surrounding the damage or loss. If damaged and recoverable, the employee shall present the damaged article to the Employer for inspection. If replaced, the salvaged item(s) shall become the property of the City of Owasso. Section 4. Repair, replacement or reimbursement will be at the employer's sole discretion. 43 ARTICLE 29 TEMPORARY ASSIGNMENT Any employee assigned additional supervisory duties not consistent with the normal duties of their rank for any period of time, shall receive a temporary increase in pay for the period of time such "acting" assignment is in effect. The amount of pay shall be consistent with the position and duties to be performed, but shall not necessarily be equal to the pay received by the absent employee. Such temporary pay increase shall be consistent with the adopted pay schedule guideline. When a Lieutenant in charge of a shift is gone because of vacation leave or compensatory time leave, the Sergeant on the shift will assume command of the shift without being considered working under "temporary assignment" and will not receive "temporary assignment" pay. In the event the Lieutenant in charge of a shift is gone due to sick leave or military leave, the Sergeant on the shift will be compensated with "temporary assignment" pay when the Lieutenant is gone for a period of ninety (90) calendar days or more with the "temporary assignment" pay to begin on the ninety -first (91) consecutive day of the Lieutenant's absence. In the event the Lieutenant in charge of a shift resigns, retires, is promoted, demoted, or permanently vacates the Lieutenant position, the Sergeant of the shift will be compensated at Lieutenant's pay after thirty (30) calendar days, if the Lieutenant position is not filled, with the pay for "temporary assignment" to begin on the thirty first (3 1) consecutive day of the Lieutenant's vacancy. .. ARTICLE 30 EDUCATION INCENTIVE Section 1. Tuition Reimbursement. The Employer shall pay tuition costs, under the limitations hereinafter set forth in this Article, for required or elective courses leading to a Bachelor's degree. A. The tuition herein provided shall not exceed the tuition cost for comprehensive universities and colleges as established by the Oklahoma State Regents for Higher Education. B. Course(s) on which reimbursement will be requested must be part of a Degree plan and must be approved by the Chief of Police prior to enrollment. If reimbursement is being sought for a Master's Degree or beyond, approval of the City Manager or his /her designee must be obtained prior to enrollment. C. Employees must maintain at least a 2.0 on a 4.0 scale or a minimum of a "C" grade on a letter grade scale in each course. Failure to maintain a "C" grade in a course will result in non - payment of tuition for those hours. D. Upon verification of satisfactory completion of the course, reimbursement for the tuition shall be made to the employee. Section 2. College Education Compensation. Each member of the bargaining unit is entitled to receive additional compensation for college level education accomplishments in a law enforcement related field as follows: A. Any employee may request pay in the amount of One Dollar ($1.00) per month per credit hour for successfully completed college credit hours to a maximum of fifty hours. B. Any employee holding an Associate Degree shall be paid Seventy -five ($75.00) per month in addition to the employee's base pay. C. Any employee holding a Bachelors Degree shall be paid One Hundred Dollars ($100.00) per month in addition to the employee's base pay. D. Any employee holding a Graduate Degree shall be paid One Hundred and Twenty - five Dollars ($125.00) per month in addition to the Employee's base pay. E. Payment for an Associates, Bachelors, or a Graduate Degree will be made for those degrees conferred in any area of study in a law enforcement related field. Payment for college hours shall be based on the following criteria: ll ARTICLE 30 EDUCATION INCENTIVE (continued) 1. Employee must maintain a level of at least a 2.0 grade point average on a 4.0 scale or a minimum of a "C" grade on a letter grade scale. 2. A copy of the transcript must accompany each request and any request for increasing such pay. 3. Payment for course hours will be allowed if justification is given indicating such hours were required to pursue a Degree in a law enforcement related field (i.e. college handbook outlining degree prerequisites and electives). we ARTICLE 31 LONGEVITY PAY Employer shall pay each employee covered by this agreement longevity pay. Longevity pay shall commence on the employee's fifth employment anniversary, at the rate of $.25 per hour. On the employee's sixth employment anniversary the employee's longevity pay shall increase to the rate of $.60 per hour, and the employee shall receive a further increase of $.10 per hour each year thereafter. 47 ARTICLE 32 DETECTIVE "ON- CALL" PAY Section 1. A minimum of one detective shall be placed on an "on- call" rotation schedule. "On- call" shall be deemed to mean the following: (a) The employee is free to go or remain at any location of the employee's own choosing, so long as the employee can call -in within ten (10) minutes of receiving a call to work, and as long as the employee can respond to the requested location within one (1) hour of receiving a call to work; (b) The employee is free to use the waiting time for any personal matters the employee chooses; (c) The employee must remain sober while on -call; (d) The employee must carry a working pager, or otherwise leave a telephone number with dispatch, where the employee who is on -call can be reached if needed. (e) The Chief of Police will establish a bi- annual on -call rotation schedule. Section 2. Detectives shall receive "on- call" compensation in the amount of seven (7 %) of base pay times 42.5 hours for each week scheduled for on -call duty. On -call pay will be payable with normal payroll cycles. ARTICLE 33 COMPENSATION Section 1. There is created for pay purposes, a standard "Police Department Pay Plan." For the purpose of this Labor Agreement, each employee of the bargaining unit shall receive compensation based on the "Police Department Pay Plan," included in this agreement. A. New hires shall begin at Entry Level except when the new Officer is already a State Certified Peace Officer with prior law enforcement experience as a State Certified Peace Officer at another law enforcement agency within this State or otherwise. Should a State Certified Peace Officer with experience at another law enforcement agency be hired, the Chief of Police shall conduct a review of the individual's qualifications and experience and determine the appropriate entry-level salary within Range 1. No Officer shall be brought in at a step higher than Step E. New hire placement at a step other than entry level will only affect the employee's advancement on the Police Department Pay Plan. B. Pay Plan Advancement for current Officers and Officers hired at Entry Level Upon completion of the initial employment probation period of service, all Police Officers shall advance to Range I, Step A. Thereafter Officers shall advance one step each year of service effective on the employment anniversary date of the employee. Such step advancements shall continue through Step E. Upon completion of seven years of service, employees shall advance to Step F of the Pay Plan in their appropriate Range. Upon completion of ten years of service, employees shall advance to Step G of the Pay Plan in their appropriate Range. Upon completion of thirteen years of service, employees shall advance to Step H of the Pay Plan in their appropriate Range. Upon completion of sixteen years of service, employees shall advance to Step I of the Pay Plan in their appropriate Range. Upon completion of twenty years of service, employees shall advance to Step J of the Pay Plan in their appropriate Range. Step advancements will automatic throughout the term of this agreement and will be effective on the employment anniversary date for the employee. C. Pay Plan Advancement for Officers hired at a Step other than Entry evel_. Officers shall advance one step per year of service for Step A through Step E. Officers shall advance to Step F after two years of service in Step E. Officers shall advance to Step G after three years of service in Step F. After three years of service in Step G Officers shall advance to Step H, continuing to advance one step for every three years of service through Step I. After four years of service in Step I, Officers shall advance to Step J. Step advancements will be automatic throughout the term of this agreement and will be effective on the employment anniversary date for the employee. M ARTICLE 33 COMPENSATION (continued) Section 2. In cases of transfer and /or promotion, the employee will advance to the same pay step in the appropriate range for his new job classification after which the employee shall continue to advance in the Pay Plan, according to Section B and Section C, effective on the employment anniversary date of the employee. Section 3. The following job classifications shall be compensated at the rate specified in the "Police Department Pay Plan" as follows: Officer Range 1 Sergeant Range 2 Lieutenant Range 3 Captain Range 4 50 C ca a cc a CD E c� CL a� U O CL O N N co n 0 0 N T 7 a� V a� W 0 ti c� U �3 0 0 U cz U a O M O M N N 00 N C� 00 00 c N + N N N vi N N Ir by 00 M � 00 �n 0 N '--'i N N kfi N O O O\ cC 00 00 00 a 00 00 * 00 N oo [� Iq U N 00 4 DO W W � r-I a � 00 0 ow 0 ti c� U �3 0 0 U cz U a a cc IL C a� E t ca Q. N d V O M O N R 0 0 0 N r 75 a� w 4. O {ma{.yy CC C� U 3 a� a� 0 U O a U a N V'1 c N N N N N iF N \p 06 s.. 0 x° c O N N N N �D N r - N N N W c~a O 00 00 O N A 00 O N iF � � O c�a M v r" a ca 04 4. O {ma{.yy CC C� U 3 a� a� 0 U O a U a N V'1 ARTICLE 34 DRUG & ALCOHOL TESTING The Lodge and the City recognize the need to conform to the Oklahoma Standards for Workplace Drug and Alcohol Testing Act, 40 O.S. Section 551 et seq. and the need to maintain a safe work environment free from hazards of drugs or alcohol for the safety of both Police personnel and the citizens. Therefore both parties agree that drug and alcohol testing shall be administered in accordance with the Oklahoma Standards for Workplace Drug and Alcohol Testing policy within the City of Owasso's Personnel Manual. 53 ARTICLE 35 WELLNESS PROGRAM Section 1. It is the intent of this article to enter into an agreement between the Fraternal Order of Police Lodge #149 and the City of Owasso to implement a Wellness Program that will improve the fitness standards within the Police Department. The Lodge and City agree that increased fitness standards will lower the incidents of on the job injury as well as the use of sick leave. Section 2. The City agrees to pay a per month program fee of up to Fifteen ($15.00) dollars at a local fitness facility agreed upon by the Lodge and City, for each member of the bargaining unit who participates in an employer sponsored voluntary fitness program. Participating members must agree to allow the fitness facility to release individual goals, progress and participation dates to the employer on a monthly basis. Participating members working out while not on duty are not covered by Worker's Compensation. Should a participating member not take part in his /her physical fitness program at least once within any seven (7) day period, excluding time used for vacation or extended sick leave, that member must reimburse the employer for that month's program fee. Section 3. This section provides an incentive to Owasso Police Officers to actively participate in a voluntary Physical Fitness Program. The program will utilize the Cooper's Fitness Test as outlined for current hiring processes. The test involves five (5) categories that measure varied aspects of fitness utilized in the performance of Police duties. Each category provides ways for the Officer to accumulate points which are calculated to determine eligibility for the incentive award. 1. The incentive program involves an awards program with three categories. The categories are "Gold Award" which requires 40 points, the "Silver Award" which requires 35 points and the "Bronze Award" which requires 30 points. The "Gold Award " = twenty -four (24) vacation hours, the "Silver Award"= twelve (12) vacation hours and the "Bronze Award" =eight (8) vacation hours. 2. The points will be calculated from five (5) categories with point values based on the current Physical Fitness Standard required for selection of new Officers. The points and record forms will be maintained by a designated OPD Fitness Coordinator selected by the Chief of Police. The forms will be agreed upon by the Lodge and Chief of Police. 54 In Witness Whereof, the parties have hereunto subscribed their names this day of ATTEST: Sherry Bishop, City Clerk 2007. APPROVED AS TO FORM: Julie Lombardi, City Attorney 55 CITY OF OWASSO, OKLAHOMA A Municipal Corporation U0.1 Mayor FRATERNAL ORDER OF POLICE Lodge #149 WE Tracy Townsend, President Kelli Vinson, Secretary d. The City shall not permit an employee to perform or continue to perform job functions, until: i. An alcohol test is administered and the employee's breath alcohol concentration measures less than 0.02; or ii. Twenty -four (24) hours have elapsed following the determination that there is reasonable suspicion to believe that the employee has violated the rules concerning the use of alcohol. e. A written record shall be made of the observations leading to a controlled substance reasonable suspicion test, and signed by the supervisor or Department Director who made the observations, within twenty -four (24) hours of the observed behavior or before the results of the controlled substances test are released, whichever is earlier. a. As soon as practical following an accident involving a commercial motor vehicle, the City shall test for alcohol and controlled substances, the driver involved in the accideiitlincident' b. No driver of a commercial motor vehicle required to take a post accident alcohol test shall use alcohol for eight (8) hours following the accident or until he /she undergoes a post- accident alcohol test, whichever occurs first. c. If an alcohol test is not administered within two (2) hours following the accident the Department Director shall prepare and maintain on file, in the Personnel Department, a record stating the reasons the alcohol test was not promptly administered. If an alcohol test is not administered within eight (8) hours following the determination, the City shall cease attempts to administer an alcohol test and shall cite in the record the reasons for not administering the test. d. If a controlled substance test is not administered within thirty two (32) hours following the accident, the City shall cease attempts to administer a controlled substance test; and the Department Director will prepare and maintain on file, in the Personnel Department, a record stating the reasons the test was not promptly administered. e. An employee who is subject to post- accident testing shall remain readily available for such testing or may be deemed, by the City, to have refused to submit to testing. 31 f. Nothing in this policy shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit a driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care. g. The City retains the right to require post accident/incident tests be performed on employees who as a result of the accident/incident are unconscious or otherwise unable to voluntarily submit to such tests. h. In the absence of reasonable suspicion, an employee involved in an accident/incident may voluntarily request drug and /or alcohol tests be performed without cost to the employee. 3) Random Testing. The City has decided to require drug and/or alcohol testing on a random selection basis. Random selection shall be conducted using two (2) pools of employees. The first pool of employees shall be limited to those employees whose testing is mandated by the U.S. Department of Transportation (DOT). The second pool shall consist of all other employees whose job duties and functions meet the definitions for testing as allowed by the Oklahoma Standards for Workplace Drug and Alcohol Testing Act. (The separate DOT pool will ease DOT compliance.) a. The DOT pool shall be restricted to employees who perform safety- sensitive functions in the following classifications and/or positions: iii. vehicle and equipment operator employees who are required to maintain a Commercial Drivers License (hereafter referred to as "CDL ") and operate vehicles and/or equipment in excess of 26,001 pounds; iv. mechanic employees; and v. any other employees involved in the repair, operation, or dispatching of vehicles and/or equipment (or as may be required by federal law). b. Random controlled substances testing shall be conducted in accordance with the following requirements: i. The City will randomly select employees for testing at the highest minimum annual percentage rate established for the calendar year by the DOT rules to which the City is subject. ii. The City will use a scientific valid method of random selection, which is matched with the driver's social security number. iii. The City will ensure that random testing is unannounced and spread reasonably throughout the calendar year. iv. The City will ensure that drivers selected for random testing proceed immediately to the testing site upon notification of being selected. v. In the event a driver, who is selected for random controlled substances testing, is on vacation or an extended medical absence, the City will select another driver for testing. vi. No driver of a CMV shall report for duty, or remain on duty, requiring the performance of safety - sensitive functions wile having a breath alcohol concentration of 0.04 or greater. The City, having actual knowledge that a driver has a breath alcohol concentration of 0.04 or greater shall not permit an employee to perform or continue to perform safety- sensitive functions. 32 vii. No driver of a CMV shall perform safety- sensitive functions within four (4) hours after using alcohol. The City, having actual knowledge that a driver has used alcohol within four (4) hours shall not permit a driver to perform or continue to perform safety- sensitive functions. viii. No driver of a CMV shall report for duty, or remain on duty, requiring the performance of safety - sensitive functions when the driver uses any controlled substance, except when the use is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect the driver's ability to safely operate a commercial motor vehicle. ix. The City, having actual knowledge that a driver has used a controlled substance shall not permit the driver to perform or continue to perform safety sensitive functions, until twenty -four (24) hours have elapsed following the determination that there is reasonable suspicion to believe that the employee has violated the rules concerning the use of alcohol or controlled substances. x. No driver of a CMV shall report for duty, or remain on duty, requiring the performance of safety - sensitive functions if the driver tests positive for controlled substances. The City, having actual knowledge that a driver has tested positive for controlled substance shall not permit that employee to perform or continue to perform safety- sensitive functions. xi. The City may require a driver to inform the City of any therapeutic drug use. 4) Post - Rehabilitation Testing, The City shall require an employee undergo drug and/or alcohol testing, without prior notice, as directed be the substance abuse professional for a period not to exceed 60 months from the date the employee returned to duty, in the following situations: a. after the employee tested positive on a drug and/or alcohol test required by the City; or b. after having participated in a drug or alcohol treatment program. 5) Return to Duty Testing. An employee who is not terminated from employment is prohibited from working in any position or job function after a positive drug test result, or an alcohol test result indicating a breath alcohol level concentration of 0.02 or more, regardless of when the drug or alcohol was ingested and regardless of whether or not the employee is under the influence of alcohol or drugs, as defined by Federal, State, or local law. Employees are subject to the following return-to -duty guidelines: a. An employee shall be evaluated by a Substance Abuse Professional who shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and/or controlled substance abuse. The Substance Abuse Professional shall determine that the employee has properly followed any rehabilitation program prescribed. Employees may be required to sign a partial release of information from the Substance Abuse Professional to the City, reporting only employee participation in prescribed rehabilitation programs. b. Before an employee returns to duty, following a positive alcohol and/of drug test result, the employee shall undergo a return-to -duty alcohol test with a result indicating a breath alcohol concentration of less than 0.02 if the conduct involved alcohol, or a controlled substance test with a verified negative result if the conduct involved a controlled substance. c. The employee shall be subject to unannounced follow -up alcohol and controlled substances tests, ordered by the Personnel Director or his /her designee, following the employee's return to duty. The number and frequency of such follow -up testing shall be as recommended by the Substance Abuse Professional and may consist of at least six (6) tests in the first twelve (12) months following the employee's return to duty. The Personnel Director or his/her designee may direct the employee to 33 undergo return -to -duty and follow -up testing for both alcohol and controlled substances if the Substance Abuse Professional determines that such testing is necessary. 8 -3 TESTING CONDUCTED UNDER THE OKLAHOMA STANDARDS FOR WORKPLACE DRUG AND ALCOHOL TESTING ACT (per Oklahoma State Statutes Title 40 Chapter 15) A. Exceptions: 1) Employees tested under the U.S. Department of Transportation mandated testing are exempt from further testing under the Oklahoma Standards Act. B. Employee Testing: Employees of the City will be subject to drug and/or alcohol testing under the applicable circumstances: 1) Reasonable Suspicion Testing. The City will require an employee to submit to drug and/or alcohol testing if there is reasonable suspicion that the employee is violating the City of Owasso Drug and Alcohol Free Workplace Policy. a. Observations of employee conduct while the employee is at work or on duty, which cause the City to require reasonable suspicion testing of an employee, shall be made by a supervisor or Department Director who has received training for the detection of symptoms or manifestations of being under the influence of a drug or alcohol. Testing will be required of all employees, regardless of classification when reasonable suspicion exists. b. All City employees may be directed to undergo reasonable suspicion testing while the employee is performing safety- sensitive functions or activities that directly affect the safety of others, just before the employee is to perform safety- sensitive functions or activities that directly affect the safety of others, or just after the employee has ceased performing such functions. c. If an alcohol test is not administered within two (2) hours following the determination that reasonable suspicion exists, the Personnel Department shall prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered. If an alcohol test is not administered within eight (8) hours following the determination, the City shall cease attempts to administer an alcohol test and shall cite in the record the reasons for not administering the test. d. The City shall not permit an employee to perform or continue to perform job functions, until: i. An alcohol test is administered and the employee's breath alcohol concentration measures less than 0.02; or ii. Twenty -four (24) hours have elapsed following the determination that there is reasonable suspicion to believe that the employee has violated the rules concerning the use of alcohol. e. A written record shall be made of the observations leading to a controlled substance reasonable suspicion test, and signed by the supervisor or Department Director who made the observations, within twenty -four (24) hours of the observed behavior or before the results of the controlled substances test are released, whichever is earlier. 34 2) Post - Accident or Incident Testing. The City will require an employee to undergo drug and /or alcohol testing if the employee or another person sustained a work - related injury or the City's property was damaged or resulting in injury to others or damage to other property in an amount reasonably estimated at the time °of the accident to exceed Five Hundred 'Dollars ($500.00). and eflab ° suspieian that the aeoident-line-Addent ;,vas; A- di-veret -re-ruit of use of drugs anEWer- aleehel by an employee, in the rvrkplaee or- while - peffemii ng jE b duties. a. As soon as practicable following an accident involving an employee, the City shall test for alcohol and controlled substances, the employee involved in the accident/incident. b. No employee required to take a post accident/incident alcohol test shall use alcohol for eight (8) hours following the accident or until he /she undergoes a post- accident alcohol test, whichever occurs first. c. If an alcohol test is not administered within two (2) hours following the accident/incident the Department Director shall prepare and maintain on file, in the Personnel Department, a record stating the reasons the alcohol test was not promptly administered. If an alcohol test is not administered within eight (8) hours following the determination, the City shall cease attempts to administer an alcohol test and shall cite in the record the reasons for not administering the test. d. If a controlled substance test is not administered within thirty two (32) hours following the accident/incident, the City shall cease attempts to administer a controlled substance test; and the Department Director will prepare and maintain on file, in the Personnel Department, a record stating the reasons the test was not promptly administered. e. An employee who is subject to post- accident/incident testing shall remain readily available for such testing or may be deemed, by the City, to have refused to submit to testing. f. Nothing in this policy shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit a driver from leaving the scene of an accident for the period necessary to obtain assistance responding to the accident, or to obtain necessary emergency medical care, or to prohibit or otherwise limit any official investigation into the accident/incident. g. The City retains the right to require post accident/incident tests be performed on employees who as a result of the accident/incident are unconscious or otherwise unable to voluntarily submit to such tests. 35 3) Random Testing. The City has decided to require drug and/or alcohol testing on a random selection basis. Random selection shall be conducted using two (2) pools of employees. The first pool shall consist of those employees whose testing is mandated by the U.S. Department of Transportation (DOT). The second pool shall consist of all other employees whose job duties and functions meet the definitions of employees for testing as allowed by the Oklahoma Standards for Workplace Drug and Alcohol Testing Act. a. The second pool shall be restricted to employees who perform safety- sensitive functions or activities that directly affect the safety of others in the following classifications and /or positions: i. any police or peace officer; ii. any employee having drug interdiction responsibilities; and iii. any employee authorized to carry firearms; iv. any employee engaged in activities that directly affect the safety of others, including but not limited to firefighters and emergency medical responders (see definition item p); and v. any employee who works in direct contact with inmates. b. Random alcohol and controlled substances testing shall be conducted in accordance with the following requirements: i. The City will cause a random selection of eligible employees for testing at rate of 50% of eligible employees for drug testing and 25% of eligible employees for alcohol testing, established for a calendar year. After a period of 24 months after implementation, and after each subsequent 24 month period, the program shall be reviewed for performance. Should more than 25% of tested employees test positive, the percentage of employees to be selected for testing annually shall increase by 25 01o. Should fewer than 5% of tested employees test positive, the percentage of employees to be selected annually shall be reduced by 10 01o. Should between 5% and 25% of employees tested be found to test positive, no change in the percentages of employees tested will be made. ii. The City will determine a scientific method of random selection to be used for random selection. iii. The City will ensure that random testing is unannounced and spread reasonably throughout the year. iv. The City will ensure that employees selected for random testing proceed immediately to the testing site upon notification of being selected. v. No employee whose job duties or functions are described above shall report for duty, or remain on duty, requiring the performance of safety sensitive functions or activities that directly affect the safety of others while having a breath alcohol concentration of 0.04 or greater. The City, having actual knowledge that an employee has a breath alcohol concentration of 0.04 or greater shall not permit the employee to perform or continue to perform safety- sensitive functions or activities that directly affect the safety of others. 9M vi. No employee whose job duties or functions are described above shall perform safety- sensitive functions or activities that directly affect the safety of others job functions within four (4) hours after using alcohol. The City, having actual knowledge that an employee has used alcohol shall not permit the employee to perform safety- sensitive functions or activities that directly affect the safety of others. vii. No employee whose job duties or functions are described above shall report for duty or remain on duty, requiring the performance of safety sensitive functions or activities that directly affect the safety of others, when the employee uses any controlled substance, except when the use is pursuant to the instructions of a physician who has advised the employee that the substance does not adversely affect the employee's ability to perform safety- sensitive functions or activities that directly affect the safety of others. Employees using controlled substances under the instructions of a physician may be required to produce a prescription or other written instructions from a physician instructing their use of the controlled substance. viii. The City, having actual knowledge of an employee's use of a controlled substance shall not permit the employee to perform safety- sensitive functions or activities that directly affect the safety of others, until twenty -four (24) hours have elapsed following the determination that there is reasonable suspicion that the employee has violated the rules concerning the use of alcohol or controlled substances. ix. No employee whose job duties or functions are described above shall report for duty, or remain on duty, requiring the performance of safety- sensitive functions or activities that directly affect the safety of others, if the employee tests positive for controlled substances. The City having actual knowledge that an employee has tested positive for controlled substance shall not permit the employee to perform or continue to perform safety- sensitive functions or activities that directly affect the safety of others. x. The City may require an employee to inform the City of any therapeutic drug use. 4) Post - Rehabilitation Testing. The City may require an employee undergo drug /and or alcohol testing, without prior notice, as directed by the Substance Abuse Professional for a period of up to two (2) years commencing with the employee's return to work, in the following situations: a. after the employee tested positive on a drug and/or alcohol test required by City; or b. after having participated in a drug or alcohol treatment program. 5) Return-To -Duty Testing. An employee who is not terminated from employment is prohibited from working after a positive drug test result, or an alcohol test result indicating a breath alcohol concentration of 0.02 or more, regardless of when the drug or alcohol was ingested and regardless of whether or not the employee is under the influence of alcohol or drugs, as defined by Federal, State, or local law. Employees are subject to the following return-to -duty guidelines: a. An employee shall be evaluated by a Substance Abuse Professional who shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and/or controlled substances abuse. The Substance Abuse Professional shall determine that the employee has properly followed any rehabilitation program prescribed. Employees may be required to sign a partial release of information from the Substance Abuse Professional to the City, reporting only employee participation in prescribed rehabilitation programs. b. Before an employee returns to duty, following a positive alcohol and/or drug test result, the employee shall undergo a return-to -duty alcohol test with a result indicating a breath alcohol 37 concentration of less than 0.02 if the conduct involved alcohol, or a controlled substances test with a verified negative result if the conduct involved a controlled substance. c. The employee shall be subject to unannounced follow -up alcohol and controlled substances tests, ordered by the Personnel Director or his /her designee, following the employees return to duty. The number and frequency of such follow -up testing shall be as recommended by the Substance Abuse Professional and may consist of at least six (6) tests in the first twelve (12) months following the employee's return to duty. The Personnel Director or his/her designee may direct the employee to undergo return-to -duty and follow -up testing for both alcohol and controlled substances if the Substance Abuse Professional determines that such testing is necessary. 8 -4 APPLICANT TESTING A. The City will require all applicants, upon receiving a conditional offer of employment, to undergo drug and/or alcohol testing, and will use a refusal to undergo such testing or a confirmed positive test result as a basis for refusal to hire provided that such testing does not violate the Americans with Disabilities Act of 1990, 42 U.S.C. §121010 et seq., (hereinafter referred to as ADA). The ADA does not, in any way, preclude or interfere with the City's compliance with the Department of Transportation (hereafter referred to as DOT) new or existing drug and alcohol testing regulations. Such testing will be required of all applicants who have received a conditional offer of employment regardless of employment classification. B. Exceptions: 1) The City is not required to administer an alcohol test or controlled substances test if. a. The applicant has undergone an alcohol test within the previous six (6) months, with a result indicating a breath alcohol concentration less than 0.04 and meets the requirements of the DOT. b. The applicant has participated in a drug testing program within the previous thirty (30) days, that meets the requirements of the DOT, and c. While participating in that program, either: i. was tested for controlled substances within past six (6) months from the date of application, or ii. participated in random controlled substances testing program for the previous twelve (12) months from the date of application, and iii. the City will check that no prior employer of the driver, of whom the City has knowledge, has records of a violation of another DOT agency within the previous six (6) months. 8 -5 TESTING DEFINED A. All Drug and Alcohol Free Workplace testing of employees and applicants shall be conducted at a laboratory selected by the City which has been approved by the Substance Abuse and Mental health Services Administration (hereafter referred to as "SAMHSA), pursuant to federal and state law requirements. Any drug or alcohol testing shall occur during or immediately after the regular work period of current employees and shall be deemed work time for purposes of compensation and benefits for current employees. K: B. The Facility Will Be Responsible For: 1) employing testing procedures that ensure privacy to employees and job applications consistent with tampering prevention; 2) employing the split sample method of testing, in the event results of the test are challenged. Without a split sample, a challenged test is considered negative. 3) employing methods of analysis that ensure reliable test results, including the use of gas chromatography /mass spectrometry to confirm positive test results; 4) employing chain -of- custody procedures that ensure proper identification, labeling, and handling of test samples; 5) employing retention and storage procedures that ensure reliable results on confirmatory tests of original samples; and 6) employing alcohol screening tests using approval evidential testing devices that test for prohibited alcohol concentration; 7) maintaining SAMHSA approval of their facility C. The City shall not permit an employee who refuses to submit to a post- accident alcohol or controlled substance test, a random post accident or alcohol or controlled substance test, a reasonable suspicion alcohol or controlled substance test, or a follow -up alcohol or controlled substance test to perform or continue to perform safety- sensitive functions or activities that directly affect the safety of others. D. Employee consent will be obtained for each test. Refusal of an employee to consent and submit to testing will subject that employee to disciplinary action, which may include termination of employment. E. The City shall pay all costs of testing for drugs or alcohol required by the City, including confirmation tests required by this Policy. Provided however, an individual who requests a retest of a sample in order to challenge the results of a positive test shall pay all costs of their retest, unless the retest reverses the findings of the challenged positive test. In such case, the City shall reimburse the individual for the costs of the retest. 8 -6 TESTING METHODS AND COLLECTION PROCEDURES A. Applicant Drug and/or Alcohol Screening Process: The job application form of the City contains Notification of Drug /Alcohol Testing Policy of the City, in accordance with federal and state law. The Application Form must be signed by applicant, acknowledging receipt of Notice of City's Drug and Alcohol Free Work Policy. B. In order to achieve the City's goal in providing and maintaining a drug and alcohol free work environment for the safety and protection of employees and others, the following procedures are hereby established: 1) Upon notification of the selected applicant the Personnel Department will schedule the applicant for the drug screen/alcohol test. 2) The applicant shall complete the "Applicant/Employee Consent for Drug Screen/Alcohol Test Form." The completed form shall be places in an envelope with directions to the medical facility. 3) Applicants refusing to submit to the drug screen and /or alcohol test will be considered to have withdrawn their application for employment. NVGI 4) The sample collection site will obtain the specimen from the applicant of sufficient quantity to allow for split sample testing. The specimen will be sent to the laboratory. 5) The laboratory designated by the City shall perform an initial drug screen, which shall be a form of chemical identification with the confirmation testing of any positive results with Gas Chromatography /Mass Spectrometry (GUMS) or other reliable confirmation testing. 6) The alcohol screening tests will be done using approved evidential testing devices that test for prohibited alcohol concentration. 8 -7 TESTING PROCEDURES A. Tests Conducted Under DOT Mandates 1) Reasonable Suspicion Testing A supervisor who has reasonable suspicion to believe an employee has ingested, inhaled, or injected an illegal or unlawful use of a drug, or has ingested an alcoholic beverage when reporting for duty, while on duty, or during standby or callback duty must: a. Prohibit the employee from working or continuing to work b. Notify a Department Director or the Personnel Department and request a personal observation of an employee's conduct to confirm that reasonable suspicion exists, and document the observations that confirm the reasonable suspicion. c. Based on reasonable suspicion, employees shall be required to submit to drug or alcohol testing. Prior to requiring such testing, the basis for the reasonable suspicion shall be communicated to the City Manager or designee acting in his /her absence for approval. d. The employee will be immediately taken, by the supervisor, Department Director, or his/her designee, to a collection facility selected by the City in compliance with state and federal regulations. e. Before testing, an employee shall sign a form consenting to testing. Failure or refusal to sign the consent form and to submit to testing will result in disciplinary action, which may include termination. f. Supervisors are prohibited from demanding or encouraging drug or alcohol testing without reasonable suspicion and without confirmation from a Department Director or the Personnel Director /designee. g. Harassment, by any supervisor, Department Director or other employee, of any employee who has been requested or required to undergo a drug screen or alcohol test will subject the supervisor, Department Director or other employee to discipline. 2) Post Accident/Incident Testing Following having been involved in an accident which resulted in personal injury, death, or property /qutpment damage iii.` an amount reasonably estimated at the time of the accident to exceed ;Five Hundred° collar . (,$5,00.,00) or in which driver /employee has received a citation under State or local law for a moving traffic violation arising from the accident, a supervisor must: a. Notify any necessary emergency responders to the scene. .O b. Prohibit the employee from working or continuing to work. c. Notify a Department Director or Personnel Department of the accident/incident. d. The Department Director, Personnel Director or their designee will immediately take the employee to a collection facility selected by the City in compliance with State and Federal regulations for the purpose of administering tests for controlled substances. e. Before testing, an employee shall sign a form a sign consenting to testing. Failure or refusal to sign the consent form and to submit to testing will result in disciplinary action, which may include termination of employment. f. Harassment, by any supervisor, Department Director or other employee, of any employee who has been requested or required to undergo a drug screen or alcohol test will subject the supervisor, Department Director or other employee to discipline. 3) Random Testing The City shall, through a contract with a testing agent who meets the requirements for such agents as set forth in this policy and under the laws and regulations governing testing, cause a random selection of drivers for testing. The contractor shall: a. Notify the City's Personnel Department of the date and time of testing and the drivers to be tested by social security account number (SSAN) for each driver. The Personnel Department will match the SSAN to the correct employee. b. At the date and time of testing, the City shall require those identified for testing to proceed to a location selected by the City that both provides necessary facilities for testing and that protects the privacy of the employee to the greatest extent possible. c. The contractor shall conduct the sampling and testing required by policy and laws and regulations governing testing. 4) Post - Rehabilitation Testing The City shall conduct Post - Rehabilitation testing of drivers who have successfully completed a rehabilitation program. The tests will be unannounced with the number and frequency determined by the Substance Abuse Professional involved in the rehabilitation program. The City shall conduct the tests as follows: a. The Personnel Department shall schedule testing through a testing facility meeting the requirements set forth for testing facilities in this policy. b. The Personnel Department shall notify the driver's Department Director of the date and time for scheduled testing. c. The Department Director, or his /her designee, shall bring the driver to the Personnel Department sufficiently prior to the testing time to allow the employee to sign a form consenting to testing. d. Before testing, an employee shall sign a form consenting to testing. Failure or refusal to sign the consent form and to submit to testing will result in disciplinary action, which may include termination. 41 e. Following the driver's consent to testing, the Department Director, or his /her designee, shall escort the driver to the designated facility for testing. 5) Return-To -Duty Testing The City shall ensure that before a driver returns to duty after engaging in conduct prohibited concerning alcohol, that the driver shall undergo a return-to -duty alcohol test with a result indicating an alcohol concentration of less than 0.02. The City shall ensure that before a driver returns to duty after engaging in conduct prohibited concerning controlled substances, the driver shall undergo a return-to -duty controlled substance test with a result indicating verified negative result for controlled substances. Such tests shall be conducted as follows: a. The Personnel Department shall schedule testing though a testing facility meeting the requirements set forth for testing facilities in this policy. b. The Personnel Department shall notify the Driver's Department Director of the date and time for scheduled testing. c. The Department Director, or his /her designee, shall bring the driver to the Personnel Department sufficiently prior to the testing time to allow the employee to sign a form consenting to testing. d. Before testing, an employee shall sign a form consenting to testing. Failure or refusal to sign the consent form and to submit to testing will result in disciplinary action, which may include termination. e. Following the driver's consent to testing, the Department Director, or his /her designee, shall escort the driver to the designated facility for testing. B. Tests Authorized by the Oklahoma Standards for Workalace Drug and Alcohol Testing Act 1) Reasonable Suspicion Testin A supervisor who has reasonable suspicion to believe an employee has ingested, inhaled or injected an illegal or unlawful use of a drug, or has ingested an alcoholic beverage when reporting for duty, while on duty, or during standby or callback duty must: a. Prohibit the employee from working or continuing to work. b. Notify a Department Director or the Personnel Department and request a personal observation of an employee's conduct to confirm that reasonable suspicion exists, and document the observations that confirm the suspicion. c. Based on reasonable suspicion, employees shall be required to submit to drug or alcohol testing. Prior to requiring such testing, the basis for the reasonable suspicion shall be communicated to the Personnel Director or designee acting in his /her absence. d. The employee will be immediately taken, by the supervisor or Department Director, or his /her designee, to a collection facility selected by the City in compliance with state and federal regulations. 42 e. Before testing, an employee shall sign a form consenting to testing. Failure or refusal to sign the consent form and to submit to testing will result in disciplinary action, which may include termination. f. Supervisors are prohibited from demanding or encouraging drug or alcohol testing without reasonable suspicion and without confirmation from a Department Director or the Personnel Director /designee. g. Harassment, by any supervisor, Department Director, or other employee, of any employee who has been requested or required to undergo a drug screen or alcohol test will subject the supervisor, Department Director, or other employee to discipline. 2) Post Accident/Incident Testing Following having been involved in an accident which resulted in personal injury, death, or property /equipment damage in an amount reasonably estimated at the time of the accident to exceed Five Hundred }Dollars ($500.00), or in which driver /employee has received a citation under State or local law for a moving traffic violation arising from the accident, and "°r-° reasonable ...,spieie e *fists that the use of aleehal a -ugs by they employee entr- ibuted to the . eide t, a supervisor must: E)f a. Notify any necessary emergency responders to the scene. b. Prohibit the employee from working or continuing to work. c. Notify a Department Director or Personnel Department of the accident/incident and of the documentation of the reasonable suspicion. d. The Department Director, Personnel Director or their designee will immediately take the employee to a collection facility selected by the City in compliance with State and Federal regulations for the purpose of administering tests for controlled substances. e. Before testing, an employee shall sign a form consenting to testing. Failure or refusal to sign the consent form and to submit to testing will result in disciplinary action, which may include termination of employment. f. Harassment, by any supervisor, Department Director or other employee, of any employee who has been requested or required to undergo a drug screen or alcohol test will subject the supervisor, Department Director or other employee to discipline. 3) Random Testing The City shall, through a contract with a testing agent who meets the requirements for such agents as set forth in this policy and under the laws and regulations governing testing, cause a random selection of drivers for testing. The contractor shall: a. Notify the City's Personnel Department of the date and time of testing and the employees to be tested by social security account number (SSAN) for each driver. The Personnel Department will match the SSAN to the correct employee. b. At the date and time of testing, the City shall require those identified for testing to proceed to a location selected by the City that both provides necessary facilities for testing and that protects the privacy of the employee to the greatest extent possible. 43 c. The contractor shall conduct the sampling and testing required by policy and laws and regulations governing testing. 4) Post - Rehabilitation Testing The City shall conduct Post - Rehabilitation testing of employees who have successfully completed a rehabilitation program. The tests will be unannounced with the number and frequency determined by the Substance Abuse Professional involved in the rehabilitation program. The City shall conduct the tests as follows: a. The Personnel Department shall schedule testing through a testing facility meeting requirements set forth for testing facilities in this policy. b. The Personnel Department shall notify the employee's Department Director of the date and time for scheduled testing. c. The Department Director, or his /her designee, shall bring the employee to the Personnel Department sufficiently prior to the testing time to allow the employee to sign a form consenting to testing. d. Before testing, an employee shall sign a form consenting to testing. Failure or refusal to sign the consent form or to submit to testing will result in disciplinary action, which may include termination. e. Following the employee's consent to testing, the Department Director, or his /her designee, shall escort the employee to the designated facility for testing. 5) Return-To -Duty Testing The City shall ensure that before an employee returns to duty after engaging in conduct prohibited concerning alcohol, that the employee shall undergo a return -to -duty alcohol test with a result indicating an alcohol concentration of less that 0.02. The City shall ensure that before an employee returns to duty after engaging in conduct prohibited concerning controlled substances, the employee shall undergo a return-to -duty controlled substance test with a result indicating a verified negative result for controlled substances. Such tests shall be conducted as follows: a. The Personnel Department shall schedule testing through a testing facility meeting the requirements set forth for testing facilities in this policy. b. The Personnel Department shall notify the employee's Department Director of the date and time for scheduled testing. c. The Department Director, or his /her designee, shall bring the employee to the Personnel Department sufficiently prior to the testing time to allow the employee to sign a form consenting to testing. M d. Before testing, an employee shall sign a form consenting to testing. Failure or refusal to sign the consent form or to submit to testing will result in disciplinary action, which may include termination. e. Following the employee's consent to testing, the Department Director, or his /her designee, shall escort the employee to the designated facility for testing. 8 -8 TEST RESULTS A. Applicant Test Results Upon completion of testing, results of the drug screen/alcohol test shall be communicated to the Personnel Department, after compliance with the procedures listed below: 1) Negative test result from drug screen and/or alcohol test. The collection site will notify the Personnel Department the drug screen and /or alcohol test was negative. b. The Personnel Department may schedule the applicant for a pre- employment physical. 2) Positive test result from drug screen and /or alcohol test. a. The Medical Review Officer shall compare the test results to the list of prescribed medications applicant identified as having taken. b. If a drug screen reveals a drug present which is questionable, the applicant will be contacted by the Medical Review Officer in order for the applicant to explain, in confidence, and/or provide additional documentation as the Medical Review Officer deems necessary to satisfy the Medical Review Officer that the presence of such drug is not unlawful. c. The applicant must provide the requested explanation and/or documentation as requested by the Medical Review Officer within forty -eight (48) hours of time of request. Failure to provide information within the forty -eight (48) hours will result in applicant's drug screen being reported to the Personnel Department as positive. d. If the applicant provides explanation and /or documentation within forty -eight (48) hours of the request, sufficient to satisfy the Medical Review Officer that the presence of the drug is lawful, the result of the drug screen test shall be reported to the Personnel Department as negative. B. Employee Test Results 1) Upon completion of testing, results of the drug screen and/or alcohol test shall be communicated to the Personnel Department, after compliance with the procedures listed below. a. Collection site will notify Personnel Department drug screen and/or alcohol test was negative. 2) Positive test result from drug screen and/or alcohol test. a. The Medical Review Officer shall compare the test results to the list of prescribed medications employee identified as having taken. 45 b. If a drug screen reveals a drug present which is questionable, the employee will be contracted by the Medical Review Officer in order for the employee to explain, in confidence, and /or provide additional documentation as the Medical Review Officer deems necessary to satisfy the Medical Review Officer that the presence of such drug is not unlawful. An employee shall be given the opportunity to explain, in confidence, the results of the test. c. The employee must provide the requested explanation and /or documentation as requested by the Medical Review Officer within forty -eight (48) hours of time of request. Failure to provide information within the forty -eight (48) hours will result in employee's drug screen being reported to the Personnel Department as positive. d. If the employee provides explanation and/or documentation within forty -eight (48) hours of the request, sufficient to satisfy the Medical Review Officer that the presence of the drug is lawful, the result of the drug screen test shall be reported to the Personnel Department as negative. e. An employee testing positive, to a drug screen and/or alcohol test shall result in the employee being referred to the EAP and subject to disciplinary action, which may include termination. Participation in the EAP will not jeopardize future employment or advancement, but will also not protect employees from disciplinary action(s) for continued substandard job performance or work -rule infractions. The EAP is provided to all employees as defined in this policy without charge or cost to the employee. Any cost of subsequent referrals from the EAP to other treatment programs shall be at the expense of the employee and may be covered by the employee's individual and/or group health insurance plans. f. The test results will not be disclosed to any person other than the employee, Personnel Director and those involved directly on a need to know basis. g. Any employee tampering with the results of a drug screen/alcohol test will be terminated. 8 -9 PERSONNEL ACTION FOLLOWING TESTING A. No disciplinary action, except temporary suspension or temporary transfer to another department, may be taken by the City against an employee based upon a positive test result unless the test result is confirmed by a second test, using gas chromatography -mass spectroscopy or an equivalent scientifically accepted method of equal or greater accuracy as approved by rule of the State Board of Health at the cutoff levels determined by Board rule. B. The City may take disciplinary action against an employee who refuses to undergo drug or alcohol testing conducted in accordance with the provisions of the City's Policy, the Oklahoma Standards for Workplace Drug and Alcohol Free Workplace Testing Act and/or the Omnibus Transportation Employee Testing Act and/or the Federal Drug -Free Workplace Act of 1988. C. An employee discharged on the basis of a refusal to undergo drug and/or alcohol testing or a confirmed positive drug or alcohol test conducted in accordance with the provision of the City's Policy, the Oklahoma Standards for Workplace Drug and Alcohol Testing Act and/or the Omnibus Transportation Employee Resting Act and/or the Federal Drug -Free Workplace Act of 1988 shall be considered to have been discharged for misconduct for purposes of unemployment compensation benefits. M D. An employee testing positive, to a drug screen and/or alcohol test shall result in the employee being referred to the EAP and subject to disciplinary action, which may include termination. Participation in the EAP will not jeopardize future employment or advancement, but will also not protect employees from disciplinary action(s) for continued substandard job performance or work -rule infractions. E. An employee may appeal his /her disciplinary action or termination subject to the policy and procedures found in Chapter 7 of the CITY OF OWASSO PERSONNEL MANUAL. 8 -10 SUPERVISORS TRAINING AND EMPLOYEE EDUCATION A. Supervisors Will Be Trained: 1) To recognize employees when they appear unfit for duty because of drugs or alcohol and how to determine reasonable suspicion. This training shall include a minimum of 60 minutes alcohol misuse instruction and 60 minutes controlled substance use /misuse instruction. 2) To efficiently and appropriately intervene in reasonable suspicion instances. 3) To understand the methods of the City Drug and Alcohol Free Workplace procedures. 4) To effectively and appropriately document reasonable suspicion cases prior to the test, and after the initial hearing. 5) In proper disciplinary measures. 6) In issues relative to privacy, search and seizure, and employee representation rights during investigations. 7) In the services available through the EAP, specifically as related to drug and alcohol use. B. Employee Education Shall Consist Of 1) Educating employees concerning the harmful effects of drugs and alcohol in the workplace; The City shall provide educational materials that explain the requirements of alcohol misuse and controlled substances use and the City's policies and procedures with respect to meeting these requirements. The City shall ensure that a copy of these materials is distributed to each employee prior to the start of drug and/or alcohol testing and to each driver hired or transferred into a position requiring driving a commercial motor vehicle. 2) Encouraging employees to voluntarily seek assistance through the Employees Assistance Program and the services available through the EAP; 3) Informing employees concerning the City's concern for correcting drug and alcohol use or dependency before it adversely affects an employee's work record and causes irreparable harm to the employee and the residents of the City. 4) Informing employees of possible disciplinary actions for failure to comply with either mandated testing or recommendations of the Substance Abuse Professional from the Employee Assistance Program. 47 5) The City shall provide written notice to representatives of employee organizations of the availability of this information. 6) The Personnel Director and/or his /her designee are designated by the City to answer questions concerning distributed materials and City Policies. 8 -11 RECORD KEEPING AND CONFIDENTIALITY A. City shall maintain all drug and alcohol test results and related information, including, but not limited to, reasonable suspicion documentation, interviews, reports, statements, and memoranda, as confidential records, separate from other personnel records. Such records, including the records of the testing facility, shall not be used in any criminal proceeding, or any civil or administrative proceeding except in those such actions taken by City or in any action involving the individual tested and the City or unless such records are ordered released pursuant to a valid court order. B. The records described in Paragraph A above, and maintained by City, shall be the property of the City and, upon the request of the applicant or employee tested, shall be made available for inspection and copying to the applicant or employee. The City shall not release such records to any person other than the applicant, employee or the City's Medical Review Officer, unless the applicant or employee, in writing, following receipt of the test results, has expressed granted permission for the City to release such records or pursuant to a valid court order. C. A testing facility, or any agent, representative or designee of the facility, or any Medical Review Officer, shall not disclose to the City, based on the analysis of a sample collected from an applicant or employee for the purpose of testing for the presence of drugs or alcohol, any information relating to: 1) The general health, pregnancy or other physical or mental condition of the applicant or employee; or 2) The presence of any drug other than the drug or its metabolites that the City requested be identified and for which a medically acceptable explanation of the positive results, other than the use of drugs, has not been forthcoming from the applicant or employee. Provided, however, a testing facility shall release the results of the drug or alcohol test and any analysis and information related thereto, to the individual tested upon his /her request. 8 -12 CITY RESPONSIBILITIES UNDER LAW The Personnel Department is responsible for notification of the drug testing policy and procedure to employees as specified, and educating and training of employees, Department Directors, and supervisors as outlined. The Personnel Department provides an Employee Assistance Program and will coordinate City education and training relative to drug testing and the benefits of voluntary admission into the EAP. 8 -13 EMPLOYEE NOTICE TO THE CITY It is mandatory that any employee notify the City Personnel Department, within five (5) working days, if he /she has been convicted of a criminal drug status violation. .• 8 -14 CITY NOTICE TO FEDERAL GOVERNMENT The City, as a recipient of a grant from the Community Development Block Grant Program from the United States Department of Housing and Urban Development (HUD), shall notify HUD within ten (10) days after receiving notice of any employee convicted of a criminal drug statute. 8 -15 DRUG TESTING DOES NOT PROTECT EMPLOYEES FROM LAW ENFORCEMENT AGENCIES No section of this policy is to be interpreted as protecting City employees from law enforcement agencies or agents wishing to apprehend or investigate City employees for the use, sale, or distribution of an illegal controlled or scheduled substance as a part of a bona fide criminal investigation. 8 -16 REPEAL AND CONTIUATION All previous related policies shall be repealed upon implementation of this policy. (NOTE: Implementation cannot be effective until after 30 days from the adoption or approval of new policies or modifications to existing policies.) All previous policies shall remain in effect from the date of adoption or approval of this policy until the effective date. NOTIFICATION OF STATE AND FEDERAL PENALTIES Any person who willfully and knowingly violates the provisions of the Oklahoma Standards for Workplace Drug and Alcohol Testing Act is guilty of a misdemeanor and, upon conviction, may be punished by a fine of not less than $100 or more than $5,000, by imprisonment in the county jail for not more than one year or by both. Any employer or driver who willfully and knowingly violates the provisions of 49 CFR part 382, shall be subject to the Penalty Provisions of 49 U.S.C. 521(b) which shall include fines up to $10,000.00 per offense. .• MEMORANDUM TO: THE HONORABLE MAYOR & CITY COUNCIL CITY OF OWASSO FROM: MICHELE DEMPSTER /�%� /. HUMAN RESOURCE DIRECTOR � 1 SUBJECT: FRATERNAL ORDER OF POLICE (FOP) FISCAL YEAR 2007 -2008 CONTRACT DATE: May 2, 2007 BACKGROUND: Since March, regular negotiation sessions have been conducted between staff and members of the FOP negotiating team. Staff is pleased with this year's negotiations and commends the lodge for working jointly with the City for a contract that provides wages that are competitive with Tulsa and Broken Arrow, as well as contract language that benefits both the Lodge and the City. The proposed contract includes a new Wellness Program which will reward members of the bargaining unit for attaining varying levels of physical standards based on the physical agility test required of new hires. In addition, language has been added giving the City the ability to conduct random and post - accident drug and alcohol tests. The contract includes a 5% across the board increase for fiscal year 2007 -2008. The proposed contract also includes language to ratify the same contract prior to June 30, 2008, for fiscal year 2008 -2009. The 2008 -2009 portion of the contract includes a 5% across the board increase for all ranks and an additional 5% increase in the sergeants' pay range, providing for more separation in pay between officers and sergeants. The total increase in compensation cost for fiscal year 2007 -2008 is $146,517 which is a 7.45% increase from the current fiscal year. The fiscal year 2008 -2009 portion of the contract includes a total of a 7.36% increase in compensation cost equaling $155,621. PROPOSAL: Staff intends on placing the 2007 -2008 FOP contract on the May 15, 2007 council agenda for approval. ATTACHMENTS: 1. Contract Cost Analysis 2. 2007 -2008 FOP Contract (enclosed) >C m mu)mNm u) mrm 007 u) m y7u)y mmrr r r rm NNNNmr Mom O a) M mmm7M q V?Wc? rm m7NU )NOOmc�Ommrrnnrnmommu�moo�on m m N M r o n M N 7 m m 7 m N m m M co N N N N ? m m m m 0 7 M N u) ara N 7�o mmm mmm M a) r mNm MM Mmmmm M@O c`)cl)r r r r r o u)7 mm�n n1U M co V c°+) V NMaaa c\l V M m PN7 N N N N M cm7 cl) c) oM7 cl)MMMcl)co O d U C O V tC mm lnN m MMN m m 77 MmOM r mmc� m mmm V O V 00000 r N Nm p d O r mNOm D)mMm Nu) nmr MmMN r m m m m m m m M N M M M M u) m N N F ca N r N ..yc} m M m O r r f- N 7 m M M M m M m m N N N 7 N '7 f'. cl) 1- of M M M N N m a N MmM�O r mm7 r m c) o't omMOM7 mc,o u) t2 m u)m mNr oo oc)`Om m m m r m c7 M N N N m R m u) O n m O m N M m V 7 n r M m m u) m C N m O 7 N m m m 7 M m M 7 m O f� m m r N N m m m m m m m m m m m O N o O O O N O W m O n rmmmm mu)u)mm m u) u) u) m to m7777777777777 V 777777MM-It 13 cc o N C7 mm M m� u)7 NmmmrMm7 rmM7 mm0000MmMMMMMU) u) m d O u) MmmN m 7 u) m u) V mMmu)N m7 mM mmm mmM7777 0) o) rM >. 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L a O Oo mmm �mo.2oaci m'oo(goo3cN >d d3' >Ez�oEo��d��5 > >om LL m z JYm�U� coin =� O OWU�UddF°- OmJm(n,LLSY :Em cr mJ2x o (`m7 f` O L O N R CL wdcd ca U m S MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT LOMBARDI CITY ATTORNEY AND GENERAL COUNSEL SUBJECT: PROPOSED ORDINANCE ESTABLISHING COMPETITIVE BIDDING PROCEDURE FOR PUBLIC IMPROVEMENT CONTRACTS BETWEEN $2,000 AND $25,000 DATE: May 8, 2007 BACKGROUND The City of Owasso is required to comply with several state statutes and municipal ordinances, as well as the City's charter, when awarding a public construction contract for the purpose of constructing public improvements. The attached ordinance is designed to address and remedy a gap in the competitive bid process that exists as a result of the interrelation of these statutory, charter and municipal ordinance authorities. State law known as the Public Competitive Bidding Act (Title 61 O.S. Section 101 et seq.) requires that all public construction contracts be awarded to the lowest responsible bidder following the solicitation of sealed bids. A "public construction contract" is defined within the Act as any contract exceeding $25,000 which is awarded by any public agency for the purpose of making any public improvement. A "public improvement" is defined as any beneficial or valuable change, addition or enhancement of, or upon, any real property belonging to a public agency. Thus, it is clear that state statute requires that all contracts for public improvements in excess of $25,000 must be competitively bid in conformance with the Act. In conjunction with the Public Competitive Bidding Act, the City of Owasso's charter provides in Section 4 -4 entitled "Public Improvements" that a contract for public improvements of more than $2,000 may be awarded only to the lowest and best responsible bidder after such notice and opportunity for bidding as the Council may prescribe. However, neither the charter nor the Code of Ordinances sets forth such a process for obtaining bids on these types of contracts. The combined requirements of the Public Competitive Bidding Act and the City's charter make two things clear: 1) all contracts for public improvements exceeding $25,000 must be publicly and competitively bid, and, 2) all contracts for public improvements less than $2,000 need not be similarly bid. While no specific process is contained within the Act or the City's charter for the award of public improvement contracts exceeding $2,000 but less than $25,000, the charter has clearly reserved authority in Section 4 -4 for the City Council to prescribe such a process: Section 4 -4 Public Improvements Public Improvements may be made by the city government itself or by contract. The council shall award all contracts for such improvements; provided that the council may authorize the City Manager to award such contracts not exceeding an amount to be determined by the council and subject to such regulations as the Council may prescribe. A contract for public improvements of more than $2,000 may be awarded only to the lowest and best bidder after such notice and opportunity for competitive bidding as the council may prescribe. All bids may be rejected and further notice and opportunity for competitive bidding may be given. The proposed ordinance would amend City Code of Ordinances Section 7 -104 entitled "Competitive Bidding" by adding a section governing the award of certain public improvement contracts. Specifically, this section would allow a contract for public improvements between $2,000 and $25,000 to be awarded to the lowest and best bidder after three verbal quotes have been obtained and the contract has been advertised on the City's website for seven consecutive days. The new section expressly provides that it shall not be necessary to obtain written bids prior to awarding contracts of this type. RECOMMENDATION Staff intends to recommend Council approval of the attached ordinance. ATTACHMENT Proposed Ordinance amending section 7 -104, Competitive Bidding CITY OF OWASSO, OKLAHOMA PROPOSED ORDINANCE AN ORDINANCE RELATING TO PART SEVEN, FINANCE AND TAXATION, CHAPTER ONE, FINANCE AND BUDGET ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY INCLUDING PROVISIONS ESTABLISHING PROCESS OF COMPETITIVE BIDDING FOR PUBLIC IMPROVEMENTS BETWEEN TWO THOUSAND DOLLARS AND TWENTY -FIVE THOUSAND DOLLARS. THIS ORDINANCE AMENDS PART 7, CHAPTER 1, OF THE CITY OF OWASSO CODE OF ORDINANCES, SECTION 7 -104. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE (1): Part Seven, Finance and Taxation, Chapter 1, Finance and Budget Administration, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended by providing and codifying as follows: SECTION TWO (2): SECTION 7 -104 COMPETITIVE BIDDING A. The City shall adhere to the provisions of Oklahoma Statues (1991), Title 61, Sections 101 et seq. when determining when competitive bidding is required and the manner in which competitive bids are obtained. B. If the City Charter provides for additional competitive bidding requirements, such additional requirements shall be met. C. In addition to the requirements of (A) above, public trusts created pursuant to O.S. Title 60, Section 176, of which the City is beneficiary, shall also follow the competitive bidding provisions of Section 176(g) of Title 60. D. The City is authorized to employ, implement and utilize auction electronic bidding in accordance with the provisions of 11 O.S. § 17 -115. The Administration of the City is hereby authorized to promulgate policies and procedures for implementation of the auction electronic bidding as authorized by state law to the fullest extent thereof. E. A contract for public improvements of $2,000 or more, but less than $25,000, shall be awarded to the lowest and best bidder after three verbal quotes have been obtained, and the contract has been advertised on the City of Owasso's website for seven (7) consecutive days. It shall not be necessary to obtain written bids for public improvement contracts between $2,000 and $25,000, or to publish them in a newspaper of general circulation. F. Before any purchase, or contract for, supplies, materials, equipment or contractual services are made, as otherwise provided below, including lease contracts with options to purchase, the City purchasing authority shall give written notice for sealed bids to at least three (3) persons, firms or corporations dealing in and able to supply the same, a request for quotation, or invitation to bid, and specifications, to give the opportunity to bid; or publish notice of the proposed purchase in a newspaper of general circulation within the city. He shall favor a person, firm or corporation in the city when this can be done without additional cost to the City; but he shall submit requests for quotation to those outside the city when this may be necessary to secure bids or to create competitive conditions, or when he thinks that by so doing he can make a saving for the city and shall purchase from them when he can make a saving for the city. All bids shall be sealed and shall be opened in public at a designated time and place. He may repeatedly rej ect all bids, and again may submit to the same or other persons, firms or corporations the request for quotation, or incitation to bid, or again publish notice of the proposed purchase. He may purchase only from the bidder whose bid is most advantageous to the City, considering price, quality, date of delivery and so on, and in case of a tie, may purchase from on of those tying, or may divide the purchase among those tying, always accepting the bid or bids most advantageous to the City. (Ord No. 819, 07/50/2005; Ord. No. 842 02/21/2006) SECTION THREE (3): Repealer All ordinances, or parts of ordinances, in conflict with this ordinance are repealed to the extent of the conflict only. SECTION FOUR (4): Declaring an Effective Date The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION FIVE (5): Severability If any part or parts of this ordinance are held invalid or ineffective, the remaining portion shall not be affected but remain in full force and effect. SECTION SIX (6): Codification The City of Owasso Code of Ordinances is hereby amended by amending Sections 7- 104(E) and (F) to be codified in Part 7, Chapter 1, as section 7 -104. PASSED by the City Council of the City of Owasso, Oklahoma on the day of , 2007. Stephen Cautadella, Mayor ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED as to form and legality this day of 12007 Julie Lombardi City Attorney