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2017.08.01_City Council Agenda_Addendum
PUBLIC NOTICE OF AN ADDENDUM TO THE MEETING OF THE OWASSO CITY COUNCIL RF3 Ci�,cl r*s ?017 The Owasso City Council will meet in regular session on Tuesday, August 1, 2017 at 6:30 pm at Old Central, 109 N Birch, Owasso, Oklahoma. Notice of addendum filed in the office of the City Clerk and posted at City Hall, 200 S in St, at 4:30 pm on Monday, July 31, 2017. ' Sherry Bish , City Clerk ADDENDUM The following is submitted as an addendum to the Owasso City Council Agenda filed on Friday, July 28, 2017. Items numbered 1 -14 and 16 -21 shall remain the same. Item number 15 shall now read as follows: 15. Consideration and appropriate action relating to Resolution 2017 -14, implementing Tentative Agreements between the City of Owasso and the Fraternal Order of Police Lodge #149 for FY 2017 -2018 PUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL m Council Chambers, Old Central Building 109 N Birch, Owasso, OK 74055 Regular Meeting Tuesday, August 1, 2017 - 6:30 pm 1. Call to Order Mayor Lyndell Dunn 2. Invocation Pastor Bill Ascol of Bethel Baptist Church 3. Flag Salute 4. Roll Call 5. Presentation of the Character Trait of Punctuality Kathy Curtis, Character Council Member 6. Presentation of the Employee of the Quarter Warren Lehr RECEIVED JUL 2 8 CRY Clerks offic, 7. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes • July 18, 2017, Regular Meeting B. Approve claims C. Accept public infrastructure improvements including water system improvements and concrete approach and sidewalk at La Quint Inn and Suites located at 8949 N Garnett Rd D. Approve and authorize the Mayor to execute the following "Agreement for Urban Engineering Services ": • Rogers Engineering & Construction, Inc., for concrete entrances, decel lanes, drainage structures, sidewalk and sanitary sewer for Mallard Crossing. • Morrison Shipley Engineers, for concrete entrance drives, curbed island, concrete sidewalks, 6" barrier curb, 8" water mains and fire hydrants for Casey's General Store 8. Consideration and appropriate action relating to items removed from the Consent Agenda 9. Consideration and appropriate action relating to a contract for alarm management services for administration of the alarm ordinance Scott Chambless Staff recommends approval of the contract with Public Safety Corporation (Crywolf) and authorization for the City Manager to execute the contract. Owasso City Council August 1, 2017 Page 2 10. Consideration and appropriate action relating to a resolution, establishing rules for the Owasso Dog Park, known as the "Waggin' Trail" Lary Langford Staff recommends approval of Resolution 2017 -12. 11. Consideration and appropriate action relating to the purchase of asphalt for the sports park access roadway and parking lot Larry Langford Staff recommends approval to purchase asphalt materials for the overlay portion of the Sports Park roadway and parking lots from APAC in an amount not to exceed $550,000 utilizing the Tulsa County bid rates. 12. Consideration and appropriate action relating to right -of -way acquisition for the E 76 St N Widening Improvements from US 169 to N 129 E Ave Roger Stevens Staff recommends approval of the agreements and purchase right -of -way, easement and compensation for damages in the amount of $20,000 and authorization for payment to the Owasso Masonic Lodge #545. 13. Consideration and appropriate action relating to right -of -way acquisition for the E 116 St N and Mingo Intersection Widening Improvements and the Garrett Creek /Morrow Place Sanitary Sewer Improvements Roger Stevens Staff recommends approval of the agreements and purchase right -of -way in the amount of $68,541 and authorization for payment to Cornerstone Center Inc. 14. Consideration and appropriate action relating to the Payment of Commissioners' Award, Commissioners' Fees and any other assessed court fees in City of Owasso v. Doris J. Barnes et al. (condemnation proceedings to acquire right -of -way for the North Garnett Road Widening Project from 96th Street North to 106th Street North) Julie Lombardi Staff recommends authorization for payment to the District Court of Tulsa County of the Commissioners' Report in the amount of $60,000, and any additional fees charged by the Court. Staff additionally seeks authorization to pay Commissioners' Fees in the amount of $3,000. 15. Consideration and appropriate action relating a resolution continuing the current contract between the City and the Fraternal Order of Police Lodge #149, with the exception of Article 13, Grievance Procedures Warren Lehr Staff recommends approval of Resolution 2017 -13. 16. Report from City Manager • Public Works Monthly Project Status Report Owasso City Council August 1, 2017 Page 3 17. Report from City Attorney 18. Report from City Councilors 19. Official Notices to Council (documents for acknowledgment or information only, no discussion or action will be taken) • Payroll Payment Report - Pay Period Ending Date 7/22/17 • Health Care Self- Insurance Claims - dated as of 7/27/17 20. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 21. Adjournment Notice of Public Meeting filed in the office of the City Clerk and the Agenda posted at City Hall, 200 S Main St, at 6:00 pm on Friday, July 28, 2017. Sherry Bisho , City Clerk OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, July 18, 2017 The Owasso City Council met in regular session on Tuesday, July 18, 2017, in the Council Chambers at Old Central, 109 N Birch, Owasso, Oklahoma, per the Notice of Public Meeting and Agenda filed in the office of the City Clerk and posted at City Hall, 200 S Main St, at 6:00 pm on Friday, July 14, 2017. 1. Call to Order Mayor Lyndell Dunn called the meeting to order at 6:30 pm. 2. Invocation The invocation was offered by Pastor Ricky Ardle of New Life Assembly. 3. Flag Salute Mayor Dunn led the flag salute. 4. Roll Call Present Mayor - Lyndell Dunn Vice -Mayor - Chris Kelley Councilor- Doug Bonebrake Councilor- Jeri Moberly A quorum was declared present. Staff: City Manager - Warren Lehr City Attorney - Julie Lombardi Absent Councilor - Bill Bush 5. Presentation of Proclamation Mayor Dunn presented a proclamation declaring Tuesday, July 18, 2017, as Owasso High School Lady Rams Golf Day in the City of Owasso. 6. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (All matters listed under "Consent' are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes • July 5, 2017, Regular Meeting • July 11, 2017, Regular Meeting B. Approve claims C. Accept a donation from the Cherokee Nation and approve a budget amendment increasing estimated revenue in the General Fund by $3,000 and increasing the appropriation for expenditures in the Police Services budget by $3,000. D. Declare the 1996 International /Heil rear -load refuse collection vehicle as surplus to the needs of the City and authorize disposal by auction. Mr. Bonebrake moved, seconded by Dr. Kelley to approve the Consent Agenda with claims totaling $929,481.27. YEA: Bonebrake, Kelley, Moberly, Dunn NAY: None Motion carried: 4 -0 Owasso City Council July 18, 2017 Page 2 Consideration and appropriate action relating to items removed from the Consent Agenda None 8. Consideration and appropriate action relating to a professional services agreement for behavioral health services with First Responder Support Services and a budget amendment Michele Dempster presented the item recommending approval of a Master Services Agreement for behavioral health services with First Responder Support Services in the amount of $23,966.25 and authorization for the City Manager to execute the agreement. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Ms. Moberly to approve the agreement and authorize the City Manager to execute the agreement, as recommended. YEA: Bonebrake, Kelley, Moberly, Dunn NAY: None Motion carried: 4 -0 Ms. Dempster further recommended approval of a budget amendment increasing the appropriation for expenditures in the Police Department, Half -Penny Sales Tax Fund by $15,495 and in the Fire Department, Half -Penny Sales Tax Fund by $10,650. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Ms. Moberly to approve the budget amendment, as recommended. YEA: Bonebrake, Kelley, Moberly, Dunn NAY: None Motion carried: 4 -0 Consideration and appropriate action relating to right -of -way acquisition for the E 76 St N Widening Improvements from US 169 to N 129 E Ave Roger Stevens presented the item recommending approval of the agreement to purchase right of way, easement and compensate for damages in the amount of $41,000 and authorize payment to the Russel R. Cramer Living Trust. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Ms. Moberly to approve the agreement and payment, as recommended. YEA: Bonebrake, Kelley, Moberly, Dunn NAY: None Motion carried: 4-0 10. Consideration and appropriate action relating to Resolution 2017 -11, designating the City Manager as the settlement representative for the settlement conference in the litigation styled, Cody Robert Mathews V. City of Owasso, et al., and additionally granting full and final sett lement authority in this litigation matter to the City Manager or his designee Julie Lombardi presented the item recommending approval of Resolution 2017 -11. There were no comments from the audience by Ms. Moberly to approve Resolution 2017 -11, YEA: Bonebrake, Kelley, Moberly, Dunn NAY: None Motion carried: 4 -0 After discussion, Dr. Kelley moved, seconded as recommended. Owasso City Council July 18, 2017 Page 3 Mayor Dunn called for a motion to recess the City Council meeting in order to conduct the Owasso Public Works Authority and Owasso Public Golf Authority meetings. Mr. Bonebrake moved, seconded by Ms. Moberly to recess the City Council meeting. YEA: Bonebrake, Kelley, Moberly, Dunn NAY: None Motion carried 4 -0 and the meeting was recessed at 6:59 pm. Mr. Bonebrake moved, seconded by Ms. Moberly to reconvene the meeting of the City Council. YEA: Bonebrake, Kelley, Moberly, Dunn NAY: None Motion carried 4 -0 and the meeting reconvened at 7:12pm 11. Consideration and appropriate action relating to a request for an executive session for purpose of discussing negotiations with the Fraternal Order of Police, Lodge No. 149, as provided for in Title 25, O.S. § 307(B)(2) Dr. Kelley moved, seconded by Mr. Bonebrake to enter into executive session. YEA: Bonebrake, Kelley, Moberly, Dunn NAY: None Motion carried: 4 -0 At 7:13 pm, the Council, along with Warren Lehr, Julie Lombardi, Michele Dempster, and Scott Chambless entered into executive session. At 8:02 pm, the Council returned to open session. 12. Report from City Manager None 13. Report from City Attorney None 14. Report from City Councilors Ms. Moberly reported on the INCOG General Assembly meeting held Tuesday, July 11, 2017. 15. Official Notices to Council (documents for acknowledgment or information only, no discussion or action will be taken) • Payroll Payment Report - Pay Period Ending Date 7/08/17 • Health Care Self- Insurance Claims - dated as of 7113117 • Monthly Budget Status Report - June 2017 16. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) None Owasso City Council July 18, 2017 Page 4 17. Adjournment Ms. Moberly moved, seconded by Mr. Bonebrake to adjourn the meeting. YEA: Bonebrake, Kelley, Moberly, Dunn NAY: None Motion carried 4 -0 and the meeting adjourned at 8:05 pm. Lyndell Dunn, Mayor Lisa Wilson, Minute Clerk Fund 01 GENERAL Claims List - 8/1/2017 Vendor Name AEP /PSO JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK RGR SECURITY SOLUTIONS, LLC Payable Description Payment Amount ELECTRIC USE $197.18 AMAZON - SUPPLIES $135.57 BEST BUY - SUPPLIES $120.96 BLINDS.COM - SUPPLIES $156.81 HOME DEPOT - SUPPLIES $22.57 NECTAR - UNIFORMS $34.99 NORTHERN TOOL- SUPPLY $192.53 OREILLY -AUTO PARTS $18.75 SPAY OK- STERILIZATION $155.00 TACTICAL - UNIFORMS $59.99 WALMART- SUPPLIES $246,50 AC BLDG. CAMERA REP $165.00 GEN ANIMAL CONTROL -Total $1,505.85 AEP /PSO ELECTRIC USE $19.94 JPMORGAN CHASE BANK GRAINGER -SAFE $619.45 JPMORGAN CHASE BANK TURF LAND -BELT $80.59 SPOK, INC. PAGER USE $8.88 UNIFIRST HOLDINGS LP UNIFORM CLEANING $14.82 WINFIELD SOLUTIONS, LLC VEGETATION CONTROL $672.13 GEN CEMETERY -Total ORPS - MEMBERSHIP $1,415.81 CENTER FOR ECONOMIC DEVELOPMENT LEGAL CONSULTING SVCS $250.00 GEN COM DEV TIP -Total $250.00 AEP /PSO ELECTRIC USE $1,643.61 GRAND GATEWAY ECO. DEV. ASSC. MAY2017 SENIOR FARES $288.00 JPMORGAN CHASE BANK AMAZON - SUPPLIES $162.99 JPMORGAN CHASE BANK AMAZON - SUPPLIES $301.27 JPMORGAN CHASE BANK LOWES - SUPPLIES $80.23 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $397.54 JPMORGAN CHASE BANK ORPS - MEMBERSHIP $45.00 GEN COMMUNITY CENTER -Total $2,918.64 HAROLD RANDALL PINNEY CODE ENFORCEMENT $300.00 MOWING INCOG 1ST QTR DUES $6,612.50 JPMORGAN CHASE BANK DLT- COMPUTER EQUIP $323.03 JPMORGAN CHASE BANK FASTSIGNS- NAMEPLATES $55.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $9.89 JPMORGAN CHASE BANK WALMART - SUPPLIES $40.17 KENNETH LIVINGSTON CODE ENFORCEMENT $700.00 MOWING GEN COMMUNITY DEVELOPMENT - Total $8,040.59 JPMORGAN CHASE BANK AT YOUR SERV - RENTAL $442.68 1 Claims List - 8/1/2017 Fund Vendor Name Payable Description Payment Amount 01 GENERAL JPMORGAN CHASE BANK SUPPLIES $6.69 JPMORGAN CHASE BANK USPS - POSTAGE $8.13 GEN CULTURE & RECREATION -Total $457,50 JPMORGAN CHASE BANK DELL - LAPTOP $1,096.26 JPMORGAN CHASE BANK DELL - LAPTOP EQUIPMENT $224.96 JPMORGAN CHASE BANK DELL - MONITOR $174.43 JPMORGAN CHASE BANK MIA BELLA ART- PHOTOS $1,950.00 JPMORGAN CHASE BANK ODEC- CONFERENCE $155.00 GEN ECONOMIC DEV -Total $3,600.65 AEP /PSO ELECTRIC USE $91.77 GEN EM ERG PREPAREDNESS -Total $91.77 JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES $89.97 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $137.06 UNIFIRST HOLDINGS LP UNIFORM CLEANING $30.92 UNITED STATES CELLULAR PW CELL PHONES $40.38 CORPORATION GEN ENGINEERING -Total $298,33 INTEGRITY CLIENT SERVICES, LLC ACTUARIAL VALUATION $3,750.00 JPMORGAN CHASE BANK AMAZON- SUPPLIES $194.76 JPMORGAN CHASE BANK FUEL EXPENSE $40.00 JPMORGAN CHASE BANK NEOKAPA- CONFERENCE $250.00 GEN FINANCE -Total - $4,234.76 AEPIPSO ELECTRIC USE $4,350.27 BH MEDIA HOLDING GROUPS, INC ADVERTISEMENT $89.36 BH MEDIA HOLDING GROUPS, INC ORDINANCE ADVERTS $782.32 CINTAS CORPORATION CARPET CLEANING $67.00 JPMORGAN CHASE BANK AMER WASTE- REFUSE SVC $81.32 MAILROOM FINANCE INC POSTAGE MAIL MACHINE $1,000.00 OMECORP, LLC E -CERT LABELS $8.95 GEN GENERAL GOVERNMENT -Total $6,379.22 AEP /PSO ELECTRIC USE $146.59 GEN HISTORICAL MUSEUM -Total $146.59 JPMORGAN CHASE BANK GALLUP - ASSESSMENT $19.99 JPMORGAN CHASE BANK SEARS-SUPPLIES $74.00 GEN HUMAN RESOURCES -Total $93.99 JPMORGAN CHASE BANK AMAZON - BATTERY BACKUP $89.99 JPMORGAN CHASE BANK AMAZON- EQUIPMENT $219.28 JPMORGAN CHASE BANK COX - CITY INTERNET $2,398.28 JPMORGAN CHASE BANK FASTENALSUPPLIES $14.30 JPMORGAN CHASE BANK HOSTICA- DOMAIN FEE $25.90 K Claims List - 8/1/2017 Fund Vendor Name Payable Description Payment Amount 01 GENERAL JPMORGAN CHASE BANK OFFICE DEPOT - PAPER $13.99 JPMORGAN CHASE BANK OFFICE DEPOT - BACKUPS $749.90 JPMORGAN CHASE BANK OFFICE DEPOT -EQUIP $175.92 JPMORGAN CHASE BANK SEARS- SUPPLIES $73.99 JPMORGAN CHASE BANK SUGA - CONFERENCE FEE $410.00 JPMORGAN CHASE BANK SURVEYMONKEY- SERVICE $299.00 GEN INFORMATION TECH -Total $4,470.55 JPMORGAN CHASE BANK WOOT- COMPUTER EQUIP $201.04 JPMORGAN CHASE BANK WOOT- REFUND ($16.05) TREASURER PETTY CASH PASTOR MEETING EXPENS $12.00 GEN MANAGERIAL -Total $196.99 YOUTH SERVICES OF TULSA YOUTH SERVICES $4,125.00 GEN MUNICIPAL COURT -Total $4,125.00 AEP /PSO ELECTRIC USE $1,454.44 ANDREA SMITH PARK RESTROOMS $1,450.00 JANITORIAL FREDRICK COSTIN JR ATOR PARK MOWING $180.00 FREDRICK COSTIN JR RAYOLA PARK MOWING $516.00 FREDRICK COSTIN JR SKATE PARK MOWING $180.00 FREDRICK COSTIN JR VETERAN PARK MOWING $165.00 JPMORGAN CHASE BANK ATWOOD - SUPPLIES $34.99 JPMORGAN CHASE BANK CORNERSTONE- SUPPLIES $72,76 JPMORGAN CHASE BANK LOWES - BULBS $20.62 JPMORGAN CHASE BANK P & K - MOWER BLADE $72.33 MIRACLE RECREATION EQUIPMENT TIRE SWING REPLACEMENT @ $1,238.60 ROGERS COUNTY RURAL WATER PARKS WATER SERVICES $286.75 DISTRICT UNIFIRST HOLDINGS LP PARKS STAFF UNIFORMS $71.88 UNIFIRST HOLDINGS LP UNIFORM SERVICE $47.92 VERDIGRIS VALLEY ELECTRIC COOP PARKS ELECTRIC $156.23 WASHINGTON CO RURAL WATER PARK WATER SERVICE $132.90 DISTRICT MCCART GEN PARKS -Total $6,080.42 JPMORGAN CHASE BANK BROWN FARMS -SOD $21.00 TWIN CITIES READY MIX, INC CONCRETE FOR GOLF $132.50 COURSE GEN PARKS PUB ART BENCHES -Total $153.50 AEP /PSO ELECTRIC USE $316.90 DEPARTMENT OF PUBLIC SAFETY OLETS $350.00 JPMORGAN CHASE BANK AMAZON - SUPPLIES $119.77 JPMORGAN CHASE BANK LOWES - SUPPLIES $59.98 JPMORGAN CHASE BANK SAMS - SUPPLIES $36.92 3 Claims List - 8/1/2017 Fund Vendor Name Payable Description Payment Amount 01 GENERAL JPMORGAN CHASE BANK TRAINING EXPENSE $357.00 JPMORGAN CHASE BANK WALMART - SUPPLIES $55.76 GEN POLICE COMMUNICATIONS -Total GLOBAL INDUST- LADDER $1,296.33 CINTAS CORPORATION FIRST AIDSUPPLIES, INV 5 $38.18 JPMORGAN CHASE BANK ATWOODS -HITCH PINS $11.98 JPMORGAN CHASE BANK ATWOODS -PART $0.19 JPMORGAN CHASE BANK BROWN FARMS - SOD $24.50 JPMORGAN CHASE BANK DELL - COMPUTER $2,088.94 JPMORGAN CHASE BANK DELL - COMPUTERS $5,064.42 JPMORGAN CHASE BANK GRAINGER -PPE $51.50 JPMORGAN CHASE BANK HD SUPPLY - RETURN ($390.00) JPMORGAN CHASE BANK HD SUPPLY- SUPPLIES $390.00 JPMORGAN CHASE BANK KUBOTA -BOLTS $34.68 JPMORGAN CHASE BANK KUBOTA -TOOLS $26.95 JPMORGAN CHASE BANK LOWES- SPRING $3.28 - JPMORGAN CHASE BANK NEW HOLLAND -PARTS $173.36 JPMORGAN CHASE BANK QUALITY TIRE - TUBES $50.00 JPMORGAN CHASE BANK TAMUK -EPA CONFERENCE $300.00 JPMORGAN CHASE BANK WOOT- COMPUTER $1,747.65 JPMORGAN CHASE BANK WOOT- REFUND ($142.67) SPOK, INC. PAGER USE $48.40 TREASURER PETTY CASH PARKING $2.00 UNIFIRST HOLDINGS LP UNIFORM CLEANING $64.26 WINFIELD SOLUTIONS, LLC VEGETATION CONTROL $672.12 GEN STORMWATER -Total $10,259.74 JPMORGAN CHASE BANK ASSOC PARTS -FAN BLADE $41.90 JPMORGAN CHASE BANK COX -OLD CTRL INTERNET $69.95 JPMORGAN CHASE BANK GLOBAL INDUST- LADDER $463.43 JPMORGAN CHASE BANK JOHNSTONE -FAN MOTOR $114.19 JPMORGAN CHASE BANK LOCKE -TOOLS $9.90 JPMORGAN CHASE BANK LOTA - PARKING $7.00 JPMORGAN CHASE BANK LOWES - CLEANER $18.96 JPMORGAN CHASE BANK LOWES -DRILL BITS $11.96 JPMORGAN CHASE BANK LOWES -FLEX SEAL $25.96 JPMORGAN CHASE BANK LOWES- SUPPLIES $6.41 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES $39.81 GEN SUPPORT SERVICES -Total $809.47 TREASURER PETTY CASH CC REFUND /ANGELO $100.00 TREASURER PETTY CASH CC REFUND /BADONI $50.00 TREASURER PETTY CASH CC REFUND /BARROS $100.00 TREASURER PETTY CASH - CC REFUND /BEESON $50.00 4 Claims List - 8/1/2017 Fund Vendor Name Payable Description Payment Amount 01 GENERAL TREASURER PETTY CASH CC REFUND /HARRIS $50.00 TREASURER PETTY CASH CC REFUND /NEWTON $100.00 TREASURER PETTY CASH CC USER REFUND /CLARKE $75.00 TREASURER PETTY CASH OC REFUND /BOWMAN $100.00 TREASURER PETTY CASH OC REFUND /CAMPBELL $100.00 TREASURER PETTY CASH OC REFUND /WALKABOUT $350.00 GENERAL -Total $1,075,00 GENERAL -Total $57,900.70 20 AMBULANCE SERVICE MEDICLAIMS INC BILLING SERVICES $12,938.48 AMB SERVICES AMBULANCE -Total $12,938.48 JPMORGAN CHASE BANK ADVANCE AUTO - REPAIR $24.43 JPMORGAN CHASE BANK JIM GLOVER - REPAIR $872.86 JPMORGAN CHASE BANK ZOLL - SUPPLIES $2,736.50 AMBULANCE -Total $3,633.79 AMERICAN MUNICIPAL SERVICES CORP. AMB COLLECTION SERVIC $82.50 AMBULANCE SERVICE -Total $82.50 AMBULANCE SERVICE -Total $16,654.77 21 E -911 AT &T E911 MAPPING SVCS - $355.35 COX COMMUNICATIONS SVC FEE T -1 CIRCUIT $233.95 INCOG -E911 E911 ADMIN SVC FEES $8,141.74 JPMORGAN CHASE BANK TOTAL RADIO -MAINT $410.00 E911 COMMUNICATIONS -Total $9,141.04 E -911 -Total $9,141.04 25 HOTELTAX AEP /PSO ELECTRIC USE $20.10 GOVERNOR'S ECONOMIC DEVELOPMENT REGISTRATION $85.00 HOTEL TAX ECON DEV -Total $105.10 JPMORGAN CHASE BANK HOBBY LOBBY - SUPPLIES $7.48 JPMORGAN CHASE BANK OWASSO EXPR- CLEANING $18.05 STRONG NEIGHBORHOODS • Total $25.53 HOTEL TAX • Total $130.63 27 STORMWATER MANAGEMENT USGS NATIONAL CENTER OPERATION & MAINTENANCE - $4,300.00 STORMWATER -Total $4,300.00 AEP /PSO ELECTRIC USE $574.58 ANCHOR STONE COMPANY ROCK FOR DRAIN PIPE ELM C $122.49 INCOG GCSA ANNUAL MEMBERSHIP $4,000.00 DU JPMORGAN CHASE BANK BRUNDAGE- CONCRETE $714.79 JPMORGAN CHASE BANK ELLIS CO - RENTAL $60.06 JPMORGAN CHASE BANK ELLIS- FORMS /BOLTS $113.92 JPMORGAN CHASE BANK EQUIP ONE - RENTAL $31.00 5 Claims List 88/1/2017 Vendor Name Payable Descdp8on Payment Amount Fund STORMWATER MANAGEMENT JPMORGAN CHASE BANK LOWES- LUMBER $134.73 $112.85 27 JPMORGAN CHASE BANK LOWES - SUPPLIES JPMORGAN CHASE BANK LOWES -PIPE $85.24 JPMORGAN CHASE BANK TAMUK- EPACONFERENCE $600.00 TWIN CITIES READY MIX, INC CONCRETE FOR ELM CRK $1,358.00 $7,907.66 STORMWATER- STORMWATER •Total $12,207.66 STORMWATER MANAGEMENT •Total $4,200.00 BENCHMARK SURVEYING & LAND SURVEYING SERVICES 34 VISION TAX SERVICES $4,200.00 VSN RECAP GARNETT TO 129 -Total ENGINEERING SERVICES - 11 $69,363.00 GARNER $69,363.00 VSN RECAP MINGO TO GARNET -Total $73,563.00 VISION TAX • Total OWASSO DOG PARK - VISION $35,357.69 35 PARK DEVELOPMENT CARTER DOUGLAS COMPANY LLC $35,357.69 PARK DEV DOG PARK • Total $35,357.69 PARK DEVELOPMENT -Total OWASSO DOG PARK - VISION $82,563.62 36 CAPITAL IMPROV GRANTS CARTER DOUGLAS COMPANY LLC $82,563.62 VSN 2025 DOG PARK -Total SPORTS PARK PARKING LOT I $41,395.67 GROUND LEVEL LLC $41,395.67 VSN 2025 SPORTS PARK RDS -Total $123,959.29 CAPITAL IMPROV GRANTS -Total $4,072.13 ELECTRIC USE 37 SALES TAX FIRE S AEPIPO REPAIR $580.00 DUVALL ELECTRIC, LLC $260.00 DUVALL ELECTRIC, LLC REPAIRS $60.00 GREEN COUNTRY FIRE CHIEF'S ASSOC. MEMBER DUES JPMORGAN CHASE BANK ACADEMY - UNIFORMS $129 98 JPMORGAN CHASE BANK ACADEMY- UNIFORM $149'98 JPMORGAN CHASE BANK ACADEMY - UNIFORMS $109.99 ATWOOD- ABSORBANT $59.90 JPMORGAN CHASE BANK $1.80 JPMORGAN CHASE BANK BUMPER - BUMPER - LIGHT JPMORGAN CHASE BANK CHAMPS-UNIFORMS $160.00 FIRE - PARTS $83.57 JPMORGAN CHASE BANK ALE &LEES -HVAC REPAIR DALE&L $88.00 JPMORGAN CHASE BANK $31.79 JPMORGAN CHASE BANK DRY CLEANING- UNIFORMS JPMORGAN CHASE BANK EMTEC -PEST CONTROL $85.00 FLEET FEET - UNIFORMS $110,00 JPMORGAN CHASE BANK $125.00 JPMORGAN CHASE BANK FLEET FEET- UNIFORM JPMORGAN CHASE BANK IMAGENET- RENTAL $440.17 JPMORGAN CHASE BANK LODGING EXPENSE $656.05 JPMORGAN CHASE BANK LOWES -TARPS $77.94 Claims List - 8/1/2017 Fund Vendor Name Payable Description Payment Amount 37 SALES TAX FIRE JPMORGAN CHASE BANK NEW BALANCE- RETURN ($81.00) JPMORGAN CHASE BANK NEW BALANCE- UNIFORM $215.96 JPMORGAN CHASE BANK NOBULL - UNIFORMS $735.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $94.27 JPMORGAN CHASE BANK OK FIRE CHIEF -DUES $180.00 JPMORGAN CHASE BANK OK POLICE SPL- UNIFORM $69.50 JPMORGAN CHASE BANK ROGUE FITNESS - UNIFORM $295.42 JPMORGAN CHASE BANK SAMS - SUPPLIES $104.98 JPMORGAN CHASE BANK SHOE CARNIVAL- UNIFORM $122.00 JPMORGAN CHASE BANK SPECIAL OPS- UNIFORMS $224.97 JPMORGAN CHASE BANK TACTICAL GEAR - UNIFORM $103.99 JPMORGAN CHASE BANK TRACE ANALYTICS -KIT $332.00 JPMORGAN CHASE BANK WALMART - SUPPLIES $152.54 SALES TAX FUND -FIRE -Total $9,830.93 SALES TAX FIRE -Total $9,830.93 38 SALES TAX POLICE AEP /PSO ELECTRIC USE $4,171.79 COLOSSUS, INC. MOBILE COP $1,706.25 COPY WORLD BUSINESS SOLUTIONS, LLC COPIER MAINT $200.00 DRAKE SYSTEMS INC COPIER LEASE $447.51 FELKINS ENTERPRISES, LLC ALARM DOOR HANGERS $350.00 JPMORGAN CHASE BANK AMAZON - SUPPLIES $145.05 JPMORGAN CHASE BANK AMAZON -TOOLS $325.65 JPMORGAN CHASE BANK ATWOOD - SUPPLIES $1.88 JPMORGAN CHASE BANK DONGS SPORTS - TOOLS $619.99 JPMORGAN CHASE BANK GALLS - UNIFORMS $154.80 JPMORGAN CHASE BANK HOME DEPOT- SUPPLIES $21.46 JPMORGAN CHASE BANK JOTTO DESK -TOOLS $2,459.16 JPMORGAN CHASE BANK LOCKE- REPAIR PARTS $86.96 JPMORGAN CHASE BANK MEETING EXPENSE $147.14 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $77.41 JPMORGAN CHASE BANK PETSMART -K9 SUPPLIES $123.98 JPMORGAN CHASE BANK QUIKTRIP - SUPPLIES $3.99 JPMORGAN CHASE BANK SAFARILAND - DRUG KIT $753.00 JPMORGAN CHASE BANK SAMS - SUPPLIES $134.56 JPMORGAN CHASE BANK SHAMROCK - SUPPLIES $58.82 JPMORGAN CHASE BANK SOUTHERN AG- SUPPLIES $219.95 JPMORGAN CHASE BANK USPO- POSTAGE $30.60 JPMORGAN CHASE BANK WALMART - SUPPLIES $23.76 LENOX WRECKER SERVICE INC TOWING FELL VEHICLES $125.00 SPECIAL OPS UNIFORMS, INC UNIFORMS $2,241.09 SPECIAL OPS UNIFORMS, INC UNIFORMS ARNOLD MAYERS $2,399.04 7 a Claims List - 8/1/2017 Fund Vendor Name Payable Description Payment Amount 38 SALES TAX POLICE SPOK, INC. PAGER USE $35.52 TREASURER PETTY CASH HEALTH CERTIFICATION $10.00 TREASURER PETTY CASH KEYS $5.86 TREASURER PETTY CASH SHIPPING CHARGES $77.44 TREASURER PETTY CASH USPCATRAINING $98.00 TREASURER PETTY CASH VEHICLETAG $30.00 VIEVU, LLC VIEVU STRAIGHT SHOOTER $250.00 SALES TAX FUND- POLICE -Total $17,535.66 SALES TAX POLICE -Total $17,535.66 39 SALES TAX STREETS AEP /PSO ELECTRIC USE $1,643.54 CINTAS CORPORATION FIRST AID SUPPLIES, INV 5 $38.18 JPMORGAN CHASE BANK APWA- MEMBERSHIP FEE $190.00 JPMORGAN CHASE BANK BEST BUY - REFUND ($60.00) JPMORGAN CHASE BANK DELL - COMPUTER $1,434.66 JPMORGAN CHASE BANK DELL - COMPUTERS $2,888.34 JPMORGAN CHASE BANK DELL - LAPTOP $269.94 JPMORGAN CHASE BANK FASTENAL- .SUPPLIES $95.09 JPMORGAN CHASE BANK GRAINGER -PPE $13.05 JPMORGAN CHASE BANK INTERSTATE - BATTERY $143.55 JPMORGAN CHASE BANK MAXWELL SUPPLY -RAKES $79.70 JPMORGAN CHASE BANK OFFICE DEP- BACKUPS $899.88 SIGNALTEK INC SIGNAL MAINT-JUN2017 $2,041.42 SIGNALTEK INC TRAFFIC SIGNAL MAINT $1,000.00 SPOK, INC. PAGER USE $119.94 TRAFFIC ENGINEERING 96 ST N COORDINATED $1,870.80 CONSULTANTS,INC TREASURER PETTY CASH COL LICENSE/ALLISON $25.00 TREASURER PETTY CASH CDL LICENSE/LUCAS $85.50 TREASURER PETTY CASH CDL LICENSEITHOMPSON $25.00 TWIN CITIES READY MIX, INC CONCRETE - $1,920.00 TWIN CITIES READY MIX, INC TYPE I REPAIR AT 14101 E $6,288.00 UNIFIRST HOLDINGS LP UNIFORM CLEANING $127.32 SALES TAX FUND-STREETS -Total $21,139.11 SALES TAX STREETS -Total $21,139.11 40 CAPITAL IMPROVEMENTS JONES LANG LASALLE AMERICAS INC APPRAISAL SERVICES $3,000.00 CIP 1061145TH INTERSECT -Total $3,000.00 FELKINS ENTERPRISES, _LC TRAFFIC CONTROL SIGNS -7 $70.00 GRADE LINE CONSTRUCTION 76 ST N & MAIN INTERSECT] $98,997.27 TULSA COUNTY HIGHWAY DETOUR SIGNS FOR 76ST $712.40 CONSTRUCTION CIP 761MAIN INTERSECT IMP -Total $99,779.67 L Fund Claims List - 8/1/20.17 Vendor Name Payable Description Payment Amount 40 CAPITAL IMPROVEMENTS EARTH SMART CONSTRUCTION INC BROOKFIELD CROSSING $46,676.35 STORM CIP BROOKFIELD CROSSING - Total $46,676.35 DEWBERRY ENGINEERS, INC ENGINEERING SERVICES - GA $1,392.30 WORKERS' COMP SELF -INS -Total $8,467.50 WORKERS' COMP SELF -INS -Total $8,467.50 77 GENERAL LIABILITY - PROPERT JPMORGAN CHASE BANK SAFELITE -TORT CLAIM $209.98 GEN LIAR -PROP SELF INS -Total $209.98 GENERAL LIABILITY- PROPERT -Total $209.98 78 HEALTHCARE SELF INS FUND AETNA STOP LOSS REPORTING ADMIN $4,600.00 SELF -INS HEALTHCARE -Total $4,600.00 HEALTHCARE SELF INS FUND -Total $4,600.00 w CIP GARN WIDE 96TH•106TH -Total $1,392.30 CRAFTON, TULL AND ASSOCIATES, INC ENGINEERING DESIGN $72,082.33 CIP SRVC RD IMP 106.116 -Total $72,082.33 CAPITAL IMPROVEMENTS -Total $222,930.65 70 CITY GARAGE AEP /PSO ELECTRIC USE $411.09 AT &T MOBILITY WIRELESS SERVICE $57.86 CURRENT SOFTWARE, INC EXTRA FLEET TECH SUP ANNU $500.00 GIL SAURER DBA PHOENIX RECYCLING USED OIL FILTER RECYCLING $50.00 JPMORGAN CHASE BANK AMAZON- VARIDESK $445.00 JPMORGAN CHASE BANK B &M WAREHOUSE -PARTS $330.00 JPMORGAN CHASE BANK BUMP213UMP -PART RESALE $734.98 JPMORGAN CHASE BANK FASTENAL -PARTS $30.69 JPMORGAN CHASE BANK GOODYEAR -TIRES $3,142.62 JPMORGAN CHASE BANK HESSELBEIN -TIRES $463.12 JPMORGAN CHASE BANK LENOX- TOWING $75.00 JPMORGAN CHASE BANK MATTHEWS FORD - REPAIR $749.38 JPMORGAN CHASE BANK NEW HOLLAND -PARTS $264.28 JPMORGAN CHASE BANK OFFICE DEPOT -PHONE $56.39 JPMORGAN CHASE BANK RAY ALLEN -PARTS $145.58 JPMORGAN CHASE BANK SUMMIT -PARTS RESALE $125.06 JPMORGAN CHASE BANK UNITED FORD -PARTS $387.89 JPMORGAN CHASE BANK UNITED FORD - SWITCH $102.58 JPMORGAN CHASE BANK WELDON- LIGHTING $83.14 JPMORGAN CHASE BANK YELLOWHOUSE- REPAIR $5,868.98 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES $102.03 CITY GARAGE • Total $14,125.67 CITY GARAGE • Total $14,125.67 76 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS $8.467.50 WORKERS' COMP SELF -INS -Total $8,467.50 WORKERS' COMP SELF -INS -Total $8,467.50 77 GENERAL LIABILITY - PROPERT JPMORGAN CHASE BANK SAFELITE -TORT CLAIM $209.98 GEN LIAR -PROP SELF INS -Total $209.98 GENERAL LIABILITY- PROPERT -Total $209.98 78 HEALTHCARE SELF INS FUND AETNA STOP LOSS REPORTING ADMIN $4,600.00 SELF -INS HEALTHCARE -Total $4,600.00 HEALTHCARE SELF INS FUND -Total $4,600.00 w Fund Claims List - 8/1/2017 Vendor Name Payable Description Payment Amount City Grand Total $627,764.28 MI nTl,.ity Wi*..— it s. TO: The Honorable Mayor and City Council City of Owasso FROM: Earl Farris Project Administrator SUBJECT: Acceptance of Infrastructure Improvements at the La Quinta Inn and Suites DATE: July 28, 2017 BACKGROUND: The subject commercial development is located at 8949 N Garnett Rd. Public infrastructure improvements include: water system improvements as well as a concrete approach and sidewalk. FINAL INSPECTIONS: Final inspections for all infrastructure components were completed in July of 2017 by the Public Works Department. All standards for acceptance have been met. Additionally, the construction contractor and design engineer have supplied the necessary two -year maintenance bonds and required as -built drawings. RECOMMENDATION: Staff recommends acceptance of public infrastructure improvements including water system improvements as well as a concrete approach and sidewalk at the La Quinta Inn and Suites located at 8949 N Garnett Rd. ATTACHMENTS: Location Map City Attorney bond approval letters & copy of bonds La 4uinta Inn and Suites F1 Pir J*!I U ;L E Ji 1 `�fi J E c r 7fix? T ,rte �T G94 Es IA ACADEMY SPORTS , �`—. .1 � � r' °tIt 1 � Y t'- ' 1 V Mz � x.. .. �- rk r>r:: � r'.c:s =+4 -�.. ✓.A,�''"�t`k- � i4Y�`^r-�6,,7,,Griyyiz.�`r ar2� � Ij 177 r"z I j F Fie 1 1 f { l ,I r > }.�... �'�+ '} i �, 1 yrr;'S Jk-• m.�mY.yr +.^ y A.in`.%�'�'�,j'� a �pft 'I IbI 14.]S:I�WLJ�f� y.. .. 14 lip La QUINTA INN AND SUITES 1' t FF%M •w �'ia _li-- --'Ywt •Yt�i 7 - lil• 1 P }Y ^ ... « ''�d"/ 2,l I J+.. -`.•r ALw T!. "•. l+anuk^>' o e g v r -"pw Fa' j 7 1" = 94 ft Location Map 06/23/2017:•; -,(- -, 3 map represents a visual displav of related geographic information. Data provided hereon is not a guarantee of actual held conditions. To be sure of complPre accuracy 3se cc Owasso Public_ staff for the most up -to -date information. Earl From: Lombardi, Julie Sent: Thursday, June 22, 2017 2:32 PM To: Hancock, Brandon Cc: Farris, Earl Subject: RE: Bond for La Quinta needed approval. Brandon, I have reviewed the La Quinta Inn & Suites at your request. The attorney -in -fact signature is authorized, the surety is licensed to do business in Oklahoma, and the amount of the bond is well within the surety's $1,550,000 underwriting limitation. Therefore, the bond is approved. Julie Lombardi Julie Trout Lombardi City Attorney 200 S Main St PO Box 180 Owasso, Oklahoma 74055 918.376- 1511(o) 918.376 -1599 (i) rom: Hancock, Brandon Sent: Thursday, June 22, 2017 2:04 PM To: Lombardi, Julie; Farris, Earl (efarris (aCitvOfOwasso com) Subject: Bond for La Quinta needed approval. Julie- Please review the Bond attached and verify it meets requirements. Please reply to this email with your findings. Thanks in advance for your assistance. Brandon Hancock, CPII Infrastructure Inspector Owasso Public Works office: 918 272 -4959 fax: 918 272 -4996 cell: 918 693 -0373 bhancockpcityofowasso.com 1 Maintenance Bond PRIVATELY FINANCE PUBLIC IMPROVEMENTS Bond No: 1017579 ICNOW ALL MEN BY THESE PRESENTS, That we Barnes Construction Solutions, Inc. as Principal (Developer and Contracto ;), and Oklahoma Surety Company as Surety, are held and fiirily bound unto the City of Owasso, Oklahoma, as Obligee, in the penal ruin of fourteen 'Thousand and 00 /100 Dollars ($1444000.00) to which payment will and truly to be made, we do bind ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents, WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of TWO YEAR after final approval of the La Quinta .11111 & Suites Owasso, 89449 N Garnet) Rd, Owasso, OK 741055, a privately financed public improvement, and acceptance of such by tiro City Council of the City of Owasso, Oldahoma, against all defects in workmanship and materials winch may become apparent in. such privately financed public improvement during said. period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that the Principal and /or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED, AND DATED: Tune 21 ", 2017 Barnes C'onsiruetion Solutions, Inc., Principal BY: ft 0.9-v ---r Oklahoma Surety Coni par ufe i v BY %l Cindi L. Smith Attorney -in -Fact Attach Power of Attorney KNOW ALL MEN BY THESE. PRESENTS: That the, OKLAHOMA SURETY COMPANY a corporation organized and existing under.. and by virtue of the laws of the State afbillo, does hereby nominate, constitute I and ap point the, person or . persons 1, . named below, eachIndividually If, more (hail one lsnamed, Its true and lawful attorney-16-facl,filr It and In Its name, place hnd ste'9d to execute on behelf.of1he Bald Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations In the nature thereof. Viol(y L. Courtney, . . I Sandra L. zlip,ayid 01nd! L. 5mM, all Qf.TULSA, OK IN WITNESS WrItREOF,Aho OKLAHOMA SURETY COMPANY has caused these; presents to be slgno�arid attested by itsapproptiato: ra o as —y ofl6rs and I019.0,rrlo t I ha(eqqtq�zifflxed this 24 4 0 October day :pt to ,5.0 SF -AL OKLAHOMA SURETY COMPANY .ATTEST OHIO f0 I: �e�b'01 SHARON NAUAL Secretary TODD BAZATA -VICE PRESIDENT On this 24 day of October 201.6, bbr=pMe.tsanally appeared - TODD BA7ATA to me own, being .duty -poses' known, and says that s1he resides In Broken Arrow, that slh6 Is Vic President of Oklahoma Surely Company, the company du y willotilewouie'd th4�,-ab"Ovo Instrument; that sjhe' kin6ws the , seal of the sald 60T—ny; that the seal affixed to lhe� said Instrument Is 'Such deso that it was so affixed by authority ofher/hIhi office under the By -Laws of said Company, and that sibe signed tile name thereto like corp re y authority. Ity ALL Comml sloh 1,1008253 SS M sfA*f, b QhiAHO &', - r' -1A $ My 08 -19 C OUNTYOFI Ob C 10 expire JULIE' LIEC 7HAN Notary Public NS This Power 736isnled by outilorlty of the n reolbk!aicm@ Surely C ,by unanimous written ponvem atpo S d eptembor25,20G9,,_.. RESOLVED: That the President, the Executive Vice President, the several Senior %Ace Presidents and Vice Presidents or anyone of them, !_be, PmOereby is luthorizeoft9nifftneto time, to appoint oneor more Attorneys-in-Faot to oxeoutet on behalf of the Comuanv, as 6 ur.etv.anvandall In the Company May be affixed by facsimile to any power of attorney or certificate of either given for the suretyship, or other WrIltan sbIlgattori in the nature thereof, such I signature and seat When _so used, be S166atiii6o[GU61ioft!6.er'i68th6briIi 18 d 916 seal 'Val and blAndy rl the Coffir man" !I ypt y affixed. CERTIFICATION SHARON MOW Secretary. of PRIalloma 8461y Company, do hereby certify thnt the foregoing power d I P a Attorney and the Resolutions of the Boar ofDrecorstif-Sept6mbor? 2009havenot, sell revoked and are now full forccqqd eheot, gftffl?,,, Signed and sealed thIsIL4day of V SHARON HAGKI_ Secretary =VOID I) IF BOX Is CIVIPYY From; Lombardi, Julie Sent: Friday, July 29, 2016 1:46 PM To; Hancock, Brandon Cc: Farris, Earl Subject: RE: Bond for La Quinta Waterline Brandon, I have reviewed the Waterlines A & C maintenance bond for LaQuInta Hotel & Suites at your request. The Attorney -In- Fact signature Is authorized, the surety is licensed to do business in Oklahoma, and the amount of the bond is well within the surety's $2,004,000 underwriting limitation. Therefore, the bond is approved. Julie Lombardi Julie Trout Lombardi City Attorney 111 North Main Owasso, Oklahoma 74055 918.376- 1511(o) 918.376 -1599 (f) From: Hancock, Brandon Sent: Friday, 3uly 29, 201610:23 AM To: Lombardi, Julie, Farris, Earl (efarris(dCitvOfOwasso.com) Subject: Bond for La Qulnta Waterline Julie- Could you please review attached bond and reply all to this email with your findings. Thanks In advance for your assistance. Brandon Hancock, CPII Infrastructure Inspector Owasso Public Works office: 918 272 -4959 fax: 918 272 -4996 cell: 918 693 -0373 bhancock@cltVofowasso.com I'Wai atex- mitce}3.ond PIUVATEi, LY FINAl OEb ]P1WL1e-IIVI PROVE 1V,f>EN'FS Bond No. GR35296 KNOW ALL MEN BY THESE PRESENTS, That we ECPInmbJl%gdiDrithlluc as Ptincipal (Developer and Contractor), and <"r+utite Re ILw ns Surety, are lie] d and firmly hound unto the CityofOwasso, as Obligee, in the penal sum of Oue Iltuul etl Seveuly Thousand Dollars Sa 00!100 - -- (S 110,000.00 ) which payment will and truly to be, made, we do bind ourselves, mid Each of our lie] ts, executors, admipistrato s, successors, and assigns jointlyand severally, firmly by these, presents, WHEREAS, the Principal will furnish a hoiid conditioned to guarantee, forthe period of 2 years) afterfinal approval ofthe Mteriines A & C to Scrve LaQuinta mlafel 3 Suites, ti949 N C;arnettRuad, Uwtisso OIC 74055 A Privatel,,y financed publicimproveutent, and acceptance of such by fhe city Council of the city Of Owasso, itgainst all defects In wot•lditanship and materials which) mly become apparent in sueh privatelyfinanced public improvement dln•ing said;period• NOW, TH ERE+.rORE, TIi E CONDITION OF TH IS OBLiOATIONS iS SUCH that the Principal vtdJorSurety shall i hrde.mnify the Obligee for oil loss that the Ohl !gee may sustain by reason of any d2fecdve matel•ills or workmanship In the privately financed public Improvement which niay become apparent dtiringthe said i>ct•iod. SIGNED, ,SEALED, AND DATED: .Iuly'1R, 2010 EC Plumbing & Drain Me pfh,cipal t;rrUfike Re re Suiet BY • Attorney ttt -fact 1Lobbi Loyd Attach Power of Attorney GIMNITE _ a )A I T1.. tat.. �[?! �NLT��€;, fNC.; as) tl_ pprakgn ,grgat}irdtf,�'IttleKlsliy 41)ISler,.tl ?g.igws:pf.( Ile; Slate, ofOKLAI: IgMAnitd at�yhi�lt ;,pr)It�lpalpff)ce., 01<VltiQMA CITY Jq tho &la e,of OI<(.n}AOMA clogs hactohy constitute anil a�J)o1nk, t '.I4+YkJ;,!OPO.O (%; GINOYA RE,Y,NQLpSJ:U.bJt';RICHARhSQN; ST[RIiGN;(vj, POLEfvIANt VAUGHI,(;GRpMAA1; ), KC�.LY;1)EERr )iICH. �V1RFIE4D, I.OYDr,4t�JN FJC)pkU�IS;VAUCjii� Gftftry(1M „JRf l�[abRAl� L RriPLit; MARK;O NDi•VELL; 1SYLE• : :a3ft(?4FQRb RENT$ �DFP,RP;-PWIGHT'A .fl(6RIM, lifLL( i ;.,SAIMt Lr CAjHY,COMft$ tts true antl.19' fnl Attolnr.y In +F ?cl(s) (or, tits .:: (ohov41n6.hyltltose$; tp w(l I { i .. � T6stgn Ifs tiaUte as sulet to, and €o execp(e, sG� aneJ,net<nawie>dga:alty andaahabonds, and;I4l�5jiectivelya<lo ar)d.porfotm atiy and ali ' i : acSs 'npSl;ililtjgs'se(;farlhlh.Qiea solull44,nf,�lfC;boatd:o blYect orsofthesaid, CtRltN i CR[,INC,;;j,tg ill fJeii;�pi _ pfwhfeli;(s;il¢Yelo all t)Qiie{i. 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Jxe�.& �eSst} igtJ ?e.Ja1Jd(ty'(1(;a(iyguci(lis4i( net iF:Lruli�eJlaliing'.±..:.::,i Ify W�NCSS WH R OF, he unSfer6lyrl)ed as slthscr(bed IIIs QQW(I ate air affixed the corppra(g seal of Nte C.orPoratlol3hi , } ;r t KYteP[( vtcpo (talfl,5gcr,Oary.'/freas�rei' . > ECPI -U-1 OP IP:1 DAV INiNDONYYY) l•�. -e,. -✓ �'aE�STIC"I�`i�rTE OF LIABILITY INc9URi�o{��'E 07l'ID12016 r0wasso 15 CERTIFICATE lS ISSUER As Fl MATTER OP. INPORMAT1oN OA1Ly.gND CONPER3 NO RIOHT8 UPON THE CERTFICATE HOLDER, Ttil$ RTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE A00PED BY THE POLICIES OW, THIS CERTIFICATE OF INSURANCE DOES NOT CCN$TITUTE A CONTRACT BETWEEN THE ISSUING INSURER(Sj, AUTHORI7.EO RESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, ORTANT: If tho eorll Rcato holdw• is all ADD11IONAL INSURED, tho powy(les) Inns( l)(31 endofsarl. U SUBROGATION IS WANED, 6uljact t0 teens anfl cofillj {Ions qj the policy, cetiahl (iulldus frilly roquire an elidorsentenl. A statement on lUls cetiiflc0le iioe5 not confei'r(gltis to tire Uicato holder In ileu of such andorsom4ni s . cEa tract a CARTMILL,,INC _IIiA'Lel-- ._SteveAllen tonsi 61s1 /1400 m a,1i�01g- 743 -0011 �a No:9113- 744 0429 01( 74106 ,fAteD ... . .. wAggER A:Ohio Soourlly ln6 CO o 12C Plumbing 8, firahf tire "- - . .__._.... _... .... -___.. - 10416 N 12yfit E. Ave 1rlsymq o:Ohlo Casltatty Owasso, 0{( 74055 uts rsenc: —'— CLAllesmADE ¢J 0=13 t�oucY i �.PiEC.r I I I Lee DiHEn: 1 AUTOt,(Oa1La LIABILI/Y - --^—It A x ANrAUTQ ' ALL DVJNED SCHEDULED .. hUraS Autos HIREDAUros �UTOSWNEO i $ UMBRELLA LIAR I jx D Cri 13 EXCESSLIAa clemo.unnvi LaOulnta City of Owasso 200 S Malt) Street Owasso, (SIC 74055 BEEN ISSUED TO ANY CONTRACT BY THE POLIC IES OU12312010 1 00!2312016 00/23/2o1G j fnfin /2010 Is 00/ 2312016 00/2312010 AGGflEGATE„ ii 6 A LITE 01/01/2010 1 81/0112017 E.t.EACH ACC (ACOne f 01, Atld(Ilonal aema,ks5dwduia, maybo SltaeM1Otl Ilnmm spacolstcglurod) S s S S 5 SHOULD ANY OF 711EABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THU BXPIMTION DATE TNERBor, NOTICE WILL BE DELIVERED IN ACCOBDANCG WITH THU POLICY PROVISIONS. (0 1U0B.2014 ACORD CORPORATION. All rights resepved. ACORD 25 (2014101) The ACORD name told logo are regisfored mortis of ACORD The City Wit ouf Limirs. TO: The Honorable Mayor and City Council City of Owasso PROM: Daniel Dearing Sr. Civil Engineer SUBJECT: Acceptance of Urban Engineering Agreement DATE: July 28, 2017 BACKGROUND: On May 17, 2005, the Engineering Design Criteria, Construction Standards and Standard Details for any and all developments, projects, and infrastructure improvements within the City of Owasso were adopted by the City Council. Documents required as a result of that adoption include two different agreements, one which must be submitted by the developer and one which must be submitted by the developer's engineer. The agreements are as follows: ENGINEER AGREEMENT: The agreement required to be submitted by the developer's engineer is titled "Agreement for Urban Engineering Services" (Section 01 14.1 (B). This agreement requires the engineer to list all improvements associated with the proposed development, attest that all designs will be in compliance with City standards (outlined in the design criteria), pay all fees associated with the plan review, attest that he /she is a Registered Professional Engineer in the State of Oklahoma, and attest that he /she maintains Professional Liability Insurance in limits directly correlated to the cost of the project specified in the attached agreement. The liability insurance to project cost ratio schedule is as follows: Proiect Cost Less than $500,000 $500,000 - $1,000,000 Greater than $1,000,000 DEVELOPER AGREEMENT: Professional Liability Insurance $ 250,000 $ 500,000 $1,000,000 The agreement required to be submitted by the developer is titled "Agreement Guaranteeing Installation of Improvements" (Section 0114.1(C). This agreement requires the developer to submit engineering drawings for the proposed improvements, provide oversight of his /her construction contractor to assure compliance with the approved plans, and submit "as- built" drawings upon completion of the construction of improvements. The Mayor's signature is required on the "Agreement for Urban Engineering Services" (Engineer Agreement), and therefore Council approval is needed. RECOMMENDATION: Staff recommends approval and authorization for the Mayor to execute the following "Agreement for Urban Engineering Services" (Engineers Agreement): Rogers Engineering & Construction, Inc., for concrete entrances, decel lanes, drainage structures, sidewalk and sanitary sewer for Mallard Crossing. Morrison Shipley Engineers, for concrete entrance drives, curbed island, concrete sidewalks, 6" barrier curb, 8" water mains and fire hydrants for Casey's General Store. ATTACHMENTS: "Agreement for Urban Engineering Services" — Rogers Engineering & Construction, Inc., for concrete entrances, decel lanes, drainage structures, sidewalk and sanitary sewer for Mallard Crossing. "Agreement for Urban Engineering Services" — Morrison Shipley Engineers, for concrete entrance drives, curbed island, concrete sidewalks, 6" barrier curb, 8" water mains and fire hydrants for Casey's General Store. AGREEMENT FOR URBAN IIEA NGII>` E EWNG SERVICES THIS AGREEMENT, entered into by and between the CITY OF OWASSO, OKLAHOMA, a municipal corporation, hereinafter called "City" and WITNESSETH: called "Design Engineer ". WHEREAS, the Design Engineer has been employed by the Owner/Developer /Subdivider of the herein described real property to prepare all project plans and specifications and to provide certain. engineering services during the construction of the hereinafter sometimes referred to as the "Project ", upon easements and rights-of-ways to be owned or controlled by the City; and WHEREAS, the Design Engineer is desirous of obtaining the review (and approval) of the plans and specifications for said project by the City of Owasso Public Works Department; and WHEREAS, the City is willing to review the plans and specifications prepared by the Design Engineer under the hereinafter described terms and conditions. NOW, THEREFORE, in consideration of the foregoing and in consideration of the hereinafter set forth promises and covenants, the parties hereto mutually agree as follows, to- wit; 1. The Improvements to be designed by the Design Engineer (pursuant to this Contract) shall generally consist of the following types of improvements which shall be located on the following described tract of land: 2. The Design Engineer shall, in conformity with the provisions of the City's Standard Specifications for Urban Engineering Services, including the City's current Design Criteria, which are hereby incorporated and made a part of this Contract by reference, prepare project plans, specifications, and other engineering documents as may be necessary for the proper construction of the project improvement, and shall perform all construction layout surveys, and staking and periodic general construction supervision on the project improvements as they are constructed by the Owner and his Contractor. 3. The City shall review (and approve) the project plans, specifications, and other engineering documents for the construction of the project improvements prepared and submitted to the City by the Design Engineer. 4. The Design Engineer shall compensate the City for reviewing (and approving) plans and specifications for the project at the rate of One Hundred Dollars ($100.00) for each plan sheet submitted (other than plan sheet Standard Drawings of the City of Owasso or of the Oklahoma Department of Transportation), except that the minimum charge for each project shall be One Hundred -fifty Dollars ($150.00). Payment shall be due and payable upon presentation of the plans and specifications for the project for review by the City. PFPl plan review and permit fees are waived for governmental entities. No fees shall be collected by the City of Owasso on any public work or improvement 7 performed by or for any city, county, state, or federal governmental entity; provided however, that this exemption shalt not constitute waiver of any ordinance requiring the issuance of such permits, and it shall apply only to such permits issued directly to the governmental entity involved. 5. The Design Engineer hereby covenants that he /she is a Registered Professional Engineer in the State of Oldahoma at the time of exepution of this Contract, and should the Design Engineer cease to be a Registered Professional Engineer prior to completing performance of the terms and conditions of this Contract, the Design Engineer shall inunediately notify the City and shall engage a Registered Professional Engineer acceptable to the City to complete performance of the promises and covenants contained herein. 6. The Design Engineer further covenants and agrees that he /she maintains and is covered by Professional Liability Insurance in limits of not less than those indicated in the following schedule: Project Cost Less than $500,000 $500,000 - $1,000,000 Greater than $1,000,000 Professional Liability Insurance $250,000 $500,000 $1,000,000 (Project Costs to be as defined in Section I of the attached Specifications for Urban Engineering Services) and that he /she will maintain same in continuous force and effect for a period of not less than three years from and after final acceptance of the project herein. The Design Engineer further covenants and agrees to comply with Section I, Section H and Section III of the attached Standard Specifications for Urban Engineering Services and that these specifications become a part this contract. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to he executed by their duly authorized officers or representatives on the dates set for the below. Executed by the City of Owasso, Oldahoma, on the _day of 20— Executed by the Design Engineer on the 2— day of d 20 CITY OF OWASSO, OI4LAHOMA a municipal corporation 10 ATTEST: Mayor City Cleric APPROVED AS TO FORM: City Attorney APPRO > P lic Worlcs rrector DESIGN,' ENGINEER Design Engineer BY /— Title ATTEST: Secretary HIM, THIS AGREEMENT, entered into by and between the CITY OF OWASSO, OKLAHOMA, a municipal corporation, hereinafter called "City" and hereinafter called "Design Engineer ". WITNESSETH: WHEREAS, the Design Engineer has been employed by the Owncr /Developer /Subdivider of the herein described real property to prepare all project plans and specifications and to provide certain engineering services during the construction of the hereinafter sometimes referred to as the "Project ", upon easements and rights -of -ways to be owned or controlled by the City; and WHEREAS, the Design Engineer is desirous of obtaining the review (and approval) of the plans and specifications for said project by the City of Owasso Public Works Department; and WHEREAS, the City is willing to review the plans and specifications prepared by the Design Engineer under the hereinafter described terms and conditions. NOW, THEREFORE, in consideration of the foregoing and in consideration of the hereinafter set forth promises and covenants, the parties hereto mutually agree as follows, to- wit; 1. The Improvements to be designed by the Design Engineer (pursuant to this Contract) shall generally consist of the following types of improvements CAsrl's Goi\j ngb STomC e, c 6,„ which shall be located on the following described tract of land: A►ut rncnsn G� hi 5111 1%,d- 4 �1 f-' Rtkh st"-_k nl v cto {' 12l ,509 QCr_a.0 (Casey's Gevic ml S4ui�� 2, The Design Engineer shall, in conformity with the provisions of the City's Standard Specifications for Urban Engineering Services, including the City's current Design Criteria, which are hereby incorporated and made a part of this Contract by reference, prepare project plans, specifications, and other engineering documents as may be necessary for the proper construction of the project improvement, and shall perforrn all construction layout surveys, and staking and periodic general construction supervision on the project improvements as they are constructed by the Owner and his Contractor. 3. The City shall review (and approve) the project plans, specifications, and other engineering documents for the construction of the project improvements prepared and submitted to the City by the Design Engineer. 4. The Design Engineer shall compensate the City for reviewing (and approving) plans and specifications for the project at the rate of One Hundred Dollars ($100.00) for each plan sheet submitted (other than plan sheet Standard Drawings of the City of Owasso or of the Oklahoma Department of Transportation), except that the minimum charge for each project shall be One Hundred -fifty Dollars ($150.00). Payment shall be due and payable upon presentation of the plans and specifications for the project for review by the City. PFPI plan review and permit fees are waived for governmental entities. No fees shall be collected by the City of Owasso on any public work or improvement performed by or for any city, county, state, or federal gove-mnental entity; provided however, that this exemption shall not constitute waiver of any ordinance requiring the issuance of such permits, and it shall apply only to such permits issued directly to the govermnental entity involved. 5. The Design Engineer hereby covenants that he /she is a Registered Professional Engineer in the State of Oklahoma at the time of execution of this Contract, and should the Design Engineer cease to be a Registered Professional Engineer prior to completing performance of the terms and conditions of this Contract, the Design Engineer shall immediately notify the City and shall engage a Registered Professional Engineer acceptable to the City to complete performance of the promises and covenants contained herein. 6. The Design Engineer further covenants and agrees that he /she maintains and is covered by Professional Liability Insurance in limits of not less than those indicated in the following schedule: Project Cost Professional Liability Insurance Less than $500,000 $250,000 $500,000 - $1,000,000 $500,000 Greater than $1,000,000 $1,000,000 (Project Costs to be as defined in Section I of the attached Specifications for Urban Engineering Services) and that he /she will maintain same in continuous force and effect for a period of not less than three years from and after final acceptance of the project herein. 7. The Design Engineer further covenants and agrees to comply with Section I, Section II and Section III of the attached Standard Specifications for Urban Engineering Services and that these specifications become a part this contract. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives on the dates set for the below. Executed by the City of Owasso, Oklahoma, on the _day of 20 Executed by the Design Engineer on the Zn� day of20A-, CITY OF OWASSO, OKLAHOMA a municipal corporation M. ATTEST; Mayor City Clerk APPROVED AS TO FORM: Attorney AP OVED; ublic Works Director 7;g Engin Title ATTEST: 1Z� Secretary The City wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Scott Chombless Chief of Police SUBJECT: Alarm Billing & Services Contract DATE: July 28, 2017 BACKGROUND On July 5, 2017, the City Council voted to approve Ordinance 1 103 and Resolution 2017 -10. The ordinance authorizes annual fees for residential and business alarm registrations and fees for excessive false alarms and failure to register alarms. The resolution establishes the fee amounts. During the various discussions related to the alarm ordinance and resolution, staff communicated to the council the intent to outsource the administration and collection of fees related to alarms. Alarm management service companies provide the infrastructure and manpower to maintain alarm registration, false alarm tracking, and fee billing systems. These services are funded with a percentage of the revenue collected from fees for registrations and false alarms and would not require any additional expenditures on the behalf of the City. Staff has researched the potential vendors that could provide the level of service needed to ensure effective management of Owasso's alarm registrations with a particular emphasis on companies that could provide the best service to Owasso residents. There are currently two major national competitors for alarm management services. Public Safety Corporation has been in business since 1999 and provides an alarm registration and reduction system called Crywolf. Crywolf provides service to about 300 law enforcement agencies in the United States and Canada. They are based in Waldorf, Maryland. PM AM is headquartered in Dallas, Texas, and was created in 2001. They offer a product called FAMS (or False Alarm Management System) and also provide services to a comparable number of agencies, mostly located in Texas, Florida, and California. Both companies provide similar programs. Both provide online websites which would be branded with Owasso's design and logo. Both companies also provide a call center which answers as directed by our City, "Owasso Alarm Registration Center," for example. Both companies handle all registrations, false alarm tracking, billing and collections. Both companies also provide methods for citizens to make appeals to charges and provide access to the alarm owner's registration information. Staff found that both companies could provide very good alarm management systems. Since the companies were similar in the operational side of alarm management, staff focused on which company could best uphold the department's core value of customer service. In order to achieve the best customer service experience for our citizens, staff believes that Public Safety Corporation's Crywolf is the better choice. Crywolf representatives were more responsive to staff's requests and appeared to be more transparent with information related to their company. Staff has negotiated the terms of the contract with Crywolf. Crywolf does not propose any upfront costs for initiating the contract. The contract obligates the City to share 27% of the revenue generated from alarm fees. The original contract from Crywolf proposed 30 %. Staff negotiations with Crywolf resulted in a 3% decrease. The 27% revenue share does have the potential to exceed $25,000, thus exceeding the City Manager's spending authority and necessitating City Council approval of the contract. RECCOMENDATION: Staff recommends approval of the contract with Public Safety Corporation ( Crywolf) and authorization for the City Manager to execute the contract. ATTACHMENT: Contract for False Alarm Billing and Tracking Services CONTRACT FOR FALSE ALARM BILLING AND TRACKING SERVICES THIS CONTRACT FOR FALSE ALARM TRACKING AND BILLING SERVICES ( "Contract ") made and entered into this day of 2017, by and between the City of Owasso, a municipal corporation of the State of Oklahoma located at 200 S. Main Street, Owasso, Oklahoma 74055, ( "Owasso" or "CITY ") and Public Safety Corporation, ( "CONTRACTOR "), a corporation of the State of Florida with its principal administrative offices located at 103 Paul Mellon Court, Waldorf, Maryland, 20602. WITNESSETH: Whereas, the Owasso City Council enacted ordinances related to alarm systems and false alarms titled Alarm Ordinance902, Part 10, Chapter 8 as of this date ( "Alarm Ordinance "), as amended; and Whereas, the goal of Owasso is to encourage more responsible use of alarm systems and to reduce the number of false alarms to which public safety officers must respond by accurately tracking false alarm instances and assessing fees and penalties as required by the Alarm Ordinance; and Whereas, in its implementation of the Alarm Ordinance, Owasso is authorized to engage a third -party CONTRACTOR to assist the CITY in the enforcement of the Alarm Ordinance so that persons and organizations that use alarm systems can be held accountable for false alarms through a system of fees and penalties; and Whereas, the CONTRACTOR created and markets the proprietary and patented (U.S. Patent No. 6,856,246) software system called CryWolf ( "Software "), an integrated suite of software applications operating in a Windows -based environment, designed to assist false alarm reduction managers and planners in government agencies and industry in accessing information relevant to false alarms, and which has been developed at CONTRACTOR's private expense for the commercial marketplace and is not in the public domain; and Whereas, Owasso desires to engage the CONTRACTOR to provide the full service false alarm solution ( "Services ") described in Attachment A; and Whereas, the CONTRACTOR desires to accept such engagement. Now, Therefore, the parties agree as follows: 1. Term. The term of this Contract shall commence upon the date it is signed by both parties (the "Effective Date ") and shall be for a period ofone (1) year following the date the CONTRACTOR begins tracking and billing for false alarms. This contract shall automatically renew for additional one year periods unless either Owasso notifies the CONTRACTOR or the CONTRACTOR notifies Owasso in writing no later than ninety (90) days prior to the expiration of the initial or any annual renewal term that the CITY or CONTRACTOR wishes to terminate this Agreement. 2. Contract Documents and Order of Precedence. The contract documents consist of the following Attachments which are incorporated into the Contract by this reference: A. Attachment A, describes the Scope of Services to be provided by the CONTRACTOR and the CITY's operational responsibilities, and Attachment B, Payment Terms. B. The Order of Precedence shall be as follows: (1) this Contract; (2) Attachment A; and (3) Attachment B. 3. Alarm Management Scope of Services. A. The CONTRACTOR shall provide the Alarm Management Services described in Attachment A - Alarm Management Services. B. The Alarm Management Services shall assist Owasso in enforcing its Alarm Ordinance to include tracking of responsible persons (including individuals, businesses and government agencies) who use alarm systems, registering of alarm systems, billing and notification of permit and false alarm fees in accordance with the Alarm Ordinance and at the direction and under the supervision of Owasso's Alarm Administrator, maintenance of a database of persons who use alarm systems, tracking of false alarm occurrences, collection of fees, the collection and enforcement of penalties for violations, generating performance and outcome reports and assuring the availability to Owasso of timely false alarm information, all as more specifically described in Attachment A - Alarm Management Services. 4. Software license. Owasso shall be licensed and authorized to use the Software and any additional specific customization and development provided as part of the Alarm Management Services described in Attachment A. The license shall cover all Software, including, without limitation, software interfaces and software modifications. The scope of the license is non - transferable and non- exclusive and is authorized by CONTRACTOR for use by Owasso to access its false alarm information. 5. Duration of the Software License. Owasso shall have the right to use the Software in accordance with Attachment A for so long as the CONTRACTOR provides Alarm Management Services to Owasso and /or licenses the Software in accordance with the Termination provisions in this Contract. This license shall apply for the duration of the Contract and any extensions provided for herein or agreed to in writing by the parties. In the event the business relationship with CONTRACTOR is terminated or ended for any reason, Owasso's license rights to use the Software shall likewise terminate except as provided for in this Contract, including Attachment B. 6. Modification of the Software. A. Modifications or adaptations of the Software shall be limited to creating or providing interfaces between the Software and Owasso 's computer systems required to import or export data in order to implement the Software. B. Owasso shall retain a nonexclusive License to use the modified and /or "customized" interfaces with the Software, provided, however, the use of the original Software with such adaptations in any projects other than the management of the Alarm Ordinance shall be subject to additional compensation to CONTRACTOR in an amount and subject to terms to be determined by the parties in writing prior to any such additional use. 7. Protecting Confidential and Proprietary Information. The proprietary information of both parties, CONTRACTOR and Owasso is and shall remain the valuable intellectual property of each respective party. Except as required by law, neither party shall disclose any such information to any third party for any reason without the express written consent of the other party and shall only use proprietary information for internal purposes to facilitate and assist CONTRACTOR and CITY staff in the administration of the Alarm Ordinance. In addition, the parties shall provide reasonable safeguards to protect their respective software, hardware systems and data from unauthorized intrusion by third parties. Notwithstanding, the parties recognize that the CITY is a government body subject to compliance with Oklahoma Public Records laws. Names, addresses, type of alarm, identification information of any alarm monitoring company, or identification information of any person cited under the Alarm Ordinance shall not be released, exhibited or sold to any third party by CONTRACTOR, except as required by law. All data received hereunder shall be made a part of Owasso's permanent records and files and preserved therein for a period in accordance with the requirements of Oklahoma law. Owasso will inform CONTRACTOR of the required retention time in writing at the beginning of the Contract term and, in the event these requirements change, as soon as those changes are approved by the appropriate Oklahoma State or CITY agency. All alarm related data maintained by the CONTRACTOR shall remain the property of the CITY. If the contract is terminated for any reason, the CONTRACTOR shall provide such data to Owasso on a timely basis in a mutually acceptable, electronic file format. 8. Reproduction and Copyright. A. The Software is protected under the Copyright and Patent laws of the United States, and as extended by treaty, with Canada. Owasso may not copy, or allow anyone else to copy or otherwise reproduce, any part of the Software without the prior written consent of CONTRACTOR, except to store and /or install a copy of the Software on a storage device, such as a network server, used only to run the Software on other computers over an internal network and except for two copies for back -up or archive purposes. B. Owasso may copy any CONTRACTOR provided Software as necessary to its hard disks or other such storage medium to efficiently operate the Software on Owasso single - user system, multiple -user system, or network. The Software shall be copied as a whole, and the use of the copies shall be governed by this Contract. All other copying is prohibited. 9. Limitations on the Use of the Software. Owasso may not reverse engineer, decompile, or disassemble the Software. The Software is licensed as a single product. Its component parts may not be separated. 10. Notices of Intellectual Property Rights. Owasso shall assure that CONTRACTOR's notices of intellectual property (e.g., patent, trademark, and copyright notices) provided by CONTRACTOR, if any, shall remain visible on the Software when displayed electronically, or when output created by it is printed for distribution to persons or organizations outside the normal scope of the Alarm Ordinance. 11. Payment. Owasso shall pay the CONTRACTOR for the Services described, in accordance with Attachment B ( "Payment Terms "). 12. Collection of Fines. The CITY shall support the collection of false alarm fees, fines and penalties in accordance with the Alarm Ordinances and at the direction of the Alarm Administrator. If the CITY directs CONTRACTOR to engage a third -party collection organization for delinquent amounts, the CITY shall cause the necessary legislative and administrative procedures to be enacted and /or adopted in order to delegate to the CONTRACTOR the authority to collect the delinquent fees on behalf of the CITY. 13. Confidentiality of Owasso False Alarm Data. Any false alarm collection data provided to the CONTRACTOR during the performance of the Alarm Management Services shall be used only in a manner consistent with this Contract, and no false alarm collection data shall be disclosed without the prior written consent of Owasso. If such disclosure is compelled or required in any judicial or administrative proceeding, the CONTRACTOR shall, before disclosing such information, first notify Owasso and give Owasso an opportunity to object to the disclosure. In the event Owasso objects to such disclosure, it shall notify the CONTRACTOR that it will indemnify it, to the extent provided by law, for any costs and expense incurred, including, without limitation, the cost of attorney fees expended in the defense of any action or proceeding, or relating to the refusal to disclose such information. 14. Owasso Responsibilities. A. Owasso shall cooperate with and assist the CONTRACTOR by providing management decisions affecting startup or provision of the Alarm Management Services within ten (10) business days of receipt of CONTRACTOR's request for a decision, as well as providing personnel, information, approvals, and acceptances in accordance with a mutually - agreed Implementation Plan to be developed by CONTRACTOR and Owasso at the start of the Services. This Implementation Plan will define the detailed tasks and schedule necessary to achieve the following program target milestones: 1) Commence Services implementation activities on the Effective Date; 2) Begin collecting and processing alarm location information within sixty (60) days of the Effective Date; and 3 ) Begin processing false alarm activations within ninety (90) days of the Effective Date, The Implementation Plan shall be agreed to in writing by both parties and upon execution by both parties shall be incorporated into this Contract by reference. If factors beyond the CONTRACTOR's control prevent processing of false alarms within the implementation timeline, extension of the implementation must be mutually agreed to and documented via change order. B. Owasso shall provide the CONTRACTOR with CAD alarm incident Records, appeal records, and necessary historical, non - financial alarm registration and alarm incident information in accordance with the terms of a mutually- agreed implementation plan and in a mutually- agreed electronic format, as necessary and proper, to allow the CONTRACTOR to effectively provide the Services and enforce the Alarm Ordinance. 15. Owasso Alarm Administrator. To facilitate effective communication between Owasso and the CONTRACTOR, and in accordance with the Alarm Ordinance, Owasso shall designate an Alarm Administrator. The Alarm Administrator shall have the power and authority to make decisions relating to the Services. A secondary Alarm Administrator will also be designated to act on behalf of the Alarm Administrator when the primary Alarm Administrator is unavailable. The primary and secondary Alarm Administrators shall be designated by Owasso. The Alarm Administrator has the authority to waive, void, or modify violation notices and the resulting fine amounts. Any such waiver, modification, or voiding will be communicated to the CONTRACTOR in a written format. 16. Resolution of Disputes. A. Mediation. In the event of a dispute between the parties concerning any matter arising under this Contract, the parties shall proceed to good -faith mediation of the dispute. The mediation venue shall be Owasso, Oklahoma. The cost of mediation shall be shared equally. 17. Termination. A. For Convenience. Either party may terminate this Contract for any reason and at any time by giving at least ninety (90) days written notice to the other party of such termination and specifying the effective date thereof. If the Contract is terminated by the CITY, the CONTRACTOR shall be paid for any services already performed by sharing in the collections of all amounts billed by the CONTRACTOR through the date of termination. If the Contract is terminated by the CONTRACTOR, the CONTRACTOR shall provide an option for the CITY to transition operation of the alarm program to CITY facilities and staff using the CONTRACTOR's proprietary Software as described in Paragraph 18A. B. For Cause. Either party may terminate this Contract for cause if the other party does not perform its duties or exercise its responsibilities in accordance with this Contract including the maintenance of the system of fees and fines in effect at the beginning of the Contract period. Upon an event of cause by either party (Non - performing party), the other (Claimant) party shall provide thirty (30) days prior written notice to the non - performing party that the Contract terms have not been carried out in accordance with this Contract. If the event of cause is not corrected by the Non - performing party to the reasonable satisfaction of the Claimant, the Claimant may terminate this Contract after a thirty (30) day written cure notice to the Non - performing party. C. Termination Within Initial Two (2) Year Period. If this Contract is terminated by the CITY or its implementation is terminated or postponed by the CITY during the initial two (2) year period, for any reason other than breach by the CONTRACTOR, the CONTRACTOR shall be entitled to receive a prorated share of its initial startup costs as specified in Attachment B, in addition to any Service fees owed the CONTRACTOR as described in Paragraph 18 — Rights upon Termination. 18. Rights upon Termination. A. If the CONTRACTOR is entitled to terminate this Contract or the CITY chooses not to continue the Contract for its convenience, the CONTRACTOR shall offer Owasso an option, which must be exercised within thirty (30) calendar days after the Notice of Termination, to continue a conditional, uninterrupted, non - exclusive and non - transferable license to use the proprietary Software as necessary to support and administer Owasso's Alarm Ordinance conditional on the payment of one -time transitional service and ongoing annual license, maintenance and support fees at the CONTRACTOR's then prevailing rates. B. If Owasso terminates this Contract or if the CONTRACTOR terminates for cause, Owasso, in addition to payment of false alarm collections owed to the CONTRACTOR based on the CONTRACTOR's billings through the date of termination, shall undertake good faith efforts to collect any Alarm Management Services fees and civil penalties for Ordinance violations billed, but not yet collected, as of the date of termination, in order to pay the CONTRACTOR, all amounts due the CONTRACTOR as a result of efforts engaged in by the CONTRACTOR on Owasso's behalf. C. In the event that either party terminates this agreement, the CONTRACTOR agrees that all data collected under this agreement is part of Owasso's permanent record and that all data, including historical records under the required retention time will be provided to . Owasso in an agreed upon data format within 30 days of the termination date. 19. Indemnification. A. The CONTRACTOR shall indemnify, hold harmless, and defend Owasso, its elected and appointed officials, employees, agents and successors in interest from all claims, damages, losses and expenses including attorney's fees, arising out of or resulting, directly or indirectly, from the CONTRACTOR's (or CONTRACTOR's subcontractors, if any) performance or breach of the Contract provided that such claim, damage, loss, or expense is not caused by the negligent act or omission or willful misconduct of Owasso or its elected and appointed officials and employees acting within the scope of their employment. This Hold Harmless and Indemnification provision shall in no way be limited by any financial responsibility or insurance requirements and shall survive the termination of this Contract. B. In the event that a claim is made against the CONTRACTOR, which arises out of the negligence or willful misconduct of Owasso or any of Owasso's employees, Owasso shall indemnify the CONTRACTOR to the extent Owasso is liable and authorized to do so under the law. C. Any party seeking indemnification shall promptly notify the other party of its discovery of any matter - giving rise to a claim of indemnity. For each individual claim, the indemnifying party shall have no obligation to the other or to any third party with respect to any expenses incurred by or on behalf of the other or its assumption of control of the defense of the claim, or with respect to any compromise or settlement made, without the prior written consent of both parties. 20. Patent infringement. The CONTRACTOR shall indemnify Owasso, its elected and appointed officials, officers, employees, agents, and successors in interest from and against all damages and expenses resulting from any infringement action brought against the CONTRACTOR, or against Owasso to the extent that any such action is predicated on the use of CONTRACTOR's software, during the term of this Contract. This Hold Harmless and Indemnification provision shall in no way be limited by any financial responsibility or insurance and shall survive termination of this contract 21. Limitation of Liability. In no event shall either Party be liable to the other for consequential, special, or incidental damages arising out of or relating to performance and nonperformance. This limitation shall apply regardless of the form of action, whether in contract or in tort, including negligence or misrepresentation. 22. Insurance. The CONTRACTOR shall provide and maintain in full force and effect at no additional cost to Owasso for the duration of the Contract commercial general liability insurance or comprehensive general liability insurance with a minimum limit of $1,000,000 per occurrence for bodily injury and damage to property including contractual liability, premises /operations, products /completed operations, independent CONTRACTORs, broad form property damage, and personal injury coverage and a minimum aggregate amount of $1,000,000 or commercial /comprehensive general liability insurance plus additional excess umbrella liability insurance to meet these limits. The CONTRACTOR agrees that it shall add Owasso, its elected and appointed officials, officers, employees, agents, and successors in interest to the CONTRACTOR's liability insurance policies as additional insureds. The CONTRACTOR shall require its insurance carrier or agent to certify that this requirement has been satisfied on all Insurance Certificates issued under this Contract. Before any work is initiated and before any invoices are paid for work performed under this Contract, the CONTRACTOR shall provide written proof of compliance with the above insurance requirements by delivering to: Owasso Police Department 111 N. Main Owasso, OK 74055 Attention: Chief of Police a copy of a certificate or certificates of insurance completed by its insurance carrier or agent certifying that minimum insurance coverages as required above are in effect and that the coverage will not be canceled or changed until thirty (30) days after written notice is given to the CITY. The CONTRACTOR shall maintain, update, and renew the Certificate(s) for the term of this Contract. 23.Assignment. This Contract shall not be assigned to any third party without prior.written consent, which may be withheld in the sole and absolute discretion of either party. A change in ownership of the CONTRACTOR or a purchase of the majority of assets or stock of the CONTRACTOR by another company shall not be considered an assignment of this Contract. 24. Attorney's Fees. Should the parties or either of them employ an attorney to enforce by litigation in a court of competent jurisdiction, any of the contract provisions because of a disputed matter arising under this Contract, to assert damages for the breach of the Contract, or in order to obtain injunctive relief, then the prevailing party shall be entitled to recover reasonable attorney's fees, costs, charges, and any expenses expended or incurred. 25. Notices. Wherever under this Contract one party is required or permitted to give notice to the other, such notice shall be deemed given when delivered in hand or when mailed, by United States mail, certified, return receipt requested, postage prepaid, and addressed as follows: In the case of the CONTRACTOR: Public Safety Corporation 103 Paul Mellon Court Waldorf, Maryland 20602 Attention: Contract Administration In the case of Owasso: Owasso Police Department 111 N. Main St. Owasso, OK 74055 Attention: Chief of Police 26. Governing Law. The substantive laws of the State of Oklahoma shall govern this Contract without regard to the law of conflicts. Venue shall be in the appropriate court of Rogers and Tulsa Counties, Oklahoma. Such actions shall neither be commenced in nor removed to federal court. 27. Severability. If any provision of this Contract is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired. 28. No Waiver. The failure by any party to exercise any right stated in this Contract shall not be deemed a waiver of the right. 29. Complete Agreement. This Contract when signed by both parties sets forth the entire understanding of the parties as to its subject matter, conditions and obligations and may not be modified except by further written agreement. 30. Independent Contractors. In performing the work under this Contract, the CONTRACTOR acts as an independent CONTRACTOR and is solely responsible for necessary and adequate worker's compensation insurance, personal injury and property damage insurance, as well as errors and omissions insurance. The CONTRACTOR, as an independent CONTRACTOR, is obligated to pay federal and state income tax on moneys earned. The personnel employed by the CONTRACTOR are not and shall not become employees, agents or servants of Owasso because of the performance of any work by or under the performance of this Contract. 31. Cooperative Purchases. This Contract may be used by other government agencies. The CONTRACTOR has agreed to offer similar services to other agencies under the same terms and conditions as stated herein except that the revenue share percentage (Compensation) may be negotiated between the CONTRACTOR and other agencies based on the specific revenue expectations, agency reimbursed costs, and other agency requirements. The CITY will in no way whatsoever incur any liability in relation to specifications, delivery, payment, or any other aspect of purchases by such agencies. WHEREAS, the individuals representing the parties are both authorized and have executed this Contract effective as of on the date first written above. STATE OF _ COUNTY OF Sworn and subscribed before me as the personally known to me or produced. take an oath. NOTARY SEAL: this Owasso, Oklahoma Lip Public Safety Corporation la of George R. Wilson, President day of , 2017 by Public Safety Corporation and who is as identification and who did /did not Notary Public, State of ATTACHMENT A Scope of Services Purpose The purpose of this Scope of Services is to describe the duties and responsibilities of Public Safety Corporation ( "PSC" or "CONTRACTOR "), and the Owasso, Oklahoma ( "Owasso " or "CITY"). CONTRACTOR Responsibilities PSC Responsibilities 1. At the beginning of the project, electronic conversion /import to PSC computer server(s) of any CITY alarm program records required to support the proposed CONTRACTOR services. These records may contain historical CITY alarm business, alarm system location, responsible party and other alarm data previously developed by or for Owasso. CONTRACTOR shall obtain this data directly from Owasso and relies on the CITY for the accuracy and completeness of any such historical data; 2. Update alarm business, alarm system location and responsible party information and renew permits and alarm registrations in accordance with the CITY Alarm Ordinance ( "Ordinance "). Updated information may be processed by mail, electronically and / or online; 3. Register, renew and bill the registration of alarm systems in accordance with the Ordinance. Registrations and renewals may be processed by mail, telephone, electronically and / or online. Notices related to registration may be sent by email or mail based on the alarm user contact information maintained; 4. Import daily into the CONTRACTOR's CryWolfo alarm billing system, alarm incident data (in formats prescribed by PSC) extracted by the CITY from the CITY's SOMS CAD /911 System; 5. Create and host a dedicated, secure (SSL encrypted) Owasso Alarm Program website for CITY citizens and businesses to obtain false alarm reduction educational information, review alarm ordinance and appeal requirements, access and update alarm account information, and pay alarm fees online if preferred. This website may be linked by the CITY to the CITY website if desired; 6. Initialize, maintain, secure and back -up Program databases including alarm business, alarm system location and incident data; alarm - related financial transactions and accounts receivable information. PSC will comply with the provisions of the Alarm Ordinance, and update Program business rules to comply with Alarm Ordinance changes as supported by the PSC software; 7. Process false alarm incident data, including the matching of false alarm incidents with the alarm system location database maintained by PSC; 8. Bill and correspond with alarm businesses and alarm users in accordance with the Alarm Ordinance provisions. This will include but may not be limited to invoices and delinquent payment notices. A warning notice will be sent to each alarm user on the occasion of the alarm `° user's first false alarm immediately preceding the first chargeable alarm incident. Warning notices may be sent by mail, email or other electronic method based on the alarm user's accepted contact method(s); 9. Provide CITY alarm users access to online information on false alarm reduction and Ordinance requirements to include an Online Alarm School. 10. Answer telephone inquiries from CITY alarm users that are placed to a false alarm program toll -free customer service number established for the CITY; 11. Process fee / penalty payments mailed to and deposited in a nearby CITY - approved bank lockbox and account, and received from other payment channels, e.g. online, as agreed on by PSC and the CITY, and apply these payments to alarm accounts; 12. Support alarm hearings and appeals by notifying the CITY of any such appeals, providing a CITY Alarm Program representative with documentation supporting noticing / billing decisions; and updating the system with the disposition of any hearing results; 13. Provide and maintain computer equipment, software, mailing equipment and furniture at PSC's Program processing facilities; 14. Provide the CITY secure (SSL encrypted), online, on- demand access to alarm management information and reports including, but not limited to, alarm account transaction history, alarm system information, and financial transactions /balances with format and content specified by the CryWolfo Alarm Management System and the designated Bank, and agreed on between the CITY and PSC; and, 15. Perform special collection functions as directed and authorized by the CITY such as retaining a third party collection agency or providing delinquent account information to other CITY agencies. To the extent permitted by local law, third -party collection fees will be added to the delinquent amounts. PSC is responsible for all costs of carrying out these responsibilities including, but not limited to, the costs of staff, facilities, equipment, consumable supplies. Only third -party bank and credit card fees, mailing supply costs (paper and envelopes), first class postage, third party collection costs (if any), e.g. collection agency fee, and citizen overpayments, if any, will be shared by the parties through payment from gross collections before revenue sharing. Owasso Responsibilities 1. Appointing a CITY Alarm Administrator ( "Administrator") and backup administrator who will be the primary points of contact between PSC and the CITY. The Administrator(s) is responsible for overseeing PSC's operation of the False Alarm Management Services Program ( "Program ") and accessing Program information, as needed, via PSC provided online access; 2. Requesting or supporting PSC's requests of Alarm Companies, as needed, to provide alarm system information; 3. Making any and all decisions about alarm call response, determining whether calls are false alarms, providing any on -scene communication of alarm related information to alarm users, and for entering any alarm related information within the CITY SOMS CAD /911 system; 4. Extracting false alarm call incident data from the SOMS CAD /911 System and transferring this data electronically to PSC (via PSC's FTP site). The data extraction format will be provided by PSC and PSC will provide the CITY additional software for automating the daily transfer of alarm incident files to PSC; 5. Scheduling, conducting and making appeal decisions for any false alarm hearings; 6. Conducting any general public education programs on false alarms; and, 7. Transferring. any and all financial information from the Program generated alarm reports to other Owasso financial systems, as needed. The CITY is responsible for all costs of carrying out the CITY's responsibilities, including, but not limited to the costs of staff, facilities, computer equipment and consumable supplies. [Remainder of Page Intentionally Left Blank] ATTACHMENT B PAYMENT TERMS 1. Revenue Sharing Percentage For the provision of all Services and technology outlined in this Contract, CONTRACTOR shall obtain payment exclusively from the revenues CONTRACTOR helps generate. There shall be no upfront systems development, licensing, conversion, equipment, travel, support or other costs. CONTRACTOR shall purchase, configure, install, and customize all systems and processes CONTRACTOR requires to provide the Services described herein. The CONTRACTOR's Revenue Share is 27 %. The only amounts that shall be paid from the total collected revenue and subtracted from the total collected revenue before the revenue sharing percentages are applied are: 1. Any overpayments by alarm users to be refunded or held for application against future charges, as directed by the CITY; 2. Bank fees charged by the CITY - approved lockbox bank; 3. Correspondence mailing costs (envelopes and paper) including postage (at first class postage rates); and 4. Third -party credit card processing charges, if any. Any certified mail requirements will be billed separately on a monthly basis and is not subject to the revenue share division. The revenue share percentages are based on several assumptions over which the CONTRACTOR has little or no control: The Ordinance fee and fine schedules remain at levels equal to or greater than at the Contract effective date; The CITY adopts a fair, but firm approach to granting appeals. Appeals and CITY waived charges are expected to reduce collections by no more than 5% annually; and The CITY actively supports enforcement of the Alarm Ordinance, including support of reasonable measures to collect all amounts due for violations of the Alarm Ordinance. Revenue Share Payment Process CITY and CONTRACTOR agree as follows: 1. All false alarm related fee collections from any payment method, including but not limited to bank lockbox and online credit card, shall be deposited, as soon as practical, in a False Alarm Bank Account ( "False Alarm Account ") to be established at a mutually agreeable Commercial Bank; 2. CITY and CONTRACTOR agree to maintain a positive balance of available funds ( "Minimum Balance ") at all times in the False Alarm Account; 3. At the beginning of each month, CONTRACTOR will reconcile the alarm related deposits for the most recent completed month and report the same to CITY. Upon CITY's approval, CITY and CONTRACTOR shall authorize and cause the issuance of electronic (ACH) transfers to CITY and to CONTRACTOR as follows: a . With regard to the transfer to CONTRACTOR, the amount will be calculated for CONTRACTOR based on the Revenue Share described above. That amount, not to exceed 27% of the revenue collected during the preceding month, shall be transferred to a bank and account authorized by CONTRACTOR; and, b . The remaining balance of the revenue collected during the preceding month of no less than 73 %, shall be transferred to a bank and CITY account specified by CITY. 4 . At the termination of this Contract, any remaining balance shall be transferred to CONTRACTOR and to CITY on the same prorata basis, e.g. 27% and 73% respectively. 5 . CITY is a Oklahoma public entity and all financial obligations extending beyond the current fiscal year are subject to funds being budgeted and appropriated therefore. Delinquent Account Terms The parties shall define a mutually agreeable process and methods for collecting amounts due from delinquent accounts. If organizations other than the CITY and CONTRACTOR are retained to collect overdue amounts, the parties agree that the collection costs shall to the extent permitted by State of Oklahoma law be added to the delinquent amounts owed by alarm system users or be borne by the parties on a pro -rata basis by deducting the third party collection fees from the gross third party collections before the revenue shares are calculated. The CITY Payment Upon Early Termination (Per Paragraph 17C) If, within the initial one (1) year of the effective date, this Contract is terminated by the CITY for convenience under 17A, or is terminated by CONTRACTOR for cause as defined in Paragraph 176, CONTRACTOR shall be due a one -time Program Termination fee, not to exceed $24,000.00, to reimburse CONTRACTOR for startup costs. This fee shall be in addition to any other amounts due CONTRACTOR under the Contract. The $24,000.00 shall be amortized (reduced) on a straight -line basis ($2,000 per month) over the initial one (1) year period. O—T city Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Larry Langford Director of Recreation and Culture SUBJECT: Resolution 2017 -12 Establishing Rules for the Owasso Dog Park DATE: July 28, 2017 BACKGROUND: With the determination of numerous community partners, the generosity of land donation and the initiative of city leadership in utilizing resources from Vision 2025 and Park Development Funds, the City of Owasso will soon have the long anticipated dog park. In preparation for the opening of this facility, a dog park steering committee was established to assist in assessment and development. One of the primary objectives was to create a safe, enjoyable experience for all users of the dog park. The rules are intended to establish expectations and guidelines and to educate the park users. After research and discussion, the steering committee submitted a draft proposal to a staff review committee made up of City Clerk, City Attorney and Director of Recreation and Culture. Upon review and summarization of the draft proposal, staff submits the following rules for review: 1. Open from dawn to dusk, Tuesday through Sunday. 2. Small dog park area is designated for dogs 30 lbs. or less. 3. Dogs must be leashed except in designated 'off- leash" areas. 4. Dogs must be supervised by a responsible party. 5. Dogs must have current vaccinations. & Dogs must wear a collar. 7. Limit of two dogs per responsible party. 8. Responsible party must dispose of any waste and immediately fill in dug holes. 9. No infants permitted and children under 12 must be accompanied by an adult. 10. Aggressive dogs, dogs in heat and puppies under 4 months are not permitted. 11. Dogs must be removed at the first sign of dangerous behavior. 12. Smoking, food, drinks, glass containers and dog treats are prohibited. 13. Dog trainers must obtain permit issued by City of Owasso to conduct training classes. 14. Visitors assume all risk and liability related to the use of the dog park. 15. Owasso Police Dept. and Animal Control are authorized to enforce all rules. Upon approval, general rules will be posted at the entrance of the facility notifying and advising all users. In addition, applicable rules and regulations will be posted to include direction on proper leashing and any other specific facility uses. Many of our current city ordinances address and support the proposed rules. Rules within the dog park will primarily rely on compliance gained by peer pressure and self- policing. Users often educate and inform others of established posted rules and regulations. While self- policing is always part of regulating a dog park, at times it may not be enough and staff realizes that there may be a need for additional enforcement mechanism to improve regulation of the dog park in the future. Staff will monitor and document any continued challenges and work with the steering committee, legal counsel and city leadership to develop any needed changes or future ordinances to assist in maintaining a safe experience within the dog park. RECOMMENDATION: Staff recommends the approval of Resolution 2017 -12 establishing rules for the Owasso Dog Park, known as the Waggin' Trail Dog Park. ATTACHMENT: Resolution 2017 -12 CITY OF OWASSO, OKLAHOMA RESOLUTION 2017 -12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA ESTABLISHING RULES FOR THE OWASSO DOG PARK, KNOWN AS THE "WAGGIN' TRAIL" WHEREAS, the City of Owasso is currently in the process of constructing a dog park facility that will be available for public use in the fall of 2017; WHEREAS, the City desires to create a safe and enjoyable facility for all users of the dog park, and believes it can best do so through the establishment of basic rules governing use of the park. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Owasso, Oklahoma, the following rules shall be adopted to govern the dog park facility known as the "Waggin' Trail," and shall be posted at that facility. 1. Open from dawn to dusk, Tuesday through Sunday. 2. Small dog park area is designated for dogs 30 lbs. or less. 3. Dogs must be leashed except in designated "off - leash" areas. 4. Dogs must be supervised by a responsible party. 5. Dogs must have current vaccinations. 6. Dogs must wear a collar. 7. Limit of two dogs per responsible party. 8. Responsible party must dispose of any waste and immediately fill in dug holes. 9. No infants permitted and children under 12 must be accompanied by an adult. 10. Aggressive dogs, dogs in heat and puppies under 4 months are not permitted. 11. Dogs must be removed at the first sign of dangerous behavior. 12. Smoking, food, drinks, glass containers and dog treats are prohibited. 13. Dog trainers must obtain permit issued by City of Owasso to conduct dog training classes. 14. Visitors assume all risk and liability related to the use of the dog park. 15. Owasso Police Dept. and Animal Control are authorized to enforce all rules. Dated this 1 st day of August, 2017. Lyndell Dunn, Mayor ATTEST: Sherry Bishop, City Clerk Approved as to Form: Julie Lombardi, City Attorney The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Larry Langford Director of Recreation and Culture SUBJECT: Asphalt Purchase for Sports Park Access Roadway and Parking Lot DATE: July 28, 2017 BACKGROUND: The Sports Park Access Roadway and Parking Lot project includes improvements to the roadway and two existing parking lots and construction of one new lot. The existing north parking lot is a "chip and seal" material and needed base repairs but no subgrade work. The existing south parking lot has a gravel base but needed additional aggregate bedding. The new east parking lot base preparation required grading and an aggregate placement. The Sports Park parking lots sub -base work has been completed as well as base repairs to the north access roadway. On March 17, 2017, the Owasso City Council awarded a contract to Ground Level to perform the necessary base work. On February 17, 2017, City Council approved an Inter -local Agreement with Tulsa County for assistance in the completion of the parking lot and roadway improvements. Specifically, the Agreement included the use of County labor and equipment for paving. The use of such equipment and labor is anticipated to significantly reduce overlay cost. Included in the overall scope of the project is the purchase of the asphalt from APAC at the Tulsa County bid rate. The amount of asphalt anticipated for the overlay areas is 14,735 tons of asphalt at a cost of $37.00 per ton. Total estimated price for asphalt is $545,195. Approval to purchase asphalt materials is needed to complete the 3" overlay portion of the Sports Park access roadway and parking lots utilizing the Tulsa County bid rates from APAC in an amount not to exceed $550,000. After Tulsa County work is complete, Ground Level will return to the project and stripe the asphalt parking lots and entrance roadway. FUNDING: Funding for the purchase of asphalt for this project is included in the Vision 2025 budget. RECOMMENDATION: Staff recommends approval to purchase asphalt materials for the overlay portion of the Sports Park roadway and parking lots from APAC in an amount not to exceed $550,000 utilizing the Tulsa County bid rates. ATTACHMENTS: Site Map Inter -local Agreement AM,ovim MAR 1 3 2017 INTERLOCAL AGREEMENT THIS. AGRiv> I MENT, made the @2' day of —&, h e4 , 2017, by and between the Board of Couunty Conunissioner5 of Tulsa County, Oklahoma, hereinafter called.!;Cgivit$'.'.y' 1; Quit the City of Owasso, Tulsa County, Oklahoma, hereinafter called "Ci , :ei WITNESSETH: WHEI&AS, by virtue of 69 O.S., 1981, Section 1903, the Board. of County Commissionexs is authorized to enter into agreements with muuicipalities to coinsh'trct, improve, and repair airy of the streets of such municipalities, and; WHEREAS, by virtue of 74 O,S. §1008, the parties are authorized to enter into a contract £oi govermnental servioes raider the Interlocal Cooperation Act which sets forth the purposes, powers, rights, objectives and responsibilities of the contracting parties; WHEREAS, the County is desirous of participating in projects and the provision of services mutually advantageous to the County and other units of goverm.nent. 0.0 c� G THEREFORE, in consideration of the covenants and conditions hereinafter contained, the C� parties hereto agree as follows: Cn 1. The duration of this Agreement shall be from the date of execution of this Agreement until the projects are complete. 2. The purpose of this Agreement shall be to provide parking lot -and street resurfacing, reimbursement for asphalt at various locations within the city limits of Owasso per the Owasso Vision projects at the Dog Park and Sports Park facility for FY 2016-2017. 3. The City shall provide traffic control. 4. The County shall.provide trucking of asphalt and labor cost for installation of asphalt. 5. This Agreement shall be effective from and after the date of execution hereof and is intended only for the purpose described in section 2 above. 6. The rights, dirties and obligations under or arising from this Agreement shall not be assigned by either party hereto without the express written consent of the other party. IN WITNESS WHEREOV, the patties have hereunto set their harici<s and seal this �-1- day of _W W,ir 2017. ATTEST: orrzcrnGGL o APP OVED AS TO FORM: CI ATTORIVIrY CITY OF OWASSO Ci't2. AY . BOARD OF COUNTY COMMISSIONERS TULSA COUNTY, OKLAHOMA. CHAIR N 2 The ci fy Wiiiour Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Roger Stevens Public Works Director SUBJECT: Right of Way Acquisition for the E 76 St N Widening Improvements from US 169 to N 129 E Ave - Owasso Masonic Lodge DATE: July 28, 2017 BACKGROUND In March 2016, City Council approved a finance agreement with ODOT for the right -of -way acquisition and utility easement with an invoice for associated payment for 20% or $320,000 of the estimated cost. Per the agreement, ODOT is responsible for 80% of eligible cost and the City of Owasso is responsible for 20% of the eligible costs. Non - eligible costs, such as a dollar amount agreed upon by the City more than the amount approved by ODOT, would be the responsibility of the City of Owasso. In May 2016, City Council approved a right -of -way consultant agreement with Meshek and Associates Inc. Since then, Meshek and City staff have been involved in the acquisition of right - of -way and easement for the E 76 St N Road Improvements from US] 69 to N 129 E Ave. Currently, Meshek and City of Owasso are in the final stages of land acquisition for the E 76 St N Road Improvements project. As a part of those acquisitions, negotiation for the right -of -way and easement from Owasso Masonic Lodge #545 has been successfully completed. DESCRIPTION /PURCHASE PRICE: Owasso Masonic Lodge #545 - The appraised value of the right -of -way is $7.50 per square foot, for a purchase price of $54,792. Compensation for damages and permanent easement in the amount of $35,208 was included in addition to the right -of -way cost, for a total offer of $90,000. Members of the Masonic Lodge rejected the offer and provided a counter in the amount of $150,000. Soon after, ODOT approved a counter offer in amount of $100,000. However, the Masonic Lodge rejected the second offer. After more discussions with the members, the board accepted the third offer from City staff in the amount of $120,000 - which calculates to be $8.51 per square foot for right -of -way. The cost breakdown per the agreement with ODOT is as follows: ODOT (80 %) _ $ 80,000 City (20 %) _ $ 20,000 City Additional = 20,000 Total = $120,000 In addition to the monetary agreement, Masonic Lodge requested the following conditions to be included within the agreement: With the exception of utility poles, all above ground utility structures will be relocated to the property line, if possible; full access is granted on E 76 St N and N 117 E Ave; any work performed within the utility easement by the utility companies, the City, or their designees shall result in the surface being repaired or replaced using like materials shall be at the expense to the City or private utility company; City agrees to address and accommodate any adverse impacts related to stormwater that may have been caused by the installation of the retaining wall on such property; City agrees to allow safety barriers to be placed at the northern entrance to accommodate safe interaction between parking lot traffic and pedestrian traffic entering and exiting the building; incorporate road design drawing used to make the Masonic Lodge decision as part of the agreement. See Attachment. FUNDING: Funding for the land acquisition is available from the Capital Improvements Fund RECOMMENDATION: Staff recommends approval of the agreement to purchase right of way, easement and compensate for damages in the amount of $20,000 and authorization for payment to the Owasso Masonic Lodge #545. ATTACHMENTS: Site Map Agreement Letter- Owasso Masonic Lodge #545 Construction Plan - Owasso Masonic Lodge #545 E 76 St N Wide' g Improvements Land Acquisition ���\�il�� %s��\•�'� t rr9 r� V r`� .r �. .. 3'@rffrf?behlty /n I'liv AGREEMENT LETTER June 22, 2017 Jim Reynolds Owasso Masonic Lodge #545 11680 E 76 St N Owasso, Ok 74055 Dear Mr. Reynolds: Over the past 10 months, City of Owasso and Meshek and Associates have been working to acquire the necessary right of way and easements for improving the E 76 St N roadway and drainage in the area. In June 2017, Masonic Lodge members and City of Owasso come to an agreement with the purchase price of the right of way and easements. The cost breakdown per the finance agreement with ODOT, is as follows: ODOT (80 %) _ $ 80,000 City (20 %) _ $ 20,000 City Additional = 20,000 Total = $120,000 In addition to the monetary agreement, City of Owasso staff agreed to following conditions requested by the Masonic Lodge board members. The requested conditions are as follows: • With the exception of utility poles, all above ground utility structures need to be relocated to the property line, if possible; • FUII access is granted on E 76 St N and N 117 E Ave; • Work performed within the utility easement by the utility companies, the City, or their designees shall result in the surface being repaired or replaced using like materials shall be at the expense to the City or private utility company; • City agrees to address and accommodate any adverse impacts related to stormwater that may been caused by the installation of the retaining wall on such property; • City agrees to allow safety barriers to be placed at the northern entrance to accommodate safe interaction between parking lot traffic and pedestrian traffic entering and exitingthe building; • Incorporate road design drawing used to make the Masonic Lodge decision as part of the agreement — see Attachment If this offer meets with your approval, I would request that you acknowledge with your signature below. I will need to obtain this signed letter and the enclosed W -9 so the check can be processed. If approved by City Council, the check is anticipated to be delivered to you by mid -July 2017. 301 West2n0 Avenue (918) 272 -4959 P.O. Box 180 City of Owasso FAX (918) 272 -4996 Owasso, Oklahoma 74055 A City of Character www.cityofowasso.com The City Wit�ioui Limits. If you have any questions, please feel free to contact lie. Sincerely, Agreed to: Owasso Masonic Lodge #545 Roger Stevens, Public Worl(s Director D)—//te4 �4 6? T 301 West 2a11 Avenue (918) 272-4959 P.O. Box 180 City of Owasso FAX (918) 272-4996 Owasso, Oklahoma 74055 A Cily of Character www.city0fawasso.com I �'•y+ria Ar i 4✓ wr.•ux %cESS esr.. PY• -� iS .r - 96uY!'.PL N..fN J L� LRL ._.vyy_I .. ean� oiirv` I�.,�et yYy4.a cl Y'.e. ...... ,.. I jAl I I I � I t SEC. 29. T -2-N. R-M -E 1 .rr u.r SY X/ --j - - - - PRELIM. PLANS Jj I -No'r You CONST. i I� 1 � I (� FIA • ]6T 51 x. 6'6 •3q.6- 06. I C o.i. fiiA.�CPl x. Ili]1 E. FK.. SiA. i0 . ].02 !-xlo• � ne_L ro• _ _ /�Ulrf,: a+4� .Y" <s �-m• .,_ ,, .,� ... -- .._. rte—,;. , ... ...:. �.,1,: ... .. ,.ate I �Ims- -o 20 [+0 'Cy SEC JP T -?J-N. Ri9-E CPL E. l6M M1'. 0.FYE SITA CY -I %a- 167162.3676 Y_ 24KC<O.BI]0 � e OY ]Yn.:Y RT• i . u.e6• E a 2.6T v•surx s: x .0.06 I,. P ��, 200 +00 I 1 I'I� � I it j I. `I � I I ; II lilm -PL E. ]6T1 4. CWYE ]e!A CY -2 Y v 26i<H5.3565 s 0 - or Je'6]Ii] U. . ss.op• E� 2 6200' v:zs wx rsn - �.• oam TQw•' I. �`- ��pfi6 ;y.•,r 1 wefuu �p ~ �pv a L vc'V ° :w�o,u�Fen�nxsxrM1O` lxezmn +n*lcr PLAN E. 76th ST. N. -) TE :So .M Ij2fdE1LWET v0. _ The City Wit ouf Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Roger Stevens Public Works Director SUBJECT: Right of Way and Easement Acquisition for the E 116 St N and Mingo Intersection Widening Improvements and Garrett Creek /Morrow Place Sanitary Sewer Improvements - Cornerstone Center Inc. DATE: July 28, 2017 BACKGROUND: In May 2017, staff met with the property owner of Cornerstone Center located on the southeast corner of E 116 St N and N Mingo. Discussion was in reference to the needed utility easement and right -of -way for the intersection improvements for the E 116 St N and N Mingo Intersection Improvements and Garrett Creek /Morrow Place Sanitary Sewer Improvements. Based on our discussion, the property owner, Dee Sokolosky, requested an appraisal to be performed on the subject property and in return would be willing to accept the appraised value of the requested right -of -way and donate the required easement to the City of Owasso. In July 2017, the appraisal was received and an agreement was drafted for the property owner's review. On July 13, 2017, Mr. Sokolosky signed the agreement and returned to Public Works. See Attachment. DESCRIPTION /PURCHASE PRICE: Cornerstone Center Inc. - The appraised value of the right -of -way is $.78 cents per square foot, for a purchase price of $68,541. In addition, the appraised value of the donated utility easement is $12,572. FUNDING: Funding for the land acquisition is available from Vision Recapture Fund. RECOMMENDATION: Staff recommends approval of the agreement and purchase right of way in the amount of $68,541 and authorization for payment to Cornerstone Center Inc. ATTACHMENTS: Site Map Agreement Letter - Cornerstone Center Inc. E 116 St N and Mingo - Land Acquisition V = 376 ft G Center 0712612017 map represents a visual display of related geographic information. Data provided hereon is not a guarantee o; actual field conditions. To be sure of complete accuracy, se contact Owasso Public staff forthe most up -to -date information. wO VV The City out Limits. .. , 4 es -rift Virg rafa4 &F.rt:lc in xi-se' my five 3. r \v� AGREEMENT LETTER July 13, 2017 Dee Solcoloslcy Cornerstone Center lnc. 11519 North Mingo Owasso, Ok 74055 Dear Solcoloslcy: City of Owasso has been working to acquire the necessary right of way and easements for improving the IS 116 St N and Mingo Intersection, as well as improvements to the offsite sanitary for Garrett Creck /Morrow Place Lift Station. The appraisal has been completed on your tract a copy is enclosed. The offer is based on the appraisal for a total of $68,541.00 for the needed right of way. In addition to the right of way, permanent and temporary construction easement is in need for the offsite sanitary sewer line and other utilities. Based on a previous discussion, the property owner is willing to donate the utility easement to the City of Owasso. The appraised value of the donation is $12,572.00. If this offer meets with your approval, I would request that you acknowledge with your signature below. I will need to obtain this signed letter and the enclosed W -9 so the check can be processed, Additionally, the City will need a partial lean release from your lender. if approved by City Council, the check is anticipated to be delivered to you by early August 2017, If you have any questions, please feel free to contact me. Siiicerely, Roger Stevens, Public Works Director Agreed to: Dee Solcoloslcy 4 C- 0 *eag?6neA)Ju `` Date 301 West 2ntl Avenue (918) 272 -4959 P.O. Box 180 City of Owasso FAX (918) 272 -4996 Owasso, Oklahoma 74055 A City of Character www.cityofowasso.com Ocity Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Julie Trout Lombardi City Attorney SUBJECT: Payment of Commissioners' Award, Commissioners' Fees, and any other assessed court fees in City of Owasso v. Doris J. Barnes, et al. DATE: July 28, 2017 BACKGROUND: On May 17, 2016, and April 18, 2017, the City Council respectively approved Resolutions 2016 -05 and 2017 -04 authorizing condemnation proceedings to acquire right -of -way from landowner Doris J. Barnes and mortgagees on the property for the North Garnett Road Widening Project from 96th Street North to 1061h Street North. A condemnation action was filed by the City of Owasso against the landowners on May 18, 2017, because the City could not obtain a waiver or disclaimer from the mortgagees. A hearing to appoint commissioners was held on June 27, 2017. The Court entered an order on that date that appointed three commissioners and requested that their report determining the amount of just compensation due the landowner (the value of the land plus any additional damages to the remaining property) be completed and filed with the Court. The Report of Commissioners was completed and filed with the Court on July 14, 2017. The Report valued the taking of the Barnes land at $60,000 ( "Commissioners' Award "), the same amount negotiated for purchase of the land between the City and the Barnes family. The three commissioners each additionally presented a bill for $1,000. The City may deposit the amount of the Commissioners' Award into the Court and immediately take possession of the land. The Commissioners' Fees will be paid individually to each of the Commissioners. Thereafter, either the landowners or the City may object to the amount of the Commissioners' Award and request a jury trial on that issue. Whether or not objections are made by either or both parties, the landowners are entitled at any time to withdraw the Commissioners' Award deposited with the Court. RECOMMENDATION: Staff recommends City Council authorization for payment to the District Court of Tulsa County of the Commissioners' Report in the amount of $60,000, and any additional fees charged by the Court. Staff additionally seeks authorization to pay Commissioners' Fees in the amount of $3,000. ATTACHMENTS: Resolution 2016 -05 Resolution 2017 -04 Commissioners' Report filed July 14, 2017 CITY OF OWASSO, OKLAHOMA RESOLUTION 2016 -05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, RESOLVING THE NECESSITY OF INSTITUTING AND PROSECUTING CONDEMNATION PROCEDURES TO OBTAIN PERMANENT RIGHT -OF -WAY AND TEMPORARY AND PERMANENT EASEMENTS FOR THE NORTH GARNETT ROAD WIDENING PROJECT FROM 96TH STREET NORTH TO 106TH STREET NORTH. WHEREAS: The City of Owasso, by and through officers and agents thereof, has endeavored to obtain permanent right -of -way for the legal description of property, attached hereto and marked Exhibit "A," deemed necessary for the Garnett Road Widening Project from 961h Street North to 1061h Street from the landowner, Doris J. Barnes; WHEREAS: In connection with such efforts to obtain the needed permanent right -of- way consensually, the City of Owasso, by and through officers and agents thereof, has made a bona fide good faith offer to purchase same; and, WHEREAS: The above- referred landowner has not accepted such offer and by reason thereof, condemnation proceedings, as provided for under the Constitution and Statutes of the State of Oklahoma, are necessary. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: Officers and agents of the City of Owasso, Oklahoma, are hereby authorized to initiate, and prosecute to the conclusion thereof, condemnation ' proceedings against the above- named landowner to obtain the necessary permanent right -of -way, temporary easements and permanent easement as set forth in Exhibit "A" hereto, as well as any additional relief to which the City of Owasso, Oklahoma, may, by law, be entitled to. APPROVED AND ADOPTED this 171h day of May, 2016, b the City Coun f the City of Owasso, Oklahoma. y OF Oyu ��� �vU� L dell Dunn, Mayor orPrCrAL SEAL Attest: Sherry Bisho(6, City Clerk Ap roved As To Form: ulfeTrout Lombardi, City Attorney ODOT Project No. 30742(04) / Fed ID No. STPY -XXXX N. Garnett Rd E 96th St N to E 106th St N; Tulsa County, OK Parcel No.3 / Barnes Property Addendum 49 01.1 1 0 7 2615 Exhibit "A" Barnes Property /Parcel 3 (Yd f7csi;, s1:J project North Garnett Rood Ndean4 1 N:SYV'tK�'�I'+ �� I Vaht oY6 nn' SJ F, .. ..... .11. 1 i 11 141111 ,p •� 1�1 1 : Y6S'. S f701151E 1 7 Y-FiiO {1,1 ( Mht ulimlhn0p (J} _. �r: s..., Own" D06" J Barnes r� ! 661. n' tY073YY. N V } G7 '- F Pon! nJCanminpleyljj CuR SiY Cartw oY SWrf I i g$9I0, County TUTAP 5nc rL r -21-N, fil- I -• 1� y< - 1 ,,= 15.00 KEVIN 5I. 1 7i IE; NENLUN Sac, t7 T-21-N.. R -14 -E, qq1 I ii: P A 0 IC P" PERM, RAY. '. __1 NrJ t280 ro TEMP, R %N. 0� SCALE 1" =100' e�+—� .�_�1'�_:�, ?itunw0 L 96tH 51 •.•.••- La901 0- sufPLlnn- See, AtLcched ......._..._.'"_._._._ TRACT hR °A RIGHT -OF -WAY "" 17U,379.0 2,03¢ ACRES, STATUTORY RIGRT-OF--7VAY 3,539.0 SF, = 0,727 ACRES COMBNED RIGHT -•0F -'NAY TOTAL 2.72a.3 SF. C.O6d ACRES REMAINDER AREA AFTER Al;tiU1Sl170N 8,267,3 S.F. n' 0.190 ACRES PERPETUAL EASELIENT 102,1!1.7 %rK =• 2344 ACRES 1EMPDRAW RIIHT40F`WAY G 4.847.5 S. F. a O'J42 "c�rF,g _ - _. I DD0.4 Exhibit "A" Barnes Property /Parcel 3 (Yd 1 N:SYV'tK�'�I'+ �� I Vaht oY6 nn' SJ F, .. ..... .11. 1 i 11 141111 ,p •� 1�1 1 : Y6S'. S f701151E 1 7 Y-FiiO {1,1 ( Mht ulimlhn0p (J} _. �r: s..., • -: fb:11 nf8egxlbg ! 661. n' tY073YY. V } G7 Pon! nJCanminpleyljj CuR SiY Cartw oY SWrf I i g$9I0, 5nc rL r -21-N, fil- I ' 1� y< 15.00 KEVIN 5I. 1 7i IE; NENLUN qq1 I ii: P A 0 IC P" PERM, RAY. '. __1 NrJ t280 ro TEMP, R %N. 0� SCALE 1" =100' e�+—� .�_�1'�_:�, ?itunw0 i�,.,.iPERP, ESM T. Sheet t at 3 Kcv1n M. N"wtun. P, S. 0 1289 flcnrhmaek 5unro5in� and Land Sen -ICZS, in_r. .. PERMANENT RIGHT -OF -WAY p'O..f 1078 TEMPORARY RIGHT -Or- -WAY - 0'4:-9$0, c6c 74053 PFRP"141, EASEMENT PNONE: fPAS: (070)274 -7401 Snc. 17. T -21 -N, R -14 -E, LS.&.\1, C.A. NO. N.5 -51 ,l'o, 27:5 - EXPtaF5: 0x_30 -2°:0 TULSA COUNTY, QKLAHfDMA Exhibit "A" Barnes Property /Parcel 3 (Yd MOT Project No, 30742(04) / Fed IQ No. STPY -XXXX M. Garnett Rd E 96th St N to E 106th St N; Tulsa County, OK Parcel No. 3 / Barnes Property Addendum Prof Paroet Owner County Sec, 17 I.F,4AL.GESCRIP7ION 3. PERMANENT R[CHT -oF -WAY North cannatk Road Widenfrig 4, 3,1 Dodo J Barnes Tulsa T -21 -N, R-14-E, A tract of land located in the Smdhwest Ouarter (SW /q) of Section 3dvanloeh (17) of Townsh[o iwen {y..Prie (21) North and Range Fovrteon (14) East of the Indian SOaa and Mgrldlan (I.8 &M.), according to the u.5. Government 511Ndy thereat, Tulsa County, Strata oI DRahomo; being more Particularly described rs toiroof commencing at 'the SW owner of the SW /4 of Sec. 17, T -21 -4, R- 14-•E, 1,9,&M4 thence N o1'10'25" W along the west fine at said V1 /4 a alotance of 651,12 foot to thu Palk of Beginning; Thanc4 N 0110'25" W Monq the West line of sold SW /4 a distance of 165.35 (eet; lhenee N 88'4506" E a distance of 50.00 toot; ''hemp S 0110'25" E a distance of 165.35 foot; Thence S 88'44'50" W a dletonco of 50,00 teal to the Point of Beginning, Basta of bearinq Is NI4 Oklahoma Stale Piano Coord,nata System. 3.1 TEMPORARY RIGHT -OF -WAY A trod of rand located In the SoulhwgaL quarter (S%V /4) of Section Sesenteen (17) of 'township Twenty -one (21) Nvrth and Rango Faurtaen (tb) Eost of the Indian Bass and Ihdridfon (L &dd f.), according to the U.S C ,arnmen, Survey, thereof, ibisa County, folfoww State of OMlohoma; being more Particularly described as Commencing at the SMy corner of the S'014 at See. 17,. T-21-N. R -14 -E. i- H•bAd.I Thence N 0190'2.5' W along tha west line of said SW/4 a distance of 81'1.47 Ivor; rhanco N 138'45'06" E a distance 'of 50.00 (gal to the Point of Beginning; (hence N 88'45'06' E a dr3lance of 40,00 feet; ihanca S 01'10'25' E a dlatbnco of 25.00 feet; :hence S 8845'06' W o distance of 40.00 root; Thence N (1110'25' W a distance of 25.00 feel to the Point of Bsginn-"nq. I, Nevin )4 Newlun, P.L -S., Benchmark Surveting Ono Land Services, Inc., rer(•fy that the .oU tatla Ir,9cl desaripilon closes In accord with existing records, is a trite reoreotdg for of Uo roof f"Perty as describad• and meets ;F.e minlmun :_ techo;ccl standards for land 'vurveyng of 1114 State of C4lohoma. S1911atufe Data ' � '-- ^" =. °••• Kevin M Newlun, PIS DX 1289 D.A. No. 2235 Esokeo; 06 -30 -10 I Barnes Property /Parcel 3 Sheet 2 of 1 SO is ODOT Project No. 30742(04) / Fed ID No. STPY -XXXX N. Garnett Rd E 96th St N to E 106th St N; Tulsa County, OK Parcel No. 3 / Barnes Property Addendum 51 Project P4rcal Owner County Sac, 17 !,FOAL OESCRtnnot' 3.A PERPETUAL EASEMENT North Garrott Rood VAdaning 3.A Dorlo J Barnes Tufso A tract or fond in located the Southwest quarter (SW /4) or $actlo-n Savtntern (17) of Township twenty —ono (21) North cnd Rcngo Fourteen (14) n ti of the fheie arse and County, St (Laf 6kl, orno rding to the U.S, Govarnmont Survey, thereof, Tulsa County, State of UtdahomaI being more Polnculcrty described as Commancing of the SAY corner of the Svgs of Sec. ;7, T.21_N, R,-14_E, LB.ddf,; Thence .4 0170'25" w along the west ffoa of sold S`N /4 a d;stcnco Of 661,12 feet; thence Al 38'44'50" E 1 distance of 50.00 tat to the Point of Aeginning: (hence N 01'10'25" W a distance 1t 165.35 tat; Thence N 86'b5'O5� E e distance of IO.DO rack; Thenoo 5 u'1'i 0`25 E a distance N 12$.55 feel! Thence Is 38'49'35" E a distance at 5,00 reek; ihanca S 0Yt0'25" c ❑ gRstonee or 36,7n feet; 'inence S Be'44'S0' w a raLktance of 15.00 /cat to tho Pula! of Begfnntng. 4 Kay.n M Nowlun, P.L.S., Benchmark Surveying and Lono Service„ frc_ cartify u t the attochcd !1911 description cioses In accord with' felord4 is a tmc Atandordsa for land Proporty as Of the State Of60kiohomc.asla the minimum llcnni,:e1 3i9naturo 0ntn 'trsvin N Nexiun, PLS OR 12119 C.A. No, 2235 C*ros; 06 -30 -16 Shoot 3 of 3 Barnes Property /Parcel 3 lYr: CITY OF OWASSO, OKLAHOMA RESOLUTION 2017 -04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, RESOLVING THE NECESSITY OF INSTITUTING AND PROSECUTING CONDEMNATION PROCEDURES TO OBTAIN PERMANENT RIGHT -OF -WAY AND TEMPORARY AND PERMANENT EASEMENTS FOR THE NORTH GARNETT ROAD WIDENING PROJECT FROM 961H STREET NORTH TO 106TH STREET NORTH WHEREAS: The City of Owasso, by and through officers and agents thereof, has endeavored to obtain permanent right -of -way and additional easements for the legal description of property attached hereto and marked Exhibit "A" deemed necessary for the Garnett Road Widening Project from 961h Street North to 1061h Street North from the mortgagees, Financial Freedom Senior Funding Corporation, a subsidiary of IndyMac Bank, F,S.B., 500 North Ridge Road, Ste. 500, Atlanta, Georgia, 30350, and the Secretary of Housing and Urban Development, 451 Seventh Street, S.W., Washington D.C., 20'410; WHEREAS: In connection with such efforts to obtain the needed permanent right -of -way and easements consensually, the City of Owasso, by and through officers and agents thereof, has made a bona fide good faith effort to purchase same; and, WHEREAS: The above - referred mortgagees have not responded to such efforts and by reason thereof, condemnation proceedings, as provided for under the Constitution and Statutes of the State of Oklahoma, are necessary. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: Officers and agents of the City of Owasso, Oklahoma, are hereby authorized to initiate, and prosecute to the conclusion thereof, condemnation proceedings against the above -named mortgagees to obtain the necessary permanent right -of -way, temporary easements and permanent easement as set forth in Exhibit "A" hereto, as well as any additional relief to which the City of Owasso, Oklahoma, may, by law, be entitled to. APPROVED AND ADOPTED this 181h day of April, 2017, b the City Council the City of Owasso, Oklahom OFFICIAL o Ly el unn, Mayor Attest: Al .., .. .�',m^+.Alr. Sherry Bishop, City Cler % aKf.AHOMP App d As arm: / / l Julie out Lombardi, City Attorney IN TIM DISTRICT COURT Of TULSA COUl11PI17 STATE OF ODMA1HOMIA T;iil]E CITY OF OyNASSO, OI;,,ALQrOP; '_, an Oldahoma Jofnl ie *pal COrpoYacon, plaiwdrf, V. !'DORIS J. 3A - -1PN GS, SECRETAi' Y OLd EEOUJS TG AND URBAN UDE' VELOPME NT OF THE UIlMTE D STATUS OF AMERICA, BE W)RlD OF COUTNTi 1T CONl1�lIIti SSIOMERS OF TULSA COUNTRY, aae? IIDEINTIMS SU MLER, TREASURER R OF TULSA COUNTY, Defendants. Case No. CJ -2019 -01935 Judge Dona Lynn Kuehn REPOED,T Ord COPIUSSuOla1L"iS DISTRICT Ci)U T J_ fc v1 .JUL s 2011 DON NEW6ERRY, Court Clerk STATE OF OKLA. TUN', COUNTY COD E INOW, the undersigned Commissioners, heretofore appointed by the Comt to inspect the real property described on Exhibit "A" hereto and consider the injury which Defendant, Doris J. Barnes (hereinafter "Landowner"), has sustained, and may sustain by reason of the taking of right -of -way in fee simple, a permanent easement and a temporary easement in said real property by Plaintiff, the City of Owasso, Olda'homa, am Oidahonaa MuniciPal Corporat-eon, for the construction of the North Crarnett Road Widening Project from 96'h Street North to 100h Street North and incident thereto as set forth in the Petition herein, and respectfully submit the following report: The undersigned Commissioners were and are disinterested freeholders of Tulsa County, 01dahoma, not interested in this or any like question, and pursuant to the Court order made on 1 the 27'h day of June 20I7, took the oath prescribed by law and proceeded to inspect the real property described on Exhibit "A." Having inspected the real property and the plans and specifications proposed to be constructed in and on the real property by the City of Owasso, the undersigned Commissioners have considered the injury which Landowner has sustained, and may sustain, by reason of the taking of right -of -way in fee simple, a permanent easement and a temporary easement in the real property as set forth on Exhibit "A" by the City of Owasso for the purposes of the 96`x' Street North road widening project and incident thereto. We hereby assess the damages for the taking of the real property as follows: We further report that we have well and truly executed our duties as Commissioners and are entitled to be paid the following sums for our services herein: 0 C 00© - We have each attached an itemized invoice to this report in support of this request for payment of Commissioners' fees. Dated this day o + +, 2017. 7 Opt 1 Prajec'r AIo.30742(04) / Fed t0 No. Sipy -may N- Garnett ?d E96th Si N to E 106th St N; Tuts CCunty, OK Parce( N1o.3 / Barnes ProoeTh, Addendum 49 I 1 - !E P! x r !' o ssa sl a F.Ec- ,JA ?7ENT RI ^.- t17- �y -S:A!' 5'A[tiiCR; R1GH'r- 7F -\YA`r CCLle:NEO RIGHT- CF -'tlAY 'fCBtL :iEF ^^RECEt; Af,EA .1rTcR A�`C�IIS ICI,: ?ERFETUAL EASE?,IEI;T 53ebU .1 iEh SCALc 1P- P,/7; P?+r. urf z_ . C, 40 7 ?a3 31E1 V+t -Sa95 D'117q s,1.4 Proj* No i5 C.a s;t Road YtQc (n4 Parcel A 3:1, a` A Umer 1]sris J Bomes t7�aL 1j FkE-.r :ld_Y:v..> Fij Ci Ss, 17 T- 2d -14. ! cget C= scr(otta2 See AUccHed ACPeq ^^ o,)27 ACRES xo GA ixtn, 8,2$7,3 s.F. ,: r CG], to j fY075'II•.. 702.117.7 $,F y 2.344 ACRES 1 0.042 ACRES 0025 ACRES .1 iEh SCALc 1P- P,/7; P?+r. urf z_ . C, 40 7 ?a3 31E1 V+t -Sa95 S sac TULSA E Enf;b1 g� aaijt E:e z S8i7i0n E28fl 148.345. Bames Property /P-arce13 t-Jpi' D'117q s,1.4 Proj* No i5 C.a s;t Road YtQc (n4 Parcel A 3:1, a` A Umer 1]sris J Bomes County Tuo7a Ss, 17 T- 2d -14. ! cget C= scr(otta2 See AUccHed ACPeq o,)27 ACRES 7.72a.3 SF. = C.083 RCRFs 8,2$7,3 s.F. ,: 0.790 ACRES 702.117.7 $,F y 2.344 ACRES 1,237.5 F. .> 0.042 ACRES 0025 ACRES ' zot+r o1 t'q:a,n2p rLiO_.__.a^ i -f6S1i• S x7D;,'o'r 1 x 1 el ..J I S sac TULSA E Enf;b1 g� aaijt E:e z S8i7i0n E28fl 148.345. Bames Property /P-arce13 t-Jpi' STATEMENT Howard L. Kelsey 6726 E. 103rd ST Tulsa, OK 74133 918 - 630 -0746 Statement July 11 , 2017 RE: The City of Owasso, OK. vs. Doris J. Bares et al. Tulsa County District Court, Case No. CJ- 2017 -01935 Case engagement Period, 06/30/2017 -- 07/12/2017 The three Commissioners met to sign the oath. I began independent study of the documents prior to a scheduled site meeting. Commissioners met with the owner's legal representative and City of Owasso representatives. Commissioners met to review comparables, county assessor records and document study of those items provided at the site visit. Commissioners jointly reviewed the individual findings and determined a value. Total Hours: 6 & 2/3 hrs, Cn $150.00 --- - - - - -- -Total $1,000.00 Re L� ems-- -7 tz, c� Howard L. Kelsey /� JIM CLARK P.O. BOX 33195 TULSA, OK 74153 -1195 STATEMENT City of Owasso, Oklahoma rly Doris J. Baines Secretary of Housing and Urban Development of the United States of America Board of County Commissioners of Tulsa County and Dennis Semler Treasurer of Tulsa County 6/30/17 — 7/11/17 Case No. CJ 3017 -01935 Judge Dana Lynn Kuehn Received assignment, contracted commissioners, and set rip file. Reviewed info and data on previous sales. Researched subject's property and reviewed. Meeting with all parties and attorneys and discussed value and procedural plan regarding final award. Final meeting with commissioners to discuss value. TOTAL HOURS 6.67 @ $150 TOTAL DUE $1000. THANK YOU! 22201 East 71st Street Broken Arrow, OK 74014 (918) 355 -5555 Statement Of Jan Gordon July 11, 2017 Re: The CITY OF OWASSO, OKLAHOMA, v. Doris J. Barnes, et al. Tulsa County District Court, Case No CJ -2017 -1935 Services from 06/30//2017 through 07/11/2017• Sign oath, set up file; comparable search; site meeting with owner representative, attorney for city, commissioners, city officials; receive and review information; meeting with commissioners, final correlation and value. Total Hours: 6.67 a, $150.00 per hour ............ ......................$1,000.00 Thant: you. The Citdy! out Limits. TO: Honorable Mayor and City Council City of Owasso FROM: Michele Dempster Human Resources Director SUBJECT: Fraternal Order of Police Fiscal Year 2017 -2018 Contract DATE: July 28, 2017 BACKGROUND: Last February, the City and the Fraternal Order of Police (FOP) negotiating teams began meeting regarding the FY 2017 -18 contract. After several sessions, tentative agreements have been reached on all contract articles except Grievance Procedure. The City attempted to get a Memorandum of Understanding with the FOP agreeing to implement contract articles with tentative agreements. This would give the City Council the opportunity to approve a Resolution implementing the tentative agreements. The FOP did not agree to the proposed Memorandum of Understanding. As a result, City Council is unable to consider implementing the agreed upon articles. The other option the City Council has is to approve a Resolution continuing the current contract, minus the one article still under discussion, Article 13, Grievance Procedures. This would allow for a continuation of all other contract articles, including, step increases, longevity increases, clothing allowance and holiday pay. Agreeing to continue the current contract will not allow implementation of changes agreed to during the negotiation process, but would allow for current contract and contract benefits to be kept in place and would reiterate the focus on the Grievance Procedure article. RECOMMENDATION: Staff recommends approval of Resolution 2017 -13 continuing the current contract between the City and the Fraternal Order of Police Lodge # 149, with the exception of Article 13, Grievance Procedures. ATTACHMENTS: Resolution 2017 -13 Current Contract Articles CITY OF OWASSO RESOLUTION 2017 -13 A RESOLUTION TO CONTINUE CERTAIN PROVISIONS OF THE FY 2016 -2017 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF OWASSO AND THE FRATERNAL ORDER OF POLICE LODGE #149 WHEREAS, the City of Owasso and the FOP Lodge # 149 are engaged in bargaining for a Collective Bargaining Agreement for FY 2017 -2018, which will be a successor agreement to the FY 2016 -2017 Collective Bargaining Agreement; and WHEREAS, the parties have not yet completed a successor agreement to the FY 2016- 2017 Collective Bargaining Agreement; and WHEREAS, the City of Owasso desires to extend the current provisions of the FY 2016 -2017 Collective Bargaining Agreement through June 30, 2018 with the exception of Article 13 Grievance Procedures unless prior to that date the agreement is legally modified by a successor agreement through collective bargaining and /or arbitration as set forth within Oklahoma Statutes Title 11, §51 -101 seq. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, that, to wit the provisions of the FY 2016 -2017 Collective Bargaining Agreement with the exception of Article 13 Grievance Procedures, as signed by the parties from July 1, 2016, through June 30, 2017, as permissible within the confines of Oklahoma law, will continue to be observed by the City until June 30, 2018 unless a successor agreement is placed into effect through collective bargaining and /or arbitration as set forth within Oklahoma Statutes Title 11, §51 -101 seq.; and NOW, BE IT FURTHER RESOLVED, this agreement shall expire on June 30, 2018, unless prior to that date the Collective Bargaining Agreement is legally modified by a successor agreement through collective bargaining and /or arbitration as set forth within Oklahoma Statutes Title 11, §51 -101 seq., or unless extended in writing by the parties. ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: DATED this 1st day of August, 2017. Lyndell Dunn, Mayor Julie Lombardi, City Attorney 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, 2015 and shall remain in full force and effect until midnight, June 30, 2016. The Employer and the Lodge agree that on or before June 30, 2016 each shall ratify al I articles of this agreement to provide for a continuation of this agreement for fiscal year July 1, 2016 to June 30, 2017 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 thefollowing 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 S. 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 fi rst meeting, any and all unresolved arbitrable issues may be submitted for mediation before arbitration at the request of either party. 11 ARTICLE 3 SAVI NGS 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 madefor thefiscal year 2016 -2017 this Agreement will remain in effect until such time as one is made in succession. 5 ARTICLE 4 GENDER CLAUSE "Gender ". A word importing one gender only shall extend and be applied to both genders. 9 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 insurethat applicants or employees aretreated without regard to race, color, religion, sex, 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 opportunitiesto all members, as required by Title VII of the Civil Rights Act of 1964, as amended. Additionally, nothing in thisAgreenentshall 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 conflictswith the Employer's capability to be in compliancewith said Acts, the EEOC Guidelines and Department of Labor Regulationswill 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 thi s Agreement shat I remai n i n ful I 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. 0 ARTICLE 7 MANAGEMENT RIGHTSAND RESPONSIBILITIES Section 1. Lodge recognizes the prerogative of the Employer to operate and manage its affairs in all respects and in accordancewith 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 ruined 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 shal l 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 solejudge 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; 0 ARTICLE 7 MANAGEMENT RIGHTSAND RESPONSIBILITIES (continued) K. To introduce near, 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 RIGHTSAND SECURITY Section 1. Bulletin Boards. The Employer shall providespacein all Police Stationsfor 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 Lodgewill 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 maybe given time off for lodge functions. After written notice to the Chief of Police, Lodge Representatives maybe granted time off without loss of pay to conduct bonafide Lodge business. For business outsidethe city limits, Employer shall make schedule adjustments to insure that Lodge Officers' days off or compensation ti me wi I I be scheduled during the ti me of the Lodge business. Such schedule adjustments shat I not be unreasonably withheld. Section 4. The Employer shall grant four (4) hours of Union leave accrual per month to the current President of the lodge, to conduct lodge business. Such accrual shall be accrued separately from vacation and compensatory leave. The balance of Union leave accrued will not carry forward from one fiscal year to the next. Section 4— 5. The Chief of Police may grant leave with pay to Lodge Representatives to conduct Lodge business which mutually benefits the Lodge as wel l 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 employeesfor 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 assi stance 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 legel 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 ce-tai n of its members are engae ng i n a stri ke, the L odge shat I i mmedi atel y, i n writi ng, 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 ad[ reasonable effective and affirmative action to secure the members return to work as promptly as possible. The Lodge shat I not be in breech of this agreement where the acts or actions herei nbefore 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 other 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 wiII be sonotified. 14 ARTICLE 12 PUBLICATION AND DISTRIBUTION The City shall provide the Lodge with one (1) signed original contract for the term of this agreement and one computer file copy. The cost of publication shall be born by the Employer. 15 ARTICLE 14 PERSONNEL FILES Section 1. Master personnel files for employees shall be mail ntained exclusively by the Human Resources Office. However it is agreed that the term master personnel files does not i ncl ude supery i sor notes and internal investigations, which may bemelntained by the department. It is further agreed that if materials concerning investigations, complaints, and reprimands, for violationsof any rules, regul ati ons or policies, or other mater ialsthat might be considered detriments to the employee's position, advancement or future with the department are to be placed in the employee's master personnel files, the Employer shall notify the employee of said action and the employee shal I be given the proper opportunity to appeal such action before it becomes a part of his master personnel files. Section 2. Any Employee shall be allowed to review his master personnel files under supervision at any reasonable time upon written request to the Human Resources Office and notice to the Chief of Police. The employee requesting review of their master personnel file shall schedule an appointment with the Human Resources Office. Section 3. Recognizing that disciplinary actions provide 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. Written reprimands and notice of Documented Verbal Counseling with no recurrence after eighteen (18) months from date of discipline may be sealed. 2. Suspensions, without recurrence, after three (3) years from date of discipline may be sealed. 3. Upon approval of a request to seal or remove disciplinary actions from an employees' master personnel file, departmental internal investigation files shall be expunged contemporaneously with such request and approval. Disciplinary actions, including sealedfileswith no recurrence, areeligiblefor removal, at the request of the employee after eight (8) years. In order to be eligiblefor removal the employee must authorize the City to view all sealed files to determine if a recurrence has occurred. Employees may request that discipli nary action, including sealed files, with no recurrence, be removed prior to eight (8) years if mutually agreed upon by the employee and city. Wo ARTICLE 14 PERSONNEL FILES (continued) B. Requestsfor sealing or removal of disciplinary actionsshould bedirected to theoffice of the Chief of Police. C. Sealing or removal shall i ncl ude al I memos, letters, correspondence, complaint forms and any other written or electronically recorded material pertaining to the action. D. Seeding or removal shall not includeany material related tocriminal offenses for which the employee was charged nor any material related to a pending tort claim or pending litigation, except in concurrencewith theseding 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. E. The sealed action shad not be hel d 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 empl oyee may take for his personal improvement or betterment. F. Once sealed, the fi I e shall not be opened unless the employee requests such unsealing; or records are required for a pending tort, pending litigation or valid court subpoena approved by the City Attorney; 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. G. All unfounded, exonerated, not sustained, and no finding complaintswill be maintained in a separate fi le by the department, for a period of no more than two (2) years from the date of the alleged occurrence, unless atort or litigation is pending. 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 all complaints against Police Officers received by such Chief of Police from anv 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 awitness 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 isto 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 asfollows: 1. An accused Officer shall be notified of the name of all complainants, and the purported aggrieved person. Such notification shall accompany the notice of investigation. Absent corroborating evidence, 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 complai nts agai nst an officer. The employee may request to be confronted by the comp] ad nants. Thi s shal l be al l owed where deemed necessary to by the employee or the investigating officer. 2. Preliminary discussions with supervisory personnel within the Police Department, in relation to acomplaint 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 bang interrogated /interviewed shall be informed of the nature of the investigation prior to any interrogation/interview. 5. Interrogation /interview sessions shed] befor reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonably necessary. 6. The Officer bang interrogated / interviewed shall not be subjected to offensive language or threatened with transfer, dismissed, or disciplinary action. No promise or reward she] I be made as an inducement to obtain testimony or evidence. 7. The Off ice- bang interrogated / interviewed shall becompletely 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 thetape recording or written record of the session. 8. At the request of any Officer bang interrogated / intervieNed, he shed I 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 betaped or recorded in written form at the discretion of the investigating Officer. Officers bang interrogated / interviewed may record the proceedings with his own equipment or record at his own expense. Records and tapes compiled by the department she] I 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 Office- under investigation shall receive written notification from the investigating Officer or the Chief of Police as to the determination of the investigation. Should an Office- be disciplined by suspension, demotion, dismissal, transfer, or reassignment arising from an investigation, he shall be notified in writing as to the action bang taken and the reasons therefore. D. No Officer shall bedischarged, 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 includethe additional violations. F. Disputes, disagreements, or grievances resulting from any lack of clarity in language, shad I 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 ful lest 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 appoi nted 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 discret ion of the Chief of Police and the avai I abi I i ty of manpower, members of the committee shat I 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 Seven (7) Officers shall beselected by the Lodge. The composite of the Honor Guard shall be subject to approved of the Chief of Police. All necessary attire and equipment shall befurnished by the City. The function of the Honor Guard shall beto serveat official gatherings, such asthearrival of Dignitaries, Police Officer Funerals, State Memorial Service and any other special events as approved by the Chief of Police. Members of the Honor Guard may be allowed time off with pay for each event, subject to approved of the Chief of Police. 25 ARTICLE 18 DUES CHECK OFF Section 1. The Employer agreesto deduct regular monthly Lodgeduesfrom earnedwages 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 theemployee'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 makethe 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 providethe Lodge Secretary a detailed report showing all employees by name and deduction amount each pay period. Section 4. All deductions will befor the month in which they aretaken. All deductions refundable at thetime of termination or resignation will be refunded by the Lodge. The Employer shall not beresponsiblefor errors. In case an error or improper deduction ismade 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 CLASSIFICATIONS & PROMOTIONS Section 1. Classification and Promotions Processwithin the Owasso Police Department shal I be as fol I ows: A. Classifications Senior Patrolman: Must be a certified police officer with at least five (5) years experience, who has obtained the achievement of intermediate certification through (CLEET) the Oklahoma Council on Law Enforcement Education Training. 2. Master Patrolman: Must be a certified police officer with at least seven (7) years of experience, who has obtained the achievement of advanced certification through (CLEET) the Oklahoma Council on Law Enforcement Education Training. B. Promotions 1. Sergeant: Must be a certified police officer with at least five (5) years experience as a police officer with the City of Owasso immediately prior to testing. 2. Lieutenant: Must be a Sergeant with at least one (1) year experience in the rank with the City of Owasso immediately prior to testing. An officer meeting the criteria for Master Patrolman with twelve (12) years of experience as a police office- with the City of Owasso immediately prior to testing may test for Lieutenant. 3. Captain: Must have at least two (2) years of supervisory_experience with the City of Owasso prior to testing. The City may, at its discretion, advertisefor this position providing that all advertising for this position shall occur seven (7) days after the internal posting. Section 2. Eligible applicants for the promotional examination shall participate in an Assessment Center and an interview with the Chief of Police. A. TheAssessrnent Center shall measure the knowledge, skills, and abilities specific to the Owasso Police Department, and shall be mutually agreed upon by the City and the Lodge. Assessors will be chosen by the assessment center and under no circumstances will an assessor be a current or past employee of the City of Owasso. B. For the rank of Sergeant and Lieutenant ranking shall beweighted 90% final Assessment Center score and 10% Chief's Interview score. C. For the rank of Captain, ranking shall beweghted 90% final Assessment Center score and 10% Chief's Interview score. 27 ARTICLE 19 PROMOTIONS (continued) 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 Chief of Police will select the Captain 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 befilled 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 eval uate the process and recommend any future changes to the process. KI ARTICLE 20 VACATION Section 1. Employeeswithin the bargaining unit shall receive paid vacation in accordance with thefollowing, to-wit: YEARS OF EMPLOYMENT VACATION LEAVE METHOD OF ACCUMULATION MAXIMUM ACCUMULATION 1 - 4 96 hours 8 hourstmonth 260 hours 5-9 120 hours 10 hourstmonth 296 hours 10-14 144 hours 12 hours(month 356 hours 15-19 168 hours 14 hourstmonth 404 hours 20-24 192 hours 16 hours/ month 452 hours 25 and over 216 hours 18 hours/month 500 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 rateof pay times the amount of accruals I ost. 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 thefirst 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 -ei ght (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 and forty eight (48) hours payable in December as leavetime in lieu of the holiday pay check in June and /or December. If elected, this leavetimewill be added to the employee's vacation balance. 30 ARTICLE 22 SICK LEAVE Section 1. Sick leave may betaken when an employee is unableto perform his duties because of personal i I I ness, 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. On duty supervisors must be notified at least one (1) hour prior to starting time. An employee maybe 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 shal I , 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 certify that the employee was unable to work due to illness or injury to self or immediate family member 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 betreated as any other condition in regard to sick time. However, for an employee engaged in hazardous or emergency services, adoctor's certificate shall be required after the sixth month and each month thereafter for the duration of the pregnancy, stating theemployee's ability to continue her regular dutieswithout limiting her performance. Section 6. Emergency Leave. In the event of death, serious injury, serious or contagious i I I ness 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 shat I 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 requi re speci al 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 I eave 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 thedeath of the employee, said employee's beneficiary shall receive payment equal to one hundred percent (100 %) of the employee's accrued sick leave. 'M 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 Y2.). Section 2. The Patrol Division of the Owasso Police Department will be organized into two 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 1: 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 1: 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 timefor the Patrol Division. Said briefing time shall be contiguouswith the regular scheduled work hours, as scheduled by the Chief of Police. If the one and one half (1.5) hours per fourteen (14) day work period is not utilized for shift briefings, it isthe responsibility of each office- to work the one and one half (1.5) hours during the two week work period contiguous with the regular schedule work hours. The one and one half (1.5) are to be recorded on the date(s) actually worked. 33 ARTICLE 23 WORK SCHEDULE (continued) Section 3. Thefollowing exemptions shall apply to thework 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, maybe required to change shift hours and days off to accommodate such training schedule. E. Captains may, solely at their request, alter their work hours and /or work days, upon approval by the Chief of Police, dueto 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. Members assigned to the Street Crimes Unit on a full -time basis, are expected to alter their work hours, and /or workdays to meet the needs of their investigation, with the approval of their Supervisor. G. Members not assigned to the Street Crimes Unit on a full -time basis may, solely at their request, alter their work hours, and /or workdays upon approval by thei r Supervisor. H. School Resource Officers/Sergeantswill work a schedule that begins seven (7) days before the first day of the school year through seven (7) days past the last day of the school year as established by the Owasso Public Schools. During the Summer, when school is not in session, School Resource Officers/Sergeants will be assigned to a shift at the discretion of the Chief. Once assigned, the School Resource Officer's Sergeants shift will not change during the summer break. D ARTICLE 23 WORK SCHEDULE (continued) Section 4. 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 employeewill not be required to take off from the regular working hours to avoid overtime compensation or compensatory time. If an Officer accrues more than 240 hours of compensatory time, the manner of compensation shad I be at the discretion of the Chief of Police until such time that the Officer's accrued compensatory time bad ance falIs below 240 hours. Section 5. 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 (1 112) times their regular hourly rate of pay anytime the employee is called into work other than regularly scheduled work hours, as well as, any officer being placed in an " on -call" status by the courts. However, should an officer be required to report to court such officer shall be compensated according to the above, and would not beeligiblefor thetwo hours" on -call" compensation. If an officer accrues morethan 240 hours of compensatory time, the manner of compensation shall beat thediscretion of the Chief of Police until such timethat the Officer's accrued compensatory time badancefalls below 240 hours. Section 6. For computation of employee work hours, all vacation leave and compensatory timewill be considered time actually worked. 35 ARTICLE 24 SENIORITY Section 1. As used herein, theterm Seniority shall refer to, and be defined as, the continuous length of servicewithin the Owasso Police Department, or for those employees who hold rank and /or classification, the continuous length of servicewithin rank and /or classification within the Owasso Police Department. Seniority for employees with the same hire dates shall be determined by random selection. Seniorityfor employees with the same promotion date shall be determined by hire date. The classification of Senior Patrolman and Master Patrolman have rank parity with Patrolman, such classifications are an indication of a level of experience with the department and education as established by the Oklahoma Council on Law Enforcement Education and Training, not an indication of seniority. 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 experienceof 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, based on seniority within the unit. If more than one office- is selected at the same time, seniority will be based on the ranking in thetesting process. However, supervisorswho are also designated as a Canine Office- will continueto participate in the Supervisor squad /shift bid assignment. C. Assignment to Specialty Unit(s): Officers newly assigned to the Detective Division will not be el igi ble to participate in a squad /shift bid assignment for two yeas from the date of assignment to the Detective division. iii^: ARTICLE 24 SENIORITY (continued) D. Granting of vacation leaves requested sixty (60) days in advance; vacation leaves requested at least sixty (60) days in advance shall requi re wri tten approval or denial with explanation, within forty -eight (48) hours of expiration of sixty (60) day limit. Those requests for vacation leave not made si xty (60) days in advance shall be granted on a first-come-first-serve basiswith written approval or denial with explanation provided to employeewithin forty -eight (48) hours of submission of vacation request. Vacation shall not be requested morethan one hundred and eighty days (180) days in advance. It is agreed that the Chief of Police, or histher designated representative, will make every effort to approve requested time off as submitted, in whole. E. Scheduling of comp time cannot be more than one hundred and eighty days (180) days in advance and not less than two (2) days i n advance unless such request does not place the shift below minimum manning, or does not unduly disrupt 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) monthsfrom 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 wel I 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 Employe shall appropriate funds for the use and benefit of the System, as provided by Oklahoma Statutes, Title 11, ss 50 -109. Section 2. The Employer -paid four percent (4 %) of each Employee's required eight percent (8 %) contribution toward the Oklahoma Police Pension and Retirement System previously provided for in Article25 is included in the base pay provided in Article 33 as of the 2013 -2014 contract year. 01 ARTICLE 26 INSURANCE Section 1. Each employee of the bargaining unit shall receivethe same insurance benefit packagethat 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 insurancewill bedetermined by the Employer. All costs for Employee insurance coverage and annual biometrics screenings will be paid by the Employer. Should a member of the barged ning unit elect not to partici pate in the annual biometrics screening coordinated by the Employer, such Employee shall be charged $25 per month for Medical Insurance. Members of the bargaining unit may elect, if applicable, dependent coverage for al I of the above I i sted insurance, the cost for dependant coverage wi I I 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 thefiscal year, the Employer shall pay each uniformed member of the Lodgewith one-year seniority, a uniform/equipment allowance in the amount of Eight Hundred Fifty Dollars ($850.00). Such payment shall be made on the second pay date 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, thefirst on thefirst paydate in July and the second on thefirst paydatein December. The Employer shall pay a prorated uniform ad Iowance 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 al I owance desi gnated herein Section 1 and the number of months remaining until the next July payment date. Section 2. The Employer shall providefor cleaning of uniforms. The Employer shall also providefor 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 providefor all new members of the Police Department hired after July 1, 2013 a complete issue of new or like new uniforms, to include the following: A. four (4) uniform shirts, short sleeve: B. four (4) uniform 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; 1. one (1) al I 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; R one (1) whistle chain; Q. one (1) whistle; R. two (2) meal name tags; s ARTICLE 27 UNIFORM AND EQUI PM ENT (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. one (1) outer carrier for bullet resistant vest; X. 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. Those employees who have qualified annually with 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. To those employees who have qualified annually with department issued or department approved rifles, such employees shall receive fifty (50) rounds of ammunition. 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 shad I be the sole property of the City of Owasso. However, upon request, the bul let - resistant vest shall become the property of the employee at retirement. In no case shall I 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. However, upon request, the bullet-resistant vest shall become the property of the employee at reti rement. Bul let- resistant vests that exceed the manufacturer's suggested replacement schedule shall become the property of the employee. 41 ARTICLE 27 UNIFORM AND EQUIPMENT (continued) Section 6. Once an employee completes his/her initial probationary period, thefollowing 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) 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. Members of the bargaining unit with ten (10) years of service and an honorable dischargewill be allowed to keep all badges that includethe officer's badge number. Members with between five (5) and ten (10) yes of service and an honorable discharge may request approval from the Chief of Pol i ce to keep one badge that includes the officer's badge number. Section 8. 1 n consideration of the fact that assignment to the detective division requires the ` Employee to purchase clothing other than traditional uniforms, the Employer shall provide prorated uniform allowance to officers upon initial appointment to the detective division. Such prorated uniform al I owance will be based on the detective clothing allowance designated herein Article 27, however such prorated uniform allowancewill be reduced by Eight Hundred Fifty Dollars ($850.00) annual uniform allowance received herein Section 1 of this Article 27. Section 9. For appearance and safety reasons members of the bargaining unit shad not wear jewelry while on duty, with the exception of awedding ring and awatch. Jewelryworn underneath the uniform that is not visible will be allowed. 42 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 damageto the personal property of employee. The maximum expense the Employer shall have by virtue to this Article shall be limited to $3,500 per officer, per incident. Said expense shall not i ncl ude the cost of an officer's personal weapons that may need to be repaired or replaced. Section 2. In order to beeligiblefor 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. Thetotal value of the items listed on the inventory shall not exceed $3,500, except by approval of the Chief of Police. Officer owned weapons shall be listed on the inventory list, but the weapons val ue shad I not be counted toward the $3,500 maxi mum val ue 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 shal l 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, and will not include items covered by individual's personal insurance. 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 atemporary 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 bang considered working under "temporary assignment" and will not receive " temporary assignment" pay. In the event the Lieutenant in charge of a shift is gone for any reason, for a period of thirty (30) cal endar days or more the Sergeant on the shift shad I recd ve a temporary i ncrease in pay for such time" acting" assignment is in effect beginning on the thirty -first (31) consecutive day of the Lieutenant's absence. The amount of pay shall be consistent with Lieutenant's pay and the adopted pay schedule guidelines, but shall not necessarily be equal to the pay received by the absent employee. In the event the Lieutenant in charge of a shift is on light duty and working regular shift assignment, for a period of thirty (30) calendar days or more, including consecutive days of absences, the Sergeant on the shift shat I receive a five percent (5 %) increase in pay on the thirty -first (31) consecutive day. ,n 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. Thetuition herein provided shall not exceed thetuition 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 receive at least a 2.0 on a4.0 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 wi I I 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 rel ated 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 seventy - five hours. B. Any employee holding an Associate Degree shall be paid One Hundred Dollars ($100.00) per month in addition to the employee's base pay. C. Any employee holding a Bachelors Degree shed I be paid One Hundred and Twenty -Five Dollars ($125.00) per month in addition to the employee's base pay. D. Any employee holding a Graduate Deg ree shall be paid One Hundred and Fifty Dollars ($150.00) 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 confer red in any area of study in a law enforcement related field. Payment for college hours shall be based on the folIowing criteria 45 ARTICLE 30 EDUCATION INCENTIVE (continued) Employee must receive at least a 2.0 grade point average on a 4.0 scale or a minimum of a" G' grade on a letter grade scale. 2. A copy of thetranscript must accompany each request and any request for increasing such pay. 3. Payment for course hourswill be allowed if justification is given indicating such hours were required to pursue a Degree in a laN enforcement related field (i.e. college handbook outlining degree prerequisites and electives). F. An office holding multiple degrees shall only receivethecompensation identified for the highest single degree for which the office- qualifies. M. ARTICLE 31 LONGEVITY PAY Section 1. Employer shall pay each employee covered by this agreement longevity pay. Longevity pay shall commence on the employee's fifth employment anniversary, at therate 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 empl oyee shall receive a further increase of $.10 per hour each year thereafter. Section 2. Longevity pay is paid based on seniority as a member of the bargaining unit. However, it is agreed that the Memorandum of Understanding /Agreement signed on December 2, 2014 by the City and the Lodge relating to longevity calculation remains in effect as part of this contract. 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" shad I be deemed to mean t he fol I owi ng: A. The employee is free to go or remain at any location of the employees own choosing, so long as the empl oyee can call -in within ten (10) minutesof receiving a Cal I to work, and as long as the employee can respond to the requested location within one (1) hour of recei ving a call to work; B. The employee is free to use the waiting time for any personal matters the employee chooses; C. The empl oyee must remai n sober whi l e on -cal l; D. The employee must carry a worki ng pager, or otherwise leave a telephone number with dispatch, where the employee who is on -cal I 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 mount of $25 per day. If an "on -call" detectivefails to respond to the requested location within one hour of bang called, on more than one occasion during a contract year, the " on -cal I" compensation shall be forfeited for that day. "On call" pay will be payablewith 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, effective July 1, 2015 each employee of the bargaining unit shall receive compensation based on the "Police Department Pay Plan A," included in this agreement according to the employee's range and step as of June 30, 2015. Effective January 1, 2016, each employee of the bargaining unit shall receive compensation based on the" Police Department Pay Plan B," according to the employee's years of service with the Owasso Police Department as of December 31, 2015. Effective July 1, 2016, each employee of the bargaining unit shall receive compensation based on the" Police Department Pay Plan C, according to the employee's years of service with the Owasso Police Department as of June 30, 2016. Employees hired under experienced based pay will be placed in the appropriate pay plan according to the years of service compensation is based on. A. Nero hires shall begin at Entry Level except when the new Officer is al reedy 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 1, Step A. Thereafter Officers shall advance one step each year of service effective on the employment anniversary date of the employee. Step advancements will automatic throughout the term of this agreement. C. _Pay Plan Advancement for Officers hired at a Step other than Entry Level. Officers shall advance one stepper year of service effective on the employment anniversary date of the employee. Step advancements will be automatic throughout the term of this agreement. .. ARTICLE 33 COM PENSATI ON (continued) Section 2. In cases of transfer and /or promotion, the employee will advance to the same pay step in the appropriate rangefor his new job classification after which the employesshall 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" asfolIows: Officer Range 1 Sergeant Range 2 Lieutenant Range Captain Range 50 Owasso Police Department Pay Plan A Effective July 1, 2015 Entry A B C D E F G H I J K Level 1 war)* 2 ar' 3 ear. 4 ear ` 5 war)* 6 ear" ear' a war)* 8 year)* 10 ear 11 a ' Range 1 21.77 22.59 23.45 24.34 24.97 26.22 27.25 Patrol Officer 17.39 18.07 18.79 19.52 20.28 21.07 21.89 22.75 23.64 24.27 25.52 26.55 Range 2 23.88 24.78 25.72 26.71 27.73 28.77 29.90 Sergeant 21.47 22.31 23.18 24.08 25.02 26.01 27.03 28.07 29.20 Range 3 26.20 27.19 28.24 29.30 30.43 31.59 32.82 Lieutenant 24.54 25.50 26.49 27.54 28.60 29.73 30.89 32.12 Range 4 28.75 29.83 30.98 1 32.17 33.41 34.67 36.03 Captain 28.05 1 29.13 30.28 1 31.47 1 32.71 33.97 35.33 Owasso Police Department Pay Plan B Effective January 1, 2016 Entry A Level 1 ear • B C 2 ear' 3 ear' D 4 . ea ' E S ear • F 6 ear ` G war)* H 3 war)- I 9 ar • J 10 ar • K 11 Range 1 Patrol Officer 18.09 18.77 19.49 20.22 20.98 21.77 22.59 23.45 24.34 24.97 26.22 27.25 Range 2 Ser eant 22.17 23.01 23.88 24.78 25.72 26.71 27.73 28.77 29.90 Range 3 Lieutenant 25.24 26.20 27.19 28.24 29.30 30.43 31.59 32.82 Range 4 Captain 28.75 29.83 30.98 1 32.17 33.41 34.67 36.03 Owasso Police Department Pay Plan C Effective July 1, 2016 "I'Lly A B C D E F G H I Level ear' (2 ear ` 3 ear ` 4 ear' S year)* 6 year)* 7 year)* 8 year)* 9 ear' 18.45 19.15 19.88 20.62 21.40 22.21 23.04 23.92 24.83 25.47 22.61 23.47 24.36 25.28 26.24 27.24 28.28 25.74 26.73 27.73 28.80 29.89 31.04 29.33 30.43 31.60 32.81 34.08 52 J K 11 ear' 27.79 30.49 33.48 36.75 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 safework environment freefrom hazards of drugs or alcohol for the safety of both Police personnel and the citizens. Therefore both parties agreethat drug and alcohol testing shall be administered in ac oordancewith the Oklahoma Standardsfor Workplace Drug and Alcohol Testing policy within the City of Owasso's Personnel Manual. 691 ARTICLE 35 WELLNESS PROGRAM Section 1. It is the intent of this articleto 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 j ob 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 for each member of the bargaining unit who signs up to participate in a voluntary fitness program. The voluntary fitness program will be available for sign -up twice a year, between June V and June 30`h and December 1s' and December 311 of each year. Members are responsible for providing proof of participation that documents participation the physical fitness program of their choice at least once within any seven (7) day period, excluding time used for vacation or extended sick leave. 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 shall not beeligiblefor that month's reimbursement. Section 3. Rei mbursements shad I be made through payrol 1, appl i cabl e taxes wi I I be withheld. In order to be eligible for the quarterly reimbursement members must provide proof of participation by the 15th of the month following the end of each calendar quarter. • July /August/September proof of participation due by October 15th • October /November /December proof of participation due by January 15th • January /February /March proof of participation due by April 15th • April /May /June proof of participation due by July 15th 0 ARTICLE 35 WELLNESS PROGRAM (continued) Section 4. This section provides an incentiveto Owasso Police Officers to actively participate in a voluntary Physical Fitness Program. The program will utilize the Cooper's Fitness Test. 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. Members of the Bargaining Unit who voluntarily participate in the Physical Fitness Program and test in at least three categories will be credited with two comp hours. 1. The incentive program involves an avvards program with three categories. The categories are" Gold Award" which requires 40 points, the" Silver Award" which requires 35 poi ntsand 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. Thepointswill be calculated from five (5) categories with point values based on the Cooper Fitness Test. The points and record forms will be mad ntai ned by a designated OPD Fitness Coordinator selected by the Chief of Police. Theforms will be agreed upon by the Lodge and Chief of Police. 55 ARTICLE 36 SHIFT DIFFERENTIAL The City will establish a shift differential pay to all officers that have bid to work " Shift Two' (Night Shift). The amount will be an additional $0.20, added to the base rate of officers assigned to " Shift Two" (Night Shift). 619'' CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 07/22/17 Department Payroll Expenses Total Expenses Municipal Court 6,030.55 8,901.29 Managerial 25,342.52 35,574.42 Finance 17,275.94 25,983.55 Human Resources 9,515.97 15,130.12 Community Development 18,369.59 28,629.66 Engineering 17,898.72 27,074.49 Information Systems 14,958.21 22,460.87 Support Services 8,735.48 13,023.47 Cemetery 2,070.40 2,816.21 Police Grant Overtime 6,649.79 6,737.55 Central Dispatch 23,872.42 37,639.47 Animal Control 3,754.72 5,567.96 Emergency Preparedness - Stormwater /ROW Maint, 12,433.70 17,963.42 Park Maintenance 7,025.05 11,129.24 Culture /Recreation 7,517.76 11,617.00 Community- Senior Center 5,637.00 7,494.19 Historical Museum 664.40 745.98 Economic Development 3,996.85 5,826.25 General Fund Total 191,749.07 284,315.14 Garage Fund Total 7 301.56 11,210.26 Ambulance Fund Total 553.85 621.86 Fire Fund 37 Total 178,211.52 258,170.79 Police Fund 38 Total 180,412.57 258,352.73 Streets Fund 39 Total 13,696.36 22,403.93 Stormwater Fund 27 Total 1,346.15 1,823.89 Worker's Compensation Total 2,942.55 3,519.99 Strong Neighborhoods Total 3,879.61 5,654.64 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE 11789 AS OF 7/27117 VENDOR AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE ADMIN FEES HCC LIFE INSURANCE STOP LOSS FEES DELTA DENTAL HEALTHCARE DEPT TOTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE DENTAL DEPT TOTAL AMOUNT 49,617.32 47,081.07 36,421.73 13,688.74 45,564.09 192,372.95 5,009.00 5,239.25 5,111.25 15,359.50 VSP ADMIN FEES 1,158.94 VISION DEPT TOTAL 1,158.94 HEALTHCARE SELF INSURANCE FUND TOTAL 208,891.39