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HomeMy WebLinkAbout2018.05.15_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL Council Chambers, Old Central Building 109 N Birch, Owasso, OK 74055 Regular Meeting Tuesday, May 15, 2018 - 6:30 pm 1. Call to Order Mayor Chris Kelley 2. Invocation Senior Pastor Linzy Slayden of Friendship Baptist Church 3. Presentation of Colors by the Owasso Police Department Honor Guard National Anthem performed by Sergeant Jonathan Foyil 4. Roll Call 5. Presentation of Proclamation Mayor Chris Kelley F�G ';�:\ ly M ��s Gee Oki The Mayor will present a proclamation declaring May 13, 2018 through May 19, 2018, as National Police Week and May 15, 2018, as National Peace Officers Memorial Day. 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 • May 1, 2018, Regular Meeting • May 8, 2018, Regular Meeting B. Approve claims C. Approve Normal Retirement benefits for Sherry Bishop D. Authorize the City Manager to execute Community Development Block Grant (CDBG) FY 2016 and 2017 Contract /Agreement Renewals extending their effective dates to June 30, 2019 for funding the Hale Acres Sewer Line Project E. Declare a 2002 Ford Explorer vehicle, VIN #1 FMZU73W92UB87055, as surplus to the needs of the City and made available for disposal via auction F. Approval of a budget amendment in the General Fund increasing estimated revenues and the appropriation for expenditures in the Community Center Department by $3,000 related to fees for Family and Youth program activities 7. Consideration and appropriate action relating to items removed from the Consent Agenda 8. Consideration and appropriate action relating to Ordinance 1129, approving annexation application OA 18 -02 and rezoning application OZ 18 -03, for property located at 10920 N Garnett Rd Morgan Pemberton Staff recommends approval of Ordinance 1129, annexing property located at 10920 N Garnett Rd into the Owasso City Limits and rezoning the subject property from AG (Agriculture) to OM (Office Medium). Owasso City Council May 15, 2018 Page 2 9. Consideration and appropriate action relating to the purchase of a network data storage system through a State of Oklahoma contract vendor Teresa Willson Staff recommends approval of the purchase and installation of a new NetApp data storage system by state contract vendor, Peak Uptime, in the amount of $88,479.63. 10. Consideration and appropriate action relating to a budget amendment in the General Fund Teresa Willson Staff recommends approval of a budget amendment in the General Fund, increasing the appropriation for expenditures in the Information Technology Department by $88,479.63 for the purchase of a network data storage system. 11. Consideration and appropriate action relating to an agreement with the International Association of Firefighters Local #2789 (IAFF) Fiscal Year 2018 -2019 Michele Dempster Staff recommends approval of the 2018 -19 agreement between the City of Owasso and the International Association of Firefighters (IAFF) Local #2789 and authorization for the Mayor to execute the agreement. 12. Consideration and appropriate action relating to Resolution 2018 -06, approving the incurrence of indebtedness by the Owasso Public Works Authority (the "Authority ") issuing its Sales Tax Revenue Note, Series 2018 (the "Note "); providing that the organizational document creating the Authority is subject to the provisions of the Note Indenture, authorizing the issuance of said note; waiving competitive bidding with respect to the sale of said note and approving the proceedings of the Authority pertaining to the sale of said note; ratifying and confirming a Sales Tax Agreement by and between the City of Owasso, Oklahoma (the "City ") and the Authority pertaining to the year -to -year pledge of certain sales tax revenues; establishing the City's reasonable expectation with respect to the issuance of tax- exempt obligations by or on behalf of said City in calendar year 2018, and designating the note as a qualified tax - exempt obligation; and containing other provisions relating thereto Linda Jones Staff recommends approval of Resolution 2018 -06, authorizing the issuance of debt in the aggregate principal amount of $9,800,000 by the Owasso Public Works Authority. 13. Consideration and appropriate action relating to a budget amendment in the Capital Improvements Fund Linda Jones Staff recommends approval of a budget amendment in the Capital Improvements Fund, increasing the estimated revenue and the appropriation for expenditures by $9,800,000 (Sales Tax Revenue Note, Series 2018). Owasso City Council May 15, 2018 Page 3 14. Consideration and appropriate action relating to a utility relocation agreement for the Central Park Channel Improvement Project Dwayne Henderson Staff recommends authorization for the City Manager to execute the Agreement for Gas Facilities Relocation between Oklahoma Natural Gas Company and City of Owasso for the Central Park Channel, and authorization for the City Manager to terminate the agreement if revised estimates submitted by ONG become more than $168,036 prior to commencement of construction and if it is determined by the City Manager that the revised estimate no longer fits within the City budget. 15. Consideration and appropriate action relating to a utility relocation agreement for the E 110 St North and N 129th E Ave Intersection Improvement Project Dwayne Henderson Staff recommends approval of the Inter -local Agreement with Tulsa County Board of County Commissioners for utility relocations at the intersection of E 116th St North and N 129th E Ave and authorization for the Mayor to execute the necessary documents. 16. Consideration and appropriate action relating to the award of a construction bid for the Hale Acres Sanitary Sewer Replacement Project (2017 Community Development Block Grant) Dwayne Henderson Staff recommends awarding the construction contract, contingent on approval of Change Order No. 1 in Item #17, to Earth Smart Construction, Inc., in the amount of $474,267 and authorization for the Mayor to execute the necessary documents. 17. Consideration and appropriate action relating to a change order in the construction contract for Hale Acres Sanitary Sewer Replacement Project (2017 Community Development Block Grant) Dwayne Henderson Staff recommends approval of Change Order #1, reducing the amount of the contract with Earth Smart Construction to $313,312.50 and authorization for the Mayor to execute the necessary documents. 18. Consideration and appropriate action relating to a request for an executive session for the purpose of discussing personnel matters relating to the City Attorney and the City Manager as provided for in Title 25, O.S. § 307(B)(1) Mayor Chris Kelley 19. Report from City Manager 20. Report from City Afforney 21. Report from City Councilors 22, Official Notices to Council (documents for acknowledgment or information only, no discussion or action will be taken) • Payroll Payment Report - Pay Period Ending Date 4/28/18 • Health Care Self- insurance Claims - dated as of 5/10/18 • Monthly Budget Status Report - April 2018 Owasso City Council May 15, 2018 Page 4 23. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 24. Adjournment Notice of Public Meeting filed in the office of the City Clerk and the Agenda posted at City Hall, 200 S Main St, at 6:00 pm on Friday, May 11, 2018. M. Stevens, City The City of Owasso encourages citizen participation. To request an accommodation due to a disability, contact the City Clerk at least 48 hours prior to the scheduled meeting by phone 918- 376 -1502 or by email to Lstevens@cityofowasso.com The City of Owasso, Oklahoma YM04MM& Vae WHEREAS, in 1962 -- President John F. Kennedy signed a proclamation declaring May 15th as National Peace Officers Memorial Day, and the week in which it falls as National Police Week; and WHEREAS, members of the Owasso Police Department play an essential role in the peace and preservation of our community and recognize their duty to serve the people by safeguarding life and property, by protecting them against violence or disorder, and by protecting the innocent against deception and the weak against oppression or intimidation; and WHEREAS, we salute the service of law enforcement officers in Owasso and in communities across the nation and pay special recognition to those officers who have lost their lives in the line of duty for the safety and protection of others. NOW, THEREFORE, I, Chris Kelley, by virtue of the authority vested in me as Mayor of the City of Owasso, do hereby proclaim the week of May 13 - 19, 2018 as National Police Week commemorating police officers, past and present, and their willingness to place themselves in harm's way in order to protect the public. I FURTHER encourage all citizens of Owasso to observe May 15, 2018 as National Peace Officers Memorial Day to honor those peace officers who, through their courageous deeds, have lost their lives or have become disabled in the performance of duty. IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the City of Owasso to be affixed this 15"day of May, 2018. Chris Kelley, Mayor OWASSO CITY COUNCIL OWASSO PUBLIC WORKS AUTHORITY (OPWA) OWASSO PUBLIC GOLF AUTHORITY (OPGA) MINUTES OF REGULAR JOINT MEETING Tuesday, May 1, 2018 The Owasso City Council Owasso, Owasso Public Works Authority (OPWA), and Owasso Public Golf Authority (OPGA) met in regular, joint session on Tuesday, May 1, 2018, 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, April 27, 2018. 1. Call to Order Mayor /Chair Lyndell Dunn called the meeting to order at 6:31 pm. 2. Invocation The invocation was offered by Campus Pastor Richie Leber of Life Church Owasso. 3. Flag Salute Councilor Jeri Moberly led the flag salute. 4. Presentation of the Character Trait of Availability Kathy Curtis, Character Council Member, presented the Character Trait of Availability for the month of Availability. 5. Oath of Office Julie Lombardi administered the Oath of Office for Ward 1, City Councilor /Trustee Kelly Lewis and Ward 2, City Councilor /Trustee Chris Kelley. 6. Roll Call Present Absent Mayor /Chair- Lyndell Dunn None Vice - Mayor /Vice- Chair- Chris Kelley Councilor /Trustee - Doug Bonebrake Councilor /Trustee - Bill Bush Councilor /Trustee - Kelly Lewis A quorum was declared present. Staff: City Manager /Authority Manager - Warren Lehr City Attorney /Authority Attorney - Julie Lombardi 7. Election of Mayor /OPWA Chair /OPGA Chair Mayor /Chair Lyndell Dunn called for a nomination for the position of Mayor. Mr. Bonebrake moved, seconded by Mr. Bush to nominate Chris Kelley for Mayor /OPWA Chair /OPGA Chair. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 8. Election of Vice- Mayor /OPWA Vice - Chair /OPGA Vice -Chair Mayor /Chair Chis Kelley called for a nomination for the position of Vice - Mayor /OPWA Vice - Chair/OPGA Vice - Chair. Mr. Dunn moved, seconded by Mr. Bonebrake to nominate Bill Bush for Vice- Mayor /OPWA Vice - Chair /OPGA Vice - Chair. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 Owasso City Council /OPWA /OPGA May 1, 2018 Page 2 9. 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 /Authorities to be routine and will be enacted by one motion. Any Councilor /Trustee may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve Owasso City Council minutes - April 17, 2018 Regular Meeting B. Approve Owasso Public Works Authority minutes - April 17, 2018 Regular Meeting C. Approve Owasso Public Golf Authority minutes - April 17, 2018 Regular Meeting D. Approve City of Owasso claims E. Approve Owasso Public Works Authority claims F. Approve Owasso Public Golf Authority claims G. Appoint Juliann M. Stevens as City Clerk and Chris Garrett as Deputy City Clerk H. Accept public infrastructure improvements including two concrete approaches, sidewalk, and waterline extension at Casey's General Store, located at 9699 E 86 St N (City Council) Mr. Bush moved, seconded by Mr. Bonebrake to approve the Consent Agenda with City Council claims totaling $1,198,385.51 and addendum total of $20.02, Owasso Public Works Authority claims totaling $612,202.54, and Owasso Public Golf Authority claims totaling $15,872.32. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 10. Consideration and appropriate action relating to items removed from the Consent Agenda None 11. Consideration and appropriate action relating to City Council Resolution 2018 -05, adopting the Owasso Economic Development Strategic Plan Chelsea Feary presented the item recommending Council approval of Resolution 2018 -05. There were no comments from the audience. After discussion, Mr. Bush moved, seconded by Mr. Bonebrake to approve City Council Resolution 2018 -05, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 12. Consideration and appropriate action relating to City Council authorization to submit a request to the Tulsa County Vision Authority for the allocation of Excess Vision 2025 funds and requesting a Capital Improvement Agreement for the 76th Street North and Main Street Utility Relocation Project Linda Jones presented the item recommending Council authorization for the City Manager to execute a letter requesting the Tulsa County Vision Authority amend their Resolution, dated November 2, 2016, by increasing the listed project cost amount from $148,363 to $157,056 for the 76th Street North and Main Street Utility Relocation project, and requesting the Tulsa Board of County Commissioners to issue a Capital Improvements Agreement for the same project. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn for City Council authorization for the City Manager to execute the letter, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 Owasso City Council /OPWA /OPGA May 1, 2018 Page 3 13. Report from City Manager /Authority Manager Roger Stevens presented the Monthly Public Works Project Status Report, Mr. Lehr expressed appreciation to Sherry Bishop and congratulated her on retirement; and commented on upcoming community events: Yard waste - May 5 and May 12 and Owasso CARES - May 12, 2018. 14. Report from City Attorney /Authority Attorney None 15. Report from City Councilors /Trustees Councilors /Trustees welcomed Councilor /Trustee Kelly Lewis; expressed appreciation to Jeri Moberly; and commented about upcoming community events: The Gathering on Main - May 3 and Trail Days - May 4 and May 5, 2018. 16. Official Notices to Council /Authority (documents for acknowledgment or information only, no discussion or action will be taken) The Mayor /Chair acknowledged receipt of the following: • Owasso City Council: - Payroll Payment Reports Pay Period Ending Date 4/14/18 - Health Care Self- Insurance Claims - dated as of 4/26/18 - Permit No. WL000072170646 for the construction of 777 linear feet of six (6) inch PVC potable water line and all appurtenances to serve the Lifepoint Baptist Church, Tulsa County, Oklahoma (11225 N Garnett Rd) • Owasso Public Works Authority - Payroll Payment Reports Pay Period Ending Date 4/14/18 • Owasso Public Golf Authority - Payroll Payment Reports Pay Period Ending Date 4/14/18 17. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) None 18. Adjournment Mr. Dunn moved, seconded by Ms. Lewis to adjourn the meeting. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried 5 -0 and the meeting adjourned at 7:05 pm. Chris Kelley, Mayor /Chair Lisa Wilson, Minute Clerk OWASSO CITY COUNCIL, OPWA & OPGA MINUTES OF JOINT REGULAR MEETING Tuesday, May 8, 2018 The Owasso City Council, Owasso Public Works Authority, and Owasso Public Golf Authority met in a joint regular meeting on Tuesday, May 8, 2018, in the Council Chambers at Old Central, 109 N Birch Street, Owasso, Oklahoma, per the Notice of Public Meeting and Agenda filed in the office of the City Clerk and posted at City Hall, 200 S Main (west side), at 6:00 pm on Friday, May 4, 2018. 1. Call to Order Mayor /Chair Chris Kelley called the meeting to order at 6:00 pm. Present Mayor /Chair- Dr. Chris Kelley Councilor /Trustee - Doug Bonebrake Councilor /Trustee - Lyndell Dunn Councilor /Trustee - Kelly Lewis A quorum was declared present. Absent Vice- Mayor /Vice -Chair - Bill Bush 2. Consideration and appropriate action relating to a request for an executive session for the purpose of discussing personnel matters of the City Attorney and City Manager as provided for in Title 25, O.S. § 307(8)(1) Councilor Bonebrake moved, seconded by Councilor Dunn to enter into executive session to discuss the annual evaluation of the City Attorney and City Manager. YEA: Bonebrake, Dunn, Lewis, Kelley NAY: None Motion carried: 4 -0 At 6:01 pm, the Council, along with Jim and Jeanine Rhea of Greenwood Performance entered into executive session. At 7:48 pm, the Council returned to open session. 3. Discussion relating to Community Development items A. Proposed amendments to the Owasso Zoning Code B. Annexation /Rezoning (OA 18 -02 /OZ 18 -03) - 10920 N Garnett Rd Bronce Stephenson presented each item and discussion was held. It was further explained that Item 3A would be placed on the June 19, 2018, Council agenda and Item 3B would be placed on the May 15, 2018, Council agenda for consideration and action. 4. Discussion relating to proposed amendments to the Owasso Code of Ordinances A. Part 11, Parks and Recreation, establishing a Special Events Permit - Larry Langford B. Part 13, Public Safety, Section 13 -102 Fire Department Enforcement - David Hurst Larry Langford presented Item 4A and discussion was held. It was further explained that an item would be placed on the June worksession for additional discussion. David Hurst and Johnny Peterson presented Item 4B and discussion was held. It was further explain that an item would be submitted in June for Council consideration and action. 5. Discussion relating to Data Storage Area Network Teresa Willson presented the item and discussion was held. It was further explained that an item seeking a budget amendment and authorization to purchase would be placed on the May 15, 2018, Council agenda for consideration and action. Owasso City Council, OPWA & OPGA May 8, 2018 Page 2 6. Discussion relating to Citizen Board & Committee Appointments Warren Lehr presented the item and discussion was held. It was further explained that an item would be placed on the June worksession agenda for additional discussion. 7. Discussion relating to City Manager items • Presentation of FY 2018 -2019 Annual Operating Budget • Monthly sales tax report • City Manager report Warren Lehr and Linda Jones presented the Proposed FY 2018 -2019 Annual Operating Budget and discussion was held. Linda Jones presented the monthly sales tax report and discussed was held Warren Lehr reported on the Spring Owasso C.A.R.E.S. day has been rescheduled to Saturday, May 12, 2018; and the city's application for Surface Transportation Funding for the E 96th St N and N 145 E Ave Intersection Improvement Project has been denied. 8. City Councilor /Trustee comments and inquiries Councilor Bonebrake expressed appreciation for the city staff's participation with a city information booth at the Gathering on Main Street events; Councilor Dunn advised that Owasso would be represented at the U.S. Capitol during the Annual Tulsa Chamber D.C. Fly - In; and Mayor Kelley commented on the successes of the Owasso High School Sports Teams for this school year. Adjournment Councilor Lewis moved, seconded by Councilor Bonebrake to adjourn the meeting. YEA: Bonebrake, Dunn, Lewis, Kelley NAY: None Motion carried: 4 -0 The meeting adjourned at 7:48 pm. Chris Kelley, Mayor /Chair Juliann M. Stevens, City Clerk Claims List - 5/15/2018 Fund Vendor Name Payable Description Payment Amount 01 GENERAL AT &T CONSOLIDATED PHONE $27,73 AT &T LONG DISTANCE PHONE $0.76 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES -APR] $41.50 CITY GARAGE LABOR /OVERHEAD - MAY, 201 $153.00 FLEETCOR TECHNOLOGIES FUELMAN EXP - APRIL, 2018 $53.22 JPMORGAN CHASE BANK ADVANCE AUTO - SUPPLIES $14.70 JPMORGAN CHASE BANK MIDWEST VET - SUPPLIES $163.34 JPMORGAN CHASE BANK WATERSTONE- CLEANING $48.30 VERIZON WIRELESS WIRELESS CONNECTION $80,02 GEN ANIMAL CONTROL -Total $582.57 CLEAN UNIFORM COMPANY UNIFORM SERVICE $12.84 FLEETCOR TECHNOLOGIES FUELMAN EXP - APRIL, 2018 $50.75 JPMORGAN CHASE BANK CORE &MAIN - GRATES $290.00 JPMORGAN CHASE BANK TURF LAND EQUIP -PARTS $70.22 OWASSO TOP SOIL DIRT $65.00 VERDIGRIS VALLEY ELECTRIC COOP CEMETERY ELECTRIC $30.73 GEN CEMETERY -Total $519.54 JPMORGAN CHASE BANK LOGO &TEAM -PROMO PRODU $410.35 GEN COM DEVTIF -Total $410.35 BRITTANY FRISKE CLASS INSTRUCTION $80.00 RON D. LEWIS CLASS INSTRUCTION $238.40 GEN COMM CTR DONATIONS -Total $318.40 AT &T CONSOLIDATED PHONE $43.43 AT &T LONG DISTANCE PHONE $2,97 GRAND GATEWAY ECO. DEV. ASSC. SENIOR RIDE FARES $208.00 JPMORGAN CHASE BANK LOWES -PARTS $5,94 JPMORGAN CHASE BANK QUIT SUGGIN -PEST CONT $95.00 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $232.37 GEN COMMUNITY CENTER -Total $587.71 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES -APRI $113.19 CITY GARAGE LABOR /OVERHEAD - MAY, 201 $512.92 FLEETCOR TECHNOLOGIES FUELMAN EXP - APRIL, 2018 $186.98 JPMORGAN CHASE BANK AUTODESK- SOFTWARE $190.00 JPMORGAN CHASE BANK DOLLAR RENT -CAR RENTA $269.56 JPMORGAN CHASE BANK HOBBY LOBBY - SUPPLIES $8.23 JPMORGAN CHASE BANK ICC -TABS $24.05 JPMORGAN CHASE BANK LOGO &TEAM -PPE $408.65 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $60.79 JPMORGAN CHASE BANK OMIA- TRAINING $150.00 JPMORGAN CHASE BANK VISTAPRINT -PPE $458.74 1 Claims List - 5/15/2018 Fund Vendor Name Payable Description Payment Amount 01 GENERAL TREASURER PETTY CASH LIC APPLICATION FEE $35.00 TREASURER PETTY CASH TRAVEL EXPENSE $448.50 TULSA COUNTY CLERK FILING FEES CODE ENFORCEM $39.00 VERIZON WIRELESS WIRELESS CONNECTION $126.32 GEN COMMUNITY DEVELOPMENT - Total $3,031.93 BAILEY EVENT CENTER, INC. FACILITY EXPENSES $1,517.50 FELKINS ENTERPRISES, LLC BUSINESS CARDS $35.00 VERIZON WIRELESS WIRELESS CONNECTION $29.65 GEN ECONOMIC DEV -Total FUELMAN EXP - APRIL, 2018 $1,582.15 AT &T CONSOLIDATED PHONE $15.70 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $11.30 JPMORGAN CHASE BANK STANDLEY- COPIER SERVI $5.35 TOTAL RADIO INC STORM SIREN MAINT $6,696.00 VERDIGRIS VALLEY ELECTRIC COOP STORM SIREN ELECTRIC $94.68 VERIZON WIRELESS WIRELESS CONNECTION $29.65 GEN EMERG PREPAREDNESS -Total $6,852.68 CITY GARAGE LABOR/OVERHEAD - MAY, 201 $438.25 CITY GARAGE VEH PARTS PURCH - APRIL, $176.89 CLEAN UNIFORM COMPANY UNIFORM SERVICE $3921 FLEETCOR TECHNOLOGIES FUELMAN EXP - APRIL, 2018 $246.66 VERIZON WIRELESS WIRELESS CONNECTION $69.66 GEN ENGINEERING -Total $970.67 CITY GARAGE LABORIOVERHEAD - MAY, 201 $76.75 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES $33.90 JPMORGAN CHASE BANK OK MUNINICIPAL -FEES $85.00 TREASURER PETTY CASH MILEAGE REIMB- FUERST $6.48 TREASURER PETTY CASH MILEAGE REIMB -ROSS $6.54 GEN FINANCE -Total $208.67 AMERICANCHECKED, INC ATTN: BILLING SOLICITOR BACKGROUND $114.80 CHEC AT &T CONSOLIDATED PHONE $607.07 AT &T LONG DISTANCE PHONE $29.76 DRAKE SYSTEMS INC COPIER SERVICES $515.84 GRAND GATEWAY ECO. DEV. ASSC. PELIVAN TRANSIT $10,200.00 IMPERIAL LLC COFFEE SERVICE $277.50 JPMORGAN CHASE BANK ADMIRAL EXP - SUPPLIES $27,99 JPMORGAN CHASE BANK BRADLEY LAW -LEGAL FEE $5,700.00 JPMORGAN CHASE BANK GIANT W- EMPLOYEE DEVE $1,030.00 MAILROOM FINANCE INC POSTAGE $1,000.00 MCAFEE & TAFT LEGAL PERSONNEL $575.00 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $454.31 2 Claims List - 5/15/2018 Fund Vendor Name Payable Description Payment Amount 01 GENERAL GEN GENERAL GOVERNMENT -Total CONSOLIDATED PHONE $20,532.27 AT&T CONSOLIDATED PHONE $15.70 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $77.52 GEN HISTORICAL MUSEUM -Total GODADDY.COM- RENEWAL $93.42 AMERICANCHECKED, INC ATTN: BILLING BACKGROUND CHECKS $277.75 GREENWOOD CONSULTING CM /CA EVALUATION $3,000.00 JPMORGAN CHASE BANK CHARACTER - BULLETINS $861.12 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $1139 JPMORGAN CHASE BANK SAMS- SUPPLIES $76.98 TREASURER PETTY CASH WORKBOOKS $176.45 TULSA EMERGENCY MEDICAL CENTER POST ACCDNT DRUG TEST $50.00 TULSA EMERGENCY MEDICAL CENTER PRE EMPLOY DRUG TEST $625.00 TULSA EMERGENCY MEDICAL CENTER RANDOM DRUG TEST $775.00 GEN HUMAN RESOURCES -Total $5,855.69 AT&T CONSOLIDATED PHONE $22.72 CITY GARAGE LABORIOVERHEAD - MAY, 201 $81.92 JPMORGAN CHASE BANK GODADDY.COM -FEE $119.88 JPMORGAN CHASE BANK GODADDY.COM- RENEWAL $15.17 JPMORGAN CHASE BANK LOGMEIN- RENEWAL $899,99 JPMORGAN CHASE BANK OWASSO CHAMBER - LUNCHE $40.00 VERIZON WIRELESS WIRELESS CONNECTION $149.68 GEN INFORMATION TECH -Total $1,329.36 CITY GARAGE LABOR/OVERHEAD - MAY, 201 $70.08 CITY GARAGE VEH PARTS PURCH - APRIL, $14.81 CUSTOM CRAFT AWARDS, INC. COUNCIL EXPENSE $75.00 FLEETCOR TECHNOLOGIES FUELMAN EXP - APRIL, 2018 $29.50 JPMORGAN CHASE BANK COUNCIL MEETING EXP $131.04 JPMORGAN CHASE BANK EMPLOYEE RECOGNITION $272.38 JPMORGAN CHASE BANK MEETING EXPENSE $171.69 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES $21.78 JPMORGAN CHASE BANK OWASSO CHAMBER -FEES $260.00 JPMORGAN CHASE BANK SAMS- SUPPLIES $49.30 JPMORGAN CHASE BANK SOUTHWEST- AIRFARE $440.60 JPMORGAN CHASE BANK UNIV OF OK- TRAINING $371.28 GEN MANAGERIAL -Total $1,907.46 JPMORGAN CHASE BANK OFFICE EVERYTHING -TON $48.58 YOUTH SERVICES OF TULSA YOUTH SERVICES $4,125.00 GEN MUNICIPAL COURT -Total $4,173.58 AT&T CONSOLIDATED PHONE $24.05 AT&T LONG DISTANCE PHONE $0.13 3 Claims List - 511512018 Fund Vendor Name Payable Description Payment Amount 01 GENERAL BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES -APR] $129.58 CITY GARAGE LABORIOVERHEAD - MAY, 201 $1,282.50 CITY GARAGE VEH PARTS PURCH - APRIL, $143.30 CITY OF OWASSO WATER $997.50 FLEETCOR TECHNOLOGIES FUELMAN EXP - APRIL, 2018 $822.30 JPMORGAN CHASE BANK ATWOODS - SUPPLIES $10.99 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $13.69 ROGERS COUNTY RURAL WATER PARK WATER SERVICE $309.61 DISTRICT CNG FUEL PURCHASES - APRI $280.06 VERIZON WIRELESS WIRELESS CONNECTION $29.65 WORLEYS GREENHOUSE & NURSERY, INC TREES $3,589.00 GEN PARKS -Total $7,352.30 OKLAHOMA CORRECTIONAL INDUSTRIES PUBLIC ART BENCH $442.00 TWIN CITIES READY MIX, INC CONCRETE $96.00 GEN PARKS PUB ART BENCHES -Total $538.00 AT &T CONSOLIDATED PHONE $313.58 DEPARTMENT OF PUBLIC SAFETY OLETS $350.00 JPMORGAN CHASE BANK INTL CPR INST- TRAINI $238.00 JPMORGAN CHASE BANK WATERSTONE- CLEANING $6225 GEN POLICE COMMUNICATIONS • Total $963.83 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES - APRI $280.06 CITY GARAGE LABOR/OVERHEAD - MAY, 201 $2,338.58 CITY GARAGE VEH PARTS PURCH - APRIL, $297.27 CLEAN UNIFORM COMPANY UNIFORM SERVICE $55.41 FLEETCOR TECHNOLOGIES FUELMAN EXP - APRIL, 2018 $715.44 JPMORGAN CHASE BANK BUMP28UMP- ANTIFREEZE $17.90 JPMORGAN CHASE BANK LOWES #01500' -KEYS $29.30 JPMORGAN CHASE BANK LOWES -PARTS $233.00 JPMORGAN CHASE BANK QUALITY TIRE - REPAIR $22.50 JPMORGAN CHASE BANK TURF LAND EQUIP -BLADE $66.45 SPIRIT LANDSCAPE MANAGEMENT LLC LANDSCAPE MAINT $626.25 VERIZON WIRELESS WIRELESS CONNECTION $69.66 GEN STORMWATER -Total $4,751,82 AT &T CONSOLIDATED PHONE $45.43 AT &T LONG DISTANCE PHONE $0.05 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES - APRI $47.32 CITY GARAGE LABOR/OVERHEAD - MAY, 201 $700.58 CITY GARAGE VEH PARTS PURCH - APRIL, $99,49 CLEAN UNIFORM COMPANY UNIFORM RENTAL FEES - FY $39.52 FALCON AUDIO LLC REPAIR $100.00 JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES $27.99 G Claims_ List - 5/15/2018 Fund Vendor Name Payable Description Payment Amount 01 GENERAL JPMORGAN CHASE BANK ALARM BILLING - SERVICE $90.00 JPMORGAN CHASE BANK BEST BUY - EQUIPMENT $23.48 JPMORGAN CHASE BANK FOWLER TOYOTA -MAT $89.25 JPMORGAN CHASE BANK LOCKE SPLY -LIGHT BULB $17.06 JPMORGAN CHASE BANK LOCKE SPLY -VALVE $11.75 JPMORGAN CHASE BANK LOWES- HARDWARE $28.62 JPMORGAN CHASE BANK LOWES - MATERIALS $8,34 JPMORGAN CHASE BANK LOWES -PVC GLUE $5.19 JPMORGAN CHASE BANK SAMS- SUPPLIES $84,42 JPMORGAN CHASE BANK SPECTRUM - SEALER $169.50 VERIZON WIRELESS WIRELESS CONNECTION $29.65 GEN SUPPORT SERVICES •Total $1,617.64 AEP /PSO STREET LIGHTS $8.67 GENERAL -Total $867 GENERAL -Total $64,188.51 20 AMBULANCE SERVICE CITY GARAGE LABOR/OVERHEAD - MAY, 201 $846.08 CITY GARAGE VEH PARTS PURCH - APRIL, $245.60 FLEETCOR TECHNOLOGIES FUELMAN EXP - APRIL, 2018 $2,873.55 JPMORGAN CHASE BANK BEST BUY -MAINT $99,99 JPMORGAN CHASE BANK BOUND TREE - SUPPLIES $353.94 JPMORGAN CHASE BANK CAPITAL WASTE - DISPOSA $100.00 JPMORGAN CHASE BANK EXCELLANCE- REPAIR $41.76 JPMORGAN. CHASE BANK FULLTERTON- OXYGEN $25.50 JPMORGAN CHASE BANK HENRY SCHEIN - SUPPLIES $392.00 JPMORGAN CHASE BANK S ANESTHESIA - RETURN ($223.40) JPMORGAN CHASE BANK S ANESTHESIA - SUPPLIES $203.31 JPMORGAN CHASE BANK STRYKER -PARTS $21.05 JPMORGAN CHASE BANK UNITED- AIRFARE $1,450.80 VERIZON WIRELESS WIRELESS CONNECTION $29.65 AMBULANCE -Total $6,459.83 CARMELLA WYSONG AMBULANCE REFUND $500.00 LEONARD COHEN AMBULANCE REFUND $52.64 LUKE ACOSTA AMBULANCE REFUND $480.62 PAULATAYLOR AMBULANCE REFUND $544.26 TREASURER PETTY CASH AMB BILLING REIMS $122,82 WAYNE CARVER AMBULANCE REFUND $69.32 AMBULANCE SERVICE •Total $1,769.66 AMBULANCE SERVICE -Total $8,229.49 21 E -911 AT &T FEE T -1 CIRCUITS $946.32 E911 COMMUNICATIONS -Total $946.32 5 Fund Claims List - 5/15/2018 Vendor Name Payable Description Payment Amount 21 E -911 -Total $946.32 22 CEMETERY CARE JPMORGAN CHASE BANK CORE &MAIN -LID $32.50 CEMETERY - CEMETERY -Total $32.50 CEMETERY CARE -Total $32.50 25 HOTEL TAX JPMORGAN CHASE BANK AMERICAN- BAGGAGE FEE $50.00 JPMORGAN CHASE BANK LODGING EXPENSE $262.33 JPMORGAN CHASE BANK SOUTHWEST - AIRFARE $881.20 JPMORGAN CHASE BANK TRAVEL EXPENSE $93.32 JPMORGAN CHASE BANK TULSA AIRPORT - PARKING $36.00 JPMORGAN CHASE BANK UBER -FARE $29.75 MARY P BOSCH RETAIL MARKET ANALYSIS $4,000.00 REGIONTRACK, INC. ECONOMIC OUTLOOK $5,000.00 HOTEL TAX ECON DEV -Total $10,352.60 CITY GARAGE LABOR/OVERHEAD - MAY, 201 $67.08 JPMORGAN CHASE BANK ANCHOR PAINT- SUPPLIES $15.80 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $10.99 JPMORGAN CHASE BANK PIKEPASS -FEES $9,90 STRONG NEIGHBORHOODS -Total $103.77 HOTELTAX -Total $10,456.37 27 STORMWATER MANAGEMENT TULSA COUNTY CLERK FILING FEES EASEMENT $19.00 MOWE MOWERY /ATOR DRAINAGE IMP -Total $19.00 CLEAN UNIFORM COMPANY UNIFORM SERVICE $32.40 JPMORGAN CHASE BANK MESHEK & ASSOCIATES, P.L.C. NATIONAL CINEMEDIA PRECISION LAWN CARE OF TULSA, LLC THE METROPOLITAN ENVIRONMENTAL TRUS VERIZON WIRELESS CORE &MAIN -PIPE $1,272.60 ENGINEERING SERVICES - $3,010.00 ADVERTISING $1,248.00 MOWING MAINTENANCE $1,200.00 DISPOSAL $200.00 WIRELESS CONNECTION $40.01 STORMWATER - STORMWATER -Total $7,003.01 STORMWATER MANAGEMENT -Total $7,022.01 34 VISION TAX BKL INCORPORATED ENGINEERING SERVICES - E $14,146.72 VSN RECAP 96TH /119.129TH -Total $14,14612 GUY ENGINEERING SERVICES INC ENGINEERING SERVICES - E $3,478.43 VSN RECAP GARNETT TO 129 -Total $3,478.43 GARVER ENGINEERING SERVICES - 11 $5,078.00 VSN RECAP MINGO TO GARNET -Total $5,078.00 VISION TAX -Total $22,703.15 36 CAPITAL IMPROV GRANTS MCCLELLAND CONSULTING ENGINEERS ENGINEERING SERVICES -76TH $3,900.00 Claims List - 5/15/2018 Fund Vendor Name Payable Description Payment Amount 36 CAPITAL IMPROV GRANTS INC VSN 2025 76TH /MAIN INTERS - Total $3,900.00 PDG, INC. VISION 2025 FEATURES SPLA $6,300.00 VSN 2025 FEATURE SPLASH -Total $6,300.00 CAPITAL IMPROV GRANTS -Total $10,200.00 37 SALES TAX FIRE AT &T CONSOLIDATED PHONE $165.07 AT &T LONG DISTANCE PHONE $5.54 CITY GARAGE LABORIOVERHEAD - MAY, 201 $2,439.92 CITY GARAGE VEH PARTS PURCH - APRIL, $899.24 CITY OF OWASSO WATER $199.50 FIRST RESPONDER SUPPORT SERVICES BEHAVIORAL HEALTH SERVICE $887.40 FLEETCOR TECHNOLOGIES FUELMAN EXP - APRIL, 2018 $2,703.29 JPMORGAN CHASE BANK 5.11 TACTICAL- UNIFORM $39.99 JPMORGAN CHASE BANK ACADEMY - UNIFORMS $59.99 JPMORGAN CHASE BANK ADVANCE AUTO -HOSE $2.99 JPMORGAN CHASE BANK ADVANCE AUTO - SUPPLIES $33.08 JPMORGAN CHASE BANK ATWOODS- SUPPLIES $16.99 JPMORGAN CHASE BANK BOUND TREE - SUPPLIES $546.85 JPMORGAN CHASE BANK CONRAD FIRE - REPAIRS $3,011.25 JPMORGAN CHASE BANK CORNERSTONE -HOSE $59.99 JPMORGAN CHASE BANK CORNERSTONE - NOZZLE $9.99 JPMORGAN CHASE BANK DRY CLEANING- CLEANING $87.00 JPMORGAN CHASE BANK EMTEC -PEST CONTROL $85.00 JPMORGAN CHASE BANK FAMILY ANIMAL MED -K9 $46.28 JPMORGAN CHASE BANK FULLERTON- OXYGEN $69.00 JPMORGAN CHASE BANK GRAINGER -PARTS $32.04 JPMORGAN CHASE BANK HENRY SCHEIN- SUPPLIES $690.04 JPMORGAN CHASE BANK LODGING EXPENSE $1,628.64 JPMORGAN CHASE BANK NAFECO- UNIFORMS $2,355.25 JPMORGAN CHASE BANK NAMEPLATES- SUPPLIES $257.00 JPMORGAN CHASE BANK NORTHERN SAFETY -PPE $2,385.00 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES $22.15 JPMORGAN CHASE BANK OK POLICE SPLY- UNIFOR $289.98 JPMORGAN CHASE BANK PENNWELL -BOOKS $170.01 JPMORGAN CHASE BANK PIKEPASS -FEES $9.00 JPMORGAN CHASE BANK PRUITTS AUTO - REPAIR $1,258.62 JPMORGAN CHASE BANK RED BUD SVC- FILTERS $193.36 JPMORGAN CHASE BANK S ANESTHESIA - SUPPLIES $1,608.43 JPMORGAN CHASE BANK SAMS- BATTERIES $39.96 JPMORGAN CHASE BANK TRAVEL EXPENSE $542.20 JPMORGAN CHASE BANK TRUCK PRO -LIGHT $24.18 7 Claims List - 5/15/2018 Fund Vendor Name Payable Description Payment Amount 37 SALES TAX FIRE JPMORGAN CHASE BANK UPS - POSTAGE $42,92 JPMORGAN CHASE BANK WALMART- SUPPLIES $13.23 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $729.37 VERIZON WIRELESS WIRELESS CONNECTION $849.38 SALES TAX FUND -FIRE -Total $24,509.12 SALES TAX FIRE • Total $24,509.12 38 SALES TAX POLICE AT &T CONSOLIDATED PHONE $570.18 AT &T LONG DISTANCE PHONE $29.76 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES -APRI $7.74 CITY GARAGE LABOR /OVERHEAD - MAY, 201 $10,100.75 CITY GARAGE VEH PARTS PURCH - APRIL, $2,787.71 DRAKE SYSTEMS INC COPIER LEASE $464.04 FIRST RESPONDER SUPPORT SERVICES BEHAVIORAL HEALTH SERVICE $1,291.35 FLEETCOR TECHNOLOGIES FUELMAN EXP - APRIL, 2018 $8,524.34 JPMORGAN CHASE BANK ACADEMY - FIREARMS $91.97 JPMORGAN CHASE BANK ACTION T- SUPPLIES $380.11 JPMORGAN CHASE BANK AMAZON- SUPPLIES $119.98 JPMORGAN CHASE BANK AMAZON -TOOLS $882,94 JPMORGAN CHASE BANK AMERICAN WASTE CON -RE $156.22 JPMORGAN CHASE BANK BROWNELLS- UNIFORM $266.65 JPMORGAN CHASE BANK BUMPER TO BUMPER 115- $12.99 JPMORGAN CHASE BANK LODGING EXPENSE $380.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $191.88 JPMORGAN CHASE BANK SAMS- SUPPLIES $454.30 JPMORGAN CHASE BANK SYNAPTENT - SUPPLIES $47,28 JPMORGAN CHASE BANK ULINE- SUPPLIES $225.40 JPMORGAN CHASE BANK WATERSTONE- CLEANING $1,613.25 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $368.60 SPECIAL OPS UNIFORMS, INC _ UNIFORM ITEMS $209.99 VERIZON WIRELESS WIRELESS CONNECTION $887.72 SALES TAX FUND - POLICE -Total $30,065.15 SALES TAX POLICE -Total $30,065.15 39 SALES TAX STREETS AEP IPSO STREET LIGHTS $7,163.19 AMERICAN ELECTRIC POWER MAIN STREET LIGHTING $1,000.00 AMERICAN ELECTRIC POWER SILVER CREEK LIGHTING $513.00 ANCHOR STONE COMPANY ROCK $82,40 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES -APRI $283.85 CITY GARAGE LABOR/OVERHEAD - MAY, 201 $1,658.50 CITY GARAGE VEH PARTS PURCH - APRIL, $22,22 CLEAN UNIFORM COMPANY UNIFORM SERVICE $142.50 FLEETCOR TECHNOLOGIES FUELMAN EXP - APRIL, 2018 $1,093.53 3 Claims List - 5/15/2018 Fund Vendor Name Payable Description Payment Amount 39 SALES TAX STREETS JPMORGAN CHASE BANK ATWOODS - SUPPLIES $14.99 JPMORGAN CHASE BANK BUMP2BUMP -PARTS $305.43 JPMORGAN CHASE BANK HOME DEPOT - BLOCKS $19.20 JPMORGAN CHASE BANK - HOME DEPOT - SUPPLIES $13.74 JPMORGAN CHASE BANK INTERSTATE - BATTERY $177.60 JPMORGAN CHASE BANK LOWES- MATERIALS $49,92 JPMORGAN CHASE BANK LOWES -OIL $7,29 JPMORGAN CHASE BANK LOWES -PAINT $26.98 JPMORGAN CHASE BANK LOWES -PARTS $9,98 JPMORGAN CHASE BANK LOWES- SUPPLIES $108.46 JPMORGAN CHASE BANK MAXWELL- WRENCH $10.63 JPMORGAN CHASE BANK OREILLY -PARTS $7,86 JPMORGAN CHASE BANK OREILLY- SUPPLIES $24.75 JPMORGAN CHASE BANK TOOLS $54.99 JPMORGAN CHASE BANK TULSA USED EQUIP -PART $61.46 PENSKE COMMERCIAL VEHICLES, US LLC 2019 FREIGHTLINER $83,793.00 SIGNALTEK INC SUPPLIES $691.60 TULSA COUNTY HIGHWAY CONSTRUCTION SIGNS $468.60 TULSA EMERGENCY MEDICAL CENTER DRUG TESTING $93.00 TWIN CITIES READY MIX, INC CONCRETE $2,712.00 VERDIGRIS VALLEY ELECTRIC COOP CHAMPIONS STREET LIGH $85.12 VERDIGRIS VALLEY ELECTRIC COOP SECURITY LIGHT $7,19 VERIZON WIRELESS WIRELESS CONNECTION $80.02 WELSCO, INC. WELDING CYLINDER RENTAL, $11.60 SALES TAX FUNDSTREETS -Total $100,794.60 BECCO CONTRACTORS INC FY 16 -18 STREET REHAB PRO $376,198.79 STAX ST REHAB BECCO 16 -18 -Total $376,198.79 SALES TAX STREETS • Total $476,993,39 40 CAPITAL IMPROVEMENTS JPMORGAN CHASE BANK L &M- FURNITURE $5,650.00 CI - POLICE BLDG -Total $5,650.00 DAVID C ROBERSON APPRAISAL SERVICES $2,400.00 TULSA COUNTY CLERK FILING FEE $30.00 CIP GARN RD WIDE 106.116 -Total $2,430.00 BECCO CONTRACTORS INC FY 16 -18 STREET REHAB PRO $75,592.46 CIP ST REHAB BECCO 16.18 -Total $75,592,46 JPMORGAN CHASE BANK AMERIFLEX - EQUIPMENT $1,19425 JPMORGAN CHASE BANK CONRAD FIRE - EQUIPMENT $5,018.18 PUBLIC SAFETY VEH - FIRE -Total $6,212.43 GRADE LINE CONSTRUCTION CONSTRUCTION SERVICES - N $96,958.48 SRVC RD 106 - 1161135TH -Total $96,958.48 6] Claims List - 5/15/2018 Fund Vendor Name Payable Description Payment Amount 40 CAPITAL IMPROVEMENTS -Total $186,843.37 70 CITY GARAGE AT &T CONSOLIDATED PHONE $27,73 AT &T LONG DISTANCE PHONE $0.50 CLEAN UNIFORM COMPANY UNIFORM RENTAL FEES $89.22 JPMORGAN CHASE BANK AMERIFLEX- CLAMPS $55.65 JPMORGAN CHASE BANK ATWOODS -BOOTS $119.99 JPMORGAN CHASE BANK B &M CUSTOM EXHAUST -PA $60.00 JPMORGAN CHASE BANK B &M WAREHOUSE -OIL $352.00 JPMORGAN CHASE BANK BUMP2BUMP -PART RESALE $148.22 JPMORGAN CHASE BANK CLASSIC CHEVROLET -PAR $150.27 JPMORGAN CHASE BANK CUMMINS -CLAMP $29.64 JPMORGAN CHASE BANK GREATDEAL- ASSEMBLY $48.00 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES $3.74 JPMORGAN CHASE BANK SAMS - SUPPLIES $13,98 JPMORGAN CHASE BANK SUPPLIES $43.30 JPMORGAN CHASE BANK TIRES $376.86 JPMORGAN CHASE BANK TULSA GAS TECH - FILTER $111.00 JPMORGAN CHASE BANK UNITED FORD -CORE RETU ($100.00) JPMORGAN CHASE BANK WALMART- RETURN $22.07 JPMORGAN CHASE BANK WELDON -PARTS $1,134.93 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $242.48 CITY GARAGE -Total $2,929.58 CITY GARAGE -Total $2,929.58 76 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS $8,454.05 UNITED SAFETY & CLAIMS INC UNITED SAFETY CLAIMS $1,658.33 WORKERS' COMP SELF -INS -Total $10,112.38 WORKERS' COMP SELF -INS -Total $10,112.38 77 GENERAL LIABILITY- PROPERT ASHLEY & JESSIE MAYFIELD TORT CLAIM $8,560.13 JPMORGAN CHASE BANK PRUITTS AUTO -TORT CLA $3,244.86 GEN LIAR -PROP SELF INS -Total $11,804.99 GENERAL LIABILITY - PROPERT -Total $11,804.99 78 HEALTHCARE SELF INS FUND AETNA BIOMETRICS $254.50 SELF -INS HEALTHCARE -Total $254.50 HEALTHCARE SELF INS FUND -Total $254.50 City Grand Total $867,290.83 10 REAL People • REAL On.5'. BEAL Community TO: The Honorable Mayor and City Council City of Owasso FROM: Michele Dempster Human Resources Director SUBJECT: OkMRF Retirement Request DATE: May 11, 2018 BACKGROUND: Oklahoma Municipal Retirement Fund (OkMRF), the retirement plan for non - police and fire employees, requires the City Council acting as the OkMRF Retirement Committee to approve applications for retirement. To be eligible for retirement benefits through OkMRF an employee must have a minimum of five years of employment. Once an employee has five years of service the employee is considered vested and upon leaving employment with the City has three options depending upon age. 1. Normal Retirement is available to a vested employee age 65 or older. 2. Early Retirement is available to a vested employee between ages 55 and 65. 3. Deferred Retirement is available to a vested employee under the age of 65. Deferred Retirement allows an employee to "defer" retirement benefits until a future date, at which time the employee would begin receiving monthly retirement benefits. May 4, 2018, was the last day of employment for Sherry Bishop of the Managerial Department. Ms. Bishop was a participant in the OkMRF retirement plan while employed with the City since December 1986 and has applied for, and meets the prerequisites for Normal Retirement. RECOMMENDATION: Staff recommends approval of Normal Retirement benefits for Sherry Bishop. REAL People-REALC ,c -REAL Community TO: The Honorable Mayor and City Council City of Owasso FROM: Karl Fritschen, MRCP, AICP, RLA Planning Manager SUBJECT: Community Development Block Grant (CDBG) FY 2016 and 2017 Contract /Agreement Renewals, Hale Acres Sewer Line project DATE: May 11, 2018 BACKGROUND: As part of the current CDBG Hale Acres Sewer Replacement Project, the City is utilizing unspent funds from the FY 2016 and 2017 funding cycles. Previous contracts were executed between Tulsa County and the City of Owasso for the utilization of these funds for the sewer line work. Owasso has a balance of unspent funds for the two previous funding cycles, the Tulsa County Board of County Commissioners and INCOG require that contract renewals be executed and signed by the City Manager. Once the City Manager has signed the contracts, they will be returned to INCOG and taken before the Tulsa County Board of County Commissioners for the Chairman's signature. RECOMMENDATION: Staff recommends authorization for the City Manager to execute the renewal contracts to utilize FY 2016 and FY 2017 CDBG unspent funds. ATTACHMENTS: Contract /Agreement Renewal FY 2016 Contract /Agreement Renewal FY 2017 RESOLUTION CONTRACT /AGREEMENT RENEWAL Department: Tulsa County BOCC Vendor: City of Owasso Describe Product /Service provided by this contract: Extension of the FY2016 Contract for the Hale Acres Sanitary Sewer Project using Tulsa County Urban County CDBG Funds. Original CMF # 240119 Current CMF # 241710 Dated: 1/17/2017 Dated: 6./19/2017 The Board of County Commissioners, on behalf of the department above, by this renewal adopts and ratifies all the provisions and terms in the original or the most recent renewal of the contract/ agreement, without amendments or addendums, as if the terms and provisions were set out in full herein. The terms of this contract/ agreement shall be in full force and effect for the fiscal year July 1, 2018 - June 30, 2019 and shall be effective upon full execution of this contract/ agreement renewal. ATTEST: Michael Willis County Clerk Chairman, Board of County Commissioners Tulsa County Date: Warren Lehr, City Manager, City of Owasso NOTE: Original to County Clerk for placement on Board of County Commissioners' Meeting Agenda Form 2962 (1 -17) RESOLUTION CONTRACT /AGREEMENT RENEWAL Department: Tulsa County BOCC Vendor: City of Owasso Describe Product /Service provided by this contract: Extension of the FY2017 Contract for the Hale Acres Sanitary Sewer Ph II proj. using Tulsa County Urban County CDBG Funds. Original CMF # 243116 Current CMF # Dated: 11 /6/2017 Dated: The Board of County Commissioners, on behalf of the department above, by this renewal adopts and ratifies all the provisions and terms in the original or the most recent renewal of the contract/ agreement, without amendments or addendums, as if the terms and provisions were set out in full herein. The terms of this contract/ agreement shall be in full force and effect for the fiscal year July 1, 2018 - June 30, 2019 and shall be effective upon full execution of this contract/ agreement renewal. ATTEST: Michael Willis County Clerk Chairman, Board of County Commissioners Tulsa County Date: Warren Lehr, City Manager, City of Owasso NOTE: Original to County Clerk for placement on Board of County Commissioners' Meeting Agenda Form 2962 (1 -17) REAL PeoPle • REAL Cha Wt •REAL Community TO: The Honorable Mayor and Council Owasso City Council FROM: Linda Jones Finance Director SUBJECT: Declaration of a Surplus Finance Vehicle DATE: May 11, 2018 PROPOSED ACTION: Staff is requesting City Council consideration and action to declare the 2002 Ford Explorer vehicle, VIN #1 FMZU73W92UB87055, as surplus to the needs of the City and make the vehicle available for disposal via auction. BACKGROUND: This vehicle was primarily used by the Finance Department to go to the bank and post office each day. The vehicle is in need of a new transmission and determined to be unworthy of repair. Upon declaration by the City Council, the City Manager may dispose of the equipment via auction. The City will utilize an on -line auction service to dispose of the surplus equipment. RECOMMENDATION: Staff recommends the 2002 Ford Explorer vehicle, VIN #1FMZU73W92UB87055, be declared surplus to the needs of the City and made available for disposal via auction. REAL People • REAL CM1aracter •REAL Communpy TO: The Honorable Mayor and City Council City of Owasso FROM: Josh Quigley Manager of the Owasso Community Center SUBJECT: Owasso Community Center Budget Amendment DATE: May 11, 2018 BACKGROUND: The Owasso Community Center was built in 1977 with a grant provided by the Federal Government. The Community Center is a place where residents of all ages can participate in meaningful programs and activities to enrich their lives. In fulfilling that mission, class activities for a nominal fee have been offered beginning last fall with the development of a Youth and Family program. Participation has exceeded initial goals and expectations. As a result, revenues and expenditures have exceeded original budget planning. A budget amendment is needed in order to make current funds available for expenditure in the Community Center FY18 budget. This budget amendment would increase the General Fund revenues and appropriation for expenditures by $3,000.00. RECOMMENDATION: Staff recommends approval of a budget amendment in the General Fund increasing estimated revenues and the appropriation for expenditures in the Community Center Department by $3,000.00. Po W AL Community TO: Honorable Mayor and City Council Use City of Owasso FROM: Morgan M. Pemberton Land Use Plan Assistant City Planner SUBJECT: Ordinance 1129 North Annexation /Rezoning (OA 18 -02 /OZ 18 -03) - 10920 N Garnett Rd DATE: May 11, 2018 BACKGROUND: The Community Development Department received a request for an annexation of property located at 10920 N Garnett Rd. The subject property is currently zoned AG (Agriculture) in Tulsa County and is approximately 9.75 acres in size. The applicant has also submitted a concurrent rezoning request to change the property from AG (Agriculture) to OM (Office Medium) upon annexation into Owasso City Limits. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction OM (Office Medium) Land Use Plan Transitional Within PUD? ! No North CG (Commercial General) Commercial Commercial City of Owasso South RE (Residential Estate) Residential Residential City of Owasso East RS -3 (Residential Single- Family High Density) Residential Residential City of Owasso West RE (Residential Estate) Residential Residential City of Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 9.75 acres +/- Current Zoning AG (Agriculture) Proposed Zoning OM (Office Medium) Land Use Plan Transitional Within PUD? ! No Within Overlay District? No Water Provider City of Owasso Applicable Paybacks Storm Siren Fee ($50.00 per acre) Ranch Creek Sewer Service Assessment Area ($610.33 per acre) Meadowcrest Sewer Relief Area ($867.00 per acre) ANALYSIS: The subject property is currently zoned AG (Agriculture) in Tulsa County. The applicant requests the property be rezoned to OM (Office Medium) if the annexation request is approved. The GrOwasso 2030 Land Use Master Plan identifies this property for transitional land uses, which typically includes attached housing and offices. Therefore, staff concludes that the OM (Office Medium) zoning would be appropriate for the subject property. The Technical Advisory Committee reviewed the annexation request on April 18, 2018. No issues were found with the annexation of the property. It was determined that the City would be able to provide EMS and utility services to the site. Any development that occurs on the subject property must adhere to all subdivision, zoning, and engineering requirements of the City of Owasso. PLANNING COMMISSION: At their meeting on May 7, 2018, the Planning Commission voted 4 -0 to recommend approval of the annexation request (OA 18 -02) and the accompanying rezoning request (OZ 18 -03). RECOMMENDATION: Staff recommends approval of Ordinance 1129, annexing (OA 18 -02) property located at 10920 N Garnett Rd into the Owasso City Limits and rezoning (OZ 18 -03) the subject property from AG (Agriculture) to OM (Office Medium). ATTACHMENTS: Ordinance 1129 Aerial Map Zoning Map GrOwasso 2030 Land Use Master Plan Map CITY OF OWASSO, OKLAHOMA ORDINANCE 1129 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, REFERENCED IN APPLICATION OA 18 -02 & APPROVING ZONING APPLICATION OZ 18 -03 AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, public hearings have been held regarding the request for annexation and rezoning of the property described as 10920 N Garnett Rd, Owasso, Oklahoma; and, WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Annexation Committee, the Owasso Planning Commission, and all statements for or against the requested annexation and rezoning of the property referenced in applications OA 18 -02 and OZ 18 -03. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1. A tract of land described as 10920 N Garnett Rd, Owasso, Oklahoma, said tract being more particularly described as follows: NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER (NE /4 NE /4 SE /4) OF SECTION SEVEN (7), TOWNSHIP TWENTY -ONE (21) NORTH RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, OKLAHOMA ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY THEREOF. The same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and its corporate limits and the same is hereby zoned OM (Office Medium). All persons residing therein, and all property situated thereon, shall be subject to the jurisdiction, control, laws, and ordinances of the City of Owasso, Oklahoma, in all respects and particulars. SECTION 2. From and after the passage and publication of this Ordinance, the real estate and territory described above shall be a part of the City of Owasso, Oklahoma, and in Ward 1. SECTION 3. All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION 4. If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION 5. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. Ordinance 1129 Page 1 of 2 SECTION 6. There shall be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance and correct map of the territory annexed. 2018. PASSED by the City Council of the City of Owasso, Oklahoma on the 15th day of May, Chris Kelley, Mayor ATTEST: Juliann M. Stevens, City Clerk (SEAL) APPROVED as to form and legality this 151h day of May, 2018. Julie Lombardi, City Attorney Ordinance 1129 Page 2 of 2 Aerial Map OA 18 -02 /OZ 18 -03 Zoning Map OA 18 -02 /OZ 18 -03 GrOwasso 2030 Land Use Master Plan OA 18 -02 /OZ 18 -03 E112 "'StN LEGEND Land Use Categories - Conrncrwl - tMdslr mLRcw,9 Erivbywm N"PbUhood fined Use (U9nt 00kc. Co CkV Srappan, AMthed HoL". SF Housop, Awrtm is aboro mold) ® ParkvReaeatat - PUInaln mbm-40u Pwx Resraenbal 4Se gle Lmd/ dewchod houan9l - Tr","ml lAdacned tmu N, duplrxes. o(kes) /® US 1690'.Vrtw QsUKI 'GlmnRkr Add Wn Speoal U'.trrtt "Dun^Wvm iJC.NOpnsM DrJrxy Plomled TouVCn- Strout &kurafi CO Y4*10 Sum Emstry Dal j Foe SLXron ExwmV Nwc School Frrure Pubke School *. Cmlun Airslrq ® Fubre Park aM ReletTrawt Stop Me H wfal Q PtdAc Park 0oe Carle ttt CemeWry REAL People •REAL Character •REAL Community TO: The Honorable Mayor and City Council City of Owasso FROM: Teresa Willson Information Technology Director SUBJECT: Budget Amendment Data Storage System DATE: May 11, 2018 PROPOSED ACTION: Staff is requesting approval of a budget amendment for the purchase and installation of a data storage system, also referred to as a Storage Area Network, SAN. This has arisen due to the increased need for digital storage by multiple City departments. BACKGROUND: The Information Technology Department requested the approval for the purchase of two Storage Area Network systems by NetApp in September of 2014. These systems provide physical servers, virtual servers and storage for critical systems utilized by various City departments. The systems are configured to provide redundancy in the event one system needs to be taken offline due to catastrophic failure, maintenance or other scenario. In the event one system is down, the other is configured to function independently, providing continuity of service. Since the installation of the NetApp systems, the growth of the City's data needs have outpaced expectations. The significant growth experienced can in part be attributed to the increased collection and retention of video, images, and large format documents. There are several sources of this data. The Police Department utilizes a significant portion of data for the storage of evidence in many forms. In addition to the Police Department, other areas, such Public Works and Community Development work with large files from design drawings to plats and other plans submitted from developers. The need for storage is anticipated to continue to grow significantly for the City. Research shows that data storage needs continue to increase across almost all industries as technology continues to provide a more critical role in society. This is especially true for law enforcement agencies as digital evidence, surveillance videos and document archival needs continue to expand. During the last 4 years, the city's data storage needs have increased by over 400 %. A 400% growth in 4 years is not outside industry standards, but has increased at a rate faster than staff had predicted. Many analysts expect data storage levels to increase by an average of 50 times from 2010 to 2020. This level of growth has created a substantial challenge for IT departments in both public and private sectors. Due to the increases in data storage, IT staff is currently monitoring and clearing what files it can to ensure the storage needs of the City can be met. It will soon not be possible to clear files without risking critical data. PROPOSAL: To resolve the need for additional storage, staff has evaluated two possible approaches. The first option is to add storage to the existing NetApp system acquired in 2014. Adding storage to an existing system, while less expensive, becomes a disadvantage when the system needs to be replaced in approximately three years. The second option is to purchase an additional NetApp, due to compatibility with existing systems. Such a system would have the necessary storage, and five to seven year life span expectancy. Staff has concluded the benefits of an additional NetApp make it the most effective option. The benefits of a new NetApp are threefold. I . A new NetApp will allow staff to further distribute critical infrastructure across multiple locations in an effort to increase redundancy for disaster recovery. Having a new NetApp in place allows staff to eventually move one system a greater physical distance away for offsite storage and disaster recovery. 2. A new NetApp will increase the available performance of the storage system by providing nearly double the available IOPS, Input /output operations per second. This would allow staff to deploy additional virtual servers while maintaining a high performance level. Adding shelves to the existing NetApp controllers will add additional storage but will not provide much of an increase for TOPS or system performance. We will not be able to use that increase storage for high load systems like virtual servers. It could only be used for document and static video storage. 3. The new NetApp is a newer generation with several performance and stability enhancements. This includes solid state data caching which can substantially increase available TOPS and performance. A new NetApp system with I I ITB storage, including installation and 3 years support, has been quoted by a state contract vendor for NetApp, Peak Uptime. The City is permitted under state competitive bid statutes and the City's Code of Ordinances to utilize vendors and amounts established by state contract pricing in lieu of competitive bidding. The price quoted, $88,479.63, is actually well below state contract pricing and therefore may be utilized by the City for this purchase. Under state contract pricing, this system would cost $144,490.51. Through discounts from Peak Uptime, the price quoted to the City is $56,010.88 below state contract pricing. CONCLUSION: Estimates for the City's digital storage needs did not anticipate the recent significant growth in utilization. Therefore, no request for additional data storage was included in the FY2017 -18 budget. There is not sufficient remaining available budget in Information Technology to provide a solution to this urgent need. RECOMMENDATION: Staff recommends approval of a budget amendment in the General Fund, increasing the appropriation for expenditures in the Information Technology Department by $88,479.63. Staff further recommends approval of the purchase and installation of a new Net App data storage system by state contract vendor Peak Uptime in the amount of $88,479.63. ATTACHMENT: Peak Uptime Quote PEAK UPTIME Elc�atc. PEAK LIPTIME I "',; FAS262OA -002 FAS2620 HA System,Premium Bundle FAS2620 -106 -C FAS26204x960GB SSD,8x8TB,Mixed, -C DS224C- 10 -1.8 DSK SHLF,12G,24x1.8TB,10K,1P, SK - 24S -1P -SK $19,570.00 X66032A Cable,12Gb,Mini SAS HD to HD,2m X- 02659 -00 Rail Kit ,4- Post,Rnd /Sq- Hole,Adj,24 -32 X6589 -R6 -C SFP+ Optical 10Gb Shortwave, -C X66250 -5 Cable, LC- LC,OM4,Sm X6566B -05 -R6 Cable,Direct Attach CU SFP+ IOG,0.5M X- 02657 -00 NetApp Rail Kit Thin Rnd /SQ -Hole 4 -P X1558A -R6 Cabinet Component Power Cable,48 -IN,R6 X1558A -R6 Cabinet Component Power Cable,48 -IN,R6 DOC- 2620 -C Documents,FAS2620, -C OS- ONTAPI- ONTAP ,Per- 0.1TB,PREMBNDL,Perf,1P, -C CAP2 -PREM- 1P -C OS- ONTAPI- ONTAP, Per- 0.1TB,PREMBNDL,Capacity,1P C CAP1 -PREM- 1 P -C OS- ONTAP1- ONTAP, Per- 0.1TB,PREMBNDL,Ultra- Pef,1P, -C CAP3 -PREM- 1P -C $5,000.00 2 $10,000.00 $17,090.00 1 $17,090.00 $19,570.00 1 $19,570.00 $285.00 4 $1,140,00 $205.00 1 $205.00 $495.00 8 $3,960.00 $280.00 8 $2,240.00 $72.00 2 $144.00 $150.00 1 $150.00 $0.00 2 $0.00 $0.00 1 $0.00 $0.00 1 -' $0.00 $99.00 1 432 1 $42,768.00', $41.00 640 $26,240.00 $522.00 38 $19,836.00 SW -2 -CL -BASE SW- 2,Base,CL,Node I $0.00 SW- 2, Base,CL, Node SW- 2- 2620A- SW,Trusted Platform Module Enabled,2620A, C I $0.00 TPM -C 1 $0.00 2 $0.00 PEAK UPTIME 8VV`2^262OA` 80,Dataam Rest Encryption Enab|ed,263VA,+C NVE'C ' ` at Rest Encryption Enohled. DATA-AT-REST Data aN Rest Encryption Capable Operating Sys -ENCRYPTION Data ot Rest Encryption Capable Operating Sys ` ��� 90 �� w! � � ` �$«.0x! � | $O.VV| 2 | $0.00 | `< PEAK LIPTIME City of Owasso FAS2620 Prepared by Peak UpTime Terry Siemens 918.585.8488 Fax 918.585.5615 terry.siemens@peakuptime.com Quote Summary FAS2620 Hardware FAS2620 Software Services SupportEdge State Contract Discount Prepared for: City of Owasso 111 N Main Street Owasso, OK 74055 Andrew Neyman (916) 376 -1500 aneyman @cityofowasso.com Quote Information Quote #: TS000729 Version: 1 Delivery Dale: 0 310 812 01 8 Expiration Date: 0 410 612 01 8 $54,499.00 $88,844.00 $4,500.00 $16,293.57 ($75,656.94) Proposal valid for 30 days. Shipping and taxes not included unless specified. Prices and availability subject to change. Invoice date based on date of shipment and not on date of installation. All product returns must meet Peak Methods return policies in order to issue a Returns Authorization. A MINIMUM 15% RESTOCKING FEE MAYAPPLY, provided Peak Methods has return rights with its manufacturers or suppliers. Peak Methods only accepts the return of products within THIRTY (30) DAYS from the date of Peak Methods invoice. Peak UpTime makes no other warranties with respect to the services or the deliverables other than those stated in this agreement or any other properly executed work order, expressed or implied, or arising by operation of the law or the course of performance, custom, usage, in the trade or profession, including without limitation the implied warranties of merchantability and fitness for a particular purpose. Peak UpTime Signature: Name: Terry Siemens Title: Cloud Sales Executive Date: 03/08/2018 City of Owasso Signature: Name: Andrew Neyman Date: REAL People • REAL Chaader •REAL Community TO: The Honorable Mayor and City Council City of Owasso FROM: Michele Dempster Human Resources Director SUBJECT: International Association of Firefighters Local #2789 (IAFF) Fiscal Year 2018 -2019 Contract DATE: May 11, 2018 BACKGROUND: Negotiations with the Owasso International Association of Firefighters (IAFF) have concluded with a tentative agreement between parties to continue the current contact with no changes in language, other than updating dates and removing any language no longer applicable to fiscal year 2018 -19. Approving continuation of the current contract includes progression through the current pay plan as well as longevity increases for eligible members of the IAFF. The IAFF is currently in the second year of a two year contract wherein, changes to the compensation structure have been staggered throughout the two years, knowing that the focus for this fiscal year would need to be on funding new employees for Fire Station #4. The tentative agreement has been ratified by the IAFF membership. The compensation costs of continuing the current contract for fiscal year 2018 -19 is $138,000. RECOMMENDATION: Staff recommends approval of the FY 2018 -19 contract between the City of Owasso and the International Association of Firefighters (IAFF) Local #2789 and authorization for the Mayor to execute the contract. ATTACHMENT: Recommended IAFF Contract with Strikeouts AGREEMENT BETWEEN THE CITY OF OWASSO, OKLAHOMA A MUNICIPAL CORPORATION I: \U 11 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL NO. 2789 my i 2016 v rune 30 201 July i e 2017 v rune 30 , 2018 July 1, 2018 ¥ June 30, 2019 TABLE OF CONTENTS ARTICLE 1 PURPOSE OF AGREEMENT ............................ ............................... 1 ARTICLE 2 RECOGNITION ............................................. ............................... 2 ARTICLE 3 MUTUAL RESPONSIBILITY TO AVOID DISCRIMINATION ................. 3 ARTICLE 4 GENDER CLAUSE ......................................... ............................... 4 ARTICLE 5 AUTHORITY AND TERM ............................... ............................... 5 ARTICLE 6 MANAGEMENT RIGHTS AND RESPONSIBILITIES ............................ 6 ARTICLE 7 PREVAILING RIGHTS .................................... ............................... 8 ARTICLE 8 PROHIBITION OF STRIKES ............................. ............................... 9 ARTICLE 9 BARGAINING UNIT RIGHTS AND SECURITY ..... .............................10 ARTICLE 10 PERSONNEL FILES ........................................ .............................11 ARTICLE 11 REGULAR AND SPECIAL MEETINGS ................ .............................13 ARTICLE 12 ORGANIZED MEAL PROGRAM ........................ .............................14 ARTICLE 13 SENIORITY ................................................... .............................15 ARTICLE 14 HOURS AND TIME EXCHANGE ....................... .............................17 ARTICLE 15 PERSONNEL REDUCTION ............................... .............................18 ARTICLE 16 STAFFING .................................................... .............................19 ARTICLE 17 SAFETY AND HEALTH COMMITTEE ................ .............................20 ARTICLE 18 GRIEVANCE PROCEDURES ............................. .............................22 ARTICLE 19 DUES CHECK -OFF ......................................... .............................25 ARTICLE 20 COMPENSATION ........................................... .............................27 ARTICLE 21 OVERTIME ................................................... .............................31 ARTICLE 22 VACATIONS AND HOLIDAYS .......................... .............................33 ARTICLE 23 SICK LEAVE ................................................. .............................35 ARTICLE 24 COURT AND JURY LEAVE .............................. .............................37 ARTICLE 25 UNIFORMS ................................................... .............................38 ARTICLE 26 INSURANCE .................................................. .............................40 ARTICLE 27 TUITION REIMBURSEMENT ............................ .............................41 ARTICLE 28 SUCCESSORS AND ASSIGNS ........................... .............................42 ARTICLE 29 SAVINGS CLAUSE ......................................... .............................43 ARTICLE 30 LONGEVITY ................................................. .............................44 ARTICLE 31 RETIREMENT AND PENSION .......................... .............................45 ARTICLE 32 PHYSICAL FITNESS PROGRAM ....................... .............................46 ARTICLE 33 DRUG & ALCOHOL TESTING ........................ ............................... 47 SIGNATURE PAGE APPENDIX A, APPENDIX B, APPENDIX C, APPENDIX D, APPENDIX E 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 LOCAL NO. 2789, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS AFL /CIO /CLC, hereinafter referred to as UNION, Employees, Members of the Bargaining Unit 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 terms of this Agreement. ARTICLE 2 The Employer recognizes the Union as the exclusive bargaining agent for all employees of the Fire Department, except the Chief, one designated Administrative Assistant, civilian employees, and probationary employees. 2 ARTICLE 3 MUTUAL RESPONSIBILITY TO AVOID DISCRIMINATION Section 1. Nothing in this Agreement shall be interpreted as diminishing the obligation of both parties to undertake affirmative action to insure that applicants or employees are treated without regard to race, color, religion, sex, national origin, status of Union membership, or political affiliations. Specifically, pursuant to Equal Employment Opportunity Commission Guidelines, each party is obligated to take positive action in affording equal employment, training and promotional opportunities to all members, as required by Title VII of the Civil Rights Act of 1964, as amended. Additionally, nothing in this Agreement shall be interpreted as diminishing the obligation of both parties to comply with the provisions of the Fair Labor Standards Act, or any duly adopted Department of Labor Regulations promulgated thereunder. Section 2. In the event that any portion of this Agreement unintentionally conflicts with the Employeros capability to be in compliance with said Acts, the EEOC Guidelines and Department of Labor Regulations will be overriding to that portion of this agreement. both genders. ARTICLE 4 GENDER CLAUSE ±Gender<<€�1 word importing one gender only shall extend and be applied to 13 ARTICLE 5 AUTHORITY AND TERM Section 1. The Employer and the Union have, by these present, reduced to writing the collective bargaining Agreement resulting from negotiations entered into by the Employer and the Union. Section 2. This Agreement shall become effective on the first day of july, 2016 July, 2018 and shall remain in full force and effect until midnight, June 0, 201 June 30, 2019. The Employer ..,1 the Ledge agree that on or before june 30 2017 each swan _ati fy all apticles of this provide for s epAinust :on of this agreement f fiscal r July -4-, o . 2017 to rue an M19 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 shall be the obligation of the Union to serve written notice thereof one hundred twenty (120) days prior to June 23" of each year, the last day on which monies can be appropriated by the Employer to cover the Agreement period which is the subject of the collective bargaining procedure. Section 4. It shall be the obligation of the Employer and the Union to meet at a reasonable time and confer in good faith with representatives of the Union and Employer ten (10) days after receipt of written notice from the Union or Employer requesting a meeting for purposes of collective bargaining. Section 5. In the event the Union and the Employer are unable, within thirty (30) days from and including the date of the first meeting to reach an agreement, any and all unresolved arbitrable issues may be submitted to arbitration at the request of either parry. 5 ARTICLE 6 MANAGEMENT RIGHTS AND RESPONSIBILITIES Section 1. Union recognizes the prerogative of Employer to operate and manage its affairs in all respects and in accordance with its responsibilities, and the powers or authority which the Employer has not officially abridged, delegated, granted or modified by this Agreement are retained by the Employer, and all rights, powers and authority the Employer had prior to the signing of this Agreement are retained by the Employer, and remain exclusively without limitation within the rights of the Employer. Section 2. Except as may be limited herein, the Employer retains the right in accordance with the Constitution, the laws of the State of Oklahoma, and the Charter of the municipality and the responsibilities and duties contained in the laws of the State of Oklahoma and the ordinances and regulations promulgated thereunder: A. To determine Fire Department policy, including the rights to manage the affairs of the Fire Department in all respects, except as stated above; B. To assign working hours, including overtime; C. To direct the members of the Fire Department, including the right to hire, terminate, suspend, discipline, promote or transfer any Firefighter; D. To determine the table of organization of the Fire Department, including the right to organize and reorganize the Fire Department and the determination of job classifications and ranks based upon duties assigned; E. To determine the safety, health and property protection measures for the Fire Department; F. To allocate and assign work to Fire Fighters within the Fire Department; G. To be the sole judge of the qualifications of applicants and training of new employees; H. To schedule the operations and to determine the number and duration of hours of assigned duty per week; I. To establish and enforce Fire Department rules, regulations and orders; 0 ARTICLE 6 MANAGEMENT RIGHTS AND RESPONSIBILITIES (Continued) J. To introduce new, improved or different methods and techniques of operation of the Fire Department or change existing methods and techniques; K. To determine the amount of supervision necessary; L. To control the departmental budget; and M. To take whatever actions may be necessary to carry out the mission of the employer in situations of emergency. ARTICLE 7 PREVAILING RIGHTS Section 1. All rules, regulations, fiscal procedures, working conditions, departmental practices and manner of conducting the operation and administration of the Owasso Fire Department currently in effect for and with respect to the members of the Fire Department on the effective date of this Agreement, which are not included in this Agreement, shall remain in full force and effect, unchanged and unaffected in any manner, unless and except as modified or changed by the specific terms of this Agreement. ARTICLE 8 PROHIBITION OF STRIKES Section 1. During the term of this Agreement, the Union agrees to a prohibition of any job action, i.e. strikes, work slowdowns, mass absenteeism, or being a party to such activities. The Union shall not be in breach of Agreement where the acts and actions enumerated above are not caused or authorized by the Union. Section 2. Upon notification confirmed in writing by the Employer to the Union that certain of its members are engaged in a job action, the Union shall immediately, in writing, order such member to cease the job action and return to work at once and provide the Employer with a copy of such an order. Additionally, a responsible officer of the Union shall publicly order all employees participating in a job action to cease such action. Section 3. Nothing contained in this Article shall be construed to limit, impair, or affect the right of the Union or any other member of the bargaining unit to the expression or communication of a view, grievance or complaint or opinion or any matter related to conditions or compensation of employment or their betterment so long as the same does not interfere with the full, faithful and proper performance of duties of employment. ARTICLE 9 BARGAINING UNIT RIGHTS AND SECURITY Section 1. Bulletin Boards. The Employer shall provide space in all fire stations for Union bulletin boards. Materials posted on bulletin boards shall be limited to Union business, notice of meetings, seminars, workshops, legislative reports, safety bulletins, etc. No materials of a subversive or derogatory nature or political endorsements shall be posted. Section 2. Time Off for Union Business. After written notice to Fire Chief or Designated Administrative Assistant, Union representatives may be granted time off without loss of pay to conduct bona fide Union business, provided however, that time off will not impede the proper operations of the Fire Department and adequate manpower is available, as determined by the Fire Chief or his designated Administrative Assistant. 10 ARTICLE 10 PERSONNEL FILES Section 1. It is agreed that with all materials concerning investigation, complaints, reprimands, counseling sessions for violations of any rules, regulations or policies, that might be considered detrimental to the employeeos position advancement or future with the Department, that are to be placed in the employeeos personnel file, that the Employer shall notify said employee of such action and the employee shall be given the proper opportunity to appeal such action before it becomes a part of his personnel file. Section 2. A Fire Fighter shall be allowed to review his personnel file under supervision at any reasonable time upon written request to the Fire Chief. Section 3. Recognizing that disciplinary actions provide a basis for training and counseling and are not meant to perpetually penalize an employee, the following procedure is hereby established: Procedure A. Employees may request that disciplinary actions be sealed according to the following schedule: 1. Written reprimands and notice of oral reprimands with no recurrence after one (1) year may be sealed. 2. Suspensions three (3) days or less than three (3) days, without recurrence, after two (2) years. 3. Suspension more than three (3) days, without recurrence, after two (2) years. 4. Disciplinary probation after two (2) years from the termination of such probation if no other disciplinary action has occurred during that period. B. Written Requests for sealing of disciplinary actions should be directed to the office of the Fire Chief. C. The Human Resources Department shall be notified in all cases where sealing of disciplinary action is taken, and City Personnel file copies will be sealed or destroyed accordingly. D. The sealed action shall not be held to discriminate against the employee in any subsequent disciplinary action, or in the event of impending promotion, merit step raise, transfer, special requests, modification of duty, vacation selection, application for other employment, or against any other action the employee may take for his personal improvement or betterment. 11 ARTICLE 10 PERSONNEL FILES (Continued) E. Once sealed, the file shall not be opened unless the employee request such unsealing; however, the employee may review investigative reports pertaining to the actions; or at the discretion of the Fire Chief who may deem it necessary to the employeeos 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. F. Upon request, all unfounded, exonerated, not sustained, and no finding complaints will be immediately removed from the employees personnel file. Such complaints shall be sealed and accessed by the City Attorney for pending litigation or for review of similar complaints which may occur within one (1) year of the original complaint. Such unfounded, exonerated, not sustained, and no finding complaints will be destroyed after five (5) years from date of occurrence. Section 4. All letters of appreciation and/or commendation received by the department regarding an employee(s) will be given to the appropriate employee(s) within five (5) business days. 12 ARTICLE 11 REGULAR AND SPECIAL MEETINGS Section 1. The Union will be permitted to hold regular and special meetings on the Employeros premises with the understanding that permission, time and location of such meetings must be approved by the Fire Chief or his designated Administrative Assistant prior to said meetings. Section 2. It is understood that the Union and the Employer will cooperate in this Agreement and excessive requests will not be made by the Union. Permission to hold meetings shall not be unreasonably denied by the Employer so long as meetings do not impede or interfere with the normal operations of the Fire Department. 13 ARTICLE 12 ORGANIZED MEAL PROGRAM Section 1. Union members will be required to participate in an organized meal program while on duty. However, if any employee is on a special diet, he /she will not be required to participate for the time period he /she is on a special diet. The amount to be contributed for meals will be determined by and contributed by the members of each duty station on each shift. However, the amount shall not be less than Five Dollars ($5.00) per shift per member. This article is not subject to the grievance procedures of this Agreement. Further it is agreed that this section of the Agreement will be enforced solely by the bargaining unit. 14 ARTICLE 13 Section 1. Seniority shall mean the status attained by length of continuous service in the Fire Department. Section 2. Where two or more employees have the same employment date, seniority shall be determined by a hiring list established subsequent to the completion of the hiring process. When two or more employees will be given the same start date, the Union shall be provided a copy of the established hiring list prior to the start date. Section 3. Seniority will be a factor to be considered by the Fire Department in determining the priority of each member to: A. Time when compensatory, vacation and holiday time off is granted; B. Shift assignment; and C. Anytime overtime is required, whether scheduled or non - scheduled, the first choice of replacement shall go to another employee meeting the following criteria: 1. has the same duty qualifications; 2. among those with the same duty qualifications, has the most seniority; and 3. provides compliance with minimum manning criteria of the department. Section 4. Seniority shall be lost upon the occurrence of any of the following: A. Discharge, if not reversed; B. Resignation; C. Un- excused failure to return to work upon the expiration of a formal leave of absence provided no reasonable excuse is found; and D. Retirement. Section 5. Promotion shall be subject to evaluation and examination of job performance and ability. Seniority will be considered, but will not be the determining factor. Any bargaining unit member serving in an acting capacity for six (6) or more consecutive months may be promoted to the vacant position without being subject to a testing procedure, as long as that employee meets the minimum qualifications for the position. Should a member of the bargaining unit serve in an acting capacity for six (6) or more consecutive months and not meet the minimum qualifications, due to budgetary constraints and /or training availability only, such member may be promoted to the vacant position without being subject to a testing procedure; provided, the member of the bargaining unit satisfies the minimum requirements for the position within twelve calendar months from the date of appointment Otherwise the member shall be demoted to the previous position occupied by the member. 15 ARTICLE 13 SENIORITY (Continued) Section 6. Employees demoted as a result of administrative decisions and not based on discipline, shall be given first consideration should the position reopen and such position offered, providing however, no unusual discipline problems have occurred between the demotion and subsequent position opening. 1041 ARTICLE 14 HOURS AND TIME EXCHANGE Section 1. There is hereby established a series of fourteen -day work periods. Shift schedule shall be on duty twenty -four (24) hours and off duty forty -eight (48) hours. Section 2. Time of shift change will be 0800 hours. Shift Commander shift change will be at 0700 hours. Section 3. Employees may have the privilege to exchange duty time, subsequent to approval by the Battalion Chief or Acting Shift Commander. The replacement employee must be of at least equal duty qualification of the employee being excused from duty. 17 ARTICLE 15 PERSONNEL REDUCTION Section 1. In the case of personnel reduction, the Employee with the least seniority shall be laid off first. In determining seniority for the purpose of personnel reduction, only time as a full -time paid Employee in the Owasso Fire Department shall be counted. Section 2. No new employee shall be hired until all employees laid -off during the past 24 -month period have been notified of any position vacancy within the Fire Department. Such notification will take place via registered mail Return Receipt Requested. Correspondence shall be sent to the last known address of the employee who requires notification. It will then be the duty of the employee to notify Human Resources of his intention to pursue the available position. Such response shall be received within 30 days of receipt of registered mail notification. The employeeos failure to respond within the 30 -day period shall be considered an acknowledgment that the employee does not intend to reinstate his employment with the Owasso Fire Department. it.] ARTICLE 16 STAFFING Section 1. The purpose of this Article is to provide a consistent practice of staffing the fire stations and fire apparatus each shift day, during both emergent and non - emergent operations, providing the necessary staffing measures to ensure safety. A. Each fire station will be staffed with no less than three (3) personnel each day. B. The Battalion Chief or Acting Shift Commander shall not count towards the staffing minimum of three (3) per station. C. The Battalion Chief or Acting Shift Commander shall not be dedicated to any suppression apparatus or medic. D. Staffing of each station shall consist of, but not be limited to a Captain or Acting Company Officer, Driver or Acting Driver, and a Firefighter. E. Staffing on each fire apparatus will be no less than two (2) personnel. This shall pertain to all fire engines, ambulances, ladder trucks, tankers, wildland vehicles, and Disaster Response Unit (DRU). F. The only exception to Section 1 -E of this Article is routine travel to the City Garage, or returning to a fire station following an emergency incident response, or station to station travel. All apparatus with one employee are considered out of service for an emergency response. G. Staffing on snowplow will be no less than two (2) personnel when responding as an emergency response vehicle; including when responding in support of another emergency response vehicle during emergency operations. The two (2) personnel minimum shall not apply when the snowplow is being used during non - emergency operations, including (but not limited to) the moving /removing of snow from facilities and roadways, and routine travel to the City Garage, returning to a fire station following an emergency incident response, or station to station travel. H. This Article does not pertain to administrative or command vehicles. Section 2. The Union shall be notified of any opening of a job position within the Owasso Fire Department, and when and where advertisement of said position is being advertised, according to Equal Employment Opportunity (EEOC) regulations. 19 ARTICLE 17 SAFETY AND HEALTH COMMITTEE Section 1. The Employer and the Union agree to cooperate to the fullest extent in the promotion of safety and health, on the Employer's premises and while carrying out the 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 and one (1) chairperson appointed by the Union. Section 2. The Safety and Health Committee will have the authority to conduct on- site inspections of equipment, buildings, and other related areas to the occupational environment of the Bargaining Unit. 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 employeeswright to a safe employment environment. Members of the Committee may be excused from duty for the work of the Committee, subject to the prior approval of the Fire Chief. Section 3. The Union and the Employer agree to make every effort to correct safety hazards or unsafe working conditions identified by the Safety Committee. It is understood that recommendations of the Committee are not subject to the Grievance Procedure for the Agreement. Section 4. The Safety and Health Committee recommendations to correct safety hazards and /or unsafe working conditions shall be discussed by the Chairperson of the Committee, with the Chief or his designated representative. The answer shall be orally submitted by the Chief or his designated Administrative Assistant within five (5) business days to the Committee. A. If the hazard or condition is not corrected by the provision of Section 4, it shall be submitted in writing to the Chief or his designated Administrative Assistant. B. The Fire Chief shall submit his answer in writing to the Safety and Health Committee within five (5) business days. If the hazard or condition has not been corrected within that time, it then shall be sent to the City Manager for adjustment. C. The City Manager shall submit his answer in writing to the Fire Chief and the Committee in five (5) business days. 20 SAFETY AND HEALTH COMMITTEE (Continued) Section 5. All "First Notice of Injury" and accident reports will be forwarded by the worker's compensation coordinator to the Union Secretary within 72 hours of the incident. 21 ARTICLE 18 GRIEVANCE PROCEDURES Section 1. The Union or any employee covered under this Agreement may file a grievance within ten (10) business days of the alleged occurrence, as hereinafter defined, and shall be afforded the full protection of this Agreement. Section 2. Union President, Vice - President, and Union Grievance Committee, as used hereinafter, shall be understood to mean those persons whose names have been previously identified, in writing, to the Fire Chief or his designated Administrative Assistant. It is understood and agreed that the names of such person or persons shall be submitted to the Fire Chief, or his designated Administrative Assistant, within fifteen (15) working days after such person or persons are elected and /or appointed. Section 3. Any controversy between the Employer and the Union or any employee concerning the interpretation, enforcement or application of any provision of this Agreement, concerning any of the terms or conditions of employment contained in this Agreement, shall be adjusted in the following manner: A. The grievance shall be discussed by the employee with the Chief or his designated Administrative Assistant. Said employee and one of the following; Union President, Vice - President or Grievance Committee Chairman, shall be present at said discussion. The answer shall be submitted in writing by the Chief or his designated Administrative Assistant, within five (5) business days to the employee(s) involved and to the Union President. B. If the grievance is not settled by the provision of Section 3A, it shall be submitted in writing to the Union Grievance Committee. Within ten (10) business days from the written answer rendered by the Chief, or his designated Administrative Assistant, the Union Grievance Committee shall determine, in their sole discretion and judgement, whether or not a grievance exists within the terms and conditions of this Agreement. 1. If the Union Grievance Committee finds a grievance does exist, the Committee shall submit, in writing, the grievance to the Fire Chief for adjustment, within ten (10) business days of the Chief's written answer. If the Union Grievance Committee finds a grievance does not exist, no further proceedings shall be necessary. 22 ARTICLE 18 GRIEVANCE PROCEDURES (Continued) C. The Fire Chief shall submit his answer in writing to the employee involved and to the Union Grievance Committee within ten (10) business days. If the grievance has not been settled within that time, it then shall, within ten (10) business days, be sent to the City Manager for adjustment. D. The City Manager shall submit his answer in writing to the Fire Chief, the employee involved, and the Union Grievance Committee within ten (10) business days. If the City Manager and the Union Grievance Committee have not settled the grievance within that time, it may be submitted to arbitration. Grievances submitted to arbitration for adjustment shall proceed as follows: Within twenty (20) business days of the City Manageros answer, the parties shall jointly request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Within ten (10) business days from the receipt of such panel, a representative of the Union and the City shall meet and alternately strike names until one (1) arbitrator remains who shall be selected as the impartial arbitrator. The party requesting arbitration shall strike the first name. 3. Upon notification to the Federal Mediation and Conciliation Service of the selection of the arbitrator, and the arbitrator is contacted, the date for the Arbitration Hearing shall be set within ten (10) business days from the date the arbitrator is notified of his selection. 4. Within twenty (20) business days after the conclusion of the hearing, the arbitrator shall issue a written opinion containing findings and recommenda- tions with respect to the issues presented. A copy of the opinion shall be mailed or delivered to the Union and the Employer. 5. With respect to the interpretation, enforcement or application of the provisions of this Agreement, the decision, findings and recommendations of the arbitrator shall be final and binding on the parties to this Agreement. 23 ARTICLE 18 GRIEVANCE PROCEDURES (Continued) 6. The arbitrator authority shall be limited to the interpretation and application of the terms of this Agreement and /or any supplement thereof. The arbitrator shall have no jurisdiction to establish provisions of a new agreement or variation of a new agreement or variation of the present Agreement or to arbitrate away, in whole or in part, any provisions or amendments thereof. This shall not preclude individual wage grievances. 7. The cost of the impartial arbitrator shall be shared equally between the Union and the Employer. If a transcript of the proceedings is requested, then the party so requesting shall pay for it. Section 4. All time limits set forth in this Article may be extended by mutual consent, but if not so extended, they must be strictly observed. If a party fails to pursue any grievance within the time limits provided, he shall have no further right to continue the grievance. Section 5. It is specifically and expressly understood that filing a grievance under this Article which has as its last step final and binding arbitration, constitutes an election of remedies and a waiver of any and all rights by both parties, the Union or other representatives of the parry, to litigate or otherwise contest the last answer rendered through the Grievance Procedure, in any court of other appeal forum. Oz,I ARTICLE 19 DUES CHECK -OFF Section 1. The Employer agrees to deduct regular semi - monthly Union dues, Station Fund dues and regular semi - monthly FIREPAC contributions from earned wages of those employees who are in the bargaining unit. The deductions shall be made from each semi - monthly paycheck in an amount certified to be correct by the Secretary- Treasurer of the Local Union. All members of the Bargaining Unit desiring payroll deduction of Union dues and /or FIREPAC contributions shall individually sign an authorization card provided by the Union and approved by the Employer, authorizing the stated semi - monthly dues deduction and /or FIREPAC contributions to be made. Except for employees hired within the contract year, authorizations for FIREPAC contributions and Station Fund dues must be provided to the Employer within thirty days of the effective date of the contract to be effective for the contract year. Payroll deductions shall be revocable by the employee notifying the Employer in writing. The Union shall be notified of any revocation. Section 2. The Employer will deduct only Union dues, FIREPAC contributions and Station Fund dues from the employee's paycheck and will not deduct initiation fees, special assessments, fines or any other deductions. In the event of an increase or decrease in Union dues, the Union will give the Employer thirty (30) days notice in order to allow the Employer to make the proper changes in its accounting records. No deductions will be made when the salary to be paid an employee is not sufficient to cover the amount deducted. Section 3. On the same day as payroll is issued, a deposit for the total deductions shall be made into the financial institutions selected by the Union. It shall be the responsibility of the Union to provide the Employer with deposit slips. The deposit receipt shall be sent to the Union Secretary along with a detailed report showing individual employee's name and deduction amount at the time of deposit. Section 4. All deductions will be for the month in which they are taken. All deductions refundable at the time of termination or resignation will be refunded by the Union. The Employer shall not be responsible for errors. In the case of any error or improper deduction being made by the Employer, a proper adjustment of the same shall be made by the Union with the employee affected. P-.7 ARTICLE 19 DUES CHECK -OFF (Continued) Section 5. The Union 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 Union dues or deposit of Union dues. Section 6. This service will be provided at no expense to the Union or its members. 26 ARTICLE 20 COMPENSATION Section 1. For the purpose of this Labor Agreement, each employee of the bargaining unit shall receive compensation based on the range and step plan located in Appendix AI�Pay Plan A< on July 1, 2836 2019 according to the employeeos range and step as of June 30, 2816 2019 (with adjustments in steps on anniversary dates.) oempensation based on Appendix A, Ebllay Plan Bgzbased an eaeh employees range and step-as of T... nary 1 2017 Effective T 1 1 2017 ..h employee of the bargaining unit shall r �..r: o.. based on Appendix A, . Plan C< =based on aeh employees range and stop as of T....o nn 2017 (with a djust...o..t..: steps on anniversary dates lrf- ..tiye In Ri,..r., 1 2014 each empleye of the bargaining shall based an Appendix A 1hVay Man D!T=based on ....h employees Fange and step as of January 1 e 201 4 A firefighteros active EMT license shall determine the firefighteros pay range. A firefighter without an active EMT license shall be paid as a Firefighter /Basic in Step 1. An inactive EMT license for a member of the bargaining unit with a rank of Driver, Captain or Chief shall result in being reduced to Step 1 of the memberos current range. In the case of extenuating circumstances, outside the memberos control, that result in a delay in EMT license renewal, the Chief may authorize a memberos continued pay at their current range and step for up to six months, until licensing issues are resolved. The rates contained in the Appendix A range and step plan does not include compensation which may be added to the base rate as provided in Article 20, Section 5; Article 20, Section 6; and Article 31. Section 2. Employees working an eighty (80) hour pay period shall have their pay calculated by the following formula: base (rate from range and step plan PLUS added pay as provided in Article 20, Section 5; Article 20, Section 6; and Article 31) multiplied by 3054,then divided by 2080. 27 ARTICLE 20 COMPENSATION (Continued) Section 3. New employees shall be compensated at the Entry Level /Probationary rate in Appendix A according to the employeeos level of EMT certification, except when the new employee is currently employed with another municipal Fire Department and possesses an International Fire Service Accreditation Congress Firefighter I certificate and has previous Advanced Life Support experience. A Firefighter /Medic meeting this criteria may be eligible for lateral entry. The Fire Chief shall conduct a review of the individualcs qualifications and experience and determine the appropriate entry-level rate within the range corresponding with the employeeos level of EMT certification. New hires shall not be brought in higher than Step 5. New hire placement at a step other than entry level will not affect seniority or seniority based considerations. Upon successful completion of the twelve -month probation period, the employee shall advance to the next step in the Step Plan in Appendix A. Section 4. Upon promotion employees shall receive a promotional increase to the corresponding range and step that represents at least an increase of 5 % for each increase in rank, unless such step is not available. In cases of an employee obtaining a Paramedic license, the employee will advance to the same pay step in the Paramedic range of the Pay Plan, according to Appendix A. Any employee already placed in the Driver /Paramedic range at the time of obtaining Paramedic licensing will advance one step, unless a higher step is not available. Such step increase shall be effective upon providing documentation of successfully obtaining Paramedic licensure. Section 5. In addition to their base compensation, Employees who are awarded a degree from an accredited college or university are eligible for Education Incentive pay. Employees holding multiple degrees shall receive the compensation identified for the highest single degree for which the employee qualifies. Education Incentive pay is added to, and included in the employeeos base rate of pay. A transcript must accompany each request for initial payment and each request for increasing that payment. PR: Degree in field of Fire Protection Degree not in the field of Fire Technology, Nursing or EMS Protection Technology, Nursing, or EMS Associates Degree thirty -nine cents per hour ($0.39) twenty cents per hour ($0.20) Bacheloros Degree fifty -nine cents per hour ($0.59) thirty-nine cents per hour ($0.39) Masteros Degree sixty -nine cents per hour ($0.69) forty-nine cents per hour ($0.49) A transcript must accompany each request for initial payment and each request for increasing that payment. PR: ARTICLE 20 COMPENSATION (Continued) Section 6. Employees of the bargaining unit who obtain and maintain Emergency Medical Technician Certification as prescribed by Oklahoma State Statutes shall receive the following hourly rates added to and included in the Employeeos base rate of pay. Employees of the bargaining unit assigned the additional duty of Fleet Manager, shall have the herein designated compensation added to and included in their base rate of pay. Assigned additional duties may require assessment center testing to determine qualifications prior to the actual assignment by the Fire Chief. ±Fleet Manager¥ Eighty -three cents per hour ($0.83/hr) Bargaining unit members, at or above the rank/grade of Captain, who obtain IFSAC, Proboard or other Instructor II certification, shall receive thirty -nine cents ($0.39) added to and included in such members base hourly rate. In order to be eligible for the thirty-nine cents ($0.39) certification programs must be approved in advance by the Fire Chief. Bargaining unit members who obtain and maintain Hazardous Materials Technician certification, shall receive twenty -nine cents ($0.29) added to and included in such members base rate of pay. In order to be eligible for the twenty -nine cents ($0.29) the certification program must be approved in advance by the Fire Chief. E ff ...:,.o an^^n. ' 2018 Bargaining unit members who obtain and maintain Car Seat Installation certification, shall receive fifteen cents ($0.15) added to and included in such members base rate of pay. In order to be eligible for the fifteen cents ($0.15) the certification program must be approved in advance by the Fire Chief. Section 7. In addition to the employee's regular rate of pay, an employee engaged in fire protection activities shall receive an overtime premium of one and one -half (1 1/2) of his regular hourly rate or, at employee's election subject to the limitations hereinafter set forth, one and one -half (1 1/2) hour of compensatory time for each compensable hour of work in excess of one hundred six (106) hours in the stated fourteen (14) day work period. Section 8. Accumulation of compensatory time shall be limited in accordance with 29 Chiefs /Fire Marshal/ Firefighter /Driver Captain EMS Manager EMT -Basic fifty -three cents per thirty -nine cents per twenty cents per hour Certification hour ($0.53) hour ($0.39) ($0.20) Intermediate forty -three cents per thirty -nine cents per twenty cents per hour Certification hour ($0.43) hour ($0.39) ($0.20) Paramedic seventy five cents per seventy five cents per seventy five cents per Certification hour ($0.75) hour ($0.75) hour ($0.75) Employees of the bargaining unit assigned the additional duty of Fleet Manager, shall have the herein designated compensation added to and included in their base rate of pay. Assigned additional duties may require assessment center testing to determine qualifications prior to the actual assignment by the Fire Chief. ±Fleet Manager¥ Eighty -three cents per hour ($0.83/hr) Bargaining unit members, at or above the rank/grade of Captain, who obtain IFSAC, Proboard or other Instructor II certification, shall receive thirty -nine cents ($0.39) added to and included in such members base hourly rate. In order to be eligible for the thirty-nine cents ($0.39) certification programs must be approved in advance by the Fire Chief. Bargaining unit members who obtain and maintain Hazardous Materials Technician certification, shall receive twenty -nine cents ($0.29) added to and included in such members base rate of pay. In order to be eligible for the twenty -nine cents ($0.29) the certification program must be approved in advance by the Fire Chief. E ff ...:,.o an^^n. ' 2018 Bargaining unit members who obtain and maintain Car Seat Installation certification, shall receive fifteen cents ($0.15) added to and included in such members base rate of pay. In order to be eligible for the fifteen cents ($0.15) the certification program must be approved in advance by the Fire Chief. Section 7. In addition to the employee's regular rate of pay, an employee engaged in fire protection activities shall receive an overtime premium of one and one -half (1 1/2) of his regular hourly rate or, at employee's election subject to the limitations hereinafter set forth, one and one -half (1 1/2) hour of compensatory time for each compensable hour of work in excess of one hundred six (106) hours in the stated fourteen (14) day work period. Section 8. Accumulation of compensatory time shall be limited in accordance with 29 the Personnel Policy and Procedure Manual of the City of Owasso, Oklahoma. As pertains to compensatory time, it is agreed that the employee shall have the right to select when to take such compensatory time off, provided, the taking of such time off will not adversely impact upon departmental operations, as determined by the Fire Chief or his designated Administrative Assistant. Section 9. The term "compensable hours of work" shall be defined as set forth in Section 553.14 of the Department of Labor Regulations covering employees of public agencies. It is specifically understood that any leave taken by the employee during the aforestated fourteen (14) day work period shall, whether compensated or not, reduce said employee's hourly accumulation for purposes of determining overtime in accordance with the Fair Labor Standards Act. Provided however, for computation of employee work hours all compensable leave except sick leave shall be considered as hours actually worked. tit ARTICLE 21 Section 1. As a condition of employment, employees may be required to work overtime because of increased workload, sickness, and absences of other employees or emergencies. All leave except sick leave shall be considered as actual hours worked for the purpose of overtime compensation. For purpose of computation of overtime compensation, the employee's regular rate of pay shall be deemed to be that as defined by the Department of Labor Fair Labor Standards Act. Section 2. Unscheduled Overtimeµ When an employee is not given at least forty - eight (48) hours of notification a minimum of three (3) hours at one and one -half (1 1/2) times the regular rate shall be paid to any member of the bargaining unit who is called back after his normal tour of duty. Section 3. Scheduled Overtimeµ When an employee is given at least forty -eight (48) hours of notification the employee shall be paid overtime pay for actual hours worked at one and one half (1 I /2) times the regular rate of pay. Time worked thirty (30) minutes prior to or thirty (30) minutes following a scheduled shift would be considered scheduled overtime. Section 4. Emergency Overtimeµ Overtime needed to combat a catastrophic emergency situation, such defined herein as being any unexpected disastrous occurrence requiring response by the Owasso Fire Department in excess of the manpower existing on the normal duty shift to protect lives and property. This overtime will be approved on a first come basis by order of arrival and will not be susceptible to seniority, but will be deemed as unscheduled overtime. Section 5. Specialty Overtimeµ Overtime needed that may require specialized team training or by division may be awarded by the Fire Chief or his /her designee. Section 6. Administrative Overtimeµ Overtime needed to develop, initiate, and complete non - emergency departmental projects and committees. All bargaining unit members will be notified via e -mail and page of administrative project opportunities. Interested individuals must respond to the Fire Chief or his /her designee within the designated time period. Project /committee participation is determined solely by the Chief from those who responded. (Examples of Administrative Overtime include but are not limited to: Uniform Committee, Apparatus Committee, EMS Advisory Committee, and Honor Guard). Section 7. Employees who are on approved holiday, vacation or personal leave shall not be eligible for mandatory overtime, unless said employee is available. 31 ARTICLE 21 OVERTIME (Continued) Section 8. Any employee required by the Employer to attend any school, workshop, or seminar, shall be paid at his hourly current rate of pay for any hours of days that he would normally be off duty. Pay for normal off duty time will include travel time, attendance time in the course of the instruction, and return home. Overtime will be paid when overtime requirements have been met. 32 ARTICLE 22 VACATIONS AND HOLIDAYS Section 1. New employees shall accrue 12 hours per month as holiday compensation. After completing one year of employment with the department, new employees shall be granted 120 hours of vacation leave. At that time the employee will begin accruing leave monthly according to the following schedule: Years of Holiday Vacation Method of Maximum Employment Yearly Yearly Accumulation Limit* Total Total 0 -1 yr 144 0 12hrs /mo 264 hrs. 1 -4 yrs 144 120 22 hrs /mo 384 hrs. 5 -9 yrs 144 144 24 hrs /mo 408 hrs. 10 -14 yrs 144 192 28 hrs /mo 456 hrs. 15 -19 yrs 144 216 30 hrs /mo 480 hrs. 20- 24 yrs 144 240 32 hrs /mo 504 hrs. 25+ yrs 144 264 34 hrs /mo 528 hrs. Section 2. All vacations and holidays must be taken in not less than one (1) hour increments. If a vacation request is denied for an employee who is at his vacation accrual maximum, the excess accumulation will be allowed for a defined period as determined on a case by case basis. Section 3. Employees in the bargaining unit who work an eighty (80) hour pay period shall accrue vacation and holidays in accordance with the schedule found in the Personnel Manual. After twenty -five (25) years of employment, such employees shall accrue 15.34 vacation hours per month for an annual accrual of 184.08 hours. The maximum accrual for employees covered by this section is 224.08 hours. Employees over the Personnel Manualos maximum vacation accrual at the time of transfer will be allowed to carry forward their current accrued vacation for future use. Employees in the bargaining unit who work an eighty (80) hour pay period must take vacation and holidays in not less than (1/2) hour increments. Section 4. Employees in the bargaining unit who work an eighty (80) hour pay period, shall be eligible for holiday pay at 1 t/2 times the members regular hourly rate when required to work a scheduled holiday. Such members shall also receive an alternate day off. 33 ARTICLE 22 VACATIONS AND HOLIDAYS (Continued) Section 5. Employees in the bargaining unit may donate vacation leave to another employee in the bargaining unit by notifying Human Resources in writing, to include the recipient of the donation and the number of hours. M ARTICLE 23 SICK LEAVE Section 1. Employees within the bargaining unit shall earn sick leave in the amount of 216 hours annually. The method of accrual shall be in increments of 18 hours per month. No employee of the bargaining unit shall accumulate in excess of 1440 hours of sick leave time. Section 2. Sick leave must be taken in a minimum of six (6) hour increments, the only exception shall be if less than three (3) hours of a shift is remaining. Employees will have the option to utilize up to an additional seven (7) hours of sick leave during any one hundred twenty (120) hour pay period when scheduled overtime pay would be lost due to sick leave used. Employees in the bargaining unit who work an eighty (80) hour pay period must take sick in not less than one (1) hour increments. Section 3. Fifteen percent (15 %) of accrued sick leave shall be paid to an employee upon service retirement or disability retirement. An employee may instead convert fifteen percent (15 %) of their accrued sick leave to terminal leave. In order to be eligible for this benefit the employee must provide the City sufficient notice of pending retirement and election option. Said notice to be not less than ninety (90) days prior to expected date of retirement. Such pay will be calculated at the employee's rate of pay at the time of disbursement. Upon death, fifty- percent (50 %) shall be paid to the beneficiary of the City provided group life insurance, unless designated otherwise in writing. In the event that an employee is killed in the line of duty, one - hundred percent of the employeeos sick leave balance shall be paid to the beneficiary of the City provided group life insurance, unless designated otherwise in writing. Section 4. Fire Department shift employees will be granted two shifts off for funeral leave per occurrence. Employees on a forty (40) hour work week will be granted up to twenty -four (24) hours off for funeral leave per occurrence. Such leave shall be allowed for an employee to attend the funeral of an immediate family member, defined as: spouse, children (including stepchildren), parents (including stepparents), grandparents, grandchild, brother or sister (including step brother or step sister). Funeral leave may also be used by an employee to attend the funeral of his /her spouse's immediate family members as defined above. Such leave must be approved by the Fire Chief and is not charged against any leave accumulation. Funeral leave can be taken in half hour increments. An employee may request to use vacation or sick leave to attend other funerals. 35 ARTICLE 23 SICK LEAVE (Continued) Section 5. After an Employee has accrued 1440 hours of sick leave, he /she shall be eligible to participate in the following sick leave incentive program. If during the fiscal year an employee covered by this agreement uses: 0 shifts of sick leave - such employee shall receive 35 % of that employeeos monthly base pay. 1 shift of sick leave - such employee shall receive 27 % of that employeeos monthly base pay. 2 shifts of sick leave - such employee shall receive 20% of that employeeos monthly base pay. 3 shifts of sick leave - such employee shall receive 14% of that employeeos monthly base pay. Any Employee covered by this agreement who uses more than three (3) shifts of sick leave during the fiscal year shall not be eligible for this incentive program. Payment for those employees eligible will occur as a lump sum in the first pay period following June 30th of each year. Section 7. Employees in the bargaining unit who work an eighty (80) hour pay period shall be eligible to participate in the sick incentive program outlined in Section 6, as stated above, after accruing 1000 hours of sick leave. One shift shall be equivalent to eight hours for employees covered by this Section 7. Section 8. Employees within the bargaining unit shall be eligible for incentive pay through only one sick leave incentive plan. Should a member elect and enroll in the Sick Leave Grant /Incentive Plan offered to all employees of the City such member waives his /her right to the Sick Incentive pay herein described in, Section 6 and 7. A member may elect to participate exclusively in the Sick Leave Grant segment of the plan available to all employees and still be eligible for the Sick Leave Incentive herein described in Section 6 and 7. Section 9. Employees in the bargaining unit who work an eighty (80) hour pay period shall accrue sick leave in accordance with the schedule found in the Personnel Manual. 36 0210 lIMI COURT AND JURY LEAVE Section 1. Employees who are required to serve as court witnesses or jurors shall be granted time off, subject to the following rules: A. An employee subpoenaed to testify in a court action not arising out of the performance of his duty, involving the federal, state, or municipal government, shall not receive his regular salary, but may use annual leave or be granted a leave of absence without pay for the length of such service. B. An employee serving such duty shall present to his supervisor the original summons or subpoena from the court and, at the conclusion of the duty, a signed statement from the clerk of the court showing the actual dates of attendance at court. C. An employee serving on jury duty or subpoenaed to testify in a court action arising out of the performance of his duty, involving the federal, state, or municipal government, shall be paid his normal rate of pay for that period or the amount paid by the court, which ever is greater. For the purpose of this article, the normal rate of pay shall include ±scheduled overtime <=pay. 37 ARTICLE 25 Section 1. The Employer shall purchase and replace Employer designated uniforms when, in the opinion of the Fire Chief, such uniforms have fallen below the acceptable level of appearance. Section 2. It is understood that the Employer will provide to each newly hired Employee the following: one (1) short sleeve Class B shirt; one (1) long sleeve Class B shirt; four (4) pair Class C uniform pants; six (6) short sleeve Class C shirts; two (2) long sleeve Class C shirts; two (2) pair Class D shorts; two (2) pair Class D sweatpants; one (1) sweatshirt; one (1) winter coat; one (1) tie; one (1) belt; one (1) pair work boots or shoes; one (1) pullover jacket; one (1) stocking cap; one (1) ball cap. Section 3. All safety equipment, such as helmets, bunk out coats, pants, boots, safety gloves, Nomex coverall and Nomex hood will be furnished by the Employer, in accordance with the rotation plan developed by the Safety and Health Committee, submitted to the Chief by July 1 and approved by the Chief. Section 4. Employer shall repair or replace or reimburse employee at Employer's expense, the current market value, the employee's personal property, clothing and /or equipment which a fire fighter or medic might be reasonably expected to have on duty or use while performing his duties, which is lost, destroyed or damaged beyond the capability of maintaining a professional appearance or usefulness for his duties. Either the repair, replacement or reimbursement of such items will be at the Employer's discretion. Any damaged property replaced by the Employer shall become the property of the Employer. Further, the Employer, as well as the employee, will cooperate in any investigation regarding said loss or destruction. All requests relating to the repair, replacement or reimbursement of personal property shall be made to the Fire Chief; such requests shall be reviewed by a Peer Board Committee. The Peer Board Committee shall be comprised of the entire membership of the Safety and Health Committee appointed for a term equal to that of their service on the Safety and Health Committee. No action can be taken until such committee shall first consider the request and then recommend action to the Fire Chief. The maximum expense the Employer shall have by virtue of this Article shall be limited to One Thousand Dollars ($1000.00) per bargaining unit member per year. No personal property items will be replaced that are lost, destroyed or damaged while performing routine functions, at the fire station. Section 5. All fire fighters will receive protective clothing, as per standard operating procedure of the department. M ARTICLE 25 UNIFORMS (Continued) Section 6. Each contract year the City shall provide each member four hundred fifty dollars ($450.00) worth of approved department duty clothing. Members with less than one (1) year of employment as of July 1" shall receive forty dollars ($40.00) worth of approved department duty clothing for each month of employment, not to exceed four hundred fifty dollars ($450.00). The Fire Chief prior to the budget year shall designate the type of clothing eligible under this Article. Any items purchased in excess of the allocated amount will be the responsibility of the member. The Fire Chief will submit a purchasing list to each member, award appropriate contracts to vendors, and place necessary orders. Members must finalize orders within 60 days of the start of each fiscal year. The City will make every effort to place orders within 90 days of the start of each fiscal year. Any funds remaining following the initial order at the beginning of the fiscal year, may be carried over to a second ordering period, which will occur between January 1" and January 31". There will at no time be any money given to the member by the vendor for any reason pertaining to the clothing purchased with the allocated account. The following items are approved for purchase from the uniform fund: Nomex or 100% cotton shirts (long and short sleeve), uniform pants, light weight jacket, winter coat, duty shoes /boots, uniform belts, sweatpants, sweatshirt, workout shorts, t -shirts (long and short sleeve), ball caps, and collar brass and nameplate. Additional items may be added to this list by the Fire Chief. The uniform fund may also be used for alterations of approved uniforms, as arranged by the Fire Chief, Section 7. Members of the bargaining unit shall maintain their uniforms in a safe, neat, and presentable condition. Members shall always maintain an extra proper uniform ready for immediate usage at the station, in case the need arises. Section 8. Members of the bargaining unit shall be responsible for replacing their own articles of clothing and uniform with the exception of those items described hereinabove in Section 5 of this Article. 39 ARTICLE 26 INSURANCE Section 1. The Employer shall provide to all members of the bargaining unit Health, Vision and Dental Insurance that includes a basic benefit package selected by the City. The Employer shall be responsible for One Hundred Percent (100 %) of the cost of such coverage along with an annual biometrics screening. Should a member of the bargaining unit elect not to participate in the annual biometrics screening coordinated by the Employer, such Employee shall be charged $25 per month for Medical Insurance. Section 2. The Employer will provide a basic life insurance policy as a supplement to the above - mentioned Health Insurance, of which One Hundred Percent (100 %) of the cost of such life insurance shall be paid by the Employer. Section 3. The Employer shall pay that amount contributed on behalf of all other non - managerial City employees as a matter of City policy, as a subsidy for each employee's dependent health care coverage. Should the cost of such dependent health coverage increase, the Employer shall bear such increase in cost. However, should a member elect to not participate in the annual biometrics screening coordinated by the Employer, such Employeeoe premiums shall increase by $25 per month. The Employer shall also pay a subsidy for each employee's dependent vision and dental insurance in an amount equal to that provided for all other employees if the employee elects to cover such dependents under the City sponsored policy and plan. Section 4. The employer shall provide for retiree participation in the employer group health insurance program pursuant to the terms and conditions of 11 O.S.:23 -108. .1 ARTICLE 27 TUITION REIMBURSEMENT Section 1. The employer shall reimburse tuition, under the limitations hereinafter set forth in this Article, for required courses leading to a Bachelors Degree in Fire Science, or approved related field. The course(s) on which reimbursement will be requested must be approved by the Department Director prior to enrollment (Personnel Form number 10). The tuition herein provided shall be the actual tuition designated for the institution attended, but shall not exceed the per hour Enrollment Fee amount for Comprehensive Universities as designated in the "Student Fees" book Approved at Institutions in the Oklahoma System of Higher Education established by the Oklahoma State Regents for Higher Education. A copy of the "Student Fees" book may be reviewed in the City Finance Office, prior to seeking reimbursement. In addition to the tuition reimbursed, the City agrees to pay toward fees, three dollars ($3.00) per credit hour completed in accordance with the reimbursement criteria. Employees must maintain at least 2.0 on a 4.0 scale or a minimum of a "C" grade on a letter grade scale in each course. Failure to maintain a "C" grade in a course will result in non - payment of tuition for those hours. Upon verification of satisfactory completion of the course, reimbursement for tuition shall be made to the employee. Section 2. If an employee voluntarily or involuntarily separates from employment within three years of the last tuition reimbursement, and /or within three years of the last payment made by the Employer for Paramedic classes for that employee, the employee will be required to repay 100% of the tuition reimbursement and /or cost incurred for Paramedic classes during that three year period. Prior to receiving tuition reimbursement and /or enrollment in Paramedic classes to be paid by the Employer, the employee must complete an fEducation/Training Repayment Agreement. <=Attached Appendix D. 41 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the successors and assigns of the parties hereto during the term of this contract; and, no provisions, terms or obligations herein contained shall be affected, modified, altered or changed in any respect whatsoever, by the consolidation, merger or annexation, transfer or assignment, of either party hereto, or affected, modified, altered or changed of any kind in the ownership or management of either party hereto, or by any change geographically of place of business of either party hereto. 11 Y ARTICLE 29 SAVINGS CLAUSE Section 1. If any provision of this Agreement or the application 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 provisions or application, and to this end, the provisions of this Agreement are severable. Section 2. It is understood that the foregoing is 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 Union and shall be subject to the provisions of this agreement unless the terms of said appendices specifically delete or change a provision 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. Nothing herein should preclude the City from being in compliance with the Americans with Disabilities Act. E193 ARTICLE 30 LONGEVITY Section 1. The Employer shall pay each Employee covered by this Agreement, longevity pay, added to and included in Employeeos base rate of pay for each year of service with the department from the Employeeos date of hire. Longevity shall be paid at the rate of $0.07 (seven cents) per year of service commencing on the employeeos fifth employment anniversary. As of January 1, 2015 longevity shall be paid at the rate of $0.10 (ten cents) per year of service commencing on the employeeos fifth employment anniversary. ARTICLE 31 RETIREMENT AND PENSION Employer and employee shall contribute toward the Oklahoma Firefighters Pension and Retirement System per requirements of State Statutes. M, ARTICLE 32 PHYSICAL FITNESS PROGRAM Section 1. The employer shall reimburse gym membership fees up to fifteen dollars ($15) per month for each member of the bargaining unit who signs up to participate in a voluntary fitness program. Members electing to participate in the voluntary fitness program reimbursement must provide proof of membership /enrollment in a physical fitness program of their choice by the second pay day in June of each year, in order to be eligible for the reimbursement. Reimbursements will be made annually, on the second pay day in June. In order to be eligible for the reimbursement, members must provide proof of payment by the first Friday in June, to the Chief or his designee, for the months in which reimbursement is being requested. Participating members working out while not on duty are not covered by Workersoe� Compensation. Members will participate in their physical fitness program at least once within any seven (7) day period, excluding time used for vacation or extended sick leave. It is the memberos responsibility to notify the Chief or his designee, by June 1" of reductions in reimbursement resulting from lack of or change in participation. Section 2. The Physical Fitness Test outlined in Appendix E will be administered bi- annually in October and April by the Fire Chief or designee and the Safety and Health Officer. Members of the bargaining unit who voluntarily participate and successfully complete the Physical Fitness Test, as established in Appendix E, will receive twenty -four (24) hours of comp time credited to their comp balance following the successful completion of each test, for a maximum annual accrual of forty -eight (48) hours of comp time. ., MAVI[a)itDIRk? DRUG & ALCOHOL TESTING The Union and its bargaining unit members agrees to comply with all of the provisions described in the Substance Abuse Policy as described in the attached Appendix tC <K 47 SIGNATURE PAGE IN WITNESS WHEREOF, the parties have hereunto set their hands this day of , 2914 2018. CITY OF OWASSO, OKLAHOMA A Municipal Corporation IC rvwl "3w Chris Kelley, Mayor Juliann M. Stevens, City Clerk INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL NO. 2789 Un Shane Atwell, President ATTEST: APPROVED AS TO FORM: Julie Lombardi, City Attorney M APPENDIX A The rates contained within the Appendix A pay plan do not include compensation which may be added to the base rate as provided in Article 20, Section 5; Article 20, Section 6; and Article 31. .. DAV DI AAI Il PAY PLAN A FF /Basic EMT FF /Int EMT Firefighter/Paramedic Driver Cpt/Deputy FM Chiefs /FM /EMS Mgr C O Degree in field of Fire Protection Degree not in the field of Fire Education Propay* Technology, Nursing or EMS Protection Technology, Nursing, or ja d N a co Q It CL U') Ql co a thirty -nine cents per hour ($0.39) :: u) d a) ° m wa cn w m in W in 13.09 13.51 13.95 hour ($0.75) 14.17 14.64 15.12 15.62 16.15 16.68 17.24 16.12 16.65 17.20 17.76 18.35 18.95 19.58 16.92 17.48 18.06 18.65 19.27 19.89 20.56 21.15 21.87 22.62 26.28 O n ao rn 1 17.80 18.40 19.02 19.65 20.33 20.24 20.89 21.59 22.31 23.06 21.25 21.94 22.67 23.42 24.21 23.39 24.17 24.99 25.83 26.71 27.18 28.09 29.06 30.04 31.05 Article 20 Degree in field of Fire Protection Degree not in the field of Fire Education Propay* Technology, Nursing or EMS Protection Technology, Nursing, or EMS Manager EMS Associates Degree thirty-nine cents per hour ($0.39) twenty cents per hour ($0.20) Bacheloros Degree fifty -nine cents per hour ($0.59) thirty -nine cents per hour ($0.39) ($0.20) sixty-nine cents per hour ($0.69) forty -three cents per Masteros Degree twenty cents per hour forty -nine cents per hour ($0.49) Article 20 EMT Propay* Firefighter /Driver Captain Chiefs /Fire Marshal/ Lieutenant EMS Manager EMT -Basic fifty -three cents per thirty-nine cents per twenty cents per hour Certification hour ($0.53) hour ($0.39) ($0.20) Intermediate forty -three cents per thirty -nine cents per twenty cents per hour Certification hour ($0.43) hour ($0.39) ($0.20) Paramedic Certification seventy-five cents per seventy -five cents per seventy -five cents per hour ($0.75) hour ($0.75) hour ($0.75) Article 20 Other Propays • Fleet Manager, eighty-three cents per hour ($0.83/hr)* • IFSAC, Proboard or other Instructor II certification (rank/grade of Captain and above) thirty -nine cents per hour ($0.39).* • Hazardous Materials Technician certification, twenty-nine cents per hour ($0.29)* • Effeetive jaRuaizy ' 2018 Car Seat Installation certification, fifteen cents per hour ($0.15)* *This is not intended to represent the entirety of Article 20. 6111 APPENDIX B The following pay items were removed contract year 2006 -2007 at which time they were included in the base pay provided in Appendix A. All items listed below are no longer applicable as of the 2006 -2007 contract. Article 20µ Incentive Pro -Pay of $0.07 per hour Article 25p Cleaning Allowance of $0.13 per hour Article 25p Bed Linen Allowance of $0.01 per hour Article 32g Employer paid 4% of Employeeos contribution toward Oklahoma Firefighters Pension and Retirement System The following pay item was removed effective January 1, 2009 at which time it was included in the base pay provided in Appendix A. The item listed below is no longer applicable as of the 2009 -2010 contract. Article 20µ EMS Manager Pro -Pay of $1.00 per hour The following pay item was removed effective July 1, 2015 at which time it was included in the base pay provided in Appendix A. The item listed is no longer applicable as of the 2016- 2017 contract. Working Out of Class Pay 51 APPENDIX C SUBSTANCE ABUSE POLICY Alcohol and drug abuse have an adverse effect on job performance, create dangerous situations, and serve to undermine our communityos confidence in the Fire Department. The department cannot and will not condone drug or alcohol abuse on the part of its employees, nor will it condone any employee behavior related to alcohol and /or illegal drugs on or off the job that may serve to damage the departmentos reputation. The policy concerning drug and alcohol use and abuse is a follows: 1. The Department will not hire anyone who is known to currently abuse substances. 2. The Department will educate and inform its employees about the health consequences of drug and alcohol abuse. 3. Employees must report to work in a fit condition to perform their duties. Being under the influence of drugs or alcohol is not acceptable. 4. Any employee on department business, on or off City premises, is prohibited from purchasing, transferring, using, or possessing illicit drugs or using alcohol or prescription drugs in a way that is illegal. 5. Employees will not be terminated for voluntarily seeking assistance for a substance abuse problem; however, continued performance, attendance, or behavioral problems may result in disciplinary action. 6. Employees on physician - prescribed medication must notify the Chief or his /her designee, if there is a likelihood that such medication could affect job performance and safety. 7. Employees who are convicted, plead guilty, or who plead no- contest for off -duty drug or alcohol involvement may be considered to be violation of the policy. 8. All available assistance programs shall be made available to the employee, either at the request of the employee, or as a requirement for continued employment, based on factual evidence of a substance abuse problem. 9. No illegal drugs, alcoholic beverage or liquor shall be brought into, or stored in or on any City Property. 10. Drug testing shall be conducted according to the policies and procedures outlined in this policy as well as the applicable existing Federal and Oklahoma State laws and regulations (Standards for Workplace Drug and Alcohol Testing Act, Title 40, Sec. 554). Conditions under which an applicant /employee will be tested are: 69A a. Applicants for employment once a conditional offer of employment has been made. b. For existing employees on the basis of: i. Reasonable Suspicion. ii. Post - Accident where the employee or another person has sustained a work - related injury or the employeros property has been damaged, including damage to equipment, in an amount reasonably estimated at the time of the accident to exceed five hundred dollars ($500.00). iii. Post - rehabilitation testing. iv. Random testing. 11. Failure to submit to a required drug or alcohol test or having a confirmed positive result of such a test will subject the employee to disciplinary action. 12. The City will pay for all City required drug /alcohol testing as required for the proper administration of this policy. 13. In addition the City will pay for a second test at a separate certified facility if a second test is requested by the employee immediately following the first test. 14. If requested by the employee, the City agrees to pay for a blood test at a certified facility to test carbon monoxide levels. Definitions used in the policy: 1. The ±Act< means the Standards for Workplace Drug and Alcohol Testing Act of the State of Oklahoma. 2. ±Alcohol :_means ethyl alcohol or ethanol. 3. ±Applicant<=neans a person who has applied for a position with the City. 4. ±Board <�neans the State Board of Health. 5. ±The City <=means the City of Owasso. 6. ±Confirmation test <=neans a drug or alcohol test on a sample to substantiate the results of a prior drug or alcohol test on the same sample and which uses different chemical principles and is of equal or greater accuracy than the prior drug or alcohol test. 7. ±State Department <_=neans the State Department of Health. 8. ±Drug <=means amphetamies, cannabinoids, cocaine, phencyclidine (PCP), hallucinogens, methaqualone, opiates, barbiturates, benzodiazepines, synthetic narcotics, designer drugs, or a metabolite of any of the substances listed herein. 9. ±Drug or alcohol test <=means a chemical test administered for the purpose of determining the presence or absence of a drug or its metabolites or alcohol in a personos bodily tissue, fluids or products. 10. ±Employee <=fneans any member of the Fire Department (for interpretation of this policy only). 53 11. ±Employer! ,means the City of Owasso. 12. ±Random selection basis :5=means a mechanism for selecting employees for drug or alcohol testing that: a. Results in an equal probability that any employee from a group of employees subject to the selection mechanism will be selected, and b. Does not give an employer discretion to waive the selection of any employee selected under the mechanism. 13. ±Reasonable suspicion <=fneans a belief that an employee is using or has used drugs or alcohol in violation of the Cityos written policy. This belief must be based on objective and stated facts and reasonable inferences drawn from those facts in light of experience, and may be based upon, among other things: a. Observable phenomena, such as: i. The physical symptoms or manifestations of being under the influence of a drug or alcohol while at work or on duty, or ii. The direct observation of drug or alcohol use while at work or on duty. b. A report of drug or alcohol use while at work or on duty, provided by reliable and credible sources and which has been independently corroborated; c. Evidence that an individual has tampered with a drug or alcohol test during his /her employment with the City of Owasso, or d. Evidence that an employee is involved in the use, possession, sale, solicitation or transfer of drugs while on duty or while on the employeros premises or operating the employeros vehicle, machinery or equipment. 14. ±Review officer <_=means a person, qualified by the State Board of Health, who is responsible for receiving results from a testing facility which have been generated by the Cityos drug or alcohol testing program, and who has knowledge and training to interpret and evaluate an individualcs test results together with the individualos medical history and any other relevant information. 15. ±Sample: =means tissue, fluid or product of the human body chemically capable of revealing the presence of drugs or alcohol in the human body. 16. ±Testing facility_< means any person, including any laboratory, hospital, clinic or facility, either off or on the premises of the employer, which provides laboratory services to test for the presence of drugs or alcohol in the human body. Drug or Alcohol Testing Restrictions: The employer may only request or require an applicant or employee to undergo testing under the following circumstances. 1. Applicant testing: The City may require a job applicant, upon a conditional offer of employment, to undergo drug or alcohol testing and may use a refusal to undergo testing or a confirmed positive test result as a basis for refusal to hire, provided that such 54 testing does not violate the provisions of the Americans with Disabilities Act of 1990, and provided that such testing is required for all applicants who have received a conditional offer of employment for a particular employment classification. 2. Reasonable suspicion testing: The City may require an employee to undergo drug or alcohol testing if the employer has a reasonable suspicion that the employee has violated the Cityos written substance abuse policy. 3. Post - Accident testing: The City may require an employee to undergo drug or alcohol testing if the employee or another person has sustained a work - related injury or the employeros property has been damaged, including damage to equipment, in an amount reasonably estimated at the time of the accident to exceed five hundred dollars ($500.00). 4. Random testing: The city may require an employee to undergo drug or alcohol testing on a random selection basis. 5. Post - rehabilitation testing: The City may require an employee to undergo drug or alcohol testing without prior notice for a period of up to two (2) years commencing with the employeeos return to work, following a confirmed positive test, or following participation in a drug or alcohol dependency treatment program under an employee benefit plan or at the request of the employer. Confidentiality of Testing Results and Records Disclosure of General health Information Prohibited: 1. The City shall maintain all drug and alcohol test results and related information, including, but not limited to, interviews, reports, statements and memoranda, as confidential records, separate from other personnel records. Such records, including the records of the testing facility, shall not be used in any criminal proceeding, or any civil or administrative proceeding, except in those actions take by the employer or in any action involving the individual tested and the employer or unless such records are ordered released pursuant to a valid court order. 2. The records described above shall be maintained by the employer and shall be the property of the employer, and, upon the request of the applicant or employee tested, shall be made available for inspection and copying to the applicant or employee. The employer shall not release such records to any person other than the applicant, employee or the employeros review officer, unless the applicant or employer, in writing following receipt of the test results, has expressly granted permission for the employer to release such records or pursuant to a valid court order. 3. A testing facility, or any agent, representative or designee of the facility, or any review officer, shall not disclose to any employer, based on the analysis of the sample collected from an applicant or employee for the purpose of testing for the presence of drugs or alcohol, any information relating to: MI a. The general health, pregnancy or other physical or mental condition of the applicant or employee, or b. The presence of any drug other than the drug or its metabolites that the employer requested be identified and for which a medically acceptable explanation of the positive result, other than the use of drugs, has not been forthcoming from the applicant or employee. Provided, however, a testing facility shall release the results of the drug or alcohol test, and any analysis and information related thereto, to the individual tested upon his or her request. 56 APPENDIX D EDUCATION /TRAINING REPAYMENT AGREEMENT The undersigned, for and in consideration of the City of Owasso, Oklahomaos incurrence of costs associated with my educational enhancement and or Paramedic training, hereby agrees that if and in the event I should voluntarily or involuntarily separate from employment with the City of Owasso, Oklahoma, within three (3) years from the date of the last payment for my tuition reimbursement and /or Paramedic classes, then in such event I will reimburse the City of Owasso, Oklahoma, one hundred percent (100 %) of all expense incurred by said City for my tuition reimbursement and /or cost incurred for my Paramedic classes. In connection herewith, I hereby authorize the City of Owasso, Oklahoma, to withhold from my final pay any sum due and owing to the City of Owasso, Oklahoma, by virtue of the foregoing. Further, it is my understanding that execution of this repayment agreement does not constitute an agreement on the part of the City of Owasso, Oklahoma, to employ me for any term of years, or portions thereof. Employee Signature: State of Oklahoma County of _______ Date: On this _____ day of _______ _, 20___, before me, the undersigned, a Notary Public in and for the County and State aforesaid, personally appeared __________________ to me, known to be the identical person who executed the above and acknowledged to me that the above was executed as a free and voluntary act and deed for the uses and purposes therein set forth. Given under my hand and seal the office the day and year last above written. Notary Public My Commission Expires (Seal) 57 APPENDIX E PHYSICAL FITNESS TEST To promote and encourage wellness through physical activity, the Fire Chief or designee and the Safety and Health Officer will administer a Physical Fitness bi- annually. Such test will consist of four parts. Part 1: 1.5 Mile Timed Run In order to successfully pass the timed run participants must complete the run within the established number of minutes /seconds, based upon his /her age at testing date. Age: <30 30 -39 40 -49 50 -59 60+ Run Time: 13:36 14:00 14:52 16:22 18:14 Part 2: Push -ups In order to successfully pass the push -ups portion of the Physical Fitness Test participants must complete the established number of push -ups based upon his /her age at testing date. Push -ups require humerus to be level with the ground at the bottom of each rep and elbows locked at the top of each rep. Pausing at the top of rep for no less than one second is required to assure participants are not using momentum from previous rep. Age: <30 30 -39 40 -49 50 -59 60+ Push -ups: 33 27 21 15 14 Part 3: Sit -ups In order to successfully pass the sit -ups portion of the physical fitness test participants must complete the established number of sit -ups based upon his /her age at testing date, within a two minute time limit. Sit -ups require hands locked behind the head, knees bent, chest touching knees at top of rep, and no greater than one inch of space between shoulder blades and ground at the bottom of the rep. Age: <30 30 -39 40 -49 50 -59 60+ Sit -ups: 42 39 34 28 22 Part 4: Abdominal Circumference Participants must have an abdominal circumference of PN<�r less. Abdominal circumference will be measured at the navel while participant is at rest. In order to successfully pass the abdominal circumference portion of the physical fitness test the measurement must be held for 90 seconds. The following options are available to individuals participating in the physical fitness test. Option A: Step Mill in Lieu of 1.5 Mile Run Participants can elect to complete ten minutes on a step mill (Stairmaster) in lieu of the 1.5 mile run. In order to substitute the step mill for the run, the step mill must be set on program three, difficulty level six. There will be no age adjustment for the step mill option. 91 Option B: Pull -ups in Lieu of Push -ups, Sit -ups, or Abdominal Circumference Participants can elect to complete ten pull -ups in lieu of either the push -ups, sit -ups, or abdominal circumference. In order to substitute pull -ups for one part of the test participants must complete ten reps with palms away, chin over bar, and complete stop at bottom with arms fully extended. Pull -ups can only replace one of the three requirements mentioned in this option. 59 REAL pcopla • REAL Chanc�ar •REAL Community TO: Honorable Mayor and City Council City of Owasso The Honorable Chair and Trustees Owasso Public Works Authority FROM: Linda Jones, Finance Director SUBJECT: Authorization of Sales Tax Revenue Note, Series 2018 DATE: May 11, 2018 BACKGROUND: In October of 2003, Owasso citizens voted to approve changes to the third -penny sales tax ordinance. According to Ordinance 763, the purpose of the third -penny sales tax is "to provide revenues to finance or fund capital projects and related costs, to include debt service on obligations issued to finance said capital projects." The ordinance includes the requirement that "said capital projects" are to be "review by the Capital Improvements Committee, approved by the City Council by resolution, with oversight given by the Citizens' Watchdog Committee established by the City Council." On September 5, 2017, Council approved Resolution 2017 -15 which identified approximately $98 million in capital improvement projects, of which, $78 million require third -penny sales tax funding. Currently, approximately $42 million remains to be funded from future years' collections. The third -penny sales tax generates approximately $8 million per year, of which, approximately $3 million is currently committed annually for existing debt service. On April 17, 2018, the Owasso Public Works Authority (OPWA) approved Resolution 2018 -04 authorizing execution of professional services agreements for financial advisor and bond counsel services related to the issuance of $9.8 million in bank - qualified debt to be repaid over a 10 -year period for the purposes of funding third -penny capital projects. SALES TAX REVENUE NOTE, SERIES 2018: The proposed $9.8 million Series 2018 Sales Tax Revenue Note would include approximately $3 million for the Police Headquarters Renovation Project and $6.8 million for street projects. The Note would be repaid from the third -penny sales tax over a ten -year period. OPWA Resolution 2018 -05 authorizes the issuance of a bank - qualified $9,800,000 Sales Tax Revenue Note, Series 2018. As a public trust of the City, the OPWA cannot incur debt without the approval of the City Council. City Resolution 2018 -06 authorizes the OPWA to issue its Sales Tax Revenue Note, Series 2018. Both resolutions approve waiver of competitive bidding and authorizes the note to be sold on a negotiated basis. Both resolutions also ratify and confirm existing agreements between the City and the OPWA, provides various other requirements of the financing, and authorizes the execution of all documents related to the transaction including a pledge of certain sales tax revenues and designation of the note as a qualified tax - exempt obligation. CITY COUNCIL RECOMMENDATION: Staff recommends approval of Resolution 2018 -06, authorizing the issuance of debt in the aggregate principal amount of $9,800,000 by the Owasso Public Works Authority. Staff further recommends amendment of the Capital Improvements Fund budget to increase appropriations for both revenues and expenditures by $9,800,000. OPWA RECOMMENDATION: Staff recommends approval of Resolution 2018 -05, authorizing the issuance of a Series 2018 Sales Tax Revenue Note in the aggregate principal amount of $9,800,000. Staff further recommends amendment of the Owasso Public Works Authority budget to increase appropriations for both revenues and expenditures by $9,800,000. ATTACHMENTS: City Council Resolution 2018 -06 OPWA Resolution 2018 -05 CITY OF OWASSO, OKLAHOMA RESOLUTION 2018 -06 A RESOLUTION APPROVING THE INCURRENCE OF INDEBTEDNESS BY THE OWASSO PUBLIC WORKS AUTHORITY (THE "AUTHORITY ") ISSUING ITS SALES TAX REVENUE NOTE, SERIES 2018 (THE "NOTE "); PROVIDING THAT THE ORGANIZATIONAL DOCUMENT CREATING THE AUTHORITY IS SUBJECT TO THE PROVISIONS OF THE NOTE INDENTURE, AUTHORIZING THE ISSUANCE OF SAID NOTE; WAIVING COMPETITIVE BIDDING WITH RESPECT TO THE SALE OF SAID NOTE AND APPROVING THE PROCEEDINGS OF THE ;AUTHORITY PERTAINING TO THE SALE OF SAID NOTE; RATIFYING AND CONFIRMING A SALES TAX AGREEMENT BY AND BETWEEN THE C(TY,.OF OWASSO, OKLAHOMA (THE "CITY ") AND THE AUTHORITY PERTAINING TO THE YEAR -TO- YEAR PLEDGE OF CERTAIN SALES TAX REVENUES ESTABLISHING,,,THE CITY'S REASONABLE EXPECTATION WITH RESPECT TO THE, OF'TAX- EXEMPT OBLIGATIONS BY OR ON BEHALF OF SAID CITY IN CALENDAR YEAR 2015; AND DESIGNATING THE NOTE AS A QUALIFIED ,TAX- EXEMPT OBLIGATION; AND CONTAINING OTHER PROVISIONS RELATING THERETO. NOW, THEREFORE, BE IT RESOLVED BY THE OKLAHOMA: SECTION 1. INDEBTEDNESS AUTF "Authority ") is hereby authorized to inc Revenue Note, Series 2018 in the am, conditions of a Note Indenture do supplemented and amended ;-and as 2018 Supplemental Note Indenture, all successor Trustee to' RCB Bank. (collec Note shall never c8n 'fitu a te debt of,the OF THE CITY OF OWASSO, =D. The Owasso Public Works Authority (the indebtedness by the issuance of its Sales Tax of $9;800;000, according to the terms and as of �'becember 1, 2004, as previously E�r supplemented and amended by a Series nd between the Authority and BancFirst, as the "Note Indenture "), provided that said of Owasso, Oklahoma (the "City "). ac�uvry t.,syKUAVILHIIVIVHL UVi.UMtNI IQ NCAL INDENTURE. The organizational docurpent creating the Authorify, is hereby made subject to the terms of the Note "lndenture authorizing` "`the issuance and securing the payment of the Note as more.fully,described in Section 1 hereof. The waiving of competitive bidding for the sale of the Note and the sale of said Note by the Authority to at a price of par, is hereby approved. SECTION 4. SALES TAX AGREEMENT. The Sales Tax Agreement dated as of December 1, 2004, between the City and the Authority (the "Sales Tax Agreement "), which Sales Tax Agreement pertains to a year -to -year pledge of certain sales tax revenue as security for the Note, is hereby ratified and confirmed. SECTION 5. CITY'S EXPECTATIONS. The City anticipates that the total amount of tax - exempt obligations (other than private activity bonds and certain qualified refunding bonds) issued by the Authority or other issuers on behalf of said City, will not exceed $10,000,000 for calendar year 2018, and the City hereby designates the Note to be a qualified tax - exempt obligation with respect to the financial institution interest deduction provisions contained in the Internal Revenue Code of 1986, as amended, and authorizes the Mayor or Vice Mayor to execute and deliver on behalf of the City a Certificate of Designation to that effect. SECTION 6. AUTHORIZING EXECUTION. The Mayor or Vice Mayor and City Clerk or Deputy City Clerk of the City representing the City at the closing of the above - referenced note issue are hereby authorized to execute and deliver on behalf of the City any and all certifications and documentation necessary or attendant to the delivery of the Note, as directed by Bond Counsel. (SEAL) ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO Julie Lombardi, City A PASSED AND APPROVED THIS'15H;,,DAY OF MAY, 2018. CITY OF 2 OWASSO PUBLIC WORKS AUTHORITY RESOLUTION 2018 -05 A RESOLUTION AUTHORIZING THE OWASSO PUBLIC WORKS AUTHORITY. (THE "AUTHORITY ") TO ISSUE ITS SALES TAX REVENUE NOTE, SERIES 2018 (THE "NOTE ") IN THE AGGREGATE PRINCIPAL AMOUNT OF $9,800,000; WAIVING COMPETITIVE BIDDING AND AUTHORIZING THE NOTE TO BE SOLD ON A NEGOTIATED BASIS; RATIFYING AND CONFIRMING A SALES TAX AGREEMENT BY AND BETWEEN THE CITY AND THE AUTHORITY PERTAINING TO A YEAR -TO- YEAR PLEDGE OF CERTAIN SALES TAX REVENUE; APPROVING AND AUTHORIZING EXECUTION OF A SUPPLEMENTAL NOTE IINDENTURE AUTHORIZING THE ISSUANCE AND SECURING THE PAYMENT OF THE NOTE; PROVIDING THAT THE ORGANIZATIONAL DOCUMENT`" =CREATING THE AUTHORITY IS SUBJECT TO THE PROVISIONS OF THE NOTE .INDENTURE; AUTHORIZING AND DIRECTING THE EXECUTION - "OF THE NOTE �AN.,O OTHER DOCUMENTS RELATING TO THE TRANSACTION; ESTABLISHING` THE AUTHORITY'S REASONABLE EXPECTATION WITH "RESPECT TO THE ISSUANCE OF TAX - EXEMPT OBLIGATIONS BY THE AUTHORITY IN CALENDAR YEAR 2018, AND DESIGNATING THE NOTE AS A QUALIFIED ,=TAX-EXEMPT OBLIGATION; AND CONTAINING OTHER PROVISIONS RELATING THERETO. NOW, THEREFORE, BE IT AUTHORITY: SECTION 1. INDEBTE "Authority ") is authorized to Note, Series 2018 for and -c aggregate principal arrioui certain capital improveme Police Department' headc Garnett Street Widenina Ph per ann THE OWASSO PUBLIC WORKS i AUTHORIZED: The. Owasso Public Works Authority (the an inclObte" dness by the issuance of its Sales Tax Revenue alf of the„City of Owasso, Oklahoma (the "City "), in the 9,800,000:00 (the "Note ") for the purpose of (i) financing °nefiting ;.the City, including renovation of the Owasso �s building, the 76th Street Widening Project, and the all along with related costs; and (ii) paying certain costs e Note. The Note shall bear interest at the rate of _% Tents on the Note shall be paid as set forth on Exhibit "A" atcucQN z. CUMFEIIIIVE BIDDING WAIVED. Competitive bidding on the sale of said Note is�sraived and the Note is authorized to be sold to at a price of par. SECTION'3. SALES TAX AGREEMENT. The Sales Tax Agreement dated as of December 1, 2004, between the City and the Authority (the "Sales Tax Agreement "), which Sales Tax Agreement pertains to a year -to -year pledge of certain sales tax revenue as security for the Note, is hereby ratified and confirmed. SECTION 4. SUPPLEMENTAL NOTE INDENTURE. The Series 2018 Supplemental Note Indenture by and between the Authority and BancFirst, as Trustee, as said Series 2018 Supplemental Note Indenture supplements and amends a Note Indenture dated as of December 1, 2004, as previously supplemented and amended, each by and between the Authority and the Trustee, as successor trustee bank to RCB Bank (collectively, the "Note Indenture "), authorizing the issuance of and securing the payment of the Note approved in Section 1 hereof, is hereby approved and the Chair or Vice Chair and Secretary or Assistant Secretary of the Authority are authorized and directed to execute and deliver same for and on behalf of the Authority. SECTION 5. ORGANIZATIONAL DOCUMENT SUBJECT TO THE NOTE INDENTURE. The organizational document creating the Authority is subject to the provisions of the Note Indenture referenced in Section 4 hereof. SECTION 6. CERTIFICATE OF DESIGNATION. The Authority anticipates that the total amount of tax- exempt obligations (other than private activity_; bonds) issued by the Authority or other issuers on behalf of the City, will not exceed "$1`0,000,000 for calendar year 2018, and hereby designates the Note to be a qual fled, tax exempt obligation with respect to the financial institution interest deduction provisions contairied in.the Internal Revenue Code of 1986, as amended, and authorize's",the Chair or Vi6e;Chair of the Authority to execute and deliver on behalf of the Aufhority a Certificate, f'Designation to that effect. SECTION 7. EXECUTION OF NECESSARY DbtumtNTS. The Chair or Vice -Chair and Secretary or Assistant Secretary of the Authority are-'h' reby authorized and directed on behalf of the Authority to execute and deliver the Note to upon receipt of the purchase price and are further authorized "and directed to execute all necessary documentation and closing and" delivery papers required by Bond Counsel; approve the disbursement of the proceeds of the Note; including any costs of issuance; to approve and make any changes to the documehts approved by this Resolution, for and on behalf of the Authority, ;the execution and delivery of such documents being conclusive as to the approval of, any cha "nges contained therein by the Authority; and to execute, record and' file any and all the necessary financing statements and security instruments, including )but not 'limited;_to the documents approved hereby, and to consummate the transaction` contemplated hereby. (SE/ ATTEST: PASSED AND APPROVED THIS 15TH DAY OF MAY, 2018. Juliann M. Stevens, Authority Secretary THE OWASSO PUBLIC WORKS AUTHORITY Chris Kelley, Chair 2 W�-� [Principal Payment Schedule) Payment Date Principal Amount December 1, 2018 --June 11 1, 1 201 1 9 - December I, 2019 June i, 2620 December 1. 2020 June 1, 2022 :Ceinber I, 2022 June 1, 9023 =rnber 1, 2023 June 1, 2024 =rnbcr 1, 2024 June 1, 2625 :Cember 1, June :ceniber 1, 2026 June 1, 2027"',",1 .cember 1, 2027 Juncj, 2028 REAL People • REAL Character •REAL Communlry TO: The Honorable Mayor and City Council City of Owasso FROM: H. Dwayne Henderson, P.E. City Engineer SUBJECT: Agreement for Gas Facilities Relocation with Oklahoma Natural Gas Company - Central Park Channel Improvement Project DATE: May 11, 2018 BACKGROUND: The Central Park drainage channel is located between East 86th Street North and Owasso Mid - High School. The channel commences northwest of the East 861h Street North /North 123rd East Ave Intersection at the bridge and traverses northwesterly between the commercial property housing State Farm Insurance and Lake Ridge Subdivision. The channel continues toward the Small Animal Hospital of Owasso (SAHO) building and enters the property owned by residents in Central Park II. Lastly, the channel turns into the Owasso Public School property and connects with the Central Park detention pond outlet. This project was listed as a priority project in the 2005 Master Drainage Plan (MDP). The project will include realigning the drainage channel that has meandered out of the drainage easement over the years and jeopardizing the residences backing up to the channel, as well as straightening the channel on the school property back into the original alignment. Meshek and Associates, PLC, provided the design services for the project. Three utilities are in conflict with the realignment. Oklahoma Natural Gas (ONG), AEP -PSO, and a City of Owasso sanitary sewer line are located within the alignment. AT &T also has a line in conflict and it will be moved during channel construction as will the city's sanitary sewer line. AEP was able to redirect power to the front of the residences at no cost to the City of Owasso. However, an ONG line is located in a public utility easement provided by developers of the subdivisions of Three Lakes III and Central Park II and needs to be relocated before the channel work can begin. AGREEMENT FOR GAS FACILITIES RELOCATION: ONG currently owns and operates 505 linear feet of 2 -inch low pressure distribution pipeline within the limits of the project. Of this total length, 505 linear feet are located within a utility easement dedicated to the public for use to serve the subdivision. This line will need to be relocated at an estimated cost to the City of $168,036.00 including material, labor, and contract administration. The Agreement (see Attachment) contains language outlining the basis for the relocation costs and how ONG will be reimbursed. A summary of the agreement's key points is as follows: Relocation costs will be based on actual costs of work performed. ONG will award and pay for the work based on competitive bids or continuing contract(s), whichever is deemed most practical and economical by ONG. • If relocation services come in at a higher amount than the estimate, ONG will send the City a written notice, and the City will have the right to terminate the agreement within ten (10) days of receipt of notice. • The City will reimburse ONG within thirty (30) days of completion of work, which is estimated to be in the FY 2017 -2018 fiscal year. • ONG easements shall be considered to retain precedence so that any City project in the future requiring additional relocations of the same facilities shall be paid by the City. FUNDING: Sufficient funding exists in the Capital Improvements Fund for this project. RECOMMENDATON: Staff recommends authorization for the City Manager to execute the Agreement for Gas Facilities Relocation between Oklahoma Natural Gas Company and City of Owasso for the Central Park Channel. Staff further recommends authorization for the City Manager to terminate the agreement (as allowed by paragraph 6 of the agreement) if revised estimates submitted by ONG become more than $168,036.00 prior to commencement of construction if it is determined by the City Manager that the revised estimate no longer fits within the City budget. ATTACHMENTS: Agreement Location Map AGREEMENT GAS FACILITIES RELOCATION CHANNEL REHABILITATIION PROJECT NORTH OF 86TH ST. N. AND WEST OF 129TH E. AVE. CITY OF OWASSO TULSA COUNTY Oklahoma Natural Gas Company, a Division of ONE Gas, Inc., hereinafter called "Company," owns various medium - pressure distribution natural gas pipelines within the construction limits of the referenced project in the City of Owasso, Tulsa County, Oklahoma, which Company utilizes in the discharge of its duties as a public service corporation. City of Owasso, Oklahoma, a municipal corporation, hereinafter called "City," has requested Company to relocate these facilities to accommodate the proposed construction of the referenced project as shown on plans therefore, the latest of which were received electronically by Company on April 17, 2017. City agrees to reimburse Company in the extent and manner hereinafter stated for that portion of the cost of relocating said facilities which is for the benefit of City. Company proposes to perform the necessary relocation of its facilities in substantial accordance with the three plan sheets and the three -page cost estimate, all dated December 6, 2017, of which four copies each are attached. The City's share of the estimated cost of the necessary relocation will be $163,036.00, all of which is to he reimbursed to Company by City. City by accepting the proposal agrees that City shall reimburse Company for its share of the total actual relocation costs, said costs being arrived at in the same manner as used in Company's estimated cost of the project attached hereto. Such relocation costs will be based upon, but not necessarily limited to, material suppliers', work contractors', and equipment - rental invoices; and at then - current rates and prices, company's transfer and stores expense charges for warehoused materials; payroll time sheets; indirect labor charges; auto, trick, and equipment use records; expense statements; and standard allocated overhead charges. Company's award of andpayment for contracted work will be based upon competitive bids or continuing contract, whichever appears to the Company will be most practical and economical. It is further understood, and City by accepting this proposal agrees, that City will reimburse the Company in accordance with this agreement within thirty (30) days after the said relocation work has been completed and Company's statement for City's costs thereof has been submitted. Company agrees that in the event Company should determine prior to commencement of construction that the revised estimated amount of the reimbursement by the City may exceed the estimated cost as stated herein, Company shall notify flee City of such determination in writing. City shall have the right to terminate this agreement within ten (10) days of receipt of such said written notice. If City elects to so terminate, City shall pay Company the City's share of any engineering cost incurred to date of termination. If the City does not terminate the agreement within the ten (10) days, it shall remain in full force and effect. The Company by agreeing to or by abandoning, relocating, or modifying any of its facilities pursuant to this agreement shall not thereby be deemed to have abandoned, modified, released, or otherwise destroyed any of its rights existing at the time of the execution of this agreement under valid and subsisting private right -of -way easements granted to, obtained by or through condemnation, or otherwise vested in the Company unless the Company shall have released same by written instrument. Further, should the Company in the course of relocating the above - described facilities relocate any of such facilities presently located on private right -of -way onto public right -of -way, the Company shall be deemed in respect to such facilities to have retained sufficient easement and other rights such that if said facilities are encompassed within any fitture governmental project requiring relocation, adjustment, or abandonment of such facilities, that the Company shall be entitled to reimbursement for the cost of such relocation, adjustment, or abandonment from the governmental agency Page I of 2 requiring the same; provided, however, this provision shall not be construed as requiring reimbursement by the City of Owasso except when such relocation, adjustment, or abandonment is required for a project of the City of Owasso. Any changes made by the City in this proposal as submitted by the Company shall be subject to the written acceptance thereof by the Company before there is any binding contract between the parties. City by accepting this proposal warrants that it now has or will have unencumbered funds available with which to pay the relocation costs to the extent herein above provided. If this proposal is not accepted by the City within one (1) year from the date of this letter, this proposal shall automatically terminate and thereafter shall not be subject to acceptance by the City unless the proposal is reinstated by Company. Company respectfully requests that the City of Owasso agree to the terms of this proposal by signing in the space provided below and returning one executed copy to us. Al- W ATTEST: OKLAHO A NATURAL GAS COMPANY, _A-QIVISf0N\0F ONE Gas, Inc. M Secretary Dated: Operations APPROVED as to form and legality this 15th day of May , 2018. City Attorney - Julie Lombardi CITY OF OWASSO, OKLAHOMA City Manager - Warren Lehr ATTEST: City Clerk- Juliann M. Stevens This 15th day of Mav 2018. Page 2 of 2 OKLAHOMA NATURAL GAS COMPANY ESTIMATED GAS FACILITIES RELOCATION COST CENTRAL PARK CHANNEL REHABILITATION CITY OF OWASSO MATERIAL COST: CITY UNITCOST AMOUNT 2" PIPE -MOPE, IPS, DR 11, 50OFT COIL, .216 WALL, UNIMODAL, 80 PSIG, NO REGRIND ALLOb 505 ft. 0.64 $324 2 "X2" TEE - TAPPING HIGH VOLUME. MOPE, ELECTRO FUSION, 100 PSIG. ASTM 02513 1 ea. 46.51 $47 2" COUPLING PE, ELECTRO FUISON, HD, 100 PSIG, BLACK, ASTM 02513 1 ea, 4,61 $5 2" ELBOW, MOPE, BUTT FUSION, 90 DEG, 100 PSIG, ASTM D2513 5 ea. 2.35 $12 2" CAP -MDPE, BUTT FUSION, 100 PSIG, ASTM D2513 5 ea. 2.00 $10 511 ANODE -CAST, MAGNESIUM, PACKAGED, 10FT LEAD, H -1 ALLOY, .05 COPPER 5 ea. 18.17 $91 1110 WIRE -SOLID COPPER, YELLOW, 30 MILL, 500FT, HIGH, TRACER BURIED 505 ft. 0.13 $66 Total Etimated Main Material Cost $555 SERVICE MATERIAL COST: CITY UNIT COST AMOUNT .75" PIPE -MDPE IPS, .095" WALL. OR 11, COIL -500', ASTM D2513. YELLOW 50 ft. 0.19 $10 .75" CAP -BUTT FUSION, MD PE 2406 0 ea. 1.50 $0 2"X.75" TEE - TAPPING, BUTT- FUSION MOPE 3 ea. 5.44 $17 TEE, 0.75" IPS X 015 "IPS, ST X PE, TRANS, STD 3 ea. 34.98 $105 .75" VALVE, EXCESS FLOW, MOPE IPS, SERIES 700, DR 11 3 ea. 5.94 $18 1 "X.75" RISER SERVICE, ST TO PE, OR 11, MDPE, ANODELESS 3 ea. 32.55 $98 1" METER SET, STEEL, DOM W/ 1 "SRV REG 185000010 3 ea. 63.99 $192 810 AWG WIRE- TRACER, FOR BORING, SOLID COPPER, PER ASTM B -1. 1000' COIL 50 ea. 0.16 $8 Total Etimated Service Material Cost $448 TOTAL ESTIMATED MATERIAL COST $1,003 INSTALLATION COST: Stores Expense AMOUNT - -$2x4 _.___ ___._._— ...._______.__ _ ___.___ Contract Drafting Services $5,000 Company Laboor r - Indirect Labor, Payroll, Insuranc ,281 e, and Taxes - $707 Ri ght ra Way Cost _ Restoration- Damages 1 980 TOTAL_ _ _ _INSTALLATION plus MATERIAL $100,494 Contingencies $26,411 Administrative and General Expense $39,131 TOTAL ESTIMATED RELOCATION COST $188,038 __ ________ ____ __ ____________ _______ ________------------------ ------------------------------------------------- FINANCIAL RESPONSIBILITY All Facilities in existing Utility I ONG Easement Total cost is the Reoons'bility of the City of Owasso Eastern Region Engineering (Jonathon Meadows) Prepared By Utility Design Services Inc. 12/612017 , 'Ali '77 it N j 'j r e- Q.r'; 'Rhmom CITY OF OWASSO 200 S. Main CENTRAL PARK Owasso, OK 74055 918.272.4959 DRAINAGE CHANNEL www.cityofowasso.com PROJECT LOCATION MAP 7/24/=7 E The City Wit out Limits. TO: Honorable Mayor and City Council City of Owasso FROM: H. Dwayne Henderson, P.E. City Engineer SUBJECT: Tulsa County Inter -local Agreement - Utility Relocation East l l bth Street North and North 129th East Avenue Intersection Improvements DATE: May 11, 2018 BACKGROUND The intersection at East 116th Street North and North 1291h East Avenue is jointly owned and maintained by Tulsa County and City of Owasso. Since 2015, staff and the consultants have been designing the project, clearing the environmental concerns, establishing utility corridors for utility relocation and acquiring rights -of -way. Tulsa County and the City of Owasso agreed to share costs for the project engineering design, right -of -way, utility relocation and construction as part of the application with Oklahoma Department of Transportation (ODOT). The first inter -local agreement for engineering design was approved on April 21, 2015. Right -of -way acquisition, approved March 7, 2017, started after ODOT approval of the environmental document and currently lacks only one parcel to obtain. Once this parcel is secure, utility relocation can begin. Utility companies have prepared plans and entered into agreements with Tulsa County, since they are the project lead sponsor. However, for the City of Owasso to participate, an inter -local agreement for utility relocation needs to be in place with Tulsa County. PROPOSED INTER -LOCAL AGREEMENT: Projects that use multi - jurisdictional funding sources require an agreement between the entities to determine the limits of their participation. The Inter -local agreement between Tulsa County and City of Owasso has been prepared by the Tulsa County District Attorney and reviewed by the City Attorney. Stipulations are summarized as follows: 1. The duration of this Agreement shall be from the date of execution of this Agreement until the project is complete. 2. The purpose of this Agreement shall be to provide for utility relocations at the intersection of East 1 16th Street North and North 129th East Avenue. 3. The County shall contract with and pay the invoices for the services provided by the utility companies. 4. The City shall reimburse the County 50% of the actual costs for the relocations of ONG, VVEC, Washington County RWD #3 and GRDA utilities conflicting with the intersection widening project. 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. FUNDING: Funding for the project, which is estimated at $185,000, is included in the Capital Improvements Budget. RECOMMENDATION: Staff recommends approval of the Inter -local Agreement with Tulsa County for utility relocations at the intersection of East 116th Street North and North 129th East Avenue and authorization for the Mayor to execute the document. ATTACHMENTS: Location Map Tulsa County Inter -local Agreement CITY OF OWASSO P.O. 180 Owasso, OK 74055 918.272.4959 www.cityofowasso.com E 116th STREET N AND N 129th E AVE INTERSECTION LOCATION MAP 11 smn. 14 AGREEMENT THIS AGREEMENT, by and between the Board of County Commissioners of Tulsa County, Oklahoma, hereinafter called "County" and the City of Owasso, Oklahoma, hereinafter called "City ". WITNESSETH: WHEREAS, by virtue of 69 O.S., 1987, Section 1903, the Board of County Commissioners is authorized to enter into Agreements with municipalities to construct, improve, and repair any of the streets of such municipalities, and; WHEREAS, the County is desirous of participating in projects and the provision of services mutually advantageous to the County and other units of government; THEREFORE, in consideration of the covenants and conditions hereinafter contained, the parties hereto agree as follows: 1. The duration of this Agreement shall be from the date of execution of this Agreement until the project is complete. 2. The purpose of this Agreement shall be to provide for utility relocations for the improvements of the intersection of 116th Street North and 129th East Avenue. 3. The City and County shall determine the amount of utilities to be relocated, based upon the plans being prepared by their Engineering Consultant. 4. The County shall contract with and pay the invoices for the utility relocations. 5. The City shall reimburse the County one half the actual costs for utility relocations. 6. 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. 7. The rights, duties, and obligations under or arising from this Agreement shall not be assigned by either party hereto without the express written consent of the other. 1 Approved by the Owasso City Council on the 15th day of May, 2018. ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: LZMA Julie Lombardi, City Attorney CITY OF OWASSO, OKLAHOMA Chris Kelly, Mayor Approved by the Board of County Commissioners of Tulsa County, Oklahoma on the day of 2018. ATTEST: 0 Michael Willis, County Clerk APPROVED AS TO FORM: 13 District Attorney 2 TULSA COUNTY BOARD OF COUNTY COMMISSIONERS 0 Ron Peters, Chairman OP�'P.pt.-RSALCh..e ,•REAL CommuPRy TO: The Honorable Mayor and City Council City of Owasso FROM: H. Dwayne Henderson, P.E. City Engineer SUBJECT: Recommendation for Contract Award 2017 Hale Acres CDBG Sewer Replacement Project DATE: May 11, 2018 BACKGROUND: Each year, as part of the Urban County designation, Owasso is notified by Indian Nation Council of Governments (INCOG) of their approximate allocations for the next round of Community Development Block Grant (CDBG) funding. The City of Owasso has completed several projects including several sidewalk projects in Rayola Park, the Baptist Village and various sidewalk repair projects. In 2014 and 2015, Owasso CDBG projects were constructed under budget by $43,876.86 and $22,406.90 respectively. In 2016, Owasso received $117,404.00 in CDBG funds for a project in Hale Acres, a newly qualified area, to remove and replace sections of the original sewer collection system that is comprised of clay pipe. However, these funds were not enough to complete the first section of sewer line targeted for replacement. In 2017, an additional $128,827.00 in CDBG funds were awarded to the City of Owasso. With the combined funds from 2016 and 2017, as well as the rollover funds from 2014 and 2015, the City of Owasso has $312,514.76 for the first phase of the Hale Acres Sewer Line Replacement Project. PROJECT PHASE I: Staff surveyed and designed the sewer line replacement project internally. After surveying the downstream sewer line, staff determined a portion of the original line, inherited from the County in the 1970s, was constructed outside of the allotted utility easement and has permanent buildings constructed over the line. Staff determined a utility easement is available for use and recommends moving the line to correct location. Phase I of the project consists of the open cut and construction of a sewer line paralleling the original line from the southwest corner of the subdivision to the southeast corner of the subdivision with the original line being abandoned in- place. PROJECT PHASE II: A section of the sewer line is targeted for pipe bursting and runs along the east side of N 106th E Ave from south of E 112th St N to E 1 14th St N (see location map). This line was bid as an alternative to construct if funds were available. Pipe bursting is the practice of replacing a pipe from the inside by pushing an oversized steel rod through the clay line and pulling polyethylene pipe in the alignment of the original line. This practice is more expensive than open cut and replacing, but in the right application can save money in surface restoration costs. SOLICITATION OF BIDS: In March 2018, the engineering design was complete and the Oklahoma Department of Environmental Quality issued the necessary permit. An advertisement for bids was published in accordance with state statutes. A mandatory pre -bid meeting was held on April 4, 2018, and bids were opened on April 17, 2018, with a total of four contractors submitting bids. The City Engineering staff completed a Bid Tabulation and all four bids submitted exceeded the city's budget of $312,514.76. A detail of each bid is attached. PROPOSED CHANGE ORDER: Given that the lowest bid substantially exceeded the budgeted amount for the project, staff is proposing to reduce the scope of work. This reduction in the project is permitted because the bids were based upon unit pricing versus a lump sum bid. (If a lump sum bid process had been used, staff would likely seek authorization to reject all bids, revise the scope of work, and rebid the project.) The items proposed to be removed from the original project include: • Preconstruction Internal Pipe Tv Inspection • 12" HDPE (8" To 12" Pipeburst) • 4" Service Tap On New 12" Hdpe Sewer Line ( +10' Of Sch 40 Service Line) • Chain Line /Wire Fence - Removal And Replacement BID REVIEW: Staff reviewed each bid and tabulated the project's cost with the above mentioned unit price items removed from the scope of the work. With the proposed changes in the scope of the project, the bid submitted by Earth Smart Construction, Inc., bid is reduced to $313,312.50, causing them to become the lowest bidder. The proposed reduction of work, and the proposed award of the project to Earth Smart Construction, Inc. was reviewed with the City Attorney and City Clerk, and both agreed with the legality of the reduction. INCOG was consulted and also concurred with the recommendation. The bid totals for the base project compared to the bid totals following the change order are shown in the summary below: Sapulpa Digging Tri -Star Earth Smart RL Hensley Base Bid $408,390.00 $430,510.00 474,267.00 590,950.00 PROPOSED CHANGE ORDER: Given that the lowest bid substantially exceeded the budgeted amount for the project, staff is proposing to reduce the scope of work. This reduction in the project is permitted because the bids were based upon unit pricing versus a lump sum bid. (If a lump sum bid process had been used, staff would likely seek authorization to reject all bids, revise the scope of work, and rebid the project.) The items proposed to be removed from the original project include: • Preconstruction Internal Pipe Tv Inspection • 12" HDPE (8" To 12" Pipeburst) • 4" Service Tap On New 12" Hdpe Sewer Line ( +10' Of Sch 40 Service Line) • Chain Line /Wire Fence - Removal And Replacement BID REVIEW: Staff reviewed each bid and tabulated the project's cost with the above mentioned unit price items removed from the scope of the work. With the proposed changes in the scope of the project, the bid submitted by Earth Smart Construction, Inc., bid is reduced to $313,312.50, causing them to become the lowest bidder. The proposed reduction of work, and the proposed award of the project to Earth Smart Construction, Inc. was reviewed with the City Attorney and City Clerk, and both agreed with the legality of the reduction. INCOG was consulted and also concurred with the recommendation. The bid totals for the base project compared to the bid totals following the change order are shown in the summary below: Sapulpa Digging Tri -Star Earth Smart RL Hensley Original Bid $408,390.00 $430,510.00 $474,267.00 $590,950.00 Bid w/ Proposed Change Order $329,000.00 $356,560.00 $313,312.50 $416,300.00 FUNDING: Funds are available through the Community Development Block Grant Fund and the remaining cost will be paid from the FY 2017 -2018 OPWA operating budget. RECOMMENDATIONS: Staff recommends award of a construction contract to Earth Smart Construction, Inc., for the 2017 Hale Acres CDBG Sewer Replacement Project Improvements in the amount of $474,267.00. Staff recommends approval of Change Order No. 1, reducing the scope of the project and contract award amount by $160,954.50, for a revised contract total of $313,312.50. 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Earth Smart, Construction Inc (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Docutents. The Work is generally described as follows: 2017 HALE ACRES CDBG SEWER LINE REPLACEMENT PROJECT CITY OF:OWASSO, OKLAHOMA The project for which the Work under the contract documents may be the whole or only a part; is described as follows: Removal and replacement of existing sanitary sewer lines in Hale Acres Subdivision. City of Owasso. Oklahoma ARTICLE 2. DEPARTMENT The PROJECT has, been assigned by the OWNER to the DEPARTMENT (City of Owasso Public Works).. The DEPARTMENT Director, Project Administrator and City Engineerare the duly authorized representatives of the OWNER who will assume . the duties and responsibilities and will have the rights and authority assigned to DEPARTMENT:' n the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIME 3.1 The Work will be substantially completed within One - hundred twenty.days (120) calendar days from the date of Notice to Proceed; and completed and ready for.finalpayment in accordance with the General Conditions within One - hundred fifty days (156) calendar days calendar days from the date of Notice to Proceed, which will be on. or before 3.2 Liquidated, Damages. OWNER and CONTRACTOR.recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if .the Work 'is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding, the actual loss suffered by OWNER, if the Work is any such proof. OWNER and CONTRACTOR agree that as liquidated damages for delay (but, not as a penalty) CONTRACTOR shall pay OWNER One Thousand Dollars ($1000.00) for each consecutive calendar day that expires after the time specified in paragraph. 3.1 for substantial completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work, within the time specified in paragraph. 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER; CONTRACTOR ..shall pay OWNER One Thousand Dollars ($1000.00) for each consecutive calendar,day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds the amount agreed upon in CONTRACTOR'S hid. 4.2 CONTRACTOR understands that the estimated quantities are not guaranteed and that the determination of actual quantities and their classification is to be made by the OWNER at the time of application for payment. 1. 4.3 CONTRACT AMOUNT: Contract Amount is. Three Hundred Thirteen Thousand Three Hundred Twelve Dollars and 501100 ($313.312 501 ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions on the Pay Estimate Forms included as Exhibit A" to this Agreement.. Applications for Payment will be processed by OWNER as provided in khe General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the. Contract Price on the basis.of CONTRACTOR's Applications for Payment in accordance with the City of Owasso's. Payment Schedule included as Exhibit "B" to this Agreement during construction as provided below. All progress payments will be on the basis of the progress of the Work.' . 5.1.1 . Progress payments shall not exceed an amount equal to 90 % of the WORK completed until such time as CONTRACTOR shall complete in excess of fifty percent (50 %a) of the contract amount: 5.1.2 Upon completion in excess of fifty percent (50 %).of the total contract amount; OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95 0/, of the WORK completed; less such amounts as OWNER shall determine in accordance' With the General Conditions, provided that OWNER has determined that satisfactory progress is .being made, and upon approval by the Surety. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the remainder of the Contract Price. ARTICLE 6. CONTRACTOR'S REPRESENTATION'S In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized Contract Documents, Work, locality, and with laws, ordinances, rules and regulations that performance of the Work. himself /herself with the nature and extent of all local conditions and federal, state and local in any manner may affect cost, progress or 6.2 CONTRACTOR has studied carefully all. reports or explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except underground facilities) which have been identified in the Supplementary Conditions as provided in the General Conditions. Contractor accepts the determination set forth in the General . Conditions of the extent of the "technical data" contained in such reports and drawings upon which Contractor is entitled to rely. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Consultants do not assume responsibility for the accuracy or completeness of information and data, shown or indicated in the Contract Documents with respect to underground facilities at or continuous to the site. Contractor has obtained and carefully studied (or assume responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor,. and safety precautions and programs incident thereto. Contractor does not consider that *any additional examinations, investigations, explorations, tests, studies; or data are necessary for the performance and, furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, 6.3 CONTRACTOR has made or caused to. be made examinations, investigations, tests and studies of such reports and related data in addition to those referred to in paragraph 6.2 as (s)he deems necessary for the performance of the Work at the Contract price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground :Facilities at or contiguous to'the.site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the: Work at the Contract Price within the Contract Time and in accordance with the other terms and conditions of the. Contract Documents, including the General Conditions. 6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and.data with the terms and conditions of the Contract Documents. 6.6 CONTRACTOR has given OWNER written. notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. 6.7 CONTRACTOR has obligated himself/herself to the OWNER to be responsible for the workmanship, labor and materials used in the project for two (2) years after the project has been accepted by the OWNER. 6.8 CONTRACTOR understands that (s)he will be exempt from all sales tax on materials and other items necessary for.the completion of the project. The OWNER has issued him a Certification of Tax Exempt Project enclosed as Exhibit "C" of this Agreement. ARTICLE 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof, and consist of the following: 7.1 This Agreement (pages 1 to 6 inclusive). 7.2 Exhibits. "A ", "B ", "C" and "D° to this Agreement. 7.3 Advertisement for Bids (Section 00100). 7.4 Requirements for Bidders (Section 00110). 7.5 Instructions to Bidders (Section 00120). . 7.6 Bid (Section 00200), 7.7 Bid Bond (Section 00210). 7.8 Bid Affidavits (Section 00220). 7.9 Statement of Bidders Qualifications (Section 00230). 710 Certificate of Non - Discrimination (Section 00240). 7.11 Performance Bond (Section 00410). 7.12 Maintenance Bond (Section 00420). 7.13 Statutory payment Bond (Section 00430). 7.14 Notice of Award (Section 00510). 7.15 Notice to Proceed .(Section 00520). 7.16 Change Order (Section 00600). 7.17 General Conditions (Section 00700). 7.18 Project Specifications (Section 00800). 7.19 Special Provisions (Section 00900). 7.20 Project Drawings, consisting of Sheets I to " inclusive, and Standard Drawings. 7.21 Addendum Numbers — to _, inclusive. 7.22 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _ to _ inclusive). 7:23 Any Modification, including Change. Orders, duly delivered after execution of Agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in the General Conditions). ARTICLE 8. MISCELLANEOUS 8.1 Terms used in this Agreement which are defined in the GeneIrat Conditions shall have the meanings indicated in the General Conditions. 8:2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the. effect of this restriction may be limited by law) and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 OWNER and CONTRACTOR each binds himself/herself,. his /her partners, successors, assigns, and legal representatives. to the other party _hereto, his/her, partners; successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.3 The Agreement (or remaining portions thereof) should continue in effect, be valid and binding upon both parties even if a provision or part of the Contract Documents should be held void or unenforceable by law._ IN WITNESS WI-IEREOP, the parties hereby have signed Ibis Agreement in duplicate. One counterpart has been delivered to CONTRACTOR, the other belongs to OWNER. All portions of the Contract Documents have been signed by OWNER and CONTRACTOR. This Agreement will be effective on May 15 2018 . OWNER: City of Owasso UZ (SEAL) ATTEST: Title Address for giving notices:. CONTRACTOR: Earth Smart Construction, Inc. «,. 13y (SEAL) Title — P Zm—s c D e—j -, j- �� CI U ./ci_ L'yNN ILI -R)n TObS}�i QJI� 74ol45- SECTION 00600 CHANGE ORDER PROJECT: Hales Acres CDBG Project CONTRACT DATE: May 15, 2018 TO CONTRACTOR: Earth Smart Construction, Inc CHANGE ORDER NUMBER: One (1) DATE: May 15, 2018 CONTRACT FOR: Sewer Line Replacement The Contract is changed as follows: Reduce Pipe bursting from Base Bid, summarized as follows: Delete 2,430 L.F. Preconstruction TV Camera Work = ($ 7,654.50) Delete 500 L.F. 12" HDPE Pipe bursting = ($142,500.00) Delete 3- 4" taps, on a 12" HDPE Sewer Line = ($ 3,000.00) Delete 120 LF Privacy Fence Removal/Replacement = ($ 7,800.00) Total ($160,954.50) Not valid until signed by the Owner and Contractor The original Contract Base Bid Sum was $$,474,267.00 Net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $474,267.00 The Contract Sum will -be (used) (decreased) was, by this Change Order in the amount of $160,95450. The new Contract Sum including this Change Order will be $313,312.50 The Contract Time will be k fi *aeasedXAec-reased),(unchanged) by ( ) days The date of Substantial Completion as of the date of this. Change Order therefore is (will be determined at pre - construction. conference). - - NOTE: This summary does not reflect changes in the Contract Sum Time which . have been authorized by Construction Change Directive. Earth Smart Construction Inc City of Owasso CONTRACTOR OWNER 17217 E Marshall St Tulsa OK 74116 200 S. Main ADDRESS ADDRESS Tulsa, OK 74116 Owasso, OK 74055 BY h 9� �f BY PfCSrr�Plvd". �ar�� ,ii+utri Cawfiiif!+�icr : . DATE.- /K.+ 21 20 )8 DATE 0509 CHANGE ORDER 00600 - Page 1 of 1 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 04/28/18 Department Payroll Expenses Total Expenses 105 Municipal Court 6,023.01 8,874.07 110 Managerial 24,689.44 34,861.50 120 Finance 17,543.08 26,016.86 130 Human Resources 8,591.98 13,427.50 160 Community Development 17,993.59 28,267.02 170 Engineering 18,004.15 27,204.48 175 Information Systems 14,408.21 21,848.49 181 Support Services 7,865.35 12,022.72 190 Cemetery 1,273.23 1,934.77 201 Police Grant Overtime 2,264.87 2,294.88 215 Central Dispatch 24,284.26 40,956.25 221 Animal Control 3,738.56 5,582.12 280 Emergency Preparedness 2,115.38 3,373.38 370 Stormwater /ROW Maint. 6,454.83 9,380.23 515 Park Maintenance 7,868.36 12,486.54 520 Culture /Recreation 7,954.84 12,526.03 550 Community- Senior Center 4,778.30 6,572.73 580 Historical Museum 664.40 745.98 710 Economic Development 3,446.85 5,192.57 General Fund Total 179,962.69 273,568.12 185 Garage Fund Total 7,301.57 11 663.52 255 Ambulance Fund Total 553.85 621.86 250 Fire Fund 37 Total 165,639.40 245,670.14 201 Police Fund 38 Total 151,216.99 228,618.88 300 Streets Fund 39 Total 15,002.31 25,079.00 370 Stormwater Fund 27 Total 2,105.01 3,287.87 150 Worker's Compensation Total 7,379.39 8,785.41 720 Strong Neighborhoods Total 3,891.76 5,669.45 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE 4789 AS OF 5110118 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE ADMIN FEES ADMIN FEES DENTAL DEPT TOTAL HEALTHCARE SELF INSURANCE FUND TOTAL AMOUNT 44,070.99 31,647.90 29,775.96 105,494.85 2,332.50 5,348.16 2,644.70 2,640.88 12,966.24 118,461.09 CITY OF OWASSO GENERAL FUND & HALF -PENNY SALES TAX FISCAL YEAR 2017 -2018 Budgetary Basis Statement of Revenues & Expenditures As of April 30, 2018 MONTH YEAR PERCENT TO -DATE TO -DATE BUDGET OF BUDGET REVENUES: Taxes $ 2,460,499 $ 26,525,791 $ 31,201,390 - 85.01% Licenses & permits 33,742 154,591 195,305 79.15% Intergovernmental 81,353 868,193 1,138,149 76.28% Charges for services 66,689 602,766 808,522 74.55% Fines & forfeits 35,362 391,340 610,007 64.15% Other 9,687 138,200 146,478 94.35% TOTAL REVENUES $ 2,687,331 $ 28,680,881 $ 34,099,851 84.11% EXPENDITURES: Personal services $ (1,408,308) $ (14,690,663) $ (19,338,693) 75.97% Materials & supplies (66,368) (721,682) (1,226,829) 58.82% Other services (98,443) (1,693,364) (2,481,780) 68.23% Capital outlay (32,032) (314,657) (2,933,957) 10.72% TOTAL EXPENDITURES $ (1,605,150) $ (17,420,366) $ (25,981,259) 67.05% REVENUES OVER EXPENDITURES $ 1,082,181 $ 11,260,515 $ 8,118,591 TRANSFERS IN (OUT): Transfers in - Sales Tax $ 1,288,920 $ 13,392,547 $ 15,703,154 85.29% Transfers out - RAN Financing - (169,966) (169,967) 0.00% Transfers out (1,990,624) (20,965,886) (25,077,439) 83.60% TOTAL TRANSFERS $ (701,705) $ (7,743,305) $ (9,544,252) 81.13% NET INCOME (LOSS) $ 380,476 $ 3,517,209 $ (1,425,661) ENCUMBRANCES OUTSTANDING $ (2,038,944) FUND BALANCE (Budgetary Basis) Beginning Balance 6,324,495 6,324,495 Ending Balance $ 7,802,760 $ 4,898,834