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HomeMy WebLinkAbout2019.03.19_City Council AgendaRECEIVED PUBLIC NOTICE OF THE MEETING OF THE MAR 15 2019 OWASSO CITY COUNCIL City Clerk's Office Council Chambers, Old Central Building 109 North Birch, Owasso, OK 74055 Regular Meeting Tuesday, March 19, 2019 - 6:30 pm 1. Call to Order Mayor Chris Kelley 2. Invocation Pastor Alvin Fruga of the Presence in Owasso 3. Flag Salute 4, Roll Call 5. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (Ail 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 • March 5, 2019, Regular Meeting • March 12, 2019, Regular Meeting B. Approve claims C. Accept public infrastructure improvements located at Garrett Creek Commercial Phase II, including 1,114 linear feet of 8" PVC sewer line and all appurtenances D. Accept a donation from the Owasso Golden Agers Foundation and approve a budget amendment in the General Fund increasing revenues and the appropriation for expenditures in the Community Center Department by $1,168.26 E. Approve a budget amendment in the General Fund increasing revenues and the appropriation for expenditures in the Community Center Department by $1,754.58. F. Approve the Multi- Service Agreement between AT &T and the Regional 9 -1 -1 Board and authorize the Mayor to execute the agreement G. Declare the listed vehicles and equipment as surplus to the needs of the City and authorize disposal via auction: 1974 Ford Dump (Y902VT34239) 1983 Ford C -800 Fire (1 FDPC80K5DVA29827) 1988 Ford Ambulance (converted) (1 FDKE30MXJHB51618) 1993 Chevy C25 SW Suburban (1 GNGC26KPJl 7020) 1994 Chevy Fleetside (1GCEC14Z6RXZ273500) 1994 Chevy Blazer (1GNDT13WXR0152127) 1996 Ford Crown Victoria (2FALP71 W3TX155593) 1996 Dodge Ram 1/2 -ton (1 B7HC16Y5TJ201159) 1997 International Trash (1HTSHADR4VH453081) 1997 International 490 (1 HTSDAAR4VH461651) 1998 Chevy 3/4 -ton (1 GCGC24RXWE209428) 1999 Dodge Ram 1500 (1 B7HC I SZ5X5287808) 1999 Ford Crown Victoria (2FAFP7IWXXX108015) 1999 Dodge 1500 1/2 Ton (1 B7HC16Y9X5306643) 1999 Dodge 2500 (3B7KC26Z5XM551050) Owasso City Council March 19, 2019 Page 2 2000 2000 2001 2001 2002 2002 2002 2002 2003 2003 2005 2006 2006 2006 2006 2007 2007 2007 2008 2008 2008 2008 2009 2009 2009 Chevy Chevy Chevy Ford Chevy Chevy Ford Chevy 4WD CraneCarrier Crane Carrier International Ford Ford Ford Ford Ford Ford Crane Carrier Ford Ford Ford Ford Ford Ford Ford Impala Impala Impala Escape C3500 C3500 Explorer Silverado C3500 Unknown PLDT2 -40 Trash - McNeilus Crown Victoria Crown Victoria Crown Victoria Crown Victoria Crown Victoria Crown Victoria LDT2 CVP 4D CVP 4D CVP 4D X21H F250 Crown Victoria Crown Victoria Crown Victoria Unknown Ford Backhoe 555D Equipment: 1993 Generac Generator 93A0339 -5 1995 Generac Generator 95A02321 -5 1995 Generac Generator MA12 (2G 1 W F55K5Y9274739) (2G 1 W F55K8Y9299943) (2G 1 W F55K719313725) (1 FMYU02B71 KB42045) (1 GBJK341 X2E265277) (1 GBJK34142E257448) (1 FMZU73W92UB87055) (1 GBJK34G92E234512) (1 CYCAK4843T045921) (1 CYCCK4873T045650) (1 HTHGADT25J032792) (2FAFP71 W46X163882) (2FAFP71W66X163883) (2FAFP71 WX6X163885) (2FAHP71 W06X159532) (2FAFP71 WI 7XI 59628) (2FAFP71 W37X115839) (1 CYCCK4807T047830) (2FAFP71 V58XI 41836) (2FAFP71V78X141837) (2FAFP71V38X141835) (I FTSX21 R48EA62528) (2FAHP71V59X109141) (2FAHP71V39X109140) (2FAHP71V79X109142) Unreadable 2003 Kohler Generator 20RZ Unknown McGraw- Edison Generator 100 /ODYC -15R (2008902) (2020664) (305969A) (768623) (1840728248) 6. Consideration and appropriate action relating to items removed from the Consent Agenda 7. Consideration and appropriate action relating to an Economic Development Incentive Policy Chelsea Levo Feary Staff recommends approval of the Economic Development Incentives Policy Statement (Policy 03- 2019). 8. Consideration and appropriate action relating to Resolution 2019 -10, requesting assistance from the Tulsa County Community Development Block Grant (CDBG) Urban County Program, approving an application identifying the installation of new sanitary sewer lines in the Hale Acres subdivision as the preferred project for the FY 2019 funding cycle, and authorizing the Mayor to execute all related documents Brian Dempster Staff recommends approval of Resolution 2019 -10. Owasso City Council March 19, 2019 Page 3 Consideration and appropriate action relating to Ordinance 1147, for the annexation of approximately 20 acres located south of East 76th Street North and east of North 154th East Avenue and rezoning from RS -20 (Residential Single - Family Medium) to RS -3 (Residential Single Family High Density) as referenced in application OA 19 -01 and OZ 19 -01 Morgan Pemberton Staff recommends approval of Ordinance 1147, 10. Consideration and appropriate action relating to the Final Plat for Centennial Park Apartments, located at 14696 East 881h Place North, south of the Villas at Preston Lakes Morgan Pemberton Staff recommends approval of the Final Plat for Centennial Park Apartments, 11. Consideration and appropriate action relating to the Final Plat for Mingo Crossing, located on the east side of North 97th East Avenue (North Mingo Road) and south of East 106th Street North Morgan Pemberton Staff recommends approval of the Final Plat for Mingo Crossing. 12. Consideration and appropriate action relating to the purchase of police vehicles Scott Chambless Staff recommends approval to purchase police vehicles from Jim Glover Chrysler Dodge Jeep Ram Fiat of Owasso, Oklahoma, utilizing State of Oklahoma approved contract pricing, as follows: • 2 Dodge Chargers in an amount not to exceed $23,767 per vehicle ( #SW35 -4569) • 2 Dodge Durangos in an amount not to exceed $31,721 per vehicle ( #SW35 -4569) 13. Consideration and appropriate action relating to the purchase a tractor and implements for Fire Station No. 4 Mark Stuckey Staff recommends approval to purchase a tractor and implements for Fire Station No. 4, from Stewart Martin Equipment of Okmulgee, Oklahoma, utilizing the State of Oklahoma approved contract pricing #SW196, and authorization for payment in an amount not to exceed $33,825. 14. Consideration and appropriate action relating to right of way and easement acquisition for the East 116th Street North Roadway Improvement Project from North Garnett Road to North 129th East Avenue Roger Stevens Staff recommends approval of an agreement with Cross Timbers Ranch, LLC, for the acquisition of right -of -way, easement, and compensation for damages in the amount of $125,925.10 and authorization for payment. 15. Report from City Manager 16. Report from City Attorney 17. Report from City Councilors Owasso City Council March 19, 2019 Page 4 18. Official Notices to Council (documents for acknowledgment of receipt or information only, no discussion or action will be taken) • Payroll Payment Report- Pay Period Ending Date 03/02/19 • Health Care Self- Insurance Claims - dated as of 3/14/19 • Monthly Budget Status Report - February 2019 19. New Business (New Business Is any item of business which could not have been foreseen at the time of posting of the agenda) 20. Adjournment Notice of Public Meeting filed in the office of the City Clerk on December 14, 2018, and the Agenda posted at City Hall, 200 South Main Street, at 6:00 pm on Friday, March 15, 2019. J iann M. Stevens, Ci y Clerk 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 istevens@citvofowosso.com OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, March 5, 2019 The Owasso City Council met in regular session on Tuesday, March 5, 2019, in the Council Chambers at Old Central, 109 North Birch, Owasso, Oklahoma per the Notice of Public Meeting filed December 14, 2018, and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 6:00 pm on Friday, March 1, 2019. 1. Call to Order Mayor Chris Kelley called the meeting to order at 6:30pm. 2. Invocation The Invocation was offered by Pastor Scott Mitchell of Trinity Presbyterian Church. 3. Flag Salute Councilor Bush led the flag salute. 4. Roll Call Present Absent Mayor - Chris Kelley None Vice Mayor- Bill Bush Councilor- Doug Bonebrake Councilor - Lyndell Dunn Councilor- Kelly Lewis A quorum was declared present. Staff: City Manager - Warren Lehr City Attorney - Julie Lombardi 5. Presentation of Character Trait Of Patience Michele Dempster, Character Council Member, presented the character trait for the month of March. 6. Presentation of Proclamation The Mayor presented a proclamation declaring March as Owasso Strong Neighborhood Initiative Month in recognition of the ten year anniversary of the program. 7. Annual Report of the Owasso Strong Neighborhood Initiative Jerry Fowler presented the Owasso Strong Neighborhood Initiative Annual Report. Discussion was held. 8. 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 • February 19, 2019, Regular Meeting B. Approve claims Mr. Bush moved, seconded by Mr. Bonebrake to approve the Consent Agenda as presented with claims, totaling $800,000.08. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 Owasso City Council March 5, 2019 Page 2 9. and appropriate action relating to items removed from the Consent Agenda None 10. Consideration and appropriate action relating to Resolution 2019 -05, declaring Pinnacle Performance to be a nuisance and authorizing the filing of an action in the Tulsa County District Court to abate such nuisance Mayor Kelley presented the item and opened the floor for comments. Alex Sokolosky with Crowe & Dunlevy, Mike Mayopoulos with Pinnacle Performance, Ryan Byrd with Infinity Investigations, Bill Willson with Infinity Investigations, and Keith Wilkes with Hall Estill addressed the Council. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn to table the item until the April 2, 2019, regular meeting. YEA: Bonebrake, Dunn, Kelley NAY: Bush, Lewis Motion carried: 3 -2 11. PUBLIC HEARING- The City Council will conduct a public hearing for the purpose of receiving citizen input relating to proposed projects for the 2019 Community Development Block Grant (CDBG) Karl Fritschen presented the item. At 7:49 pm, the Mayor opened the Public Hearing for comment. One citizen provided a comment. At 7:50 pm, the Mayor closed the Public Hearing. 12. Consideration and appropriate action relating to Resolution 2019 -06, amending the list of capital improvement projects eligible for funding from the Capital Improvements Fund to include the purchase of a 62.55 acre tract of land located at 11301 North Mingo Road and at 1000 East 116th Street North Teresa Willson presented the item, recommending approval of Resolution 2019 -06. There were no comments from the audience. After discussion, Mr. Bush moved, seconded by Mr. Bonebrake to approve Resolution 2019 -06, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 13. Consideration and appropriate action relating to an Agreement for Engineering Services for the Tributary SA Stormwater Improvement Project Dwayne Henderson presented the item, recommending an Agreement for Engineering Services with Meshek and Associates, LLC, of Tulsa, Oklahoma, in the amount of $28,300 for the engineering design of the Tributary 5A improvements, to include permits associated with FEMA, and authorization for the Mayor to execute the agreement. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Ms. Lewis to approve the agreement and authorize the Mayor to execute the agreement, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 Owasso City Council March 5, 2019 Page 3 14. Consideration and appropriate action relating to Resolution 2019 -07, authorizing the sale of certain real property owned by the City of Owasso and instituting a process for the sale of such property located at the northeast corner of East 96th Street North and North Mingo Road Julie Lombardi presented the item, recommending approval of Resolution 2019 -07. There were no comments from the audience. After discussion, Mr. Dunn moved, seconded by Ms. Lewis to approve Resolution 2019 -07, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 15. Consideration and appropriate action relating to Resolution 2019 -08, authorizing the sale of certain real property owned by the City of Owasso and instituting a process for the sale of such property located at the northeast corner of East 106th Street North and North Mingo Road Julie Lombardi presented the item, recommending approval of Resolution 2019 -08. There were no comments from the audience. Ms. Lewis moved, seconded by Mr. Bush to approve Resolution 2019 -08, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 16. Consideration and appropriate action relating to Resolution 2019 -09, authorizing the sale of certain real property owned by the City of Owasso and instituting a process for the sale of such property located south of East 1061h Street North and east of US 169 Julie Lombardi presented the item, recommending approval of Resolution 2019 -09. There were no comments from the audience. After discussion, Ms. Lewis moved, seconded by Mr. Bonebrake to approve Resolution 2019 -09, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 17. Report from City Manager • Monthly Public Works Project Status Report Warren Lehr introduced Roger Stevens to provide the monthly Public Works project status report and discussion was held. Mr. Lehr reported on the Owasso High School Career Exploration information night to be held March 14, 2019, and the promotion of Brian Dempster to Community Development Director. 18. Report from City Attorney None 19. Report from City Councilors Councilor Bonebrake commented on the 2019 Neighborhood Association Workshop. Mayor Kelley reported that Larry Langford will be the monthly luncheon speaker at the Owasso Chamber of Commerce. Councilor Lewis reported on Tulsa One Voice at the Capitol. Councilor Dunn reported on his tour of the Police Station. 20. Official Notices to Council (documents for acknowledgment of receipt or information only, no discussion or action will be taken) The Mayor acknowledged receipt of the following items: • Payroll Payment Report - Pay Period Ending Date 2/16/19 • Health Care Self- Insurance Claims - dated as of 02/28/19 • Redbud Festival Park, Change Order No. 6 in the amount of $15,727.54 Owasso City Council March 5, 2019 Page 4 21. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) None 22. Adjournment Mr. Bonebrake 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 8:34 pm. Chris Kelley, Mayor Juliann M. Stevens, City Clerk OWASSO CITY COUNCIL, PUBLIC WORKS AUTHORITY, AND PUBLIC GOLF AUTHORITY MINUTES OF JOINT REGULAR MEETING Tuesday, March 12, 2019 The Owasso City Council, Owasso Public Works Authority (OPWA), and Owasso Public Golf Authority (OPGA) met in a joint regular meeting on Tuesday, March 12, 2019, in the Council Chambers at Old Central, 109 North Birch Street, Owasso, Oklahoma, per the Notice of Public Meeting filed December 14, 2018, and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 6:00 pm on Friday, March 8, 2019. 1. Call to Order /Roll Call Mayor /Chair Chris Kelley called the meeting to order at 6:00 pm. Present Mayor /Chair - Chris Kelley Vice Mayor /Vice Chair - Bill Bush Councilor /Trustee - Doug Bonebrake Councilor /Trustee - Lyndell Dunn A quorum was declared present. Absent Councilor /Trustee - Kelly Lewis Mayor Kelley announced that items #4 and 5 would be discussed prior to items #2 and 3. 2. Discussion relating to Economic Development Department items A. Proposed Incentive Policy B. Choose Owasso Website Chelsea Levo Feary presented the items and discussion was held. It was further explained that item 2A would be placed on the March 19, 2019, City Council agenda for consideration and action. 3. Discussion relating to Community Development items A. Annexation OA 19 -01 and Rezoning OZ 19 -01, south of East 76th Street North and east of North 145th East Avenue B. Final Plat - Centennial Park Apartments, 14696 East 88th Place North, south of the Villas at Preston Lakes C. Final Plat - Mingo Crossing, east side of North 97th East Avenue (North Mingo Road), south of East 106th Street North Brian Dempster and Morgan Pemberton presented the items and discussion was held. It was further explained that each item would be placed on March 19, 2019, City Council agenda for consideration and action. 4. Discussion relating to the annual review of the 5 -year Utility Rate Plan Linda Jones and Jennifer Newman presented the item and discussion was held. 5. Discussion relating to Owasso Public Works Authority capital project financing Linda Jones and Ben Oglesby, with Municipal Finance Services, Inc. presented the item and discussion was held. It was further explained that a Resolution authorizing contracts with Municipal Finance Services, Inc. and The Public Finance Law Group, PLLC, for professional services related to preparing documents needed to file application with the Oklahoma Water Resources Board (OWRB) for financing certain water and wastewater system improvements would be placed on the March 19, 2019 OPWA agenda for consideration and action. 6. Discussion relating to the Multi- Service Agreement between AT&T and the Regional 9 -1.1 Board Larry White presented the item and discussion was held. It was further explained that the item would be placed on March 19, 2019, City Council consent agenda for consideration and action. Owasso City Council, OPWA & OPGA March 12, 2019 Page 2 7. Discussion relating to the evaluation process and employment contracts for the City Manager and City Attorney Michele Dempster presented the item and discussion was held. It was further explained that this item would be placed on the May 14, 2019, Work Session agenda as an Executive Session for additional discussion. 8. Discussion relating to Part 3, Alcoholic Beverages, Taxation, and Regulation, and Part 9, Licensing and Business Regulations, Chapter 5, License for the Sale and Serving of Alcohol and 3.2 Beer, of the Owasso Code of Ordinances Julie Lombardi and Juliann Stevens presented the item and discussion was held. It was further explained that this item would be placed on the April Work Session agenda for additional discussion. 9. Discussion relating to City Manager items • Monthly sales tax report • Various vehicles to be declared surplus • Alarm Reduction Program • City Managers Report Jennifer Newman presented the monthly sales tax report. Chris Garrett presented various vehicles to be declared surplus and discussion was held. It was further explained that the item would be placed on the March 19, 2019, City Council consent agenda for consideration and action. Scott Chambless presented a status report on the Alarm Reduction Program and discussion was held. Warren Lehr reported on the 2019 Economic Summit and the OU Place Making Conference. 10. Discussion relating to the Mayor /Chair Elections Process Mayor /Chair Chris Kelley presented the item and discussion was held. 11. City Councilor /Trustee comments and inquiries None 12. Adjournment The meeting adjourned at 8:26pm. Chris Kelley, Mayor /Chair Juliann M. Stevens, City Clerk Fund 01 Claims List - 3/19/2019 Vendor Name GENERAL AT &T AT &T BLUE ENERGY FUELS, LLC CITY GARAGE FLEETCOR TECHNOLOGIES OKLAHOMA TRAILER SALES INC TREASURER PETTY CASH VERIZON WIRELESS Payable Description Payment Amount CONSOLIDATED PHONE $28.83 LONG DISTANCE PHONE $1.05 CNG FUEL PURCHASES - FEB, $10.42 LABOR/OVERHEAD - MARCH, 2 $146.08 FUELMAN EXPENSES - FEB, 2 $98.10 AC TRAILER $3,619.00 VEH TAG REPLACEMENT $9.00 WIRELESS CONNECTION $80.02 GEN ANIMAL CONTROL -Total $3,992.50 VERDIGRIS VALLEY ELECTRIC COOP CEMETERY ELECTRIC $40.06 GEN CEMETERY -Total - $40.06 AT &T CONSOLIDATED PHONE $45.16 GRAND GATEWAY ECO. DEV. ASSC. SENIOR RIDES FEB $151.00 GEN COMMUNITY CENTER -Total $196.16 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES - FEB, $61.47 CITY GARAGE LABOR/OVERHEAD - MARCH, 2 $572.08 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - FEB, 2 $148.67 JPMORGAN CHASE BANK ACADEMY -BOOTS $108.91 JPMORGAN CHASE BANK BGRTECH -BOOKS $64.99 JPMORGAN CHASE BANK BUILDERS BOOK -BOOKS $74.90 JPMORGAN CHASE BANK ICC -EXAM $209.00 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES $10.02 TREASURER PETTY CASH FILING FEES $26.00 TREASURER PETTY CASH PARKING FEE $2.00 TULSA COUNTY CLERK LIEN FILING $65.00 VERIZON WIRELESS WIRELESS CONNECTION $122.50 GEN COMMUNITY DEVELOPMENT - Total $1,465.54 JPMORGAN CHASE BANK LYMANPRINTING -STAMP $67.95 GEN CULTURE & RECREATION -Total $67.95 GOVERNOR'S ECONOMIC DEVELOPMENT DUES $500.00 JPMORGAN CHASE BANK ADOBE- SUBCRIPTION $599.88 JPMORGAN CHASE BANK IEDC -MEMB DUES $435.00 JPMORGAN CHASE BANK MEETING EXPENSE $31.14 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $92.48 JPMORGAN CHASE BANK OK NEWS -SUB FEE $0.99 JPMORGAN CHASE BANK WALMART- SUPPLIES $15.78 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN ECONOMIC DEV -Total $1,715.28 AT &T CONSOLIDATED PHONE $16.33 AT &T LONG DISTANCE PHONE $4.21 1 Fund 01 GENERAL Claims List - 3/19/2019 Vendor Name Payable Description Payment Amount CITY GARAGE VEHICLE PARTS PURCH - FEB $186.07 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - FEB, 2 $17.32 VERDIGRIS VALLEY ELECTRIC COOP STORM SIREN ELECTRIC $93.84 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN EMERG PREPAREDNESS -Total $357.78 CITY GARAGE LABOR/OVERHEAD - MARCH, 2 $481.00 CLEAN UNIFORM COMPANY UNIFORM SERVICE $26.14 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - FEB, 2 $217.95 JPMORGAN CHASE BANK GRAPHIC RES- SUPPLIES $1,178.68 UNITED STATES CELLULAR CORPORATION PW CELL PHONES $36.71 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN ENGINEERING -Total $1,980.49 CITY GARAGE LABOR/OVERHEAD - MARCH, 2 $207.75 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - FEB, 2 $1527 JPMORGAN CHASE BANK AMAZON- FRAMES $39.18 RSM US LLP PROFESSIONAL FEES -AUDIT $1,000.00 TREASURER PETTY CASH APPLICATION FEE $20.00 TREASURER PETTY CASH MILEAGE REIMS $102.13 GEN FINANCE -Total $1,384.33 AMERICANCHECKED, INC ATTN: BILLING BACKGROUND CHECKS $23.10 AT &T CONSOLIDATED PHONE $666.88 AT &T LONG DISTANCE PHONE $29.60 GRAND GATEWAY ECO. DEV. ASSC. PELIVAN TRANSIT $5,100.00 IMPERIAL LLC COFFEE SERVICE $10730 MAILROOM FINANCE INC POSTAGE $1,000.00 MCAFEE & TAFT LEGAL PERSONNEL $2,333.41 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $2,024.30 RICOH USA, INC COPIER RENTAL $199.49 TULSA COUNTY ELECTION BOARD ELECTION INVOICE $6,561.04 GEN GENERAL GOVERNMENT -Total $18,045.62 AT &T CONSOLIDATED PHONE $16.33 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $185.22 GEN HISTORICAL MUSEUM -Total $201.55 AMERICANCHECKED, INC ATTN: BILLING BACKGROUND CHECKS $380.55 JPMORGAN CHASE BANK FACEBOOK- ADVERTISING $200.00 JPMORGAN CHASE BANK ICIMS -APP SYSTEM $300.00 JPMORGAN CHASE BANK LOT A- PARKING $8.00 JPMORGAN CHASE BANK OFFICE DEPOT -CHAIR MA $79.99 JPMORGAN CHASE BANK STRATA- CHARACTER MAG $992.06 TULSA EMERGENCY MEDICAL CENTER DRUG TESTING $25.00 FA - Claims List - 3/19/2019 Fund Vendor Name Payable Description Payment Amount 01 GENERAL GEN HUMAN RESOURCES -Total CONSOLIDATED PHONE $1,985.60 AT &T CONSOLIDATED PHONE $23.62 AT &T MOBILITY PUBLIC SAFETY WIRELES $279.67 CITY GARAGE LABORIOVERHEAD - MARCH, 2 $86.00 VERIZON WIRELESS WIRELESS CONNECTION $120.03 GEN INFORMATION TECH -Total PARKS STAFF UNIFORMS $509.32 CITY GARAGE LABOR(OVERHEAD - MARCH, 2 $78.42 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - FEB, 2 $20.65 JPMORGAN CHASE BANK INTERSTATE - BATTERIES $12.10 - JPMORGAN CHASE BANK MEETING EXPENSE $36.00 GEN MANAGERIAL -Total ATWOODS -BOOTS $147.17 YOUTH SERVICES OF TULSA YOUTH COURT $8,250.00 GEN MUNICIPAL COURT -Total $8,250.00 AT &T CONSOLIDATED PHONE $25.01 AT &T LONG DISTANCE PHONE - $0.11 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES - FEB, $117.80 CITY GARAGE LABORIOVERHEAD - MARCH, 2 $1,484.08 CITY GARAGE VEHICLE PARTS PURCH - FEB $513.18 CLEAN UNIFORM COMPANY PARKS STAFF UNIFORMS $27.66 DALE & LEES SERVICE, INC SERVICE $280.00 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - FEB, 2 $301.64 FREDERICK SOMMERS & WESTERN SIGN SPORTS PARK SIGNAGE $4,584.00 CO JPMORGAN CHASE BANK ATWOODS -BOOTS $189.98 JPMORGAN CHASE BANK ATWOODS -PARTS $41.96 JPMORGAN CHASE BANK ATWOODS- UNIFORM $112.99 JPMORGAN CHASE BANK C &C SPLY- SUPPLIES $390.75 JPMORGAN CHASE BANK CORNERSTONE -CHAIN $110.00 JPMORGAN CHASE BANK CORNERSTONE -PARTS $16.99 JPMORGAN CHASE BANK CORNERSTONE - RETURN ($124.71) JPMORGAN CHASE BANK CORNERSTONE - SUPPLIES $36.53 JPMORGAN CHASE BANK LOWES- RETURN ($6.28) JPMORGAN CHASE BANK LOWES -ROCK $26.94 JPMORGAN CHASE BANK LOWES - SUPPLIES $109.54 JPMORGAN CHASE BANK LOWES -TOOLS $9.97 JPMORGAN CHASE BANK MAXWELL- SUPPLIES $98.82 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $91.65 PROTECTION ONE ALARM MONITORING PARKS OFFICES ALARM SYSTE $73.94 INC VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN PARKS -Total $8,552.56 3 Claims List - 3/19/2019 Fund Vendor Name Payable Description Payment Amount 01 GENERAL AT &T CONSOLIDATED PHONE $326.12 DEPARTMENT OF PUBLIC SAFETY OLETS $130.00 GEN POLICE COMMUNICATIONS -Total $456.12 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES - FEB, $429.98 CITY GARAGE LABOR/OVERHEAD - MARCH, 2 $2,995.83 CITY GARAGE VEHICLE PARTS PURCH - FEB $392.07 CLEAN UNIFORM COMPANY UNIFORM SERVICE $22.38 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - FEB, 2 $918.59 JPMORGAN CHASE BANK LOWES -CHAIN $28.48 JPMORGAN CHASE BANK LOWES- SHOVELS $47.96 JPMORGAN CHASE BANK OREILLY-OIUFILTERS $43.19 JPMORGAN CHASE BANK OREILLY -SPARK PLUGS $11.97 JPMORGAN CHASE BANK TIMMONS -FUEL $451.38 VERIZON WIRELESS WIRELESS CONNECTION $80.02 GEN STORMWATER -Total $5,421.85 AT &T CONSOLIDATED PHONE $47.25 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES - FEB, $79.32 CITY GARAGE LABOR/OVERHEAD - MARCH, 2 $591.08 CLEAN UNIFORM COMPANY UNIFORM RENTAL FEES - FEB $19.76 JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES $28.99 JPMORGAN CHASE BANK LOCKE- FILTER $22.97 JPMORGAN CHASE BANK LOWES - SUPPLIES $131.92 JPMORGAN CHASE BANK MURPHY - SUPPLIES $73.68 MCINTOSH CORPORATION GAS LEAK REPAIR SVCS CITY $6,169.53 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN SUPPORT SERVICES -Total $7,204.51 AEP /PSO STREET LIGHTS $8.67 TREASURER PETTY CASH CC REFUND - BUTLER $50.00 TREASURER PETTY CASH CC REFUND- HENDRICKS $100.00 TREASURER PETTY CASH CC REFUND -KIRK $50.00 TREASURER PETTY CASH CC REFUND- MILLER $50.00 TREASURER PETTY CASH CC REFUND - WALKER $100.00 TREASURER PETTY CASH OC REFUND -BIBLE CHURC $400.00 GENERAL -Total $758.67 GENERAL -Total $62,733.06 20 AMBULANCE SERVICE CITY GARAGE LABORIOVERHEAD - MARCH, 2 $1,476.92 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - FEB, 2 $2,185.37 JPMORGAN CHASE BANK BOUND TREE - SUPPLIES $46825 JPMORGAN CHASE BANK FULLERTON- SUPPLIES $25.50 JPMORGAN CHASE BANK LODGING EXPENSE $551.40 0 Fund 20 AMBULANCE SERVICE Claims List - 3/19/2019 Vendor Name JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK VERIZON WIRELESS Payable Description Payment Amount OSU- TRAINING $1,249.50 S ANESTHESIA - SUPPLIES $359.97 SUMMIT- REPAIR $858.48 TRAVEL EXPENSE $120.82 UPS - POSTAGE $43.78 ZOLL- SUPPLIES $1,995.78 WIRELESS CONNECTION $40.01 AMBULANCE -Total AMBULANCE SERVICE -Total $9,375.78 TREASURER PETTY CASH SR AMB DISC - HENDERSON $20.40 TREASURER PETTY CASH SR AMB DISC - HOLDER $20.40 TREASURER PETTY CASH SR AMB DISC - PATTERSON $20.40 TREASURER PETTY CASH SR AMB DISC- PORTMAN $20.40 TREASURER PETTY CASH SR AMB DISC - WILBANKS $20.40 TREASURER PETTY CASH SR AMB DISC- WILKERSON $20.40 5 AMBULANCE SERVICE -Total $122.40 AMBULANCE SERVICE •Total $9498.18 21 E -911 AT &T MO FEE T -1 CIRCUITS RADIO $959.10 E911 COMMUNICATIONS •Total $959.10 E -911 -Total $959.10 25 HOTEL TAX GOVERNOR'S ECONOMIC DEVELOPMENT FEE $125.00 JPMORGAN CHASE BANK LODGING EXPENSE $139.65 JPMORGAN CHASE BANK OLD URBAN - TROLLEY $4,100.00 JPMORGAN CHASE BANK SOUTHWEST- AIRFARE $175.96 JPMORGAN CHASE BANK TRAVELEXPENSE $197.64 JPMORGAN CHASE BANK TULSA CHAMBER -DUES $17,500.00 JPMORGAN CHASE BANK WEIHAAS- WEBSITE $1,800.00 HOTEL TAX ECON DEV - Total $24,038.25 CITY GARAGE LABORIOVERHEAD - MARCH, 2 $164.00 JPMORGAN CHASE BANK MEETING EXPENSE $12.00 STRONG NEIGHBORHOODS -Total $176.00 HOTELTAX -Total $24,214.25 27 STORMWATER MANAGEMENT MESHEK & ASSOCIATES, P.L.C. ENGINEERING SERVICES - EL $9,945.67 ELM CREEK PARK - Total $9,945.67 CLEAN UNIFORM COMPANY UNIFORM SERVICE $7.72 JPMORGAN CHASE BANK STANDARD SPLY -MOWER $10,400.00 MESHEK & ASSOCIATES, P.L.C. ENGINEERING SERVICES - MI $1,373.75 UNITED STATES CELLULAR CORPORATION PW CELL PHONES $36.71 VERIZON WIRELESS WIRELESS CONNECTION $40.01 STORMWATER- STORMWATER -Total $11,858.19 5 Claims List - 3119/2019 Fund Vendor Name Payable Description Payment Amount 27 STORMWATER MANAGEMENT -Total 34 VISIONTAX $21,803.86 31 AMBULANCE CAPITAL TREASURER PETTY CASH SR AMB DISC- HENDERSON $3.60 TREASURER PETTY CASH SR AMB DISC - HOLDER $3.60 TREASURER PETTY CASH SR AMB DISC - PATTERSON $3.60 TREASURER PETTY CASH SR AMB DISC - PORTMAN $3.60 TREASURER PETTY CASH SR AMB DISC- WILBANKS $3.60 TREASURER PETTY CASH SR AMB DISC- WILKERSON $3.60 AMBULANCE CAPITAL -Total AT &T $21.60 JPMORGAN CHASE BANK ZOLL -EQUIP $145,330.67 AMBULANCE CAPITAL FD -Total $2.28 $145,330.67 AMBULANCE CAPITAL -Total $145,352.27 34 VISIONTAX BKL INCORPORATED ENGINEERING SERVICES - E $9,260.42 VSN RECAP 96TH /119 -129TH -Total $9,260.42 SEVEN C'S ENTERPRISES, INC ROW CONSULTING SERVICES - $13,400.00 VSN RECAP GARNETT TO 129 - Total $13,400.00 VISION TAX -Total $22,660.42 37 SALES TAX FIRE AT &T CONSOLIDATED PHONE $75.04 AT &T LONG DISTANCE PHONE $2.28 BERT PARSONS SECOND GENERATION DOOR LOCK $162.50 CITY GARAGE LABORIOVERHEAD - MARCH, 2 $2,459.08 CITY GARAGE VEHICLE PARTS PURCH - FEB $3,524.65 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - FEB, 2 $2,288.79 JPMORGAN CHASE BANK ACCURATE- REPAIR $39.90 JPMORGAN CHASE BANK ADVANCE AUTO -PARTS $26.78 JPMORGAN CHASE BANK AMAZON- REFUND ($65.17) JPMORGAN CHASE BANK AMAZON- WINDOW LOCK $8.84 JPMORGAN CHASE BANK AMERICAN - AIRFARE $24.76 JPMORGAN CHASE BANK ATWOODS -CARGO STRAPS $12.99 JPMORGAN CHASE BANK BUMP2BUMP- REPAIR $21.23 JPMORGAN CHASE BANK CONRAD -PPE $225.20 JPMORGAN CHASE BANK ELEARNING AMER- TRAINI $132.00 JPMORGAN CHASE BANK EMTEC -PEST CONTROL $85.00 JPMORGAN CHASE BANK ENTERPRISE - RENTAL $248.24 JPMORGAN CHASE BANK EQUIP ONE - RENTAL $154.00 JPMORGAN CHASE BANK FISDAP- TRAINING FEE $120.75 JPMORGAN CHASE BANK FMAO - TRAINING FEE $35.00 JPMORGAN CHASE BANK HOME DEPOT- SUPPLIES $57.32 JPMORGAN CHASE BANK LOCKE- MATERIALS $15.07 JPMORGAN CHASE BANK LODGING EXPENSE $97.76 JPMORGAN CHASE BANK LOWES- REFUND ($20.94) C Claims List - 3/19/2019 Fund Vendor Name Payable Description Payment Amount 37 SALES TAX FIRE JPMORGAN CHASE BANK LOWES- SUPPLIES $20.94 JPMORGAN CHASE BANK LOWES -TOTES $17.94 JPMORGAN CHASE BANK MENS WAREHOUSE- UNIFOR $724.21 JPMORGAN CHASE BANK NAFECO -PPE $334.40 JPMORGAN CHASE BANK OREILLY- BATTERY CHARG $149.99 JPMORGAN CHASE BANK OREILLY -DEF FLUID $52.00 JPMORGAN CHASE BANK OREILLY- SUPPLIES $64.95 JPMORGAN CHASE BANK PIKEPASS -FEES $27.00 JPMORGAN CHASE BANK SAMS- SUPPLIES $58.54 JPMORGAN CHASE BANK SUPPLYWORKS- SUPPLIES $10.50 JPMORGAN CHASE BANK TRAVEL EXPENSE $181.52 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $1,483.26 VERIZON WIRELESS WIRELESS CONNECTION $880.36 SALES TAX FUND -FIRE -Total $13,736.68 SALES TAX FIRE - Total $13,736.68 38 SALES TAX POLICE AT &T CONSOLIDATED PHONE $652.13 AT &T LONG DISTANCE PHONE $29.61 CITY GARAGE LABOR/OVERHEAD - MARCH, 2 $11,745.67 CITY GARAGE VEHICLE PARTS PURCH - FEB $3,504.37 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - FEB, 2 $5,876.72 JPMORGAN CHASE BANK BROWNELLS - TRAINING $65.51 JPMORGAN CHASE BANK BUILDING SPEC - REFUND ($17.66) JPMORGAN CHASE BANK BUILDING SPEC -TILES $225.02 JPMORGAN CHASE BANK LOCKE- REPAIR $8.71 JPMORGAN CHASE BANK LOWES- MATERIALS $159.50 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $997.99 TREASURER PETTY CASH FUEL $22.35 TREASURER PETTY CASH SUPPLIES $18.60 VERIZON WIRELESS WIRELESS CONNECTION $1,000.25 SALES TAX FUND - POLICE -Total $24,288.77 SALES TAX POLICE -Total $24,288.77 39 SALES TAX STREETS AEP IPSO STREETLIGHTS $6,836.23 ANCHOR STONE COMPANY STONE $289.77 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES - FEB, $312.88 CITY GARAGE LABOR/OVERHEAD - MARCH, 2 $3,975.25 CITY GARAGE VEHICLE PARTS PURCH - FEB $1,110.30 CLEAN UNIFORM COMPANY UNIFORM SERVICE $94.14 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - FEB, 2 $1,413.33 JPMORGAN CHASE BANK ATWOODS -BOOTS $146.97 JPMORGAN CHASE BANK BROWN CO -PAINT $54.60 JPMORGAN CHASE BANK BROWN CO- SUPPLIES $57.00 7 Claims List - 3/1912019 Fund Vendor Name Payable Description Payment CHIEF FIRE -EQUIP $1,205.00 JPMORGAN CHASE BANK Amount 39 SALES TAX STREETS JPMORGAN CHASE BANK HOME DEPOT -FENCE $89.91 JPMORGAN CHASE BANK JPMORGAN CHASE BANK LOWES - CIRCUIT BREAKER $18.40 RESCUE TECH -EQUIP JPMORGAN CHASE BANK LOWES -FOAM $8.50 $13.10 JPMORGAN CHASE BANK LOWES -PAINT $3.98 CIP FIRE DEPT VEHICLES -Total JPMORGAN CHASE BANK LOWES - SEALANT $27.50 TESTING SERVICES JPMORGAN CHASE BANK LOWES- STRAPS $30.36 $3,370.29 JPMORGAN CHASE BANK LOWES - WHEELS /BLADES $26.92 JPMORGAN CHASE BANK JPMORGAN CHASE BANK RED WING -BOOTS $143.99 ST 4 COMMUNICATIONS JPMORGAN CHASE BANK TIMMONS -FUEL $451.38 $39,466.72 JPMORGAN CHASE BANK WELSCO- RENTAL $47.60 VERDIGRIS VALLEY ELECTRIC COOP CHAMPION STREET LIGHT $75.76 VERDIGRIS VALLEY ELECTRIC COOP SECURITY LIGHT $6.15 VERIZON WIRELESS WIRELESS CONNECTION $80.02 SALES TAX FUND - STREETS -Total $15,300.94 SALES TAX STREETS -Total $15,300.94 40 CAPITAL IMPROVEMENTS DEWBERRY ENGINEERS, INC ENGINEERING SERVICES - GA $200.10 Cl -GARN WID 96TH -106TH -Total $200.10 SOUTHWEST SOLUTIONS GROUP, INC PROPERTY ROOM $15,000.00 CI - POLICE BLDG -Total $15,000.00 EMC ELECTRICAL MECHANICAL COMPANY INSTALLATION $24,500.00 CIP 761MAIN INTERSECT IMP - Total $24,500.00 JPMORGAN CHASE BANK CHIEF FIRE -EQUIP $1,205.00 JPMORGAN CHASE BANK HOME DEPOT -EQUIP $12.75 JPMORGAN CHASE BANK HUSKY -EQUIP $353.36 JPMORGAN CHASE BANK LOWES -EQUIP $20.16 JPMORGAN CHASE BANK RESCUE TECH -EQUIP $165.00 JPMORGAN CHASE BANK STRAPWORKS -EQUIP $13.10 JPMORGAN CHASE BANK WS DARLEY -EQUIP $1,011.25 CIP FIRE DEPT VEHICLES -Total $2,780.62 BUILDING & EARTH SCIENCES, INC TESTING SERVICES $4,775.05 JPMORGAN CHASE BANK ASHLEY- FURNITURE $3,370.29 JPMORGAN CHASE BANK DIGITAL NICHE -EQUIP $3,150.00 JPMORGAN CHASE BANK MOTOROLA -EQUIP $46.20 TOTAL RADIO INC ST 4 COMMUNICATIONS $43,239.00 WILLIAMS, SPURGEON, KUHL & PART III PROF SERVICES $39,466.72 CIP FIRE STATION #4 - Total $94,047.26 MESHEK & ASSOCIATES, P.L.C. OWASSO SPORTS PARK $11,871.50 DETENT TERRACON CONSULTANTS INC GEOTECHNICAL ENGINEERING $6,400.00 CIP SPORTS PARK DIET POND -Total $18,271.50 0 Claims List - 3/19/2019 Fund Vendor Name Payable Description Payment Amount 40 CAPITAL IMPROVEMENTS KSL DIRTWORKS LLC CONSTRUCTION SERVICES $20,000.00 AGR CIP STREET REHAB FYI -Total $20,000.00 CAPITAL IMPROVEMENTS -Total $174,799.48 66 OPWA TIF MAIN STREET DEVELOPMENT LLC SEVEN SIX MAIN PAYBACK $10,508.71 OPWA ECONOMIC DEV -Total $10,508.71 OPWATIF -Total $10,508.71 70 CITY GARAGE AT &T CONSOLIDATED PHONE $28.83 AT &T LONG DISTANCE PHONE $1.19 CLEAN UNIFORM COMPANY UNIFORM RENTAL FEES $58.84 CLEAN UNIFORM COMPANY UNIFORM RENTAL FEES - FEB $58.84 JPMORGAN CHASE BANK ALLDATA- SUBSCRIPTION $125.00 JPMORGAN CHASE BANK AMAZON -PARTS $282.71 JPMORGAN CHASE BANK AMAZON- SUPPLIES $16.98 JPMORGAN CHASE BANK DISCOUNT WAREHOUSE -TO $1,524.95 JPMORGAN CHASE BANK EDDIES TRANSMISSIONS- $3,443.85 JPMORGAN CHASE BANK GOODYEAR- RECAPS $2,184.00 JPMORGAN CHASE BANK GOODYEAR -TIRE $686.89 JPMORGAN CHASE BANK GOODYEAR -TIRES $1,272.70 JPMORGAN CHASE BANK HERRERAS -PARTS $1,028.71 JPMORGAN CHASE BANK HESSELBEIN -TIRES $1,112.81 JPMORGAN CHASE BANK INLAND -AIR DRYER $317.83 JPMORGAN CHASE BANK NAPA -PARTS $20.52 JPMORGAN CHASE BANK SPEEDTECH -PARTS $851.47 JPMORGAN CHASE BANK SUMMIT -VALVE $125.66 JPMORGAN CHASE BANK TULSA CLEAN SYS -REPAI $139.10 JPMORGAN CHASE BANK TULSA CLEAN SYS -SUPPL $235.00 JPMORGAN CHASE BANK VISUAL FORCE -PARTS $272.00 JPMORGAN CHASE BANK WORKBOOTS.COM -BOOTS $170.95 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $640.95 TREASURER PETTY CASH CNG LIC RENEW $50.00 CITY GARAGE -Total $14,649.78 CITY GARAGE -Total $14,649.78 76 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS $17,283.44 UNITED SAFETY & CLAIMS INC UNITED SAFETY CLAIMS $1,658.33 WORKERS' COMP SELF -INS -Total $18,941.77 WORKERS' COMP SELF -INS -Total $18,941,77 77 GENERAL LIABILITY - PROPERT RONALD D. CATES, ATTORNEY AT LAW JAN - MARCH LEGAL FEES CO $571.00 RONALD D. CATES, ATTORNEY AT LAW LEGAL FEES $437.60 GEN LIAB -PROP SELF INS -Total $1,008.60 161 Claims List - 3/19/2019 Fund Vendor Name Payable Description Payment Amount 77 GENERAL LIABILITY- PROPERT - Total $1,008.60 City Grand Total $560,455.87 `Ii REAL Peoplo •REAL Character • flEAL Community TO: The Honorable Mayor and City Council FROM: Earl Farris Project Administrator SUBJECT: Acceptance of Sanitary Sewer Infrastructure Improvements at Garrett Creek Commercial Phase II DATE: March 15, 2019 BACKGROUND: The subject commercial development is located just south of 11560 North 135th East Avenue (Reasors). The sewer infrastructure serves multiple addresses within the Garrett Creek Commercial Phase II development. Public infrastructure improvements include 1,114 linear feet of 8" PVC sewer line and all appurtenances. FINAL INSPECTIONS: Final inspections for the infrastructure component were completed in February 2019, by the Public Works Department. All standards for acceptance have been met. Additionally, the construction contractor and design engineer have supplied the necessary two -year maintenance bond and required as -built drawing. RECOMMENDATION: Staff recommends acceptance of the following public infrastructure improvements located at Garrett Creek Commercial Phase II development: 1,114 linear feet of 8" PVC sewer line and all appurtenances. ATTACHMENTS: Location Map City Attorney bond approval letter and copy of bond Washington County Rural Water District No. 3 letter of approval Garrett Creek Center Phase 11 11 St f , Street hIol ill, 4AT M. I - - ftm -V a I f I '01 k r 'T A , 74M350E o' A043 36 TIC 4 Highway 169 MAW i �. Dl Ll:6N Farris, Earl From: Lombardi, Julie Sent: Thursday, October 04, 2018 8:04 AM To: Hancock, Brandon Cc: Farris, Earl Subject: RE: Sanitary Bond for Garrett Creek Phase II (South of Reasors) Brandon, I have reviewed the Sanitary Sewer Line Improvements to Garrett Creek Center, Phase II, maintenance bond at your request. The attorney -in -fact signature is authorized, the surety is licensed to do business in Oklahoma, and the amount of the bond is well within the surety's $18,995,000 underwriting limitation. Therefore, the bond is approved. Julie Lombardi 7uRe ?rout Lombardi City Attorney City of Owasso PO Box 180 200 S Main St Owasso, OK 74055 Phone: 918-376-1511 Fax 918- 376 -1599 Email: ilombardipcitvofowasso.com www.citvofowasso.com ,sd People • REAL Character • REAL Community From: Hancock, Brandon Sent: Thursday, October 4, 2018 7:31 AM To: Lombardi, Julie <JLombardi(n7CityOfOWasso.com >; Farris, Earl <efarris(oCitvOfOwasso.com> Subject: Sanitary Bond for Garrett Creek Phase II (South of Reasors) Julie- Please review the Bond attached. Please reply all to this email with your findings. Thanks in advance for your assistance. Brandon Hancock, CPII Infrastructure Inspector Owasso Public Works office: 918 272 -4959 Maintenance Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No: 90160109 KNOW ALL MEN BY THESE PRESENTS, That we Paragon Contractors, L.L.C. as Principal (Contractor), and The Guarantee Company of North America USA as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of Eighty -six Thousand Nine Hundred Ninety -one and 00 /100 - Dollars ($86,991.00) to which payment will and truly to be made, we do bind ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of TWO YEAR after final approval of the Sanitary Sewer Line Improvements to Garrett Creek Center, Phase II, a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, Oklahoma, against all defects in workmanship and materials which may become apparent in such privately financed public improvement during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that the Principal and /or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED, AND DATED: October 2, 2018 Paragon Con ractors, L.L.C. Pri pal BY: Dale Forrest,Managing Member The Guarantee Company of North America USA, Surety BY: �/0m1�� . Ylat/ U , Attorney -in -Fact ^ Jacqueline L. Drey is THE THE GUARANTEE COMPANY OF NORTH AMERICA USA GUARANTEE sDOlhnela, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the Slate of Michigan, having Its principal office in Southfield, Michigan, does hereby constitute and appoint Sharon K. Murray, David A. Dominiani, Maura P. Kelly, Joan Leu, Jacqueline L. Drey, Ronald R. Allison, Kevin J. Stenger First Insurance Group LLC Its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on Its behalf as surely, any and all bonds and undertakings, contracts of Indemnity and other writings obligatory In the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract of otherwise. The execution of such Instrument(s) In pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all Intents and purposes, as If the same had been duty executed and acknowledged by Its regularly elected officers at the principal office. The Power of Attorney Is executed and may be certified so, and may be revoked, pursuant to and by authority of Article I%, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA al a meeting held on the 31" day of December, 2003. The President, or arty Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s) -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of Indemnity and other writings obligatory In the nature thereon and 2. To revoke, at any lime, any such Allorney -In -fact and revoke the authority given, except as provided below 3. In connection with obligations In favor of the Florida Department of Transportation only, It Is agreed that the power and authority hereby given to the Attorney- In-Fact Includes any and all consents for the release of retained percentages and /or final estimates on engineering and construction contracts required by the Stale of Florida Department of Transportation. It Is fully understood that consenting to the Slate of Florida Department of Transportation making payment of the final estimate to the Contractor end /or Its assignee, shall not relieve this surely company of any of Its obligations under Its bond. 4. In connection with obligations In favor of the Kentucky Department of Highways only, it Is agreed that the power and authority hereby given to the Attorney -In -Fact cannot be modified or revoked unless prior wrlllen personal notice of such Intent has been given to the Commissioner — Deparlmenl of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney Is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following Is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facslmile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of Indemnity and other writings obligatory In the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. y�arq� IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this Instrument to be signed and a'''[ ^�, Its corporate seal to be affixed by Its authorized officer, this 23rd day of February, 2012. q V�� }S} THE GUARANTEE COMPANY OF NORTH AMERICA USA "M�YLY STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 23rd day of February, 2012 before me came the individuals who executed the preceding Instrument, to me personally known, and being by me duly sworn, said that each Is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said Instrument Is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takal ' :)• . Notary Public, State of Mlchlgan County of Oakland ky�`• -u do . My Commission Expires Febmary 27, 2018 Actingln Oakland County IN WITNESS WHEREOF. I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing Is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which Is still in full force and effect. IN WITNESS WHEREOF, I have Ihereunto set my hand and attached the seal of said Company this 2nd day of October , 2018 q �4"' +° Randall Musselman, Secretary Rural Water District too. 3 Washington County, Oklahoma 17227 N. 12911 E. Ave., P.O. Box 70, Collinsville, OK 74021 -0070 Ph. (918) 371 -2055 • Fax (918) 371 -3864 o TRS 711 February 28, 2019 City of Owasso Attn: Mr. Earl Farris, Project Administrator P0 Box 180 Owasso, OK 74055 FAX 272 -4996 efan-isna,CityOfOwasso.com Dear Sirs: The water line infrastructure at Garrett Creek Commercial Phase II has been tested and meets all requirements for acceptance by Washington Co. Rural Water District 43. Si rely, Jerry G nunill District Manager In accordance with Federal law and U.S. Department of Agriculture policy, this Institution Is prohibited from discriminating on the basis of race, color, national origin, age, disability, religion, sew, and famlllal status. (Not all prohibited bases apply to all programs). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C., 20250 -9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). sd REAL People • REAL CM1amotor • REAL Community TO: The Honorable Mayor and City Council FROM: Josh Quigley Manager of the Owasso Community Center SUBJECT: Owasso Golden Agers Foundation Donation and Budget Amendment DATE: March 15, 2019 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. The Owasso Golden Agers Foundation (OGAF) is a tax exempt (501 -C -3) organization, whose primary purpose is to receive and manage grant funds to assure that a viable Owasso Senior program is not totally dependent on government funding. DONATION: The OGAF has been approved to receive funding in the amount of $1,168.26 for the Community Expansion of Nutrition Assistance (CENA) program, which is made available through the Oklahoma Department of Commerce. The OGAF will donate the CENA program funds to the Owasso Community Center. A budget amendment is needed in order to make the OGAF donation of the CENA grant funds available for expenditure in the Community Center FY 2019 budget. This budget amendment would increase the General Fund revenues and appropriation for expenditures by $1,168.26. RECOMMENDATION: Staff recommends acceptance of the Owasso Golden Agers Foundation donation and approval of a budget amendment in the General Fund increasing estimated revenues and the appropriation for expenditures in the Community Center Department by $1,168.26. REAL People •REAL Character •REAL Community TO: The Honorable Mayor and City Council FROM: Josh Quigley Manager of the Owasso Community Center SUBJECT: Owasso Community Center Budget Amendment DATE: March 15, 2019 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, continued development of a variety of game table opportunities at the Community Center will immediately impact our youth and family programming, and continue expansion of our senior adult program population. Two surplus pool tables have recently been sold via public auction. As a result of the successful sales, City staff would like to utilize the revenues for the benefit of new gaming table options at the Community Center. A budget amendment is needed in order to make current funds available for expenditure in the Community Center FY 2019 budget. This budget amendment would increase the General Fund revenues and appropriation for expenditures by $1,754.58. RECOMMENDATION: Staff recommends the approval of a budget amendment in the General Fund increasing revenues and the appropriation for expenditures in the Community Center Department by $1,754.58. REAL poaplo • REAL C�amnar •REAL Community TO: The Honorable Mayor and City Council FROM: Larry White Director, Support Services SUBJECT: AT &T Multi- Service Agreement DATE: March 15, 2019 BACKGROUND: In 1989, the City of Owasso, together with the surrounding communities of the Tulsa Metropolitan Area, executed the first "Interlocal Agreement" and established the Regional 9 -1 -1 Board for the purpose of sharing equipment and allocating the cost between jurisdictions, thereby avoiding duplication of services and expenses. The 9 -1 -1 service provided the location of the emergency in a matter of seconds, thus enabling emergency personnel to have the exact location of the call. A new Interlocal Agreement dated June 19, 2006, was executed by the participating jurisdictions. This agreement provided for the restructuring of the Regional 9 -1 -1 Board (consisting of the cities of Claremore, Collinsville, Glenpool, Jenks, Owasso, Sand Springs, Sapulpa, and Tulsa, the Town of Skiatook, and Rogers County). This resulted from changes in jurisdictions purchasing new 9 -1 -1 equipment and services to become Phase 2 compliant, which allowed each jurisdiction the ability to locate wireless calls. This Agreement provided that each member jurisdiction would pay its share of equipment and other agreed -to costs in proportion to the population of each member jurisdiction as compared to the population of all member jurisdictions combined. The Agreement further provided that the Board would revise its population calculations and cost sharing proportions annually, using population estimates provided by the Indian Nations Council of Governments (INCOG). This Agreement was replaced by three subsequent amendments in order to add the City of Bixby, the City of Broken Arrow, Tulsa County, and Osage County to the list of Members of the Regional 9 -1 -1 Board. In addition, Claremore and Rogers County had consolidated operations into the Northeast Oklahoma Enhanced 9 -1 -1 Trust Authority (NOEfA), and those changes were also included in the list of Members of the Regional 9 -1 -1 Board. In 2007, the Regional 9 -1 -1 Board negotiated a Master Services Agreement between the Regional 9 -1 -1 Board and Southwestern Bell Telephone dba AT &T Oklahoma for a network hosted solution for E 9 -1 -1 services. This Agreement provided that AT &T Oklahoma would provide and the Regional 9 -1 -1 Board would pay for hosted E 9 -1 -1 services. The new Phase II compliant equipment allowed each jurisdiction the ability to locate wireless calls when the caller was unable to give their location. PROPOSED NEW AGREEMENT: A new Multi- Service Agreement has been negotiated with AT &T by the Regional 9 -1 -1 Board. This Agreement would replace the Master Services Agreement and all ten (10) Addendums in their entirety. It defines the responsibilities of AT &T and the Regional 9 -1 -1 Board for the update of the existing Vesta Hosted E 9 -1 -1 call taking software and ancillary equipment for the Public Safety Answering Points (PSAP) in the participating jurisdictions. It includes all of the latest members of the Regional 9 -1 -1 Board (Bixby, Broken Arrow, Collinsville, Glenpool, Jenks, Owasso, Osage County, NOETA, Sand Springs, Sapulpa, Skiatook, Tulsa, and Tulsa County). It provides a pricing schedule for equipment and maintenance fees for the participating jurisdictions for the five -year period from Cutover. This is a portion of the service costs charged to the participating jurisdictions each month. The remainder of the fees charged monthly to the jurisdictions besides the equipment and maintenance fees are determined by the tariffs charged by AT &T. Due to the latest INCOG population calculation, our total cost percentage is changing to 6.03% of the entire cost for all participating jurisdictions as compared to 5.98% previously being charged to Owasso. Due to the increased number of participating jurisdictions in the Regional 9 -1 -1 Board, the addition of a fiber network with a LTE back up, and the increase in Owasso's population, Owasso will experience approximately a 7.0% increase in cost. RECOMMENDATION: Staff recommends approval of the Multi- Service Agreement between AT &T Corp. and the Regional 9 -1 -1 Board and authorization for the Mayor to execute the agreement. ATTACHMENT: Multi- Service Agreement AT &T Business Services Agreement (included by reference in the Multi- Service Agreement) .�r. AT &T MULTI - SERVICE AGREEMENT AT &T MA Reference No. This AT &T Multi- Service Agreement consists of the attached provisions, and the AT &T Business Services Agreement, including definitions, located at htlp:/ (www.business.att.com/aoreement ( 'BSA ") (collectively the attached provisions and BSA constitute the "MSA "), in order for Customer to purchase AT &T Services, the Parties must execute an applicable pricing schedule, referencing this MSA, reflecting the Services, the pricing and the pricing schedule term ( "Pricing Schedule "). Collectively the MSA, Pricing Schedule and applicable Service Publications constitute the "Agreement" for those Services. A 'Service Publication" includes Tariffs; Guidebooks, and Service Guides located at htlp: /Iserviceguidenew.ait.com which reflect the product descriptions, rates, terms and conditions applicable to a particular Service. Services are further subject to the AT &T Acceptable Use Policy located at www.aff.com /aup ( "AUP"). Service Publications and the ALP may be amended by AT &T from time to time without notice to Customer. The order of priority of the documents that form the Agreement is: the applicable Pricing Schedule or order, the MSA; the AUP; and then Service Publications; provided, however, if applicable laws or regulations of a jurisdiction prohibits contractual modification of Tariff terms, the Tariff will prevail. In the event of a conflict within the MSA between the attached provisions and the BSA, the attached provisions take precedence. For purposes of this MSA the arbitration provisions of the BSA are replaced entirely with and superseded by the following: ARBITRATION: ALL CLAIMS AND DISPUTES ARISING FROM THIS AGREEMENT SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES (SUBJECT TO THE REQUIREMENTS OF THE FEDERAL ARBITRATION ACT). ANY JUDGMENT ON ANY AWARD RENDERED MAY BE ENTERED AND ENFORCED IN A COURT HAVING JURISDICTION. THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO AWARD ANY DAMAGES DISCLAIMED BY THIS AGREEMENT OR IN EXCESS OF THE LIABILITY LIMITATIONS IN THIS AGREEMENT, SHALL NOT HAVE THE AUTHORITY TO ORDER PRE - HEARING DEPOSITIONS OR DOCUMENT DISCOVERY, BUT MAY COMPEL ATTENDANCE OF WITNESSES AND PRODUCTION OF DOCUMENTS AT THE HEARING. THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY AND WAIVE ANY RIGHT TO PARTICIPATE IN OR INITIATE CLASS ACTIONS; IF THE PARTIES CANNOT WAIVE THESE RIGHTS, THIS ENTIRE PARAGRAPH IS VOID. AGREED: Customer AGREED: AT &T By: By: (by its authorized representative) (by its authorized representative) (Typed or Printed Name) (Typed or Printed Name) (Title) (Date) (Title) 'age 1 of 2 AT &T and Customer Confidential Information MSA UA 111 09/01/2015 L Regional 9 -1 -1 Board AT &T Corp. Street Address: 2 W 2nd St. Ste 800 City: Tulsa State /Province: OK Zi Code: 74103 Coun : USA CustolneY C:mt4gt fgr;notices '. AT &T Contact fob °npiicas Name: Darita Huckabee Street Address: 12851 Manchester Road 1 -W408 Title: Legal & Legislative Affairs INCOG City: St. Louis State /Province: MO Street Address: 2 W 2nd St. Ste 800 Zip Code: 63131 Country: USA City: Tulsa State /Province: OK Zip Code: 74I03 Country: USA With a copy to: Telephone: (918) 579 -9438 AT &T Corp. Fax: One AT &T Way Email: dhuckabee@incog.org Bedminster, NJ 07921 -0752 ATTN: Master Agreement Support Team Email: mast(ta att.corn This Multi- Service Agreement between the customer named above ( "Customer") and AT &T Corp. ("AT &T') (each a "Party") is effective when signed by both Parties 'Effective Date'). This AT &T Multi- Service Agreement consists of the attached provisions, and the AT &T Business Services Agreement, including definitions, located at htlp:/ (www.business.att.com/aoreement ( 'BSA ") (collectively the attached provisions and BSA constitute the "MSA "), in order for Customer to purchase AT &T Services, the Parties must execute an applicable pricing schedule, referencing this MSA, reflecting the Services, the pricing and the pricing schedule term ( "Pricing Schedule "). Collectively the MSA, Pricing Schedule and applicable Service Publications constitute the "Agreement" for those Services. A 'Service Publication" includes Tariffs; Guidebooks, and Service Guides located at htlp: /Iserviceguidenew.ait.com which reflect the product descriptions, rates, terms and conditions applicable to a particular Service. Services are further subject to the AT &T Acceptable Use Policy located at www.aff.com /aup ( "AUP"). Service Publications and the ALP may be amended by AT &T from time to time without notice to Customer. The order of priority of the documents that form the Agreement is: the applicable Pricing Schedule or order, the MSA; the AUP; and then Service Publications; provided, however, if applicable laws or regulations of a jurisdiction prohibits contractual modification of Tariff terms, the Tariff will prevail. In the event of a conflict within the MSA between the attached provisions and the BSA, the attached provisions take precedence. For purposes of this MSA the arbitration provisions of the BSA are replaced entirely with and superseded by the following: ARBITRATION: ALL CLAIMS AND DISPUTES ARISING FROM THIS AGREEMENT SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES (SUBJECT TO THE REQUIREMENTS OF THE FEDERAL ARBITRATION ACT). ANY JUDGMENT ON ANY AWARD RENDERED MAY BE ENTERED AND ENFORCED IN A COURT HAVING JURISDICTION. THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO AWARD ANY DAMAGES DISCLAIMED BY THIS AGREEMENT OR IN EXCESS OF THE LIABILITY LIMITATIONS IN THIS AGREEMENT, SHALL NOT HAVE THE AUTHORITY TO ORDER PRE - HEARING DEPOSITIONS OR DOCUMENT DISCOVERY, BUT MAY COMPEL ATTENDANCE OF WITNESSES AND PRODUCTION OF DOCUMENTS AT THE HEARING. THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY AND WAIVE ANY RIGHT TO PARTICIPATE IN OR INITIATE CLASS ACTIONS; IF THE PARTIES CANNOT WAIVE THESE RIGHTS, THIS ENTIRE PARAGRAPH IS VOID. AGREED: Customer AGREED: AT &T By: By: (by its authorized representative) (by its authorized representative) (Typed or Printed Name) (Typed or Printed Name) (Title) (Date) (Title) 'age 1 of 2 AT &T and Customer Confidential Information MSA UA 111 09/01/2015 L AT &T Multi-Service Agreement Services: °Service° or 'Services' means all products and services (including wireless, if applicable) AT &T provides Customer pursuant to this Agreement. Execution by Affiliates: An AT &T Affiliate or Customer Affiliate may sign a Pricing Schedule in its own name. Such Affiliate contract will be a separate but associated contract incorporating the terms of this Agreement. Customer and AT &T will cause their respective Affiliates to comply with such separate, associated contract(s). An "Affiliate" of a party is any entity that controls, is controlled by or is under common control with such party. License and Other Terms: Software, Purchased Equipment and Third - Party Services (a service provided directly to Customer by a third party under a separate agreement between Customer and the third party) may be provided subject to the terms of a separate license or other agreement between Customer and either the licensor, the third -party service provider or the manufacturer. Customer's execution of the Pricing Schedule or placement of an Order for Software, Purchased Equipment or Third -Party Services is Customer's agreement to comply with such separate agreement. Unless a Service Publication specifies otherwise, AT &T's sole responsibility with respect to Third -Party Services is to place Customer's orders for Third -Party Services, except that AT &T may invoice and collect payment from Customer for the Third -Party Services. Pricing and Pricing Schedule Term; Terms Applicable After End of Pricing Schedule Term: Prices listed in a Pricing Schedule are stabilized until the end of the Pricing Schedule term, including applicable extensions, ("Pricing Schedule Term°) and apply in lieu of corresponding prices in the applicable Service Publication. No promotions, credits, discounts or waivers set forth in a Service Publication apply. At the end of the Pricing Schedule Term, Customer may continue Service (subject to any applicable notice or other requirements in a Service Publication for Customer to terminate a Service Component) on a month-to -month basis at the prices, terms and conditions in effect on the last day of the Pricing Schedule Term. AT &T may change such prices, terms or conditions on 30 days' prior notice to Customer. MARC: Minimum Annual Revenue Commitment ('MARC') is an annual revenue commitment set forth in a Pricing Schedule that Customer agrees to satisfy during each 12 -month period of the Pricing Schedule Term. If Customer fails to satisfy the MARC for any such period, Customer agrees to pay a shortfall charge equal to the difference between the MARC and the total of the applicable MARC - Eligible Charges, as defined in the applicable Pricing Schedule, incurred during such period, and AT &T may withhold contractual credits until Customer pays the shortfall charge. Termination and Termination Charges: Either party may terminate for material breach upon thirty (30) days' prior written notice to the other party. If a Service or Service Component is terminated by Customer for convenience or by AT &T for cause prior to Cutover, Customer (i) agrees to pay any pre - Cutover termination or cancellation charges set out in. a Pricing Schedule or Service Publication, or (ii) in the absence of such specified charges, agrees to reimburse AT &T for time and materials incurred prior to the effective date of termination, plus any third -party charges resulting from the termination. if a Service or Service Component is terminated by Customer for convenience or by AT &T for cause after Cutover, Customer agrees to pay applicable termination charges as follows: (1) 50% of any unpaid recurring charges for the terminated Service or Service Component attributable to the unexpired portion of an applicable Minimum Payment Period (as defined in applicable Pricing Schedule); (ii) if termination occurs before the end of an applicable Minimum Retention Period (as defined in applicable Pricing Schedule), any associated credits or waived or unpaid non - recurring charges; and (iii) any charges incurred by AT &T from a third -party (i.e., not an AT &T Affiliate) due to the termination. The charges set forth in (1) and (ti) do not apply if a terminated Service Component is replaced with an upgraded Service Component at the same Site, but only if the Minimum Payment Period or Minimum Retention Period, as applicable, (the 'Minimum Period') and associated charge for the replacement Service Component are equal to or greater than the corresponding Minimum Period and associated charge for the terminated Service Component, respectively, and if the upgrade is not restricted in the applicable Service Publication. In addition, if Customer terminates a Pricing Schedule that has a MARC, Customer agrees to pay an amount equal to 50% of the unsatisfied MARC for the balance of the Pdcing Schedule Term. Billing and Disputes: If Customer does not dispute a charge in writing within 6 months after the invoice date, Customer waives the right to dispute. AT &T must issue a bill within six (6) months after charges are incurred (other than for automated or live operated assisted calls) or it waives the charges. At Customer's request, but subject to AT &T's consent (which may not be unreasonably withheld or withdrawn), Customer's Affiliates may be invoiced separately, and AT &T will accept payment from such Affiliates. Customer will be responsible for payment if Customer's Affiliates do not pay charges in accordance with this Agreement. Purchased Equipment: Except as specified in a Service Publication or Pricing Schedule, title to and risk of loss of equipment AT &T sells Customer ('Purchased EquipmenP) pass to Customer on delivery to the transport carrier for shipment to Customer's designated location. AT &T retains a purchase money security interest in all Purchased Equipment until Customer pays for it in full; Customer appoints AT &T as Customer's agent to sign and file a financing statement to perfect AT &T's security interest. All Purchased Equipment is provided on an "AS IS" basis, except that AT &T passes through to Customer any warranties available from its suppliers, to the extent that AT &T is permitted to do so under its contracts with those suppliers. Privacy Each party is responsible for complying with the privacy laws applicable to its business. AT &T shall require Its personnel, agents and contractors around the world who process Customer personal data to protect such information in accordance with the data protection laws and regulations applicable to AT &T's business. If Customer does not want AT &T to comprehend Customer data to which it may have access in performing Services, Customer must encrypt such data to be unintelligible. Customer is responsible for obtaining consent from and giving notice to its users, employees and agents regarding Customer's and AT &T's collection and use of the User, employee or agent information in connection with a Service. Customer agrees to make accessible or provide Customer personal data to AT &T only if it has legal authority to do so. Trademarks and Publicity: Neither party will display or use the other party's trade names, logos, trademarks, service marks or other Indicts of origin, or issue public statements about this agreement or the Services, without the other party's prior wdtten consent Governing Law: Unless a regulatory agency with jurisdiction over the applicable Service applies a different law, this Agreement is governed by the law of the State of New York, without regard to its conflict of law principles. The United Nations Convention on Contracts for International Sale of Goods will not apply. Page 2 of 2 AT &T and Customer Confidential Information MSA UA III 09101120, AT &T Street Address: 2 W 2nd St. Ste 80 City: Tulsa State / Province: OK Country: USA Domestic / Intl / Zip Code: 74103 Name: Darita Huckabee Tite: Legal & Legislative Affairs INCOG Telephone: (918) 579 -9438 Fax: Email: dhuckabee @incog.org City: Tulsa State / Province: OK Country: USA Domestic / Intl / Zip Code: 74103 Contact Name: Darita Huckabee Title: Legal & Legislative Affairs INCOG Telephone: (918) 579 -9438 Fax: E -mail: dhuckabee @incog.org AT &T MA Reference No. AT &T HOSTED E 9.1.1 SERVICE Pricing Schedule d /b /a AT &T Oklahoma Bedminster, NJ 07921 -0752 Attn: Master Agreement Support Team E -mail: mast@att.com Name: Todd Kad Street Address: 12851 Manchester Road, Suite 1 -W -408 City: St. Louis State / Province: MO Country: USA Domestic / Intl / Zip Code: 63131 Telephone: (314)450 -2520 Email: todd.kad @att.com Sales/Branch Manager. Dustin Alexander This Pricing Schedule is part of the Agreement between AT &T and Customer referenced above. ATTUID: AT &T and Customer Confidential Information ROME Opportunity ID: Public Safety Hosted Pr clog Schedule Page 1 of 5 1 Updated: 012815 AT&T GENERAL TERMS APPLICABLE TO AT &T PUBLIC SAFETY HOSTED E9.1.1 SERVICE This Pricing Schedule is part of the Agreement between Southwestem Bell Telephone Company, dba AT &T Oklahoma and the Customer referenced above. This Pricing Schedule consists of this Pricing Schedule and any Attachments hereto (e.g., Statement of Work ("SOW "); Scope of Work ('SCOW); Inventory Schedule and Payment Terms; Bill of Material; Project Implementation Guide; Implementation Timeline; or Certificate of Acceptance) that currently, or may in the future, reference this Pricing Schedule. In the event of a conflict between this Pricing Schedule and any Attachments hereto, this Pricing Schedule shall take precedence. SERVICE: An enhanced 9 -1.1 ("E 9 -1 -1 ") Service provisioned by AT &T that utilizes AT &T Premises to house certain E 9 -1 -1 Call Handling Equipment for purposes of receiving and transporting E 9 -1 -1 calls from within a predetermined service area to authorized Public Safety Answering Points (PSAPs) identified by Customer. As part of the Service, AT &T will install Customer End User Equipment identified in the Statement of Work at Customer PSAP Sites; will train Customer's employees on the use of the Customer End User Equipment; and will test the Customer End User Equipment and verify that it is operating as designed. AT &T will also provision the necessary network elements (set forth below) required to deliver E 9 -1 -1 calls to the Customer PSAP Sites. AT &T will be responsible for the maintenance of the Equipment necessary to provision the Service, as more fully described in the Statement of Work. SERVICE PROVIDER: Southwestern Bell Telephone Company, d1b1a AT &T Oklahoma. TERM: The Pricing Schedule Term shall begin on Cutover and continue to the latter of (a) 5 years from Cutover; or (b) until such time as no Service Components are provided to Customer under this Pricing Schedule. SERVICE COMPONENTS AND PRICING: The following prices shall apply to the various Service Components offered as part of the Service. Any Service Components that are offered under an AT &T Tariff or Guidebook are offered under the terms and conditions set forth therein unless modified in this Pricing Schedule. Network Transport Components: The 9 -1 -1 tariff prices apply to trunking between AT &T Premises and the Customer PSAP Sites. 9.1.1 Database Components: Customer will provide Enhanced 9.1 -1 utilizing AT &T's Tandem[Selective Router and utilizing the Automatic Number Identification system and the Automatic Location identification system. The charges and terms and conditions for these features are listed in the AT &T Tariff or Guidebook, as may be modified from time to time. Other Components: Customer will also order the following Service Components on terms and conditions set forth in the applicable AT &T Tariff or Guidebook. I. AT &T Bandwidth Services provided under an "AT &T Integrated Data Services Pricing Schedule" If. AT &T VPN Service provided under an "AT &T VPN Pricing Schedule" III. AT &T Managed Internet Service provided under an "AT &T Managed Internet Service Pricing Schedule" IV, AT &T Managed Router Solution provided under an "AT &T Managed Router Solution Pricing Schedule" V. Point -to -point DS -1 Service provided under an "ILEC Intrastate Services Pricing Schedule Pursuant to Custom Terms" Equipment and Maintenance: The rates and charges for Equipment (consisting of Customer End User Equipment and Call Handling Equipment) and maintenance of the E ui ment are as follows: Srte Name',; " Address City State , Quanpty of Positions, Non Recurring Costs '';':. Monthly . Recurrm Costs Bixby 116 W Needles Bixby OK 2 $ 0.00 $ 2,190.00 Broken Arrow 1101 N 6th St. Broken Arrow OK 8 $ 0.00 $ 8,760.00 Collinsville 1023 W Center Collinsville OK 2 $ 0.00 $ 2,190.00 Glen pool 14536 S Elwood Ave Glen pool OK 2 $ 0.00 $ 2,190.00 Jenks 211 N Elm St Jenks OK 2 $ 0.00 $ 2,190.00 Owasso 452 S Main St Owasso OK 1 3 $ 0.00 $ 3,285.00 NOETA 200 S. Lynn Riggs Blvd Claremore OK 7 $ 0.00 $ 7,665.00 Sand Springs 100 E Broadway St Sand Springs OK 2 $ 0.00 $ 2,190.00 Sapulpa 20 N Walnut St Sapulpa OK 2 $ 0.00 $ 2,190.00 Skiatook 220 S Broadway St Skiatook OK 2 $ 0.00 $ 2,190.00 Tulsa 801 E. Oklahoma St Tulsa OK 32 $ 0.00 $ 35,040.00 Tulsa County 801 E. Oklahoma St Tulsa OK 2 $ 0.00 $ 2,190.00 Total Charges $ 0.00 $ 72,270,00 Payment Terms: (1) Charges for Host Locations not due untl Hosts are installed and accepted and first PSAP is on -line and accepted. (2) PSAP Location: Charges Per Position not due until PSAP Installed and accepted: Service Plan Payment Terms: ® Monthly Payments ❑ Annual Payments ❑ Financing: (Name of Leasing Company) Monthly Price: $ _ Annual Price: $ ATTUID: AT &T and Customer Confidential Information ROME Opportunity ID Public Safety Hosted Pricing Schedule Page 2 of 5 Updated: 091918 AT &T GENERAL TERMS APPLICABLE TO AT &T PUBLIC SAFETY HOSTED E9 -1 -1 SERVICE ADDITIONAL TERMS AND CONDITIONS 1. Definitions "AT &T E9.1.1 Hosted Service" means the Service as described above, provided on the terms and conditions set forth herein. "AT &T Premises" means an AT &T owned or operated facility specified in an Order where E9 -1.1 Call Handling Equipment will be installed and certain elements of the Service are performed. "Call Handling Equipment" means the equipment and Licensed Software that AT &T will acquire and install at AT &T Premise(s) for purpose of providing the Services to be provisioned under this Pricing Schedule. "Customer Premises" means Customer's facility or location specified in an Order where the Equipment will be installed or Services performed. Customer Premises will be deemed Site(s) for purposes of the Agreement "Cutover" means (i) for a Service, when the Service is first provisioned or made available to Customer's use at any Site; and/or (ii) for Equipment, when it is delivered to a carrier for shipment, or if AT &T provides installation as part of the Services, then upon AT &Ts installation of the Equipment and acceptance by Customer. "Customer End User Equipment" means the equipment and Licensed Software that AT &T licenses or leases, as applicable, to Customer or for which AT &T provides Services as provided hereunder that is installed at Site. Ownership of, and title to, Customer End User Equipment shall at all times remain with AT &T. Upon termination of this Pricing Schedule, AT &T shall have the right to re- possess the Customer End User Equipment at a mutually agreeable date and time. "Equipment" unless otherwise defined, means Customer End User Equipment and Call Handling Equipment. "Order" means any purchase order issued by Customer for Equipment or Services that references this Pricing Schedule, is signed by Customer's authorized representative, and is accepted by AT &T. Orders will be deemed Attachments to this Pricing Schedule once accepted by AT &T. "PSAP" means a Public Safety Answering Point. The location of a PSAP will be deemed a Site for purposes of the Agreement. "Statement of Work" or "SOW" means the attached statement(s) of work and /or other ordering documents that describe materials and Services to be provided pursuant to this Pricing Schedule. On occasion, SOWS may be entitled Statement of Work (SOW), Scope of Work (SCOW) or Pre - Installation Guide (PIG). 2. Scope AT &T will procure the Equipment and provision the Service as specified In this Pricing Schedule and any attachments hereto. 3. Customer End User Equipment; Delivery and Installation by AT &T AT &T will deliver the Customer End User Equipment FOB origin, prepaid and add. Title to the Customer End User Equipment and all risk of loss to the Customer End User Equipment shall pass to Customer at the time of delivery to the carrier for shipment. Origin is defined as the manufacturer's site when the Customer End User Equipment is shipped directly to Customer Site and as AT &T's staging facility when AT &T performs staging on the Customer End User Equipment before delivery to Customer. Customer acknowledges and agrees that AT &T's ability to provide Customer End User Equipment during the term of this Pricing Schedule is contingent upon the supply and delivery schedules of the Customer End User Equipment manufacturer(s). AT &T shall have no liability for delays in any delivery schedule. Customer End User Equipment is described in the SOW attached hereto. 4. AT &T Call Handling Equipment AT &T shall have no liability for delays in any delivery schedule pertaining to AT &T Call Handling Equipment. AT &T is solely responsible for the installation of AT &T Call Handling Equipment on AT &T Premises, 5. Customer Responsibilities for installation Services at Customer Premise(s) AT &T's obligations under this Pricing Schedule and the timely fulfillment thereof, are contingent upon timely receipt from Customer of all rea- sonably necessary assistance and cooperation in all matters relating to this Pricing Schedule, including reasonable access to relevant personnel, records, information and facilities. Customer shall provide AT &T, in a timely fashion, with all information reasonably required for the performance of the Services by AT &T. Customer represents that all information presently known to be necessary to AT &Ts understanding of the Services to be performed have been disclosed or provided to AT &T and Customer will keep AT &T timely informed of any new information which may be necessary to AT &Ts understanding of the Services to be performed. Customer shall provide AT &T with reasonable access to the premises necessary for the performance of the Services required under this Pricing Schedule as more fully described in Section 3.1 of the Master Agreement. in the event of Customer's failure to perform its responsibilities hereunder, AT &T may, at AT &T's option, assume or fulfill any and/or all of Customer's responsibilities, directly or through contract with third parties. In such instance, it shall be considered an increase in the scope of the Services. AT &T may charge Customer any and all charges incurred by AT &T due to Customer's failure to timely fulfill its obligations under this Section. Notwithstanding any other part of this Pricing Schedule: (a) AT &T shall have the right to suspend performance or to pursue any other remedies provided for under the Agreement where Customer delays or fails to comply with this provision; and (b) where any of the measures described above are unreasonably expensive, Customer may request that AT &T suspend its performance until such time as an alternative remedy or course of performance is secured or agreed upon; provided, however, that AT &T may terminate this Pricing Schedule or an Order where any such suspension lasts longer than thirty (30) days. 6. Invoicing and Payment Terms Invoices for all Customer End User Equipment and AT &T Call Handling Equipment will be issued upon Customer's Acceptance of the Services and Customer End User Equipment, as defined in Section 7 hereof, on a PSAP -by -PSAP basis. Invoices for maintenance Services will be issued pursuant to the terms of the Master Agreement, ATTUID: AT &T and Customer Confidential Information ROME Opportunity ID: Public Safety Hosted Pricng Schedule I Page 3 of 5 I Updated: 091918 AT &T GENERAL TERMS APPLICABLE TO AT &T PUBLIC SAFETY HOSTED E9.1.1 SERVICE 7. Initial Acceptance of Services and Customer End User Equipment On a PSAP -by -PSAP basis, Customer shall have a designated staff member on -site at the initial completion of Services and installation of the Customer End User Equipment to sign the acceptance document, acknowledging the Services were performed in accordance with the SOW and are complete as to each PSAP. If any installation Services are incomplete or nonconforming at the time of initial installation, Customer must provide written notice to AT &T identifying such installation Services within ten (10) business days of notice by AT &T of completion of said Services at a PSAP, or else Customer waives remedy. Upon written notification, AT &T will then have thirty (30) business days to re- perform or complete the nonconforming installation Services. If AT&T is unable to, or fails to, correct such nonconformance in all material respects, AT &T may, as AT &T's sole liability and Customer's sole remedy, refund to Customer all amounts paid by Customer for the nonconforming portion of the installation Services. 8. Licensed Software Software is provided subject to the particular licensor's standard software license that accompanies Customer End User Equipment. The standard software license is a separate agreement between Customer and the licensor. Customer's assent to the terms and conditions of this Pricing Schedule binds Customer to the terms and conditions of the licensofs standard software license, as if the terms and conditions of the licensor's standard software agreement were fully set forth in this Pricing Schedule, and Customer shall comply with the terms and conditions of the licensor's standard license and associated documentation. 9. Limited Warranty, Limitation of Liability and Limitation of Remedy. In addition to any similar protections set forth under the Master Agreement, the following provisions apply to Services and Equipment offered under this Pricing Schedule: 9.1 WARRANTIES. (a) Equipment. The Equipment will be provided to Customer on an "As Is" basis. (i) AT &T DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, TITLE< NON—INFRINGEMENT, OR ARISING BY VIRTUE OF USAGE OF TRADE). (li) AT &T WILL NOT HAVE ANY OBLIGATION OR BE LIABLE FOR ANY ERROR, OMISSION, DEFECT, DEFICIENCY, OR NONCOMFORMITY IN ANY EQUIPMENT OR ANY OF THE SERVICES. AT &T DOES NOT WARRANT THAT THE OPERATION OF EQUIPMENT WILL BE UNINTERRUPTED OR ERROR FREE. AT &T HAS NO WARRANTY OBLIGATION FOR EQUIPMENT THAT CUSTOMER ACQUIRES THROUGH AT &T AND EQUIPMENT THAT IS NOT MANUFACTURED BY AT &T AND THAT DOES NOT BEAR AN AT &T LOGO OR COPYRIGHT NOTICE. Customer, not AT &T, is responsible for selecting Equipment to achieve its intended results and for promptly verifying that the Equipment performs as specified by the manufacturer or licensor. (b) Manufacturer's Warranty: Notwithstanding the disclaimer set forth in the subsection (a) of this section, AT &T shall pass through to Customer any hardware warranties available from Equipment manufacturers and subsection (a) does not negate any software warranty that Customer may obtain directly from the licensor under the particular licensor's standard software license. 9.2 WORKMANSHIP WARRANTY(a) The provision of Services and any deliverables under this Pricing Schedule shall be performed in a workmanlike manner that would meet commercial industry standards in the field to which the work pertains, as well as any standards set forth in any Attachments, including, but not limited to, any SOWS. No other warranties are provided by AT &T under this Pricing Schedule. (b) Further Disclaimer As To Information Provided by Customer. The Services, as described herein and any Attachments, are based upon, among other things, Information provided by CUSTOMER IN THIS REGARD, AT &T MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED TO AT &T BY CUSTOMER. CUSTOMER ACKNOWLEDGES AND AGREES THAT: (I) NONE OF THE INFORMATION FURNISHED BY CUSTOMER IN CONNECTION WITH AT &T SERVICES AND /OR DELIVERABLES HAS BEEN INDEPENDENTLY VERIFIED BY AT &T AND (II) AT &T EXPRESSLY DISCLAIMS, AND WILL NOT BE SUBJECT TO, ANY LIABILITY WHICH MAY BE BASED ON SUCH INFORMATION, OR ANY ERRORS OR OMISSIONS IN SUCH INFORMATION, WHETHER OR NOT AT &T KNEW OR SHOULD HAVE KNOWN OF ANY SUCH ERRORS OR OMISSIONS, OR WAS RESPONSIBLE FOR OR PARTICIPATED IN THEIR INCLUSION IN OR OMISSION FROM THE SERVICES AND /OR DELIVERABLES. If AT &T does become aware of any errors or omissions in information are made or provided by Customer, AT &T will promptly notify Customer, in writing, of such errors and omissions. 10. Storage of Equipment AT &T and /or Its designated subcontractors may store a reasonable amount of Equipment, materials, tools and other items necessary for the performance of the Services on a Site or in such other secure locations) as Customer may designate, at no charge. Customer will take reasonable precautions to protect and maintain the integrity of any such items and will accept delivery of any such items delivered to Customer's Site when AT &T personnel are not available to accept delivery and place or direct the placement of such items on the Site or other secure location(s). In the event Customer accepts delivery of any items under this Pricing Schedule, Customer will promptly notify AT &T of the delivery and location of the items delivered. 11. Amendments; Termination Customer will be charged for any additions, deletions or changes CChange") in the Equipment and/or Services. If Customer desires a Change, Customer will notify AT &T by written request, and AT &T will provide Customer a revised Bill of Materials and/or Statement of Work reflecting the Equipment, Service and price changes shipping dates, Cutover dates and other terms. Any Increase or decrease in the price occasioned by a Change will be added to /subtracted from the amount of Customer's invoice. After the Effective Date of this Pricing Schedule, ATTUID: AT &T and Customer Confidential Information Public Safetv Hosted Pdoinq Schedule I Page 4 of 5 AT&T GENERAL TERMS APPLICABLE TO AT &T PUBLIC SAFETY HOSTED E9-1.1 SERVICE any changes to an Order or SOW requested by Customer will be processed as a °Change Order ". If AT&T does not receive the executed change documents within 30 thirt) days, no changes will be made to the original document. This Pricing Schedule may be amended or. modified only by written instrument signed by an authorized representative of each party. If Customer changes the work schedule in a SOW or if compliance with such schedule becomes Impractical, due to no fault of AT &T, AT &T reserves the right to reevaluate and amend the pricing for Equipment and Services or to submit change notice for any additional costs incurred as a consequence of such changes. Either party may terminate this Agreement in whole or in part by giving the other party at least thirty (30) days' prior written notice. Either Party may terminate an Order or Change Order by giving the other Party written notice prior to Cutover. In the event Customer terminates an Order or Change Order. (i) prior to the date of delivery of any Equipment, Customer shall pay as a cancellation fee, and not as a penalty, an amount equal to twenty percent (20 %) of the total purchase price of the Equipment cancelled (and once Equipment is delivered to Customer, the relevant Order(s) may not be cancelled); and (ii) Customer shall be liable for an amount equal to fifty percent (50 %) of the fees for Services for the remaining term of this Pricing Schedule (or any applicable Order) plus any non - recoverable costs including, but not limited to, amounts incurred byAT &T in connection with the provisioning of cancelled Equipment and Services. Upon termination, Customer agrees to pay all amounts due for Equipment and Services provided by AT &T up to and including the effective date of termination, plus any costs or expenses (including restocking fees) incurred by AT &T in connection with the performance of the Order. in the event the Customer terminates an Order or Change Order prior to Cutover, the Customer shall be liable for all expenses incurred by AT &T under that Order or Change. Upon termination, Customer agrees to pay AT &T all amounts due for Equipment and Services provided by AT &T up to and including the effective date of termination, plus any nonrecoverable restocking fees or other costs Incurred by AT &T. Such payment will constitute a full and complete discharge of Customer's payment obligations. Termination will also constitute a full and complete discharge of AT &T's obligations. Any Order in progress or requested prior to the termination of this Pricing Schedule will be completed and Customer agree to pay AT &T for the Services performed and /or any Equipment delivered or installed under the Order, Customer will only be liable for the charges incurred in connection with termination as described in this Section 11. Customer shall not be responsible for any other termination charges specified in the Master Agreement 12. Termination of Purchase Order; Suspension of Service Except as otherwise expressly provided in this Pricing Schedule, Order(s) may not be terminated, suspended or canceled unless: a) the other party is in material breach of or default under such Order, and such breach or default continues for a period of thirty (30) days after the giving of written notice by the party not in breach or default, or b) any federal, state or local governmental agency or regulatory body or a court or tribunal of competent jurisdiction renders or enters an order, ruling, either party from continuing, impairs either party's ability to continue, or makes impractical or unduly expensive either party s continuance under such Order or this Agreement. 13. General Provisions AT &T is entitled to Increased compensation and/or time for completion where AT &T encounters concealed physical conditions which differ materially from those indicated in any documents provided under this Agreement or otherwise represented by Customer, or latent physical conditions which differ materially from those ordinarily found to exist and generally recognized as inherent in the installation and/or maintenance activities contemplated by this Pricing Schedule, where such conditions would materially Interfere with, delay or increase cost of performance under this Pricing Schedule. All intellectual property in all Services and Equipment shall be the sole and exclusive property of AT &T or its suppliers. Attachments: 1. Statements of Work e.g. SOW, SCOW, PIG ❑ 2. Bill of Materials for Equipment and Services ❑ 3. Invoicing Schedule and Payment Terms ❑ 4. Implementation Timeline ❑ 5. Certificate of Acceptance ❑ 6. Other: [ j ❑ egulation, directive, decree or judgment which restricts or prohibits ATTUID: AT &T and Customer Confidential Information ROME Opportunity ID Public Safety Hosted Pricing Schedule I Page 5 of 5 Updated: 091918 RMORMU-1 ID1911013 F, Fr For a VESTA — AT&T Hosted 911 System Prepared by: Brent Trease Technical Sales Consultant 11 AT&T Public Safety _ z ' s TABLE OF CONTENTS ................................................................................ ............................... 2 STATEMENTOF WORK ........................................................................ ............................... 3 EXECUTIVE SUMMARY ............................................................................ ............................... 3 CONTACTINFORMATION ......................................................................... ............................... 3 SCOPEOF WORK ..................................................................................... ............................... 4 Overview.......... .......... ............. .................................. ....... ...................................................... 4 AsslmpnoNs ......................................................................................... ............................... 6 PROPOSED PRO.IECT TIMELINE ................................................................ ............................... 7 RESPONSIBILITIES OF THE PARTIES ......................................................... ............................... 7 AT &T Responsibilities ............................................................................ ............................... 7 INCOG and member PSAP (Customer) Responsibilities ....................... ............................... 8 MAINTENANCE & WARRANTY INFORMATION ............................ .......... .................... :............. 9 ACCEPTANCE CRITERIA ................................................................. ............................... 11 Confidential Page 2 1/23/2019 Statement or The purpose of this Statement of Work (SOW) is to clarify the responsibilities of AT&T & INCOG, regarding the scope of work, deliverables, and terms and conditions for upgrading the existing Vesta (AT&T) Hosted 911 call taking positions and ancillary equipment for the PSAP's list on Appendix I below. (i) Customer Informa , tion Customer Name )NCOG PrimaryPSAP INCOG Contact Position Contact Name Contact Number Cell Number INCOG DAMA UUCICABBE 918-579-9438 (ii AT&T lni6rnlati6n Position Contact Name Contact Number Cell Number 911 Resolution Center NA 1-866-AT&T- E911 NA Acct Mgr Todd Karl 314-450-2520 Program Manager TBD TBD CC Technical Sales Consultant 11 Brent Trease 918-576-2600 Confidential Page 3 1/23/2019 Overview INCOG is a consortium of PSAP's that currently reside on an AT &T Hosted VESTA 9 -1 -1 Solution serving (13) 9 -1 -1 Agencies. AT &T upon execution of contract will upgrade the INCOG AT &T Hosted 9 -1 -1 solution with both a software and hardware refresh. The AT &T Hosted 9 -1 -1 Services include: 0 Geo- diverse & Geo- redundancy 0 911 and Mapping Functionality 0 Robust ACID functionality 0 MIS Reporting (ECaTS) Interoperability 0 Security software and features 0 System Health & Monitoring Patch Management 0 Virus Protection 0 Disaster Recovery 0 Back Up and Restoral 0 Training 0 Integration Services Project Management System Design / Integration Coordination 0 Vendor and AT &T Cutover Support 0 On -Line & On -Site Support 0 Remote Maintenance / Diagnostics Confidential Page 4 1/23/2019 5 K- 322_9 \l J KAI Confidential Page 5 1/23/2019 /4SSlttTlp�1011�u ;' i A. The customer will provide a secure storage area to hold the 911 equipment during the interim time before the equipment is installed. B. The customer will coordinate all necessary installation & training dates with AT &T Project Management. C. AT &T, Motorola & ECaTS will perform all necessary installation & testing of the all equipment and associated configuration. D. Airbus will provide Vesta Administrative and Agent training to all PSAP personnel on the Vesta - 911 system. ECaTS will provide ECaTS MIS training remotely via Webinar as needed. E. After the installation and training is complete, AT &T will be responsible for cleaning up all affected areas and removing any items leftover from the work area. F. AT &T will provide all necessary post support contact information to all listed PSAP's. G. If one does not already exist, the customer will mount a piece of plywood (approximately ;4 ft. by 4 ft) in an agreed upon space, for AT &T to mount/terminate the necessary equipment and 911 circuits. H. AT &T will re -use existing Host 911 -Ali circuits that will provide 911 ANI / ALI information for landline & wireless 911 calls. I. AT &T will re -use existing Host 911 -CAMA circuits. J. AT &T will provide a UPS backup power source by installing OMN1900 - UPS devices at each of the workstations and a 2Kva UPS in the back room of each PSAP. The UPS's will provide temporary backup power to all provided 911 equipment but, the UPS's are not designed to provide backup power for an extended period of time. The UPS's are only intended to supplement the power for a short time (typically 10 to 15 minutes) during the customer's transition from the loss of commercial AiC power, to a backup power source provided by the customer. Confidential Page 6 1/23/2019 K. The customer will provide a clean & separate A/C power source to a designated backroom area (located near the area where the 911 circuits are terminated, typically less than 6 feet). To provide for a stable 9 -1 -1 system back -room power source should be exclusive to the 911 equipment to provide for a more stable 911 platform. A separate quad (4 plug) 20 amp power outlet is preferred to power the UPS and 911 equipment in the back room. An L5 -20 twist lock outlet is preferred for the backroom UPS, but not required. A separate (5 -15) power source outlet is preferred for the 911 Positions in the dispatch room to keep the 911 equipment separate from other equipment. Those units are a standard 115Vac outlet. L. The customer will provide a solid grounding system (according to Industry Electrical specifications) that allows for a separate # 6 grounding termination for the new 911 equipment. Without an industry standard ground 9 -1 -1 equipment can either malfunction or be damaged by outside power sources. M. The existing AVPN & LTE backup networks will be re -used at each PSAP. Proposed Prolect'[�meltne ;; Contract signed- TBD Equipment ordered -Upon execution of contract 9 -1 -1 Installation date - TBD Project complete date — TBD Responsibilities of the Parties- 4 � ,: AT &T Responsibilities • AT &T will install the 911 equipment detailed above in the overview section of this Statement of Work and also listed in Appendix 1. Confidential Page 7 1/23/2019 • AT &T will coordinate the Motorola & ECaTS training for PSAP employees on the use of the Vesta - 911 answering equipment & the ECaTS MIS platform as needed. • AT &T will test the 911 equipment and verify that it is properly functioning in the processing of 911 calls in.accordance with the Acceptance Criteria details listed below. • AT &T will provide 3 serial cable handoffs for required customer CAD spills. • See Assumptions section for additional AT &T responsibilities. INCOG and member PSAP (Customers Responsibilities • Customer will work with AT &T to schedule end -user training associated with the Vesta - 911 answering equipment and the ECaT's MIS as needed. • Customer will also coordinate with AT &T on an implementation and go live schedule for the new 911 equipment. • Customer will be responsible to report any feature or other system malfunction to AT &T personnel for repair. • Once acceptance criteria outlined below has been met, customer will sign the acceptance document indicating they agree that the 911 system is in a good operating state for 72 hours after cut day, free of major defects. Example: City of Tulsa cut's live, 72 hours after the cut live date without major defects or issues the PSAP would be considered accepted. Customer is responsible to connect and configure any customer provided equipment that requires a CAD spill (AT &T will provide a 6ft serial cable with the CAD spill). It is the responsibility of the customers vendors (CAD / Voice Recorder / Radio, etc..) to terminate the CAD spill to their respective equipment and make any necessary configurations to the non AT &T provided CPE. Where applicable Customer is.responsible for providing the map data files that will be loaded into the Vesta Map Local software and for keeping the map data updated as new data comes available. (The customer will provide a solid grounding system that provides AT &T with a #6 ground termination in the equipment room. f=ailure of equipment due to an inadequate grounding system is the responsibility of the customer and any costs associated with damaged equipment due to an inadequate ground is the responsibility of the customer). Confidential Page 8 1/23/2019 Note: If a local NetClock is provided the customer will be responsible for terminating the NetClock output leads to the customer provided equipment that requires timing input. Customer will be responsible for mounting the Antenna mast and running the cable from the antenna mast to the NetClock (AT &T does not drill through floors /roofs or work on the customers roof to provide for this connection due to safety issues). AT &T will mount and install the NetClock hardware in the customer provided backroom. See the Assumptions section for other responsibilities. The continuing maintenance of the new 911 equipment detailed above will be provided by AT &T to INCOG on an 8a to 5p (Mon -Fri) basis for non - service affecting troubles for the agreed upon period of 5 years. Service affecting (Major /Critical) issues will be dispatched on a priority basis, first technician available. The equipment maintenance & warranty will run for an agreed upon period of 5 years beginning on the go live date of the new Vesta 911 equipment. Upon the expiration of the maintenance contract, AT &T & INCOG have the option to renew the lease maintenance agreement for an extended period if both parties agree upon an extension period. The replacement parts (for normal wear and tear) are covered during the 5 -year agreement and AT &T labor costs are also included in the AT &T Lease Maintenance / Warranty agreement. Customer damaged equipment will be billed to INCOG at time and material as this type of damage falls outside the coverage /warranty agreement. The Vendor Software Warranty covers software revisions and upgrades for the 5 -year period. Software upgrades that require additional hardware or hardware upgrades are not covered under this agreement. The customer will report all troubles to the AT &T 911 Service Assurance Center at (1.866.722.3911). Confidential Page 9 1/23/2019 t' AT &T LAN POLICY AT &T maintains a strict policy ( "PSAP Network Security Policy ") that it will install 911 equipment only in a secure PSAP LAN, and only where such LANs are not connected to any other computer network outside of AT &T's control. AT &T will identify the demarcation point for the PSAP LAN, beyond which Customer agrees that AT &T is not responsible. in the event customer connects its PSAP LAN to any other computer network, contrary to AT &T's express PSAP Network Security Policy (which Customer acknowledges it has received and read), and the PSAP LAN is infected or damaged as a result of such actions, then all warranties, and maintenance and service provisions of this Agreement shall be null and void and AT &T disclaims any liability whatsoever relating to any PSAP LAN which Customer or its agents connect to any other computer network contrary to the PSAP Network Security Policy. Under such circumstances, AT &T will provide repair services for the PSAP LAN at Customer's request, which will be billed on a time and material basis at AT &T's then - prevailing rates. Customer further agrees to indemnify and save AT &T harmless for any damages to or claims by any third party against AT &T which arise in whole or in part from Customer's connection of the 911 equipment and /or services being provided hereunder to any LAN or any other computer network outside of AT &Ts control, including without limitation the national CIC. Strict LAN policy requirements are intended to protect the integrity and security of the provided 911 CPE. Confidential Page 10 1/23/2019 The installed 911 system will be considered accepted when INCOG / PSAP representatives and AT &T agree that the following criteria have been met: The installation shall be deemed complete when the 911 equipment is in an operating condition (go live state). The system will have the ability to answer (and Map calls where applicable) live 911 calls free of issues for 72 hours. Minor omissions not materially affecting system functionality shall be noted and shall be promptly remedied by AT &T. A. RELIABILITY - The quality and reliability of the system has reached a level of stability such that the new 911 system has been cut over and has been in constant use as the primary source of 911 call processing for 72 consecutive hours without malfunctions., Malfunctions shall be defined as any feature, network element, or other problem that affects recording of 911 calls. Malfunctions will be mutually agreed upon between the INCOG and AT &T. B. FEATURES -The system is providing all features and capabilities per the Scope of Work and associated executed contract. C. TRANSMISSION LEVELS - The quality and level of transmission will be consistent with published specifications of the system. D. EQUIPMENT INSTALLATION AND GROUNDING - All wiring, grounding, and interface equipment installation has been completed, and is in accordance with industry standards. E. TRAINING - The training program for PSAP call takers, supervisors, and system administrators has been satisfactorily completed with INCOG PSAP personnel. F. DOCUMENTATION - User documentation is completed and on file with the INCOG PSAP personnel. G. SERVICE CALL PROCEDURES - Procedures have been established and understood by INCOG PSAP personnel for the receipt and dispatch of AT &T service specific technicians. Confidential Page 11 1/23/2019 Customer Acknowledgment The customer, by signing below, indicates that the Statement of Work has been read and the terms outlined within have been accepted. This Statement of Work is part of AT &T's Product and Services Agreement. The customer understands that any work performed outside of the Statement or work will be deemed billable work. Any questions conceiving AT &T's responsibilities and the work to be done should be directed to the AT &T representative listed below. INDIAN NATIONS COUNCIL AT &T OF GOVERNMENT, OK 9 -1 -1 Signature Name (type/print) Title (type/print) Date Confidential Signature Todd Karl Name (typelprint) Account Sales Executive 11 — E911 Public Safety—AT &T Title (type/pnnt) Date Page 12 1/23/2019 aw PLEASE READ THIS IMPORTANT MESSAGE AT &T BUSINESS SERVICES AGREEMENT This AT &T Business Services Agreement ( "Agreement ") applies to the AT&T Services to which You subscribe, except for Services provided under (a) a Tariff; or (b) another agreement between You and AT &T (unless that other agreement references this Agreement). The Effective Date of this Agreement for any individual Service is the later of: (a) the date on which the withdrawal of a Tariff governing the Service becomes effective; or (b) the date on which You subscribe to or use the Service. When You apply for, subscribe to, or use the Service after the Effective Date, You are accepting the terms of this Agreement. If You do not agree with the terms of this Agreement, You must notify AT &T prior to the Effective Date to disconnect the Service. To disconnect the Service, You must contact AT &T by calling the number on Your billing statement or by using any other method designated by AT &T. You will be responsible for all applicable charges incurred prior to termination. AT &T TARIFFS, GUIDEBOOKS and SERVICE GUIDES, (COLLECTIVELY, THE "SERVICE PUBLICATIONS ") AS MODIFIED FROM TIME -TO -TIME, ARE INCORPORATED BY REFERENCE HEREIN TO THE EXTENT EACH IS APPLICABLE TO THE SERVICE(S) PROVIDED UNDER THIS AGREEMENT, AS IF THOSE DOCUMENTS ARE SET FORTH ORIGINALLY HERE. You agree that it is impractical for AT &T to provide here all of the terms and conditions, including rates and charges, that are set forth under those documents and that AT &T has acted reasonably in providing access to the Tariffs, Guidebooks and Service Guides as described in Section 1. THIS CONTRACT CONTAINS AN ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES. 1, DEFINITIONS Terms not otherwise defined in this Agreement have the following meanings: a. "Agreement" means the terms and conditions set forth herein and in all incorporated documents b. "API" means an Application Program Interface used to make a resources request from a remote implementer program. An API may include coding, specifications for routines, data structures, object classes, and protocols used to communicate between programs. c. "AT &T," "the Company," "we," and "us" means the affiliates and subsidiaries of AT &T Inc. that provide or may provide Services to You under this Agreement. In the Tariffs, Guidebooks and Service Guides, AT &T may be referred to as "the Telephone Company;' or "the Company." d. "Acceptable Use Policy" or "AUP" means AT &T's policy that applies in accordance with its terms to any Service or Service capability within its scope, as may be modified by AT &T from time -to -time, including, by way of example only, Services provided over or accessing the Internet or certain wireless data networks. The AUP is provided at att.com /aup and is incorporated by reference here as if originally set forth here. e. "Guidebooks" are those documents that contain the standard descriptions, pricing, and other terms and conditions for Services that were, but no longer are, filed with regulatory commissions. You can find AT &T's Guidebooks at www .att.com /servicepubtications. (In some jurisdictions, the Guidebooks may be called "Catalogs" or "Service Descriptions, "Price Lists" or "Terms of Service ") If You do not have access to the Internet, You may tail an AT &T representative at the number that appears on Your billing statement for a copy of the Guidebook(s) that apply to Your Service(s). AT &T reserves the right to modify the Guidebooks from time -to -time by the methods described elsewhere in this Agreement; You should regularly review the Guidebooks for Your Service(s) to ensure You are familiar with the current controlling terms and conditions. I. "Service" or "Services" means the retail business services offered by AT &T pursuant to this Agreement. Commercial Mobile Radio Services (such as cellular or other wireless services) are not retail business services under this Agreement. A "Service Component" means an individual component of a Service. g. "Service Guides" are documents that contain the standard description, prices, and other terms and conditions for Services that are not contained in a Guidebook or a Tariff. You can find AT &T's Service Guides at www.att.com /servicepublications. If You do not have access to the Internet, You may call an AT &T representative at the number that appears on Your billing statement for a copy of the Service Guide(s) that apply to Your Service(s). AT &T reserves the right to modify the Service Guides from time -to -time by the methods described elsewhere in this Agreement; You should regularly review the Service Guides for Your Service(s) to ensure You are familiar with the current controlling terms and conditions. h. "Software" means software, including APIs, and all associated written and electronic documentation and data licensed by AT &T or a Third party to Customer. Software does not include software that is not furnished to You. i. "Tariffs" are documents that contain the standard descriptions, pricing, and other terms and conditions for Services for which a regulatory commission requires AT &T to file a Tariff. You will find AT &T's Tariffs at www.attcom /servicepublications. J. "You" or "Your" means the person or entity subscribing to the Service(s) provided under this Agreement, and its employees, directors, agents and representatives. 2. USE OF THE SERVICES AT &T will provide Services to You, subject to availability and operational Limitations of systems, facilities and equipment. You may not resell the Services to third parties without AW's written consent. You shall cause Users (anyone who uses or accesses any Service provided to You) to comply with this Agreement, and You are responsible for their use of any Services. You and all Users shall comply with all applicable state and federal laws and regulations. You are responsible for ensuring that alt of the equipment You and Your Users use with a Service is compatible with the Services. You and any Users must comply with the AUP. If You desire to secure Your transmissions in connection with any of the Services, You must procure, at Your own cost, encryption software or other transmission protection. 3. ACCESS TO PREMISES; HAZARDS a. Access. On occasion, AT &T may need access to Your premises and /or other premises that are not under AT &T's control ( "non -AT &T locations ") to provide the Services. You agree to allow (or obtain permission for) AT &T to access all non -AT &T locations (other than public property) and equipment reasonably required to provide the Services. Access includes the ability to review information and the right to construct, install, repair, maintain, replace and remove access lines and network facilities, and to use ancillary equipment space within any building, necessary for Your connection to AT &T's network. You will furnish any conduit, holes, wire ways, wiring, plans, equipment, space; power /utilities, and other items required to perform installation of the Services, and obtain any necessary licenses, permits and consents (including easements and rights -of -way). b. Hazards. You shall ensure that all non -AT &T locations at which AT &T installs, maintains or provides the Services is a suitable and safe working environment, free of any substance or material that poses an unreasonable risk to health, safety or property or whose use, transport, storage, handling, disposal, or release is regulated by any law related to pollution, protection of air, water, or sell, or health and safety. if AT &T encounters any such hazardous materials at a location, AT &T may terminate the affected Service or any affected Service Component, or suspend performance until You remove the hazardous materials. 4. EQUIPMENT & SOFTWARE a. The Services may include use of certain equipment owned, leased or controlled by AT &T that is located at non -AT &T locations ( "AT &T Equipment'). Title to the AT &T Equipment will not pass to You You must provide electric power for the AT &T Equipment and keep the AT &T Equipment physically secure and free from liens and encumbrances. You wilt bear the risk of loss or damage (other than ordinary wear and tear) to the AT &T Equipment. J_ Software License. Software may be provided subject to the terms of a separate license between You and the licensor or the manufacturer. Your placement of an order for Software is Your agreement to comply with such separate agreement. All Software is provided "AS IS" without warranty of any kind. 5. PRICES; CHARGES; BILLING; PAYMENT AND CREDITS; CHANGES TO AGREEMENT a. Prices and Surcharges. You agree to pay AT &T for the Services at the prices and charges provided in the applicable Guidebook or Service Guide or Tariff, without deduction, setoff or delay for any reason. The prices do not include, and You agree to pay, all applicable taxes, regulatory and other surcharges, recovery fees, shipping charges, and other similar charges specified or allowed by any governmental entity relating to the sale, use or provision of the Services. Taxes and government surcharges wilt be in the amounts that federal, state, and local authorities require or permit AT &T to bill You. Unless a Service Publication specifies a different date, Your obligation to pay for a Service begins upon availability of the Service to You ( "Cutover "), b. Price Changes. AT &T reserves the right to, from time -to -time, change the price for a Service upon the following Notice: (i) the price of a Service may be decreased without further notice to You; (ii) AT &T will provide Notice to You of a Service price increase at least 30 days prior to the effective date of the price increase. If You do not disconnect the affected Service by the effective date of the price increase, You will be liable for the increased price. The methods of Notice are described in Section 5.d. below, and AT &T will select the method of Notice at its discretion or as required by law or regulation. AT &T may, as required or as It feels necessary, provide Notice of a change in a tax or surcharge that will affect Your account. c. Changes Other Than Price. AT &T reserves the right to, from time -to -time, change the terms and conditions of this Agreement other than a change in price (including changes to documents incorporated by reference) upon at feast 30 days 3 prior Notice of such a change. d. Notice. When Notice by AT &T is required, AT &T will provide Notice by one of the following methods, and AT &T shall solely determine at the time of the Notice which of the methods described here is appropriate: (i) posting the Notice on the AT &T website at or near the posting location of the relevant Tariff, Guidebook or Service Guide; or, (ii) by bill insert or bill page message; or, (iii) by letter or postcard via U.S. Postal Service to Your bitting address; or, (fv) via a call to Your billed telephone number; or, (v) via an email to the email address You have provided. AT &T may determine that it is appropriate under certain circumstances to provide Notice of a particular change via more than one of these methods, however, such multiple Notice is not required at any time. Your continued subscription to, usage of, or payment for the Service after the effective date of any change for which You have received Notice wilt be deemed Your acceptance of the change(s). You must contact AT &T at the number shown on Your monthly bitting statement prior to the effective date of the modification to discontinue the affected Service if You do not agree with the changes described in the Notice. YOU AGREE THAT NOTICE BY AT &T BY ANY OF THE ABOVE METHODS IS SUFFICIENT. e. Billing. AT &T will determine the billing period and may change it from time -to -time and without Notice to You. CHARGES BEGIN TO ACCRUE AT THE START OF EACH BILLING PERIOD AND CONTINUE THROUGH THE FULL BILLING PERIOD. Monthly recurring charges wilt be billed in advance, and You will be billed pro -rata if the Service is installed or changed during the billing period. Usage based charges, such as those billed for calls, will be billed as used. For purposes of billing, calls will be rounded up to the next full minute for any fraction of minutes. FOR MONTHLY RECURRING CHARGES, YOUR FIRST BILL WILL INCLUDE CHARGES FOR THE PARTIAL MONTH IN WHICH CUTOVER OCCURRED AND ALL INSTALLATION CHARGES. Any mathematical error made by AT &T or any of its representatives does not constitute an offer and thus may be corrected or modified by AT &T. f. Payment and Disputes. Payment is due on the date specified on Your bill, or, as specified in the Tariff, Guidebook or Service Guide, whichever is later, or, if no date is specified, 30 days after the bill date. Restrictive endorsements or other statements on checks are void. AT &T may charge a late payment fee for overdue payments in an amount specified in the applicable Tariff, Guidebook or Service Guide, or, if no such rate is specified, at the lower of 1.5% per month (16% per annum) or the maximum rate allowed by law. AT &T has the right to also recover all costs (including attorneys' fees) for collecting delinquent or dishonored payments. g. Deposits, Credit Checks and Credit Limits. AT &T may require You to pay a deposit as a condition of providing Service. AT &T has the right to apply the deposit against any past due amounts at any time. You authorize AT &T to investigate Your credit and share information about You with credit reporting agencies. Based on Your credit worthiness as AT &T determines it AT &T may set a credit limit on Your account at any time. If You exceed Your credit limit, AT &T may restrict Your access to a Service(s). h. Service Credits. If there is an interruption or failure of a Service caused solely by AT &T and not by You or a third party or for force majeure reasons described under Section 11_g., You may be entitled to a credit or credits as specified in the applicable Tariff, Guidebook or Service Guide. 6. TERMINATION AND SUSPENSION a. Insolvency; Material Breach. AT &T may discontinue providing You the Service(s) immediately upon notice to You if You become insolvent, cease operations, are the subject of a bankruptcy petition, or You have made an assignment for the benefit of creditors. You may terminate an affected Service for material breach by AT &T, and AT &T may terminate or suspend (and Later terminate) an affected Service for material breach by You, if such breach is not cured within 30 days of notice. b. By You. You may terminate this Agreement by disconnecting all the Service(s) provided under this Agreement. To disconnect the Services You must contact AT &T at the number provided on Your bill and take all reasonable steps required by AT &T to disconnect the Service(s). If You subscribe to multiple Services that are provided under this Agreement, if You disconnect some but not all of the Services. this Agreement remains in effect for those Services that are not disconnected. You are liable for all charges related to a Service until the Service is disconnected by You according to AT &T's standard practices. You may incur early termination charges pursuant to such provisions in the applicable Tariff, Guidebook or Service Guide. You may also incur termination charges in the event of a breach by You, including nonpayment for services. c. By AT &T. AT &T may terminate or suspend a Service if You: (i) fail to pay any charges when due; (ii) commit a fraud upon AT &T; (iii) utilize the Services to commit a fraud upon another party; (iv) unlawfully use the Services; (v) abuse or misuse AT &T's network or Services; or, (vi) interfere with another customer's use of AT &T's network or services. If You fail to rectify a violation of the AUP within 5 days after receiving notice from AT &T, then AT &T may suspend or terminate the affected Service. d. Withdrawal of Service. AT &T reserves the right to withdraw a Service upon reasonable Notice. e. Network Changes. AT &T reserves the right to temporarily suspend or interrupt Services at any time to make necessary changes in how we provide Services over our network and facilities to your premises. We wilt provide advance notice of these network changes to the extent required by this Agreement, applicable law and regulation. In some cases, such changes in how we provide Services may require a technician to be dispatched to your premises to install. new network equipment and transfer your service to the new network equipment in order to ensure you continue to receive such Services. The network equipment we install at your premises may require the use of your electrical power for the operation of our facilities. Where a technician visit is required, if you do not allow AT &T to install the new network equipment at your premises, your telephone service may be disconnected. f. Liable for Payment. If any Service is terminated or disconnected for any reason, You are responsible for all charges and fees through the date of disconnect. If any Service is disconnected prior to the rendering by AT &T of a billing statement, You may be liable for reimbursement to AT &T for time and materials, and any third party charges that were incurred by AT &T prior to the effective date of disconnect. g. Reinstatement. If You ask AT &T to reinstate a Service following a disconnection, cancellation or termination, AT &T may, in its sole discretion, require You to pay a deposit or other applicable charges, including installation charges in addition to all outstanding charges for the Service. 7. DISCLAIMERS OF WARRANTIES AND LIABILITY a. Disclaimer of Warranties. AT &T MAKES NO EXPRESS OR IMPLIED WARRANTY AND DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON - INFRINGEMENT OR THOSE ARISING FROM USAGE OF TRADE OR COURSE OF DEALING. FURTHER, AT &T MAKES NO WARRANTY THAT TELEPHONE CALLS OR OTHER TRANSMISSIONS WILL BE CORRECTLY ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING CALLS TO 911). FURTHERMORE, AT &T MAKES NO WARRANTY REGARDING: (I) NETWORK SECURITY; (ii) THE ENCRYPTION EMPLOYED BY ANY SERVICE; (iii) THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP, STORED OR LOAD BALANCED; (iv) THAT AT &T'S SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF OR IMPROPER ACCESS TO YOUR DATA; OR; (v) THAT SERVICES WILL BE UNINTERRUPTED OR ERROR -FREE. AT &T IS NOT LIABLE FOR ANY DAMAGES RELATING TO: (L) INTEROPERABILITY; (ii) ACCESS TO OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, EQUIPMENT, SERVICES, CONTENT OR NETWORKS PROVIDED BY YOU OR OTHERS; (iii) SERVICE DEFECTS; (iv) SERVICE LEVELS, DELAYS OR INTERRUPTIONS UNLESS SPECIFICALLY PROVIDED OTHERWISE IN THIS AGREEMENT; (v) ANY INTERRUPTION OR ERROR IN ROUTING OR COMPLETING CALLS OR OTHER TRANSMISSIONS (INCLUDING 911 CALLS); (vi) LOST OR ALTERED TRANSMISSIONS (vii) UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS, OR DESTRUCTION OF YOUR OR OTHERS' APPLICATIONS, CONTENT, DATA, NETWORK OR SYSTEMS. b. Limitation of Liability: AT &T'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR DAMAGES ARISING OUT OF THIS AGREEMENT AND NOT DISCLAIMED UNDER THIS AGREEMENT SHALL NOT EXCEED THE APPLICABLE CREDITS SPECIFIED IN THE SERVICE PUBLICATION OR, IF NO CREDITS ARE SPECIFIED, AN AMOUNT EQUAL TO THE TOTAL NET CHARGES TO YOU FOR SERVICE TO WHICH THE CLAIMED DAMAGES RELATE DURING THE PERIOD IN WHICH SUCH CLAIMED DAMAGES OCCUR AND CONTINUE. IN NO EVENT SHALL ANY OTHER LIABILITY ATTACH TO AT &T. THIS LIMITATION WILL NOT APPLY TO BODILY INJURY, DEATH OR DAMAGE TO REAL OR TANGIBLE PROPERTY DIRECTLY CAUSED BY AT &T'S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT. c. Consequential Damages. NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY UNDER ANY CIRCUMSTANCE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES. d. Survival and Applicability. These disclaimers and limitations of liability will apply regardless of the form of action, whether in contract tort, strict Liability or otherwise and whether damages were foreseeable. These disclaimers and limitations of liability will survive failure of any exclusive remedies provided in this Agreement_ 8. Arbitration AT &T and You ( "We") agree to resolve all disputes between us through binding arbitration administered by the American Arbitration Association ( "AAA ") under its Commercial Arbitration.Rules, as modified by this provision. This agreement to arbitrate is broad, and includes disputes of any type between AT &T (including its subsidiaries, affiliates, agents, predecessors, successors, and assigns) and You (including authorized or unauthorized users /beneficiaries of services or devices) under this or prior agreements. WE AGREE THAT WE ARE WAIVING THE RIGHT TO A TRIAL BY JURY, TO PARTICIPATE IN A CLASS ACTION, OR TO SEEK REMEDIES BEYOND THE EXTENT NECESSARY TO PROVIDE INDIVIDUALIZED RELIEF TO, AND AFFECTING ONLY, AT &T OR YOU ALONE. WE AGREE NOT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED OR DE FACTO CLASS OR REPRESENTATIVE PROCEEDING, OR AS A PRIVATE ATTORNEY GENERAL OR ON BEHALF OF THE GENERAL PUBLIC. Except for matters relating to arbitrability or to the scope and enforceability of the arbitration provision or the interpretation of the limitations on class, representative, private attorney general, and non - individualized relief, atl issues are for the arbitrator to decide. A party seeking arbitration must first send to the other, by certified mail, a written Notice of Dispute ( "Notice "). Notice to AT &T must be addressed to: Office of Dispute Resolution, AT &T, 1025 Lenox Park Blvd., Atlanta, GA 30319 ("Notice Address "). The Notice must. (a) describe the basis of the claim or dispute; (b) describe the specific relief sought ( "Demand "); and (c) provide Your AT &T account number. If We do not resolve the claim within 30 days after receipt of the Notice, either of Us may commence an arbitration. The amount of any settlement offer made by AT &T or You shall not be disclosed to the arbitrator until after the arbitrator determines the amount of any award on the merits. Unless We agree otherwise, any arbitration hearings will take place in the county of Your bitting address. AT &T wit[ pay all AAA filing, administration, and arbitrator fees for a claim brought by AT &T or for a claim or Demand valued at up to $25,000 brought by You. If the arbitrator finds that Your claim or Demand Is frivolous or is brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of fees will be governed by the AAA rules and You agree to reimburse AT &T for fees already paid by AT &T that are Your obligation under the AAA rules. If You complied with the notice procedures above; the value of Your claim or Demand is $25,000 or less; and the arbitrator awards You an amount greater than the value of AT &T's last written settlement offer made before an arbitrator was selected (or any amount if AT &T made no offer), AT &T will: • Pay You the award or $10,000, whichever is greater ("Alternative Payment"); and • Pay Your attorney, if any, the amount of attorneys' fees and expenses (including expert witness fees and costs) that Your attorney reasonably accrues for investigating, preparing and pursuing Your claim in arbitration ('Attorney Award "). The arbitrator may rule on the payment of fees, expenses, and the Alternative Payment and Attorney Award during the proceeding and within 14 days after his /her final ruling on the merits. In assessing whether the award is greater than the value of AT &T's last written settlement offer, the arbitrator may consider only those attorneys' fees or expenses that You incurred through the date of Your Notice and which had been awarded to You. You may also recover attorneys' fees and expenses under applicable taw, but You may not recover duplicative awards of attorneys' fees or expenses. This Agreement evidences a transaction in interstate commerce, and the Federal Arbitration Act governs. This arbitration provision survives termination of this Agreement. As the exclusive alternative to arbitration, AT &T or You may commence an individual action in Small Claims Court. If a court rejects enforcement of any of the limitations on class, representative, private attorney general, or non - individualized relief as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. Notwithstanding any provision in this Agreement to the contrary, We agree that if AT &T makes any future change to this arbitration provision (except a change to the Notice Address) during Your Service Commitment, You may reject any such change by sending AT &T written notice within 30 days of the change to the Notice Address. By rejecting any future change, You agree to arbitrate any dispute in accordance with the language of this provision. If You are located in Puerto Rico, in addition to pursuing arbitration in accordance with this provision, You may notify the Telecommunications Regulatory Board of Puerto Rico of Your grievance. Mail: 500 Ave. Roberto H. Tood (Parada 18), San Juan, Puerto Rico 00907 -3941; Phone: 1- 787 - 756 -0804 or 1 -866- 578 -5500; Online: jrtpcgobierno.pr. 9. THIRD PARTY CLAIMS a. By AT &T. AT &T agrees at its expense to defend or settle any claim against You and to pay all compensatory damages finally awarded against You where the claim alleges that a Service infringes any patent, trademark, copyright, or trade secret, except where the claim arises out of: (i) Your or a User's content; (ii) modifications to the Service by You or third parties, or combinations of the Service with any services or products not provided by AT &T; (iii) AT &T's adherence to Your written requirements; or (iv) use of the Service in violation of this Agreement. AT &T may at its option either procure the right for You to continue using, or may replace or modify, the alleged infringing Service so that the Service becomes non- infringing, or failing that, to terminate the Service without further liability to You. b. By You. You agree at Your expense to defend or settle any claim against AT &T, its affiliates, and its and their employees, directors, subcontractors, and suppliers, and to pay all compensatory damages finally awarded against such parties where: (i) the claim alleges that a Service infringes any patent, trademark, copyright or trade secret and falls within the exceptions under Section 9.a (i) - (iv) above; or (ii) the claim alleges a breach by You or any User of a Software license agreement. c. AT &T's obligations under Section 9.a. shall not extend to actual or alleged infringement or misappropriation of intellectual property based in whole or in part on Software. 10. IMPORT/EXPORT CONTROL You, not AT &T, are responsible for complying with import and export control laws, conventions and regulations for all equipment, software, or technical information You move or transmit between countries using the Services. 11. GENERAL PROVISIONS a. Confidentiality and Privacy. Each party is responsible for complying with the privacy laws to which it is subject and will not disclose any confidential information pertaining to the other unless required to do so under applicable law or regulation. Until directed otherwise by You in writing, if AT &T designates a dedicated account representative as Your primary contact with AT &T, You authorize that representative to discuss and disclose Your customer proprietary network information to any employee or agent of Yours without a need for further authentication or authorization. b. Independent Contractor Relationship. Each party is an independent contractor. Neither party controls the other, and neither party nor its Affiliates, employees, agents or contractors are Affiliates, employees, agents or contractors of the other party. c. Assignment. This Agreement may not be assigned by either party without the prior written consent of the other party, which consent will not be unreasonably withheld or delayed. AT &T may (i) assign in whole or relevant part its rights and obligations under this Agreement to an affiliate, or (ii) subcontract work to be performed under this Agreement, but AT &T will in each such case remain financially responsible for the performance of such obligations. d. Limitations. Any claim or dispute arising out of this Agreement must be filed within 2 years after the cause of action arises and the parties waive any statute of limitations to the contrary. e. Third Party Rights. This Agreement does not provide any third party (including Users) any remedy, claim, liability, cause of action or other right or privilege. f. Governing Law. The law of the State of the billing address of Your Service shall govern this Agreement except to the extent that such law is preempted by or inconsistent with applicable Federal Law. This Agreement is limited to Services provided in the United States. g. Force Majeure, The Company shall not be liable for any loss or damage, delay, or failure in performance of any of the services or facilities furnished by the Company from causes beyond the Company's control, such as fire; flood; lightning; earthquakes; power failures or blackouts; severe weather, explosions; wars or armed conflicts; national state or local emergencies; civil disobedience; shortage of labor or materials; labor disputes, strikes, or other concerted acts of workers (whether of the Company or others); embargoes; acts of God; acts of terrorism, or acts of vandalism or acts otherwise known as "Force Majeure. ". h. Entire Agreement. This Agreement (which may include any other signed (including e- signed) agreement with AT &T that incorporates this Agreement by reference) constitutes the entire agreement between AT &T and You concerning the Services and supersedes all other written or oral agreements. This Agreement may only be modified as set forth above, and in no case can be modified or supplemented by any other written or oral statements, proposals, service descriptions or purchase order forms. 1. Severability. If any part of this Agreement is found to be invalid or unenforceable, the rest of the Agreement remains enforceable. The foregoing does not apply to the prohibition against class or representative actions that is part of the Arbitration provisions above; if that prohibition is found to be unenforceable, the Arbitration clause (but only the Arbitration clause) shall be null and void. j. Priority of Terms of Signed Agreements. If You have another signed (including e- signed) agreement with AT &T that incorporates this Agreement by reference, the terms of that signed agreement shalt have priority over the terms in this document, without regard to the fact that this document has been incorporated into an attachment to that agreement. k. Priority of This Agreement and Incorporated Documents. Subject to Section 11.j. above, in the event of a conflict between the terms and conditions of this Agreement, the terms and conditions of a Guidebook, the terms and conditions of an applicable Service Guide or the terms and conditions of a Tariff, the following order of priority (descending) will be applied to determine which terms and conditions control: Tariff; Guidebook; Service Guide; and then this Agreement. BSA DB 07.01.2017 H6BLPeoPIeNFALC aaen XFALIry TO: FROM: SUBJECT: DATE: The Honorable Mayor and City Council Chris Garrett Assistant City Manager Disposal of Surplus Vehicles March 15, 2019 BACKGROUND: This item is a request to "declare surplus" various vehicles and equipment previously used by several city departments. By city ordinance, surplus or obsolete supplies, materials or equipment valued at more than $500 must be declared surplus by the City Council before they are sold. Items valued at $500 or less may be declared surplus by the City Manager. Surplus items valued at over $1,500 must be offered for bid or auction. The vehicles and equipment listed below are obsolete for use due to mechanical related issues. These vehicles and equipment are not suitable for transfer to another city department. It is difficult to place an exact value on each asset; therefore, the intent is to offer the assets through online auction. Offering the vehicles and equipment through auction ensures compliance with city ordinance in the event one of the assets sells for more than $1,500. RECOMMENDATION: Staff recommends City Council declare as surplus to the needs of the City the vehicles and equipment identified below, and make them available for disposal. Vehicles: 1974 Ford Dump 1983 Ford C-800 Fire 1988 Ford Ambulance (converted) 1993 Chevy C25 SW Suburban 1994 Chevy Fleetside 1994 Chevy Blazer 1996 Ford Crown Victoria 1996 Dodge Ram 1/2 -ton 1997 International Trash 1997 International 490 1998 Chevy 3/4 -ton 1999 Dodge Ram 1500 1999 Ford Crown Victoria (Y902VT34239) (1 FDPC80K5DVA29827) (1 FDKE30MXJHB51618) (1 GNGC26KPJ T 7020) (1 GCEC14Z6RXZ273500) (1 GNDTI3WXR0152127) (2FALP71W3TX155593) (1 B7HC16Y5TJ201159) (1 HTSHADR4VH453081) (1 HTSDAAR4VH461651) (1 GCGC24RX W E209428) (1B7HC16Z5X5287808) (2FAFP71 WXXX 108015) 1999 1999 2000 2000 2001 2001 2002 2002 2002 2002 2003 2003 2005 2006 2006 2006 2006 2007 2007 2007 2008 2008 2008 2008 2009 2009 2009 Dodge Dodge Chevy Chevy Chevy Ford Chevy Chevy Ford Chevy 4WD CraneCarrier Crane Carrier International Ford Ford Ford Ford Ford Ford Crane Carrier Ford Ford Ford Ford 1500 1/2 Ton 2500 Impala Impala Impala Escape C3500 C3500 Explorer Silverado C3500 Unknown PLDT2 -40 Trash - McNeilus Crown Victoria Crown Victoria Crown Victoria Crown Victoria Crown Victoria Crown Victoria LDT2 CVP 4D CVP 4D CVP 4D X21H F250 Ford Crown Victoria Ford Crown Victoria Ford Crown Victoria Unknown Ford Equipment: Backhoe 555D 1993 Generac Generator 1995 Generac Generator 1995 Generac Generator 2003 Kohler Generator Unknown McGraw- Edison Generator (1B7HC16Y9X5306643) (3B7KC26Z5XM551050) (2G 1 W F55K5Y9274739) (2G1 WF55K8Y9299943) (2G1 WF55K719313725) (1FMYU02B71KB42045) (1 GBJK341 X2E265277) (1 GBJK34142E257448) (1 FMZU73W92UB87055) (1 GBJK34G92E234512) (1 CYCAK4843TO45921) (1 CYCCK4873TO45650) (1 HTHGADT25JO32792) (2FAFP71 W46X163882) (2FAFP71W66X163883) (2FAFP71 WX6X163885) (2FAHP71 WO6X159532) (2FAFP71 W 17X 159628) (2FAFP71 W37X115839) (1 CYC C K4807TO47830) (2FAFP71V58X141836) (2FAFP71V78X141837) (2FAFP71V38X141835) (1 FTSX21 R48EA62528) (2FAHP71V59X109141) (2FAHP71V39X109140) (2FAHP71V79X109142) Unreadable 93AO339 -S (2008902) 95AO2321 -S (2020664) MA12 (305969A) 20RZ (768623) 100 /ODYC -15R (1840728248) sd REAL People • REAL cM1arader • R&1L CommunRy TO: The Honorable Mayor and City Council FROM: Chelsea Levo Feory, CEcD Economic Development Director SUBJECT: Economic Development Incentives Policy DATE: March 15, 2019 BACKGROUND: The City of Owasso adopted and began implementing an Economic Development Strategic Plan (EDSP) in February 2018. One of the strategies in the EDSP is to establish incentives guidelines and policy. Incentives can be a highly controversial topic for communities, while incentives only serve to "tip the scale" for a business location decision when all factors are equal among competing communities. Strategic communities utilize incentives as tools to achieve their economic development goals. The importance of this strategy is to thoughtfully consider how incentives Will help Owasso advance efforts towards what the community needs to achieve maximizing returns on investments. Staff researched incentives policies, guidelines, applications, and case studies from several economic development resources, organizations, and cities across the United States. The research was reviewed and discussed within an internal staff committee including members from the Economic Development, Community Development, Finance, Public Works, and Managerial Departments. The Incentives Policy and Incentives Guide are a compilation of this work. OWASSO ECONOMIC DEVELOPMENT AUTHORITY: The incentives documents were presented to the Owasso Economic Development Authority (OEDA) during the January 10, 2019, meeting for review and discussion. Incorporating Trustee revisions, the documents were presented a second time during the February 14, 2019, meeting. The OEDA voted to recommend Council consideration to approve the Owasso Economic Development Incentives Policy. RECOMMENDATION: Staff recommends approval of the Economic Development Incentives Policy Statement 03 -2019. ATTACHMENTS: Economic Development Incentives Policy Economic Development Incentives Guide POLICY 03 -2019 OWASSO CITY COUNCIL CITY OF OWASSO, OKLAHOMA ECONOMIC DEVELOPMENT INCENTIVES POLICY STATEMENT SECTION 1 - PURPOSE The purpose of this policy is to regulate the process that applicants follow when applying for economic development incentives from the City of Owasso, as well as to establish the consideration and approval processes for the City. SECTION 2 - FEES A fee will be established with a resolution passed by the Owasso City Council for the Economic Development Incentive application process to afford the time and resources dedicated by the City to the review and consideration of economic development incentives. SECTION 3 - REVIEW AND APPROVAL Economic Development Incentive applications shall be submitted to the Economic Development Department where they will undergo an initial review process at the staff level. Next, applications will be presented, with the Economic Development Department staff's recommendation, to the Owasso Economic Development Authority (OEDA) for their review, discussion, and recommendation. Finally, applications will be presented, with the Economic Development Department's recommendation and the OEDA's recommendation, to the Owasso City Council for review, discussion, and final action. Upon City Council approval of an application and agreed upon incentive award, staff will draft a Performance Agreement to incorporate obligations and terms set by the City Council. SECTION 4 - TARGET INDUSTRIES The City of Owasso's Target Industries are metal manufacturing, aircraft parts, destination and /or research and development (R &D) medical, office /headquarters, and information technology. The identification of Target Industries is not intended to exclude other economic projects. SECTION 5 - "BUT -FOR" DETERMINATION The "But -For" Determination is the final test in determining whether to grant incentives to a company that is considering a relocation or expansion outside the community or cannot expand inside the community "but for" the incentive in question. SECTION 6 - DISCLOSURE STATEMENT The City will not consider any incentive unless the applicant submits a full and complete application and provides any additional information as requested by the City. The accuracy of the information provided in the application shall be verified by the City or its designees, which may include third -party consultants or entities with expertise in the field of economic development. Any information provided by the applicant in the course of the application process will be returned to the applicant upon completion of the review process. Any applicant who provides incorrect or incomplete information, or allows their representative to do so, either in the economic incentive agreement application process or the annual compliance review of such an agreement, may cause the application to be declared null and void and shall be required to immediately repay the entire amount of the economic incentive agreement to the City of Owasso upon discovery of the false information. POLICY 03 -2019 OWASSO CITY COUNCIL ECONOMIC DEVELOPMENT INCENTIVES POLICY STATEMENT Page 2 of 2 SECTION 7 - DUE CONSIDERATION In addition to the policy set forth above, the following provisions should be noted by any applicant /developer seeking economic development financial assistance or technical assistance from the City of Owasso: • The adoption of this policy by the City Council should not be construed to mean that the provision of financial incentives is inherently approved for any applicant and /or project that may be able to comply with the policy as set forth herein. Each project will be approached as an entity to be independently evaluated. • The City reserves the right to amend, modify, or withdraw this policy; revise any requirement of this policy; require additional statements, sworn affidavits or other information from any applicant /developer; negotiate or hold discussions with any applicant /developer /and or project which does not completely conform to this policy as set forth above; waive any nonconformity with this policy; eliminate this policy in whole or in part , and waive any timetables established by ordinance, resolution, or motion if the City deems it is in its best interest to do so. • Submission of an application for economic development assistance that complies with the spirit and intent of this policy does not commit the City to approval of the development /redevelopment project associated with said application. • The City may exercise the foregoing rights at any time without notice and without liability to any applicant, developer, and /or project or any other party for its expenses incurred in the preparation of an application for economic development assistance. The preparation of any such application and related costs associated with responding to the City in its review of such application shall be the sole responsibility of the applicant /developer. PASSED AND APPROVED this 19th day of March, 2019. Dr. Chris Kelley, Mayor ATTEST: Juliann M. Stevens, City Clerk (SEAL) APPROVED AS TO FORM: Julie Lombardi, City Attorney 2 so People • REAL Character • REAL Community ECONOMIC DEVELOPMENT INCENTIVES POLICY GUIDE & STANDARD OPERATING PROCEDURES �(ro> CITY OF OWASSO ECONOMIC DEVELOPMENT INCENTIVES 0..., ople•ftEAl 5.- Community TABLE OF CONTENTS POLICY GUIDE 1 -4 INTRODUCTION 1 How Incentives Work 1 Why are Incentives Good for Economic Development? 1 Definitions 2 CURRENTLY AVAILABLE GRANTS AND INCENTIVES 3 Federal Incentives 3 State Incentives 3 Local Incentives3 3 Workforce Development /Training 4 Tribes 4 STANDARD OPERATING PROCEDURES 5 -10 SMALL BUSINESS PROJECTS 5 STEP 1 - Pre - Application Meeting 5 STEP 2 - Technical Assistance 5 NEW RETAIL PROJECTS 6 STEP 1 - Pre - Application Meeting 6 STEP 2 - Application Submittal 6 STEP 3 - Review and Approval Process 6 Tier I Review - Staff Review and Recommendation 6 Tier 2 Review - OEDA Review and Recommendation 6 Tier 3 Review - City Council Review and Final Action 7 Tier 4 Review - Annual Review for Compliance ? PRIMARY BUSINESS PROJECTS 8 STEP 1 - Pre - Application Meeting 8 STEP 2 - Application Submittal 8 STEP 3 - Review and Approval Process 9 Tier 1 Review - Staff Review and Recommendation 9 Tier 2 Review - OEDA Review and Recommendation 10 Tier 3 Review - City Council Review and Final Action 10 Tier 4 Review - Annual Review for Compliance 10 APPENDICIES 11 -14 REAL People •REAL Chamcmr • REAL Communiq CITY OF OWASSO ECONOMIC DEVELOPMENT INCENTIVES POLICY GUIDE Economic development incentives are inducements - often in the form of financing, but sometimes in the form of services - meant to persuade companies to build new structures, purchase equipment, design new products, enter new markets, and above all, create new jobs in places where they would not have otherwise. Economic incentives play an important role for localities in developing their position for capital investment and job creation. Economic incentives are components of a government's toolkit designed to address various business needs in a competitive environment through job creation, job retention, and capital investment. How Incentives Work: Incentive programs must be designed to ensure a return on investment for a community and reflect local and regional economic objectives. From a business perspective, a company must assess the value of an incentive by analyzing the potential cost of locating or expanding at a particular site. When incentives include job training, grants, loans, and tax credits, costs in capital and operation are affected. The government's responsibility is to understand how far businesses Will go to take advantage of incentives because the incentive must go to the applicant who maximizes its full potential. In order to ensure an incentive is a good economic investment and contributes to the productive potential, a thorough assessment, screening process, expected job creation, and program evaluation will be conducted, analyzed, and reviewed. The role of the public sector is to invest in ventures or projects where the economic and social benefits outweigh the risk of financing. The public sector should not supplant private sector financing. Why are Incentives Good for Economic Development? Incentives expand local employment opportunities and provide a competitive edge toward business attraction and expansion in locations that otherwise wouldn't be competitive. Employment expansion, personal income expansion, community income expansion and business revenues /sales expansions are the benefits from incentives within local economies. Once a new business facility has located and become operational, money will be spent directly on certain items, including: • Payroll • Service contracts with local vendors • Local purchases of supplies and equipment These expenditures set in motion a series of spending flows that affect many areas of a local economy. In this cycle, employees of local businesses begin to earn salaries and wages that will be spent on local goods and services from other businesses. The ripple effects of the activity are classified in three different areas: • Direct effects - Initial changes in employment, income, or output that trigger the first round of spending (i.e. the value of a firm's initial change in payroll or production) • Indirect effects - Changes in employment, income, or output in subsequent rounds of re- spending that arise through purchase from local supplier industries (inter- industry purchases) 11Page S� CITY OF OWASSO ECONOMIC DEVELOPMENT INCENTIVES REAL PeoD�e•REAL CM1e.....•flEALCOmmunity POLICY GUIDE • Induced effects - When payrolls increase and workers in affected industry sectors spend more on local goods and services (household spending effect) Definitions: Economic Development Incentive - Economic development incentives are inducements - often in the form of financing, but sometimes in the form of services - meant to assist companies to build new or expand existing structures, purchase equipment, design new products, enter new markets, and above all, create new jobs in places where they would not have otherwise. Small Business Project - A Small Business Project involves a business that has fewer than 25 employees. New Retail Project - A New Retail Project contains a retailer or group of retailers who will offer a product and /or good (subject to sales tax) that is unique to the market and which is not otherwise available for purchase at a retail business physically located in the City. A New Retailer is expected to attract new sales dollars or retain sales tax dollars that may otherwise go to nearby city or metropolitan area. Primary Business Project - A Primary Business Project is an economic development project that increases employment in an industry thereby increasing the dollars circulating in the local economy, which increases the demand for the products and services provided by retail and service industries. Technical Assistance - This is an alternative incentive offering counseling and networking guidance that addresses the specific needs of businesses. It includes, but is not limited to, aid with preparing business plans, navigating the extensive lists of available grant and incentive programs, grant applications, training staff, applying for loans, market research, connectivity, marketing the product, site selection, workforce development assistance. Technical assistance may also take the form of connecting a small business to state and federal resources and programs. Technical assistance is generally aimed at providing specific services that small businesses typically cannot afford. This is a means of providing customized business assistance or research separate from purely financial incentives. Workforce Development - _Workforce development is the range of activities, policies, and programs used to "create, sustain, and retain a viable workforce" that can support current and future business and industry across a state, region, or municipality. This may include education and training, job matching, and employer engagement. It also involves the coordination of pubric- and private- sector efforts, providing individuals with career opportunities and supporting business and industry workforce needs. 2 l Page CITY OF OWASSO ECONOMIC DEVELOPMENT INCENTIVES REAL Pa[pla•REAL C POLICY GUIDE CURRENTLY AVAILABLE GRANTS AND INCENTIVES Federal Incentives The federal government provides a number of significant sources for financing economic development activities. Sources of financing include: • The Small Business Administration (SBA) www.sba.aov • The Economic Development Administration (EDA) www.eda.aov • The United States Department of Housing and Urban Development (HUD) www.hud.aov • The Unites States Department of Agriculture (USDA) www.usda.aov • The Export-Import Bank of the Unites States www.exim.gov • Various other Unites States government agencies Opportunity Zone - Federal Opportunity Zones are a new community development program intended to spur investment in impoverished and economically distressed areas. This is a federal incentive that benefits local and state investors. By investing in an Opportunity Zone, through a qualifying Opportunity Fund, investors can defer and /or reduce their federal capital gains fax liability. If an investor's capital is left in a qualifying fund for 5 years, the investor will defer their federal capital gains taxes. In the fifth year the investor can reduce their capital gains tax. There is an additional reduction in year 7. If they leave the money in the fund for 10 years, then any appreciation in the asset from the time they invest through 10 years is not subject to any additional capital gains tax. This deferral and /or reduction on federal capital gains taxes will improve return on investment and also direct capital to areas that need investment. See Appendix B for a map of the existing Opportunity Zone in Owasso. State Incentives (See Appendix A for a full list of all incentives offered by the State of Oklahoma) Enterprise Zone - Enterprise Zones are designated by the Oklahoma Department of Commerce and identified on a list of eligible counties, cities, and census tracts. Enterprise Zones can be designated in disadvantaged counties, cities, or portions of cities. Businesses located in an Enterprise Zone are eligible to receive double the Investment /New Jobs Tax Credit. Additionally, companies obtaining ad valorem exemptions from local taxing entities could be exempted for up to 6 years, rather than 5. See Appendix C for a map of the existing Enterprise Zone in Owasso. Local Incentives Technical Assistance - This is an alternative incentive offering counseling and networking guidance that addresses the specific needs of businesses. Technical assistance is generally aimed at providing specific services that small businesses typically cannot afford. This is a means of providing customized business assistance or research separate from purely financial incentives. Technical assistance from the Economic Development Department may take the form of connecting a small business to various resources which could provide assistance in: • Improving the design of its product or manufacturing process • Preparing business plans • Navigating the extensive lists of available grant and incentive programs • Completing grant applications • Training staff • Applying for loans • Market research • Connectivity • Marketing the product 31 Page s� n.. ple •REAL Cha2cler • REAL Community • Site selection • Workforce development assistance. CITY OF OWASSO ECONOMIC DEVELOPMENT INCENTIVES POLICY GUIDE Tax Increment Financing District ITIFI - The Owasso Redbud District Project Plan is a project plan as defined under the Oklahoma Local Development Act. The project is being undertaken by the City of Owasso, Oklahoma to develop the area surrounding Main Street, known as the Redbud District, achieve the City's development objectives, improve the quality of life for its citizens, stimulate private investment, and enhance the tax base. At the heart of this project is the creation of the Redbud District as a special and unique place within Owasso, a place to live, work, shop, and play. Beginning with the Downtown Master Plan in 2001, the City has prioritized the revival of its Main Street and surrounding area. Since that time, through several planning documents, including approval of the Downtown Overlay District promoting smart development in the area, and robust branding, the Redbud District is ripe for its transformation. The City, through this Project Plan, is continuing its effort to revive its downtown and make the Redbud District a destination area for residents and visitors. The effort to create such a place requires public assistance to stimulate private development. An increment district provides funding for public sector costs to stimulate private development and provide improvements to and beautification of the area to create the dense, high - quality development that the City contemplates. The project will be financed from a combination of public and private sources, including apportionment of ad valorem and sales tax increments from Increment District No. 1, City of Owasso. Workforce Development /Training Workforce development is the range of activities, policies, and programs used to "create, sustain, and retain a viable workforce" that can support current and future business and industry across a state, region, or municipality. This may include education and training, job matching, and employer engagement. It also involves the coordination of public and private sector efforts, providing individuals with career opportunities and supporting business and industry workforce needs. Tribes Owasso is located in the Cherokee Nation. The Cherokee Nation is a valuable partner in economic development. The Cherokee Nation Small Business Assistance Center (SBAC) supports Indian -owned businesses by providing access to capital for new business start-ups and business expansion projects. The Cherokee Nation Economic Development Authority lends to businesses and individuals located within the contiguous 14 counties of the Cherokee Nation. For more information and assistance with any of the sources listed above, please contact the Owasso Economic Development Department at (918) 376 -1518 or info @chooseowasso.com. 41 Page REAL DeoD�e •REAL CM1aracbr •REAL commonly CITY OF OWASSO ECONOMIC DEVELOPMENT INCENTIVES STANDARD OPERATING PROCEDURES SMALL BUSINESS PROJECTS A Small Business Project involves a business that has fewer than 25 employees. These types of businesses are typically not eligible for a monetary economic development incentive from the City, but the City has several other services, including Technical Assistance, that it can offer to Small Businesses. STEP T -,Pre- Application Meeting A pre - application meeting will be held with the Economic Development Department staff to determine if a business qualifies as a Small Business Project. STEP 2 - Technical Assistance Economic Development Department staff determine the most effective and appropriate Technical Assistance for the Small Business Project. For more information on what Technical Assistance encompasses, please refer to the section "Currently Available Grants and Incentives" in this guide. 51 Page s� REAL people •REAL CAamcter •REAL Community CITY OF OWASSO ECONOMIC DEVELOPMENT INCENTIVES STANDARD OPERATING PROCEDURES NEW RETAIL PROJECTS A New Retail Project is a development that contains a retailer or group of retailers who will offer a product and /or good (subject to sales tax) that is unique to the market and which is not otherwise available for purchase at a retail business physically located in the City. A New Retailer is expected to attract new sales dollars or retain sales tax dollars that may otherwise go to nearby city or metropolitan area. Each New Retailer must have a minimum of $5 million in annual sales (subject to sales tax). STEP 1 - Pre - Application Meeting A pre - application meeting will be held with the Economic Development staff to determine if a project qualifies as a New Retail Project. STEP 2 - Application Submittal In addition to a non - refundable application fee, all New Retail Project applicants shall provide a Trade Area Analysis may include the following: • Zip Code Analysis • Market Analysis • Feasibility Study • Traffic Study • Any other relevant information that will allow the City to make an informed decision STEP 3 - Review and Approval Process Tier 1 Review - Staff Review and Recommendation All New Retail Projects shall be evaluated using a Retail Impact Analysis, a Credit Analysis, and a City Fiscal Impact Analysis, all to be conducted by City staff. A City Fiscal Impact Analysis considers the following issues regarding the project in order to prove that the public benefits to the City will be positive within a projected time frame: • Cost of the incentive (including labor costs of City staff) • Cost of City services such as Police and Fire • Wear and Tear on City streets and roads • Increased burden on water, sewer, and storm systems • Estimated "Transfer losses" from existing merchants New Retail. Projects are also evaluated using the Trade Area Analysis provided by the applicant. The expected capital investment and additional sales tax accumulation will also be taken into consideration. Once the application has been evaluated and staff has conducted all aforementioned analyses, staff will establish a recommendation that will be given to the Owasso Economic Development Authority and the City Council, along with all application and analysis materials, for their review and recommendation or final action. Tier 2 Review - OEDA Review and Recommendation All application materials and analyses conducted by City staff, as well as the recommendation of City staff, are presented to the Owasso Economic Development Authority (OEDA) for its review, discussion, and recommendation. 61 Page Sd CITY OF OWASSO ECONOMIC DEVELOPMENT INCENTIVES REAL Peopie•REAL Chemcbr•REAL Cammuniry STANDARD OPERATING PROCEDURES Tier 3 Review - City Council Review and Final Action All application materials, analyses conducted by City staff, City staff recommendation, as well as the recommendation of the OEDA, are presented to the City Council for its review, discussion, and final action. Upon City Council approval of an application and agreed upon incentive award, staff will draft a Performance Agreement to incorporate obligations and terms. Tier 4 Review - Annual Performance Review for Compliance City staff may conduct an annual Performance Evaluation for each Agreement, as well as a Fiscal Impact Analysis for recording and tracking purposes. 71 Page sd REAL People •REAL C�e2chr • RFAL Communlry CITY OF OWASSO ECONOMIC DEVELOPMENT INCENTIVES STANDARD OPERATING PROCEDURES PRIMARY BUSINESS PROJECTS A Primary Business Project is an economic development project that increases employment in an industry thereby increasing the dollars circulating in the local economy, which increases the demand for the products and services provided by retail and service industries. Owasso's Target Industry Clusters are metal manufacturing, aircraft parts, destination and /or research and development (R&D) medical, office /headquarters, and information technology. The Target Industries are not intended to exclude other primary business projects. The City of Owasso will assess all primary business project applicants to determine whether the projects will generate the desired jobs and economic impact for the community. STEP 1 - Pre - Application Meetina A pre - application meeting will be held with the Economic Development staff to determine if a project qualifies as a Primary Business Project. STEP 2 - Application Submittal In addition to a non - refundable application fee, all Primary Business Project applicants shall submit a written Application Statement. All information provided by the applicant will be returned to the applicant upon completion of the review process. The Application Statement may include the following information: 1. A comprehensive description of the applicant listing of all officers, directors, members, and key personnel that control 20% or more of the shares or other controlling interest. 2. A comprehensive description of the products and services of the applicant and /or project. 3. A Business Plan with comprehensive financial projections for not less than three successive years. 4. Three years of corporate tax returns and financial statements, if available. 5. A detailed and well - articulated request of desired incentives including the amount requested and duration. 6. A statement describing all direct and indirect benefits to the City for providing incentives which shall include, but not be limited to: • Estimated taxes paid (all) • Purchases from local vendors • Utilizing local contractors • Hiring from the City workforce. • Congruity with the goals of this Policy • Skills and technology advancement • Expanded infrastructure capacity 7. If applicable, precise location of the site to be developed accompanied by legal description, Assessor's parcel number, and a preliminary title report with all easements plotted. 8. If applicable, a copy of the Grant Deed or similar document showing ownership vested in the applicant or business requesting assistance. CITY OF OWASSO ECONOMIC DEVELOPMENT INCENTIVES REAL People•REAL Chemcfer•REAL COmmpniry STANDARD OPERATING PROCEDURES 9. If leased, a copy of the fully- executed lease along with any specific rules, use, or occupancy restrictions. 10. If applicable, a preliminary Site Plan in sufficient detail to evaluate appropriateness with City land use standards and zoning. 11. If applicable, conceptual Building Plans with elevations (front, side, and rear). 12. For speculative industrial development projects, a preliminary Master Plan in sufficient detail to conduct an Economic Impact Analysis (EIA) and determine marketability, absorption period, and viability of proposed financing structure. 13. Infrastructure needs /requirement estimate or value of improvements to be made by project that represent excess capacity that will support future development. 14. Total project costs. 15. Construction schedule, and if phased, a phasing plan. 16. Estimated annual revenues. 17. If applicable, current assessed valuation of the property and any improvements. 18. Estimated post - development value of the property, equipment, and all other improvements (Cap Rate). 19. Estimated annual sales, composition (taxable vs. non - taxable) and whether goods and services primarily serve local or out -of- city /state consumers and businesses. 20. Estimated number of jobs created or retained by development, average wage per job, specific job classifications and minimum qualifications. 21. Listing of incentives provided by other agencies, or jurisdictions, regardless of whether they are tax or financial and whether they are committed and any security instruments or covenants that could impact the City's incentive evaluation, 22. Any additional information requested from staff for an Economic Impact Analysis, a Credit Analysis, and a City Fiscal Impact Analysis. 23. Any other information deemed necessary by the City to substantiate the incentive request. STEP 3 - Review and Approval Process Tier 1 Review - Staff Review and Recommendation All Primary Business Project applications will be evaluated by City staff using a Point System Evaluation, a review of the Application Statement, and a City Fiscal Impact Analysis. A City Fiscal Impact Analysis considers the following issues regarding the project in order to identify that the public benefits to the City will be positive within a projected time frame: • Cost of the incentive (including labor costs of City staff) • Cost of City services such as Police and Fire • Wear and Tear on City streets and roads • Increased burden on water, sewer, and storm systems • Estimated "Transfer losses" from existing merchants 91 Page CITY OF OWASSO ECONOMIC DEVELOPMENT INCENTIVES REAL People •REAL CM1aracter•gEAL Community STANDARD OPERATING PROCEDURES Each applicant /project will be assigned a numerical score based on capital investment, wage level of new jobs, number of jobs, and type of industry. The numerical score will be used in the evaluation to establish the amount and terms of the potential incentive award.. Once the Point System Evaluation and the City Fiscal Impact Analysis are complete, City staff will establish a recommendation that will be given to the Owasso Economic Development Authority and the City Council, along with all application and analysis materials, for their review and recommendation or final action. Tier 2 Review - OEDA Review and Recommendation Application materials and analyses conducted by City staff, as well as the recommendation of City staff, are presented to the Owasso Economic Development Authority (OEDA) for its review, discussion, and recommendation. Tier 3 Review - City Council Review and Final Action Application materials, analyses conducted by City staff, City staff recommendation, as well as the recommendation of the OEDA, are presented to the City Council for its review, discussion, and final action. Upon City Council approval of an application and agreed upon incentive award, staff will draft a Performance Agreement to incorporate obligations and terms. Tier 4 Review - Annual Review for Compliance City staff may conduct an annual Performance Evaluation for each Agreement, as well as a Fiscal Impact Analysis for recording and tracking purposes. 101 Page s� REAL People •REAL Character• REAL Community CITY OF OWASSO ECONOMIC DEVELOPMENT INCENTIVES APPENDIX A - STATE ECONOMIC INCENTIVES The Oklahoma Quality Jobs Program The 2Tst Century Quality Jobs Program Oklahoma Quality Events Program Oklahoma Quick Action Closing Fund Oklahoma Community Economic Development Pooled Finance State Small Business Credit Initiative Ad Valorem Exemption Ad Valorem Exemption for Warehouse and Distribution Facilities Exempt Inventory Intangible Property Aircraft Manufacturers Exemption License Local Incentive The Investment /New Jobs Income Tax Credit Quality Jobs + Investment Tax Credits Aerospace Industry Engineer Workforce Tarr Credit Federal Tox Incentives on Former Indian Reservation Lands Alternative Energy Sources Tax Credits Insurance Premium Tax Credit Clean Burning Fuel Vehicle Credit Clean Burning Fuel Vehicle Infrastructure Credit Ethanol Fuel Retailer Tax Credit Technology Transfer Income Tax Exemption Income Tax Exemption for Interest Paid on Bonds Issued by or on Behalf of Public Agencies Historic RehabilBation Tax Credit Incubator Site Tenant Tax Exemption The Work Opportunity Tax Credit Program (W OTC) Manufacturers Computer Services and Data Processing Sales at Aircraft Maintenance Facilities Aircraft Repairs and Modifications Aircraft Maintenance or Manufacturing Facility Excise Tax on Aircraft Sales Telecommunications Spaceport Sales Tax Refunds Computer Services /Data Processing/Telecommunications Equipment Construction Materials Industrial Access Roads Truck Registration Benefits Benefits Under IFTA /IRP Foreign Trade Zones 11 1 Page s� R •REAL Ghora. •AEALCanmunity CITY OF OWASSO ECONOMIC DEVELOPMENT INCENTIVES APPENDIX A -STATE ECONOMIC INCENTIVES Oklahoma Finance Authorities Public Trust Financing; Industrial Revenue Bonds General Obligation Limited Tax Bonds (GOLTBs) Tax Increment Financing (TIF) The Oklahoma Local Development and Enterprise Zone Incentive Leverage Act Sales Tax Financing Private Activity Bond Allocation Small Business Unked Deposit Program Small Business Loan Guarantees Technology Partnerships 12E- Innovation to Enterprise Basic and Applied Research and Technology Programs OCAST Commercialization Programs Oklahoma Capital Investment Board Quality Jobs Investment Program Infrastructure Finance Community Development Black Grants (CDBG) Advanced Degree Programs Job Matching and Job Search Assistance Workforce Innovation and Opportunity Act (WIOA) Govemoes Council for Workforce and Economic Development Job Matching and Job Search Assistance Workers Compensation Insurance Training for Industry Program (TIP) Customized Industry Training Program Industrial Safety Training Program Domestic Corporations Foreign Corporations Domestic Limited Liability Companies (LLCs) Foreign Limited Liability Companies Domestic Limited Partnerships (LPs) Foreign Limited Partnerships Limited Liability Partnerships (LLPs) Business Licenses Franchise Tax Personal Income Tax Corporate Income Tax General Property (Ad Valorem) Tax Unemployment Compensation Tax Oklahoma Business Activity Tax Workers Compensaton Assessment Retail Sales and Use Tax Corporate State Income Tax 121Page sd RY�w REAL 6hemomr•REAL Community CITY OF OWASSO ECONOMIC DEVELOPMENT INCENTIVES APPENDIX B - OWASSO OPPORTUNITY ZONE 13 1 Page s� REAL PooplA • REAL CM1mcbr •REAL Community CITY OF OWASSO ECONOMIC DEVELOPMENT INCENTIVES APPENDIX C - OWASSO ENTERPRISE ZONE 14 1 Page s� OUALP.M11R Chine , • REAL Lommuniry TO: The Honorable Mayor and City Council FROM: Karl Fritschen, MRCP, AICP, RLA Planning Manager SUBJECT: Resolution 2019 -10, Project Application Community Development Block Grant (CDBG FY 2019) DATE: March 15, 2019 BACKGROUND: The primary objective of the national Community Development Block Grant (CDBG) Program is the "development of viable urban communities by providing decent housing and a suitable living environment, particularly for persons of low and moderate incomes." All project proposals submitted for funding through the CDBG Program must document the achievement of at least one (1) of the following national objectives: Provide benefit to low and moderate income persons; D Aid in the prevention or elimination of slums or blight; and Meet other community development needs having particular urgency or posing a serious or immediate threat to the health or welfare of a community. ANTICIPATED FUNDING: On January 28, 2019, the Indian Nation Council of Governments ( INCOG), provided information regarding the FY 2019 CDBG application cycle. A completed application, which includes a public hearing, resolution, and cooperation agreement, is due no later than April 5, 2019. Owasso will receive an allocation of approximately $138,377 for the FY 2019 CDBG funding cycle, which does not require local matching funds from the City. INCOG has also given staff permission to combine the FY 2018 allocation of $138,377 with the remaining balance from the FY 2017 allocation of approximately $5,200, providing a total available amount of $281,954 for the selected project. Staff believes that combining the funds into one larger project will result in better bids received. PAST CDBG PROJECTS: In the past, Owasso has utilized CDBG monies for sidewalk, sanitary sewer, street, and park improvements. In 2014, Housing of Urban Development (HUD) changed the income limits that determined if individuals and families qualified as a low to moderate income household. As a result, Owasso lost much of its former qualifying area in and around the original town, leaving only a small area around the Baptist Village neighborhood. Owasso staff performed income surveys for smaller targeted geographic areas in the summer of 2015, qualifying the Hale Acres neighborhood near North Garnett Road and East 116 +h Street North for a five (5) year period. Since the Hale Acres neighborhood qualified for funding under the revised HUD income limits, the City has utilized CDBG funds from the FY 2016, 2017, and 2018 allocations for replacement of sanitary sewer lines in this neighborhood. PUBLIC HEARING: During the application phase for the CDBG grant, a public input meeting is required to solicit comments on possible projects. A public hearing was held on March 5, 2019, one citizen spoke in favor of continuing to use the funds in Hale Acres. PROPOSED FY 2019 PROJECT: The proposed project for FY 2019 CDBG funding cycle is for continued replacement of the sanitary sewer lines in the Hale Acres neighborhood. Continuing the sewer line replacement work is a priority in this neighborhood to address the many infrastructure issues from below ground level upwards. The project will be designed in -house by the Engineering Division of Public Works. The proposed FY 2019 Owasso CDBG project is continuation of the replacement of the deteriorated 8" clay tile sanitary sewer pipe between North 106th East Avenue and North I I 21 East Avenue (approx.1 643 LF) and replacing it with a new 8" HDPE pipe. This work, which will be considered Phase II, will involve pipe bursting and replacement of the old clay pipe. Depending on how the bids come in, the work may include a partial replacement of the pipe running along North 1061h East Avenue This section, considered the first section of Phase III, will involve removal of the 8" clay pipe and replacing it with a new 12" HDPE pipe (approx. 500 LF). The work will continue to remedy many years of inflow and infiltration in this area of Owasso's collection system that was originally placed there in the 1960's. Staff has been told by INCOG that this survey used to qualify this neighborhood will expire in July 2020. This should allow the City to use two more allocations (FY 2019 and FY 2020) in this neighborhood before having to perform another survey in the fall of 2020. RECOMMENDATION: Staff recommends approval of Resolution 2019 -10, requesting assistance from the Tulsa County CDBG Urban County Program, approving an application identifying the installation of new sanitary sewer lines in the Hale Acres subdivision as the preferred project for the FY 2019 funding cycle, and authorizing the Mayor to execute all related documents. ATTACHMENTS: Resolution 2019 -10 CDBG Application CITY OF OWASSO RESOLUTION 2019 -10 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2019 TULSA COUNTY URBAN COUNTY WHEREAS, the Housing and Community Development Act of 1974, as amended (24 U.S.C. 93 -383 et seq.), (the "Act'), provides that Community Development Block Grant, ( "CDBG "), funds may be used for the support of activities that provide decent housing and suitable living environments and expanded economic opportunities principally for persons of low- and moderate - income; and, WHEREAS, CDBG Regulations 24 CFR 570.307(a) allow counties having a total combined population of 200,000 or more from the unincorporated areas and participating incorporated areas to qualify as an urban county; and, WHEREAS, Title I of the Housing and Community Development Act of 1974, Public Law 93- 383, as amended, authorized the Secretary of Housing and Urban Development, as a representative of the United States of America, to grant to Tulsa County funds and administrative responsibility for the Tulsa County CDBG Urban County program; and WHEREAS, a Cooperation Agreement between Tulsa County and the City of Owasso has been executed for the purpose of participation in the Tulsa County Urban County Community Development Block Grant Program for Federal Fiscal Years 2018 -2019; and, NOW THEREFORE, BE IT RESOLVED that the City of Owasso desires to obtain assistance in addressing community development needs and hereby requests the Tulsa County CDBG Urban County program to provide assistance. NOW THEREFORE, BE IT FURTHER RESOLVED that the City of Owasso affirms its commitment to take all action within its power to facilitate the receipt of the assistance of community development funds, and upon receipt to administer said grant by the rules and regulations established by the United States of America, the State of Oklahoma, Tulsa County and all empowered agencies thereof. ADOPTED this 19`" day of March, 2019, at a regularly scheduled meeting of the governing body, in compliance with the Open Meeting Act, 25 O.S. §§ 301 -314 (2001). Dr. Chris Kelley, Mayor (SEAL) Attest: Subscribed and sworn to before me March 19, 2019. Juliann M. Stevens, City Clerk FY2019 APPLICATION GUIDANCE Due date for this Application is April 5, 2019 The CDBG program is authorized under Title I of the Housing and Community Development Act of 1974, as amended. The purpose of this Application Guidance is to provide assistance in preparing a Community Development Block Grant application for the FY2019 Tulsa County CDBG Urban County Program. Eligible Entities Entities included for FY2019 funding, the funding allocation to the entity, and the percentage of low and moderate income population for each is listed below: Proposed Percentage Threshold Requirements for FY2019 Metro City Applications Due to HUD'S desire for all Entitlements to dramatically increase their expenditure rates and failure of select Entities to expend funds in a timely manner, the following expenditure criteria have been established and will be implemented for the FY2019 Application cycle. To submit an application for FY2019, communities with open Metro Entities contracts must comply with the following Threshold Requirements: 100% of 2016 grant expended; 50% of 2017 grant expended and reimbursement request submitted; 2018 obligated through bid award or design process underway. If the above expenditure requirements have not been met by April 1, 2019, the community will not be eligible to submit an application. Staff will determine re- allocation of funds. Guidance Community Development Block Grant (CDBG) 2019 Tulsa County Urban County Page 1 of 6 Allocation Low /Mod Metro Entities Amount Population Broken Arrow Infrast. $392,196 24.60 Bixby $75,832 18.38 Owasso $138,377 23.27 Sand Springs $94,748 28.97 Sapulpa $152,448 43.73 Revolving Entities Collinsville $115,351 30.83 Jenks $115,351 40.03 Threshold Requirements for FY2019 Metro City Applications Due to HUD'S desire for all Entitlements to dramatically increase their expenditure rates and failure of select Entities to expend funds in a timely manner, the following expenditure criteria have been established and will be implemented for the FY2019 Application cycle. To submit an application for FY2019, communities with open Metro Entities contracts must comply with the following Threshold Requirements: 100% of 2016 grant expended; 50% of 2017 grant expended and reimbursement request submitted; 2018 obligated through bid award or design process underway. If the above expenditure requirements have not been met by April 1, 2019, the community will not be eligible to submit an application. Staff will determine re- allocation of funds. Guidance Community Development Block Grant (CDBG) 2019 Tulsa County Urban County Page 1 of 6 Applications should be submitted to: INCOG Claudia Brierre 2 West 2nd Street, Suite 800 Tulsa, OK 74103 cbrierre(a�incog.org Section One National Objective The primary National Objective of the Community Development Block Grant (CDBG) Program is the "development of viable urban communities by providing decent housing and a suitable living environment, particularly for persons of low and moderate incomes." All project proposals submitted for funding through the CDBG Program must document the achievement of at least one of the following National objectives: • Provide benefit to low and moderate income persons. • Aid in the prevention or elimination of slums or blight. • Meet other community development needs having particular urgency, posing a serious or immediate threat to the health or welfare of a community. Most CDBG applicants qualify their project activities under the National Objective of benefit to low and moderate income persons. Applicants are cautioned that qualifying a project under slum or blight or urgent need is a difficult process that has very limited application and can only be used under special conditions and circumstances. Therefore, you are urged to qualify your proposal under benefit to low and moderate income persons. Applicants who qualify a proposal using slum and blight or urgent need must receive guidance and approval from INCOG. To qualify for CDBG funding under the National Objective of benefit to low and moderate income persons, the proposed project activities must show a positive or general improvement of living condition in a definable geographic target area where at least 51 % of the occupied households /homes are of low and moderate income families. Low and moderate income families have an income equal to or less than the current Section 8 low income limits established by the United States Department of Housing and Urban Development (HUD). Each activity proposed for funding with Community Development Block Grant(CDBG) dollars claiming the National Objective of benefit to low and moderate income persons, must provide data indicating the percentage of low and moderate income beneficiaries. Application Criteria 1. No matching funds are required. 2. No administration expenses will be funded with CDBG funds. Guidance Community Development Block Grant (CDBG) 2019 Tulsa County Urban County Page 2 of 6 3. When planning projects for FY2019, be aware that accumulating more than 2 years of grant funding is not permitted. 4. Engineering is a permissible use of CDBG funds but competitive procurement requirements must be followed 5. Income surveys of the project target area must be conducted. The use of Census Tract or Block Group data to document the percentage of low and moderate income beneficiaries for any CDBG funded activity should receive prior INCOG review and approval. 6. Applicants must hold an application phase Public Hearing informing citizens of the proposed project and submit documentation of the Public Hearing with this application. Notice must be given at least 15 days prior to the public hearing by publication in jurisdiction newspapers; or by posting at city halls. Acceptable documentation consists of the affidavit of publication or a copy of the newspaper article announcing the public hearing, or copy of certified posted notice. Tulsa County has prepared a Citizen Participation Plan on behalf of the Urban County communities; therefore, the individual community does not need to prepare a full Citizen Participation plan. 7. Specific projects identified in the application must have cost estimates derived from professional sources. Water and wastewater projects that require Oklahoma Department of Environmental Quality construction permitting must have certified cost estimates from a professional engineer licensed to work in Oklahoma. For other types of projects, professional cost estimates may be derived from architects, engineers, vendors, construction companies, or appropriate personnel qualified to make such estimates. Use of Funds The CDBG Program funds a broad array of projects and activities including but not limited to the following: • Water and wastewater system improvements • Solid waste • Fire protection • Streets • Neighborhood Parks • Housing activities including construction, emergency repair, rehabilitation • Acquisition of real property for eligible public purposes • Clearance, demolition and removal of buildings and improvements • Senior citizen centers • Gas and electrical system improvements • Removal of architectural barriers associated with handicapped areas • Storm water drainage improvements • Economic Development • Social services- (City of Broken Arrow only) Guidance Community Development Block Grant (CDBG) 2019 Tulsa County Urban County Page 3 of 6 *Construction of ADA Sidewalks in non -low /mod census tracts is not an eligible project beginning this year. Guidance regarding eligibility requirements can be found in 24CFR 570.201 of the Federal Housing and Community Development Act of 1974, as amended. Proposal Guidance Applicants are encouraged to contact the staff persons listed below with questions regarding program requirements, project conceptualization, or any portion of the Application Packet and /or Guidelines. Claudia Brierre 579 -9431 Barbara Albritton 579 -9420 Steve Boettcher 579 -9453 Guidance Community Development Block Grant (CDBG) 2019 Tulsa County Urban County Page 4 of 6 Section Two Required Application Documents 1. Application Summary This form contains information about the specific project and includes a certification from the local government attesting to the accuracy and completeness of the application. The certification form must be completed and signed by the chief elected official of the local government. 2. Line Item Budget (Application Form Attachment A) The description of project activities along with a budget (form provided as Attachment A) should be as specific as possible as they will form the basis of your contract. This Budget should match Professional Cost Estimates submitted with the application. 3. Direct Project Beneficiary Income Survey (Survey Summary Form Attachment B) Income surveys for each proposed CDBG funded activity are a requirement unless using census tract or block group data. Determination of project beneficiaries: City -wide- An activity which will serve the entire city (such as wastewater treatment), provided that the city has a low and moderate income percentage at or above 51 %. If the LMI percentage is below 51%, an income survey with a 75% response rate must be provided. Area benefit- An activity which benefits all the residents in a particular area where at least 51 percent of the residents are low and moderate income persons. Examples would include resurfacing of a collector street or construction of a fire department substation. Direct benefit- An activity which requires information on household size and income so that it is evident that at least 51 percent of the clientele are persons whose household income does not exceed the low and moderate income limit; or an activity which has income eligibility requirements which limit the activity exclusively to low and moderate income persons. Presumed benefit- Benefit a clientele that is generally presumed to be principally low and moderate income persons. Activities that exclusively serve a group of persons in any one or a combination of the following categories may be presumed to benefit 51 percent low- and moderate - income persons: abused children, battered spouses, elderly persons, adults meeting the Bureau of the Census' Current Population Reports definition of "severely disabled," homeless persons, illiterate adults, persons living with AIDS, and migrant farm workers. Guidance Community Development Block Grant (CDBG) 2019 Tulsa County Urban County Page 5 of 6 Guidelines to identify specific beneficiaries for various activities: • Water or Wastewater Line Replacement or Rehabilitation. Those households directly tapped to or receiving improved service from the lines. Generally, beneficiaries are considered those persons residing in houses who receive their water through new, replaced or upgraded lines, or houses that discharge sewage into or through an improved collection line or main en route to the treatment plant. • New Wastewater or Water Extensions to Previously Un- served Areas. The households /homes that will actually be connected to the wastewater or water line extensions. Service to newly- constructed subdivisions will not be funded due to environmental review requirements. • Flood and Drainage Improvements. Households /homes within the recognized drainage basin. • Fire Protection. Households /homes (buildings, vehicles and equipment) residing within the response area of the fire station; or using actual residential calls made by a fire station over the prior 12 month period, conduct a survey of those residences obtaining no less than 75% response rate. • Senior Citizen Centers and Community Centers. Households /homes within the designated service area of the proposed center. If there is only one center in the community, the service area can be considered to be the entire community. If there is more than one center, then the Applicant must delineate the service area of each center. Senior Citizen Centers are presumed to benefit low and moderate income persons. • Demolition /Clearance /Removal of Junk and Debris and/or Abandoned Inoperative Vehicles. Households /homes within the geographic area designated to receive the focus of the demolition, clearance and /or removal activities. Typically, the properties located within the geographic area designated to receive the demolition /removal activities are considered to be beneficiaries. • Provision of Accessibility for the Handicapped to Public Buildings. The households /homes within the geographic area that receive services from the assisted public building(s). Providing handicapped access to a city hall would provide benefit to the households /homes in the entire city. Proposed handicapped access activities in connection with limited clientele facilities are presumed to benefit low and moderate income persons. • Street Improvements /Sidewalk Improvements. The households /homes that have at least one property line abutting the improvement. Guidance Community Development Block Grant (CDBG) 2019 Tulsa County Urban County Page 6 of 6 4. Identification of Other Project Funding Sources (Application Form Attachment C) Match and leverage are not required for the grant, but should be identified if applicable to the project. 5. Certified Engineering Reports and Professional Cost Estimates (Application Form Attachment D) Water and wastewater projects that require Oklahoma Department of Environmental Quality construction permitting must have certified cost estimates from a professional engineer licensed to work in Oklahoma. For projects not requiring DEQ permits, professional cost estimates must be derived from architects, engineers, vendors, construction companies, or appropriate personnel to make such estimates, and submitted with the application. 6. Applicant Resolution (Application Form Attachment E) Applications must include a Resolution passed by the governing body requesting CDBG assistance from the Tulsa County Urban County program. A sample Resolution is provided as Attachment E of the application. 7. Readiness To Proceed (Attachment F- Applicant Provides own Form) Applications must include an anticipated start date and projected timeline for completion. Documentation of the level of readiness to proceed must be submitted. Guidance Community Development Block Grant (CDBG) 2019 Tulsa County Urban County Page 7 of 6 TULSA COUNTY URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION CHECKLIST Required Documents to be submitted with Applications ✓ W -9 Form ✓ Documentation of Current Registration in SAM ✓ Public Hearing Documentation: Affidavit of publication or certified posted notice. ✓ Application Summary Page which includes • Project Title • Detailed Project Description • Map with target area and Census Tract/BG clearly marked • Number of population served • Census Tract(s) and Block Groups(s) identified ✓ Application Certification ✓ Attachment A: Line Item Budget ✓ Attachment B: Income Survey Summary Form • Completed form if Income Survey • LM Percentage ( %) if using CT /BG data ✓ Attachment C: Other Project Funding Sources ✓ Attachment D: Certified Professional Cost Estimates /Engineering Report ✓ Attachment E: Resolution ✓ Attachment F: Project Timeline Application Community Development Block Grant (CDBG) 2019 Tulsa County Urban County Page 1 of 2 TULSA COUNTY URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 1. Name of Unit of Local Government Mailing Address PO Box 180 Physical Address 200 South Main City of Owasso, OK Owasso, OK Zip Code +4 74055 -0180 Phone Number 918.376.1515 FEW 73- 6069613 DUNS 013786215 Chief Elected Official Mayor Chris Kelly Clerk Ms. Julie Stevens Fax # 918.376.1597 2. Name of Staff Contact Karl A. Fritschen Phone Number 918.376.1545 E -mail kfritschen @cityofowasso.com 3. Project Title, Detailed Description of Project (Attach additional detail as needed. Provide Map) Hale Acres Sewer Line Replacement The FY 19 Owasso CDBG project is continuation of the replacement of the deteriorated 8" clay tile sanitary sewer pipe between N 106th East Ave. and N 112th East Ave. (approx.1643 LF) and replacing it with a new 8" HDPE pipe. This work, which will be considered Phase II, will involve pipe bursting and replacement of the old clay pipe. Depending on how the bids come in, the work may include a partial replacement of the pipe running along N 106th East Ave. This section, considered the first section of Phase III, will involve removal of the 8" clay pipe and replacing it with a new 12" HDPE pipe (approx. 500 LF). The work will continue to remedy many years of inflow and infiltration in this area of Owasso's collection system that was originally placed there in the 1960s. The attached map depicts the location of said projects. (See Attached Map) Engineering, design, bid advertisement, and construction inspections will take place with City personnel, so the entire grant amount plus any additional City portion will be used solely for installation of the new pipe. Upon environmental clearance, the City will bid the project in accordance with competitive bidding laws and requirements and Davis - Bacon. Based on past CDBG projects, it is expected that this project will be bid in the late fall or early winter of 2019. Application Community Development Block Grant (CDBG) 2019 Tulsa County Urban County Page 2 of 2 4. Number of population served: ❑ Census Tract/Block Group # x Household Income Survey 5 Project Budget Summary: CDBG Funds (Combining FY18 and FY19) Other Sources *Pending Council approval Application Community Development Block Grant (CDBG) 2019 Tulsa County Urban County Page 3 of 2 M. Hale Acres FY 18 FY 19 Balance FY 17 *City of Owasso $ 138,377 $ 138,377 $ 5,200 $ 125,000 Total $ 406,954 TULSA COUNTY URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION CERTIFICATION The Applicant hereby certifies that all of the information contained in this application for community development assistance through the Tulsa County CDBG Urban County Program is true and accurate to the best of my knowledge and that all documentation supporting the information in this application is on file in the official offices of this unit of local government, available for review by Tulsa County /HUD during normal business hours. The Applicant also affirms that none of the activities set forth in this application have been initiated, nor shall they be initiated unless a grant has been awarded, a contract fully executed, and notice has been issued by Tulsa County that release of funds requirements have been met. Mayor Dr. Chris Kelly _ (Type) Name and Title of Chief Elected Official Date [SEAL] Signature of Chief Elected Official State of Oklahoma County of Attest: Subscribed and sworn to before me 2018 . Application Community Development Block Grant (CDBG) 2019 Tulsa County Urban County Page 4 of 2 ATTACHMENT A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2019 TULSA COUNTY URBAN COUNTY BUDGET Name of Applicant: City of Owasso, OK Construction Activity CDBG Grant City Other Expenditures Install approx. 2143 LF ofHDPE FY 18 $138,377 $ 125,000.00 sanitary sewer pipe FY19 $138,377 $ in the Hale Acres subdivision Bal FY17 $5,200 Total Construction Activity $281,954 $125,000 $ Professional & Non Construction Engineering /Architect Funds $ Inspection Funds Other: Survey Other: Publishing Total Professional & Non Const. $ - $ - $ _ $ _ Administrative Costs Public Administrative Funds $ - - - - - -- $ Direct Administrative Funds $ - - - - - -- Total Administrative Costs $ - $ _ $ _ Total Project Costs $281,954.00 *$125,000 $406,954.00 *Pending Council approval Community Development Block Grant (CDBG) 2019 Tulsa County Urban County Beneficiary Income Survey Summary — Attachment B COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) TULSA COUNTY URBAN COUNTY DIRECT PROJECT BENEFICIARY INCOME SURVEY SUMMARY FORM ATTACHMENT B Activity Name: Hale Acres Sanitary Sewer Line Replacement COMPLETE THIS SECTION BY PLACING THE TOTAL NUMBER OF HOUSEHOLDS OBTAINED FROM THE HOUSEHOLD SURVEY IN EACH APPROPRIATE col_UMN Insert County Income Levels $37,600 $43,000 $48,350 $53,700 $58,000 $62,300 $66,600 $70,900 Number of People in Each Household 1 2 3 4 5 6 7 8 Below or Above the County Income Levels Below Above Below Above Below Above Below Above Below Above Below Above Below Above Below Above 19 i 2 27 1 7 35 3 33 2 26 12 11 1 0 —Y 'l 0 0 Total Number Of Households Total Number of Occupied Households /Homes in Activity Target Area = 218 Total Number of Persons in Activity Target Area = 816 Total Number of Occupied Households /Homes Surveyed in Activity Target Area = 171 Total Number of Persons Accounted for by the Survey in the Activity Target Area = 577 Total Number of Households Below the Low and Moderate Income Level in the Activity Target Area = 154 Percentage of Total Households Below the Low and Moderate Income Level in the Activity Target Area = 90.1 % I hereby certify that the above information was obtained from the occupants of the addresses listed and the information is accurate: City -wide Low and Moderate Income Level (For use only when projects are of City -wide benefit.) HUD Census Data for Low and Moderate Income Level for Block Groups, Enumeration Districts or Census Tracts as Provided by HUD (For use x only when a project's target area boundaries are Signature of Chief Executive Official Date identical to BG, ED or Tracts) % [Seal) Subscribed and sworn to before me Commission Community Development Block Grant (CDBG) 2019 Tulsa County Urban County Beneficiary Income Survey Summary — Attachment B 20 — My commission expires Clerk/Notary Signature r� Attachment C COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) TULSA COUNTY URBAN COUNTY INDENTIFICATION OF OTHER PROJECT FUNDING SOURCES Federal /State participation, if any (loans, grants, etc.) provide commitment letters. Agency Purpose Amount Present Status Comment Other sources and amount of project financing including applicant's local contribution, if any. Agency Purpose Amount Present Status Comment City of OWasso,OPWA Augment CDBG funds g $125,000 Pending Council Approval 9 Chief Elected Signature Date Other Funding Sources — Attachment C Community Development Block Grant 2019 Tulsa County Urban County Page I of 1 ATTACHMENT D COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2019 TULSA COUNTY URBAN COUNTY Project Estimate 2018 Hale Acres CDBG Sewer Replacement Project Prepared By: Owasso Public Works 31512018 PAY ITEMS UNIT PRICE PIPE BURST PIPE BURST ITEM NUM ER ITEM DESCRIPTION UNIT pRICE QUANTITY TOTAL 1 MOBILIZATION I DEMOBILIZATION LS 5 is,000.00 1 15,000.Do 2 STORM WATER POLLUTION PREVENTION LS s 2,soo.00 1 2,5oo.00 3 CONSTRUCTION STAKING LS S io,DDo.00 1 5,000.00 4 TRAFFIC CONTROL AND WARNING SIGNS LS 5 INSURANCE AND PERMITS LS S s,000.00 1 5,000.00 6 PRE CONSTRUCTION `Pr INSPECTION LF 5 5.00 1,700 8,500.00 7 REMOVAL AND DISPOSAL OF EXISTING SEWER LINE LF S 2.00 8 IREMOVAL AND DISPOSAL OF EXISTING MANHOLE EA 5 15o.00 5 750.00 9 8" PVC SDR -35 SE'JJER LINE OPEN TRENCH LF 5 85.00 10 12" PVC SDR -35 SEINER LINE. (OPEN TRENCH) LF 5 7o.00 11 8" HDPE (8" TO 8" PIPE BURST) LF S 30.00 11700 153,000.00 12 12" HDPE (8" TO 12" PIPE BURST LF $ 110.00 13 STD. 4' DIA. DOG HOUSE DROP MANHOLE (0 -6' DEEP ) EA 14 STD. 4' DIA_ MANHOLE (M' DEEP) EA S 5.00 1,500 7,SGD.OD 15 EXTRA DEPTH MANHOLE'NALL VF 5 150.001 10 1,500.00 16 CONNECT TO EXISTING MANHOLE (CORE) EA 17 CONNECT TO EXISTING LINE EA 5 500.00 1 SOD.00 18 CUT AND PLUG EXISTING SEWER LINE EA 19 4" SERVICE TAP (OPEN CUT) EA 5 400.00 20 4" SERVICE TAP (PIPE BURST ) EA 5 750.00 21 15,750.00 21 RECONNECT EXISTING SEWER LINE EA 22 CONCRETE (HES) 6" THICK (DRIVEWAY) SY S 70.00 23 ODOT AGGREGATE BASE, TYPE'A' (BACKFILL AT DRIVEWAYS) CY s 32.00 24 CHAIN LINK FENCE REMOVE REPLACE LF I 5 10.00 25 PRIVACY FENCE REMOVE AND REPLACE LF I 5 15.00 26 TREE REMOVAL GREATER THAN 4" UP TO 8" EA 5 1,00o.00 27 TREE REMOVAL GREATER THAN 8" UP TO 12" EA 5 2,000.00 28 TREE REMOVAL GREATER THAN 12" UP TO 24" EA 5 3,000.00 29 TREE REMOVAL GREATER THAT 24" UP TO 36" EA s 5,000.00 30 TREE REMOVAL GREATER THAT 36" UP TO 48" EA 5 S,D00.00 31 SOLID SLAB SODDING SY 5 3.00 32 SEEDING Acre 5 1 ,5m.00 33 AS -BUILT PLANS LS s s,000.00 1 5,000.00 34 PROJECT ALLOWANCE I LS 510,000.00 1 1 30,000.00 250,000.00 HALE ACRES CDBG SANITARY SEWER REPLACEMENT PHASE III North South 28512019 ITEM NUMBER ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL 1 MOBILIZATION / DEMOBILIZATION LS 1 S 30,000.00 S 30,000.00 2 STORM WATER POLLUTION PREVENTION LS 1 5 3,000.00 S 3,000.00 3 CONSTRUCTION STAKING LS 1 5 5,000.00 $ 5,000.00 4 TRAFFIC CONTROL AND WARNING SIGNS LS 1 S 6,000.00 S 6,000.00 5 PRECONSTRUCTION INTERNAL PIPE TV INSPECTION LF 500 S 3.00 $ 1,500.00 6 PIPE BURST 12' SEWER LINE LF 500 S 130.00 S 65,000.00 7 STD. 4- DIA MANHOLE (06' DEEP) EA 2 S 2200.00 S 4,400.00 e EXTRA DEPTH MANHOLE WALL VF 13 S 150.00 S 1,950.00 9 CONNECT TO EXISTING LINE EA 5 $ 1,000.00 S 5,000.00 10 12'x 4" SERVICE TEE EA 21 S 300.00 S 6,300.00 11 PRIVACY FENCE REMOVE AND REPLACE LF 200 S 25.00 S 5,000.00 12 TYPE I ASPHALT PATCH SY 57 S 55.00 5 3,135.00 13 ISOUD SLAB SODDING SY 340 IS 5.00 1 S 1,700.00 TOTAL S 137,985.00 Budget S 138,000.00 HALE ACRES SUBDIVISION ! ME LEl1 113TH ST. N. _ I 1 c — — A SPORTS 1 SPORTS PARK A r Irvx PI u p �. HALE ACRES U.' 07-p";- - _ EY12rFPl N I _I - JLJ (Irc:.(.0 'yly1F V3A _i 17 Z 1000 fk _ L11611 _ry u _ M V '= IT i ,�r 1" = 752 ft Sub Title 10/29/2015 1 K map represents a visual display or related geodrapnlo inrwnlallon. Data provided hereon is not a guarantee or actual Oetd councillors. To oe sure of complete accuracy, pease contact Owasso staff forme most up -lo -date Information. Proposed Project Location i c E. PI N ° 2 a 11 6m zlN _..— _ _.. 116TH ST. N. .., Phase III cont. — Future project L using FY 20 funds £ - x1 E mm w x E!omwr O g- _ HALE ACRES - -- Lusing Phase II and III - Planned project using FY 18/19 funds plus carry over amount Comp CDBG from FY 16/17 funds Phase I FY 16/17 CDBG fundsNearing Completion. Approx. $5,200 remaining and will be carried over to ,.,. fl Phase 11 project �60m P 11r1h S! 14 ry IOI ft r Hyq Si V ATTACHMENT F COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2019 TULSA COUNTY URBAN COUNTY The sewer line replacement work between N 106th East Ave. and N 112th East Ave is designed and ready. Because the bids came in quite high last year, this section could not be completed. Staff believes that combining 2 years work of CDBG funds into one project will obtain better bids from contractors. The other portion of this year's work, which involves the north -south run of 500 LF of sewer line replacement, is under design. Both sections will be ready to bid by the time the environmental reviews are completed by INCOG staff. City staff anticipates that the entire project will be bid in the late fall of 2019. sd 01�'P.P'.-ReAlll...,-REAL CommenRy TO: The Honorable Mayor and City Council FROM: Morgan M. Pemberton Jurisdiction Assistant City Planner SUBJECT: Ordinance 1147, Annexation (OA 19 -01) & Rezoning (OZ 19 -01) DATE: March 15, 2019 BACKGROUND: The City of Owasso received a request for the annexation and rezoning of a property located south of the intersection of East 76th Street North and North 1541h East Avenue. The property is approximately 20 acres in size, currently undeveloped, and adjacent to Owasso City limits to the north along the East 76th Street North right -of -way. The subject property is currently zoned RS -20 (Residential Single- Family Medium) under a Planned Unit Development (PUD) in Rogers County. The applicant is requesting that the Owasso zoning category of RS -3 (Residential Single- Family High Density) be applied to the property upon annexation. If this annexation and rezoning request is approved, the PUD that was authorized in Rogers County would become null and void. SURROUNDING ZONING: Direction Zoning Use Land Use. Plan Jurisdiction North RS -40 (Residential Single Family Low Medium Density) Residential Residential Rogers County South AG (Agriculture) Undeveloped Residential Rogers County East AG (Agriculture) Residential Residential Rogers County West AG (Agriculture) Residential Residential Rogers County SUBJECT PROPERTY /PROJECT DATA: Property Size 20 acres +/- Current Jurisdiction Rogers County Current Zoning PUD /RS -20 Proposed Zoning Residential Subdivision Land Use Master Plan Residential Within PUD? Yes; Rogers County PUD Within Overlay District? No Water Provider Rogers County Rural Water District #3 Applicable Paybacks /Fees E 76 +h St N Interceptor Payback Area - $1,341.00 per acre Storm Siren Fee - $50.00 per acre ANALYSIS: The property is currently zoned under a PUD in Rogers County with an underlying zoning of RS -20, and the applicant is requesting annexation into Owasso's corporate limits. The applicant is also requesting that upon annexation, the property be rezoned from PUD /RS -20 to RS -3. Typically, property that is annexed into Owasso City limits is assigned an AG (Agriculture) zoning designation. However, an applicant can request a rezoning of the property if the requested zoning conforms to the GrOwasso 2030 Land Use Master Plan and proper legal notice is provided. The proposed zoning of RS -3 for the subject property conforms to the Land Use Master Plan, which calls for Residential land uses at this location. The property is currently predominantly surrounded by property that is either existing residential land uses or undeveloped tracts. Also, a majority of the nearby properties in the area are identified for future residential land uses in the Master Plan. A residential development on the subject property would be in harmony with the existing and anticipated land uses in the area. Therefore, staff is in support of applying a zoning of RS -3 to the subject property upon annexation. The PUD that was approved in Rogers County for the subject property would become null and void if this annexation and rezoning request is approved. The City of Owasso would provide sanitary sewer, Fire, Police, and EMS services to the subject property at such time as it is developed. Rogers County Rural Water District #3 would provide water service. Any future development on the subject property shall adhere to all subdivision, zoning, and engineering requirements of the City of Owasso. Staff has prepared Ordinance 1147 to approve OA 19 -01 annexing the subject property into the corporate limits of the City of Owasso and OZ 19 -01 assigning the subject property with a zoning of RS -3. PLANNING COMMISSION: The Owasso Planning Commission voted 4 -0 to recommend approval of OA 19 -01 and OZ 19 -01 at their meeting on March 11, 2019. RECOMMENDATION: Staff recommends approval of Ordinance 1147. ATTACHMENTS: Ordinance 1147 GrOwasso 2030 Land Use Master Plan Map CITY OF OWASSO, OKLAHOMA ORDINANCE 1147 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, REFERENCED IN APPLICATION OA 19 -01 AND APPROVING ZONING APPLICATION OZ 19 -01 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 located south of the intersection of East 76th Street North and North 1541h East Avenue; and, WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for or against the requested annexation and rezoning of the property referenced in applications OA 19 -01 and OZ 19 -01. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1: A tract of land being more particularly described as follows: W/2 NW /4 NE /4 Section 34, Township 21 North, Range 14 East, Rogers County Oklahoma; 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 rezoned from RS -20 (Residential Single - Family Medium) to RS -3 (Residential Single - Family High Density) District. 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 City Council Ward 5. 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 1147 Page 1 of 3 SECTION 6. There shall be filed in the office of the County Clerk of Rogers County, Oklahoma, a true and correct copy of this Ordinance and correct map of the territory annexed. PASSED AND APPROVED this 19th day of March, 2019. ATTEST: Juliann M. Stevens, City Clerk (SEAL) APPROVED AS TO FORM: Julie Lombardi, City Attorney Ordinance 1147 Page 2 of 3 Chris Kelley, Mayor Aerial Photo e� - � r w S v A � OA 19 -01 & OZ 19 -01 r�1 �; �'•''~ ' "";7;1s r m E76mStN mram wx ONE, 11; 4 SUBJECT PROPERTY "V� ti.' JAY II %IL . I Land Use Master Plan Map OA 19 -01 & OZ 19 -01 E7�tnSIN SUBJECT PROPERTY Z a M D m P�r or Land Use Categories , - Commercial - Industriat/Regional Employment .. Neighborhood Mixed Use (Light Office, Commercial Shopping, Attached Housing, SF Housing. Apartments above retail) ;] Parks/Recreation - Public/Institutional /Quasi Public Residential Transitional ® 'US -169 Overlay District M " Glenn-Mur Addition Special District ED"'Dmvntmvn Development District sd 01M a..1. • enCrecler •REAL Communlry TO: The Honorable Mayor and City Council FROM: Morgan M. Pemberton Assistant City Planner SUBJECT: Final Plat - Centennial Park Apartments DATE: March 15, 2019 BACKGROUND: The City of Owasso received a final plat application for review and approval of Centennial Park Apartments, a proposed residential multi -family senior living development. The property is located at 14696 East 88th Place North, just south of the Villas at Preston Lakes. The subject property is currently zoned as a Planned Unit Development (OPUD 15A) with an underlying zoning of RM (Residential Multi - Family), which was approved for the subject property by City Council in 1998. SURROUNDING ZONING: Direction Zoning Use Land Use Jurisdiction OPUD 15A /RM Proposed Use Senior Living Facility Plan 1 Lot, 1 Block North OPUD 15A / Apartment Transitional City of Rogers County Rural Water District #3 RM (Residential Multi - Family) Complex Public Streets Owasso South OPUD 15A / Memory Care Transitional City of RM (Residential Multi- Family) Facility Owasso OPUD 15A / City of East RS -3 (Residential Single - Family Residential Residential Owasso High Density) West OPUD 15A / Undeveloped Commercial City of RM (Residential Multi - Family) Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 3.5 acres +/- Land Use Master Plan Transitional Current Zoning OPUD 15A /RM Proposed Use Senior Living Facility Proposed Lots /Blocks 1 Lot, 1 Block Within PUD? Yes; OPUD 15A Within Overlay District? No Water Provider Rogers County Rural Water District #3 Applicable Paybacks /Fees Elm Creek Sanitary Sewer Relief Area - $1,580.00 per acre Public Streets N/A ANALYSIS: The final plat for Centennial Park Apartments proposes a 1 Lot, 1 Block development on approximately 3.5 acres. A senior living facility is proposed for the properly. The properly is unique in that there are no limits of access shown on the plat as the subject property does not abut any public street right -of -way where limits of access would need to be established. However, the property will have access to a public street (East 881h Place North) through a recorded fifty foot (50') access easement located near the northwest comer of the property. The City of Owasso would provide sanitary sewer, Fire, Police, and EMS services to the proposed multi - family residential development. Rogers County Rural Water District #3 would provide water service to the property. Any development on the subject property shall adhere to all subdivision, zoning, and engineering requirements of the City of Owasso as well as those approved under OPUD 15A. PLANNING COMMISSION: The Owasso Planning Commission voted 4 -0 to recommend approval of the Final Plat for Centennial Park Apartments at their meeting on March 11, 2019, RECOMMENDATION: Staff recommends approval of the Final Plat for Centennial Park Apartments. ATTACHMENTS: Aerial Map Final Plat - Centennial Park Apart ments Aerial Photo TZ Centennial Park Apartments r -,rwr �,'i.rIT SUBJECT PROPERTY fy FWF "I Vrv, 6. -q -y lk� tk E 86th St • -"1- 7 W k7 i 11 ti I Oy I 1 G� I I �ll �V I W/aYrr I—..— BEN<HMARN SET /NGR wUMFASi CMRMA Oil 4P[PlY [W 63 z.S01NAVOtl51 MSIS OF BEARINGS MSUMEO BUPINL WEAOx V BEMIxc roB nlE wrST I'FI II/I S' I. 11. m N NII �REI x 111. g A1,,. N. . I.I'EI'1ary MIiUUMENEATK`N .nEEXXEa 3)B-IBOx Hxs w /GKsrd .iFF- UXMACxNt.,, srurvEESSSREB SXINEPS SiMIMO 'G9>I', UxIESSOIXEAwI5EU0nU. FRTTtFI F OF SURVEY O.uxo mlrvc I.ItIFII.1F -1 s vicaliFU�' o`uuo wgvnau. FINAL Pl,. \T R Be E oil CENTENNIAL, PARK x APARTMENTS APARTOPTHIF SW /4OPSFc.22,T21N,lilili.l\l., OIPASSO, ROGFRS COUNTY, OKLAFIO \IA 7 ... IKill (Itci.krnW M,,W.P+lnllr), OPV D ISA R LMEEq /SUBVEVOq IF..lEV 11F 4 >fF 3 CGFiON, lU18 wS5DCNEFSING IIUFANW a kR,Ii"IR I., INC StHS1AEfi,SME30E S OfMi 96iN ilq(Ei.SMEl06 w�eunnven,wm MS4 of )a103 INOWUWIIS.Ix I6E10 TltE'r'ILLE3� AT tPz`":.44N MW Xfl9'aVAT PI.f6 faJr'�u M. ,IXU JA'.am pIXWt PW EILNRW. W601) F A'l; LOT 1 BLOCK i —14696 E. 88TH PL. N.- 152,284 SO TT Duo; u O J�x 3.50 ACRES a9g�N^ ,XeD f • �SA H9'11'IYB eA.sY ( J/,. mxp r39TW W'x EMSY (k) iAI D'r'e.:T NGI. G"T L D or mm WS,rblett T�x�fad rMna mlvl (IOaG HUnC A.ea, ar MN/AtP IPOI[R CONROL 15 O N W IOI.N SiAJ F nl,eeeen uOnRLISCa� +pre O P %IMLL NOPTI ZOM:3Fi FF,1I.,F),)I. AS UYRVUav+xp+UVOl1�I,eX dLSFaw EIIPWN[O gYLpSOB3EXVAilON50XA D5 COMPOLAgNVMENI lI0.MPANR aU131CUZV511 NBUSNEO VAtVE3: EBBECIrrEnre. w /maou iwaw: aznzfisor fA3liNL: i61l3zS.19f iNEAgOVESiAI 1K1 ?111aaIXFOAA•ATONONtY.WDiH13 URD WPRI.INMOTOH 11�EPe YF Si401EMV1lEttDOSES NOTE Og5[0.vAilOX30NVM5 MO HIE9m9 N[O BV GR a[M1ESEMTIIS SUgVLYOP'SONEON Of EHEIAOeABIIRVOi NBNSIIEO EtNALIOxVllU['6]).134 ftOOWNG. nOS. : T ca E N�SC TISRIXAmNC.2R.33 3,, TX 0.E Nw.014 )Ltn Sf. N, Aeq M5IX SAVE l LEGEND VIE MtOMEV[MEMF [FMENxW PZ9 MiMFNR F% EaESEINC 50 IF q.w.0. III1g1COVx1VgUM wnifa Olsinln - Tull nrr.^ SiarzV19 Grafton Tull III— —MEMOIOMME� EMJ- FINAL FLAT or CENTENNIAL., PARK APARTMENTS A PART OF THE SW/ t OF SEC. 22, T21N, RHE, IM., OWASSO, ROGERS COUNTY, OKLAHOMA .owuero.wuwnrm T, wnKw, r11� ,eEtml1twncrmn�,..'L�ada,vnru,ms twm'oaaun.a..n KEOMM— -1 T. MEMEEMETTE —1. OEM111 u.nm W.YUnc MO1.Of `,."- a°M.:::.virzc..uc 10 Og— weuvncwrca,u,osz TO —1.1 - 0. EE m' zo,: r.. s.T�wu. aw El u..m.vr,Mw'Twv,c ,,.vz.,w.ww,,,w: wn.emu. mm :,TS +.r anew" REA'P" ROEA"' -5.. REAL Community TO: The Honorable Mayor and City Council FROM: Morgan M. Pemberton Jurisdiction. Assistant City Planner SUBJECT: Final Plat - Mingo Crossing DATE: March 15, 2019 BACKGROUND: The City of Owasso received a final plat application for review and approval of Mingo Crossing, a proposed single - family residential subdivision. The property is located on the east side of North 971h East Avenue (North Mingo Road), about a quarter of a mile south of East 106th Street North. In 2017, a Planned Unit Development (OPUD 17-02) with an underlying zoning of RS -3 (Residential Single - Family High Density) was approved for the subject property by City Council. SURROUNDING ZONING: Direction Zoning Use Land Use Jurisdiction. OPUD 17- 02 /RS -3 Proposed Use Residential Subdivision Plan 57 Lots, 3 Blocks North RM (Residential Multi - Family) Undeveloped Transitional City of City of Owasso Applicable Paybacks /Fees Ranch Creek Sewer Service Assessment Area - $610.33 per acre Storm Siren Fee - $50.00 per acre Public Streets Owasso South PF (Public Facilities) Undeveloped Residential City of Owasso AG (Ag(culture) / East RS -1 (Residential Single - Family Low Undeveloped Residential City of Owasso Density) West AG (Agriculture) Undeveloped Residential City of Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 21.36 acres +/- Land Use Master Plan Residential Current Zoning OPUD 17- 02 /RS -3 Proposed Use Residential Subdivision Proposed Lots /Blocks 57 Lots, 3 Blocks Within a PUD? Yes; OPUD 17 -02 Within an Overlay District? No Water Provider City of Owasso Applicable Paybacks /Fees Ranch Creek Sewer Service Assessment Area - $610.33 per acre Storm Siren Fee - $50.00 per acre Public Streets Yes ANALYSIS: The subject property is zoned OPUD 17 -02 with an underlying zoning of RS -3. The final plat for Mingo Crossing proposes 57 Lots in 3 Blocks on just over 21 acres, and it closely follows the preliminary plat that was approved concurrently with OPUD 17 -02 approval in 2017. The lots shown on the final plat are dimensionally smaller than what is typically allowed in an RS -3 zoning district. OPUD 17 -02 was approved to allow lot widths of fifty -four feet (54') while the Owasso Zoning Code requires RS -3 districts to have a minimum lot width of sixty -five feet (65'). Additionally, the lot sizes in the proposed development would range between approximately 5,400 square feet and 6,600 square feet, while the Zoning Code requires 7,000 square foot lots in RS -3 districts. Finally, the minimum front yard setback approved in OPUD 17 -02 is twenty feet (20') while the Code requires twenty -five feet (25'). These smaller dimensions were approved with the PUD document due to the significant restrictions placed on the subject property by the 100 -year floodplain that makes much of the property undevelopable. The final plat shows fifty feet (50') of required right -of -way along North Mingo Road that is to be dedicated with the filing of this plat, if approved. The two access points to the development from North Mingo Road show a fence and landscape easement on either side of the entrance for landscaped entryways. Limits of access are also identified for these two access points, with the remainder of frontage on North Mingo Road being limits of no access. A six foot (6') screening fence is required for the development in the identified five foot (5') fence and landscape easement that runs the length of the property on North Mingo Road. Also, utility access easements are also shown at the midway point on each block to provide adequate utility maintenance access. There are several reserve areas identified on the final plat. Reserve Areas B, C, and part of A are where the five foot (5') fence and landscape easement lies. Reserve Areas A, E, and F would serve as drainage and utility easements. Reserve Area F would also be the location of several amenities required by the PUD document for the development. Finally, Reserve Area D is identified as a twenty foot (20') trail easement. The developer would construct a trail within that easement that is anticipated to tie into the future Owasso trail system, at such time responsibility for the maintenance of the trail easement would be transferred to the City. The City of Owasso would provide water, sanitary sewer, Fire, Police, and EMS services to the proposed residential development. Any development on the subject property shall adhere to all subdivision, zoning, and engineering requirements of the City of Owasso as well as those approved under OPUD 17 -02. PLANNING COMMISSION: The Owasso Planning Commission voted 4 -0 to recommend approval of the Final Plat for Mingo Crossing at their meeting on March 11, 2019. RECOMMENDATION: Staff recommends approval of the Final Plat for Mingo Crossing. ATTACHMENTS: Aerial Map Final Plat - Mingo Crossing Planned Unit Development 1 ]- 02/RS -3 Mingo Crossing ENGINEER /SURVEYOR A subdivision in the City of Owasso, being a part of line Ni of Section OWNER /DEVELOPER • 18, Township 21 North, Range 14 East of the Indian Meridian, Tulsa Tuba Engineering Js Planning assooales .Job. County. State of Oklahoma Mgpo Crossing Developnleal Compmry. L.L.C. r—�smz a > Location Map le, oo ® W14E rk- WI se. ✓au.>,. E.. 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M.em Vu val W O«nr,9eMw.dnaamn alda rcxN� m� n n Om.erOavMq. muxwyn nx dMnpmeam,w gpaMr rnva.murnn a.LCeCW w X�eemm /qtr Mredas.er Mbrnm «. vxnwlvwmw d wn e.eNa w,wa r� ry de tr ddmmr nxa.aarp+am.emvrnaxnnvew,war amw m va.rLpv'v,rgnrn, rte mamwgamWn rawvnav eu Edem+ry M wad u Mxm a w nw.dee BmevNwo Owrvmeb M� Swap .YregOWmme I laa. tart u crew I t tr mw.Ymmmiwaan wa_ .q ro`,v "lamux'9a"a',c "` CEAi1FICAl OF FlNALPNTAPPPOVAL v1� MINC,0 CROSSING Ddo u,PraparaOm: Fe0nury25, M,9 SM1VN 2ol2 FpRa.. 11. mn,Po. .11. 0.^O.bca REAL People •REAL CRaracbr •REAL Commonly TO: The Honorable Mayor and City Council FROM: Scott Chambless Chief of Police SUBJECT. Police Vehicle Purchase DATE: March 15, 2019 BACKGROUND: The FY 2019 budget includes funding to hire two new police officers. Equipping those officers includes providing them vehicles. New officers have been hired and are currently in the basic police academy. Staff is seeking authorization to purchase two Dodge Chargers and these vehicles will be given to experienced officers who have cars that are nearing the time for replacement. The "used" cars that these officers are driving will be given to the new officers. In addition, in November of 2018, the City Council approved the purchase of two Ford Explorers. One of the Explorers was to replace an Explorer that was totaled in a collision in which the other driver was at fault. The other Explorer was a replacement for a vehicle that had reached its time for replacement. Unfortunately, the Ford Corporation cancelled all orders for Ford Explorers and has indicated that the Explorers will not be available until sometime in 2020. Prior to Ford's decision to cancel the orders for Explorers, the department had been considering the possibility of transitioning to the Dodge Durango pursuit rated SUV. The Dodge vehicles in the department FLEET have proven to be very reliable and of high quality. As a result of not being able to order the Explorers, department staff is proposing the purchase of two Dodge Durango pursuit rated SUVs. Per Owasso City ordinance, a competitive bidding process is not required for the purchase of equipment when purchased for an amount not exceeding a price set by a state, county, or city purchasing agency. This purchasing rule is also applicable if a dealership can match the price of the state bid price even if the dealership was not awarded the state bid. Jim Glover Chrysler Dodge Jeep Ram Fiat of Owasso has agreed to match the state bid pricing for the two Dodge Chargers and two Dodge Durangos previously referenced. The cost for the four vehicles based on state bid pricing is as follows: QTY MAKE /MODEL State Bid Contract # UNIT PRICE TOTAL 2 Dodge Charger SW35 -4569 $23,767 $47,534 2 Dodge Durango SW35 -4569 $31,721 $63,442 GRAND _ TOTAL $110,976 ri1MV3 M City Council approved Resolution 2017 -05, which added the purchase of public safety vehicles as eligible expenditures from the Capital Improvements Fund. The purchase of police vehicles is included in the FY 2019 budget and funding is available in the Capital Improvements Fund. The funding for the Dodge Durango, that is being purchased to replace the Ford Explorer that was totaled in a collision, will come from the Self- Insurance Fund. The insurance company of the other driver reimbursed the City of Owasso $30,855.74 for this vehicle. Since the Dodge Durango is more costly than the Ford Explorer, the remaining $865.26 that was not reimbursed by insurance will come from the Capital Improvements Fund. RECOMMENDATION: Staff recommends approval to purchase police vehicles from Jim Glover Chrysler Dodge Jeep Ram Fiat of Owasso, Oklahoma, utilizing State of Oklahoma approved contract pricing, as follows: • 2 Dodge Chargers in an amount not to exceed $23,767 per vehicle ( #SW35 -4569) • 2 Dodge Durangos in an amount not to exceed $31,721 per vehicle ( #SW35 -4569) sd REAL People •REAL Character• REAL Commonly TO: The Honorable Mayor and City Council FROM: Mark Stuckey Assistant Fire Chief SUBJECT: Tractor Putchase, Fire Station No. 4 DATE: March 15, 2019 PROPOSED ACTION: Staff is proposing the purchase of a tractor and implements for Fire Station No. 4 utilizing the State of Oklahoma contract pricing. BACKGROUND: With the completion of Fire Station No. 4 and training complex, a tractor with implements will be necessary for facility operations and maintenance. These items will be utilized for mowing, spraying the fence line and landscaped rock areas, and using the front -end loader /grappler to move pallets and loose materials. Staff conducted research in order to determine the type /size of tractor and associated implements necessary to meet the requirements of the department, and a list of criteria was developed. The specifications developed were for a 33 h..p. diesel tractor, front end loader with a 4 & 1 bucket. Attachments include pallet forks, finish mower, sprayer, grapple, work lights, box blade, 3rd function valve, and fluid filled tires. BIDDING: Staff reviewed the State of Oklahoma contract #SW 196 for Agricultural Equipment. Based upon the state contract pricing, staff contacted Kubota of Northwest Arkansas, Stewart Martin Equipment, and the local John Deere vendor, P &K Equipment, to provide comparison price quotes. Price quotes were received from Stewart Martin Equipment (Kubota) and P &K Equipment (John Deere) Stewart Martin Kubota 33,825.00 P &K John Deere 42,384.77 Evaluating tractor experience from other City Department staff, the Kubota brand tractors have proven to be reliable and versatile. With that information, Staff determined that the bid from Stewart Martin (Kubota) is the lowest and best bid that meets the needs of the City. FUNDING: Funding for the tractor and implements is included in the Capital Improvements Fund. The cost of the tractor and implement package is $33,825.00. RECOMMENDATION: Staff recommends approval to purchase a tractor and implements for Fire Station No. 4, from Stewart Martin Equipment of Okmulgee, Oklahoma, utilizing the State of Oklahoma approved contract pricing #SW 196, and authorization for payment in an amount not to exceed $33,825. s� ozo''. -REALC a. REAL COmmun6y TO: The Honorable Mayor and City Council FROM: Roger Stevens Public Works Director SUBJECT: Right -of -Way and Easement Acquisition East 116th Street North Roadway Improvements from North Garnett Road to North 129th East Avenue DATE: March 15, 2019 BACKGROUND: City staff is currently involved in the acquisition of right -of -way and easements for the East 116th Street North Roadway Improvement project from Garnett Road to North 1291h East Avenue. The purchase of 16,639.30 square feet of right -of -way from Cross Timbers Ranch, LLC, has been negotiated through Paul Dean, Manager, and staff is seeking City Council authorization to purchase the land. The general location of the property is East 116th Street North and North 127th East Avenue. DESCRIPTION /PURCHASE PRICE: The appraised value of the land is $6.00 per square foot, for a purchase price of $99,835.80. In addition to the cost for right -of -way, compensation for easement in the amount of $9,450 was included, for a total amount of $109,285.80. During negotiations, Mr. Dean provided a counteroffer in the amount of $125,925.10, which calculates to $7.00 per square foot for the needed right -of -way and includes compensation for easement. FUNDING: Funding for this purchase is included in the Vision Recapture Fund. RECOMMENDATION: Staff recommends approval of an agreement with Cross Timbers Ranch, LLC, for the acquisition of right -of -way and easement in the amount of $125,925.10, and authorization for payment. ATTACHMENTS: Site Map Agreement Letter E 116 St N - Land Acquisition Cross Timbers Ranch, LLC 03/06/2019 1 M i Thismapmmayyp�(iresentsavisualdispls� �ofrelatedgeographicinformationDataprovidechereonis not guaranteeofacutualFieldconclitionsTobesureofcem pletmccuracypleasecontactthe responsible;ta, lormostuptodatemtormation. 1A L T 116 St N°" WS K) y ,. ti. n ti; „ 11U h11 B:1 ... Z°7S U:1 td ,. * ` z Li ll I3lx!A t�75 LM _ �. la h 7 ut:11J 2 0 'SS Ace 1-12rdw, z in AN 1.2682 1 a;m ! 1.2708 M m ' Cross Timbers Ranch, LLC rn t r V = 188f1 Cross Timbers Ranch, LLC 03/06/2019 1 M i Thismapmmayyp�(iresentsavisualdispls� �ofrelatedgeographicinformationDataprovidechereonis not guaranteeofacutualFieldconclitionsTobesureofcem pletmccuracypleasecontactthe responsible;ta, lormostuptodatemtormation. February 10, 2019 Paul Dean Cross Timbers Ranch, LLC 5560 East 470 Road Claremore, OK 74019 RE: City of Owasso Road Widening Project I I6'h North — Parcels 9 & 10 Dear Mr. Dean: Terra Acquisition Services is working under Contract with the City of Owasso to acquire the right of way and easements for improving the 116th. Enclosed are the survey maps detailing the needed right of way and easement areas. Based on the previous value, the City of Owasso is willing to offer to you in the amount of $125.925.10 for the needed right of way and easements for this project. This offer reflects a per square value of $7.00 for the 16,639.30 of right of way and $3.50 for the 2,700.00 square feet of permanent easement. We will also need to obtain a partial release of mortgage on the right of way purchased. If this offer meets with your approval, I would request that you acknowledge with your signature below. I will need to obtain this signed letter and the enclosed W -9 so the check can be processed. It will take about three weeks in order to obtain the check. If you have any questions please feel free to contact me at the number listed above to discuss this project. Sincerely, Agreed to: Cross Timbers Ra ch, L C Paul Dean, Manager 15ate Mike R. Craddock Terra Acquisition Services Cc Roger Stevens, Public Works Director City of Owasso mike @terraacquisition.com • 918.605.1436 •8458 S. College Avenue • Tulsa, OK 74137 Department 105 Municipal Court 110 Managerial 120 Finance 130 Human Resources 160 Community Development 170 Engineering 175 Information Systems 181 Support Services 190 Cemetery 201 Police Grant Overtime 215 Central Dispatch 221 Animal Control 250 Fire Safer Grant 280 Emergency Preparedness 370 Stormwater /ROW Maint. 515 Park Maintenance 520 Culture /Recreation 550 Community- Senior Center 580 Historical Museum 710 Economic Development CITY OF OwASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 03102119 Payroll Expenses Total Expenses 6,135.61 8,412.16 20,924.24 29,075.88 18,367.99 26,928.74 8,799.82 13,173.71 14,615.85 23,498.49 18,067.38 27,778.04 14,528.05 22,336.42 9,230.03 13,586.11 1,368.18 1,386.17 23,656.58 39,844.15 3,133.60 4,961.54 22,571.82 36,210.02 2,168.26 3,472.55 8,418.39 11,546.76 6,833.44 10,891.25 8,264.39 13,008.29 5,070.10 6,940.60 664.40 746.78 3,562.55 5,428.80 General Fund Total 196,380.68 299,226.46 185 Garage Fund Total 7,319.72 12,117.54 255 Ambulance Fund Total 553.85 622.53 250 Fire Fund 37 Total 159,215.30 241,305.77 201 Police Fund 38 Total 162,702.51 247,084.70 300 Streets Fund 39 Total 16,202.86 25,707.69 370 Stormwater Fund 27 Total 3,538.36 5,446.87 150 Worker's Compensation Total 9,288.24 11,097.15 720 Strong Neighborhoods Total 4,196.91 6,152.51 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 3/14119 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE ADMIN FEES DENTAL DEPT TOTAL VSP VISION MEDICAL SERVICES ADMIN FEES VISION DEPT TOTAL HEALTHCARE SELF INSURANCE FUND TOTAL •/1�i(�111.Y� 53,277.59 52,441.22 70,385.41 125,134.08 301,238.30 3,677.12 4,425.50 8,259.86 2,601.35 18,963.83 2,494.37 1,206.32 3,700.69 323,902.82 CITY OF OWASSO GENERAL FUND & HALF -PENNY SALES TAX FISCAL YEAR 2018 -2019 Budgetary Basis Statement of Revenues & Expenditures As of February 28, 2019 0:\ ALL _CITY\CouncilMeetingDocs\2019 WORKING FOLDERS\2019.03 MarchQO19.03.19 \GF Monthly Financial MONTH YEAR PERCENT TO -DATE TO -DATE BUDGET OF BUDGET REVENUES: Taxes $ 3,125,639 $ 22,862,316 $ 32,326,100 70.72% Licenses & permits 10,750 115,448 239,835 48.14% Intergovernmental 78,101 626,303 1,696,942 36.91% Charges for services 66,980 526,096 746,760 70.45% Fines & forfeits 25,782 230,972 486,550 47.47% Other 25,953 229,729 187,310 122.65% TOTAL REVENUES $ 3,333,205 $ 24,590,865 $ 35,683,498 68.91 %, EXPENDITURES: Personal services $ (1,490,207) $ (12,466,572) $ (20,935,220) 59.55% Materials &supplies (146,258) (725,253) (1,502,464) 48.27% Other services (118,958) (1,360,915) (2,562,207) 53.11% Capital outlay (55,021) (889,211) (2,842,372) 31.28% Deferred Budget - Grant not awarded - - (51,939) 0.00% TOTAL EXPENDITURES $ (1,810,444) $ (15,441,951) $ (27,894,202) 55.36% REVENUES OVER EXPENDITURES $ 1,522,761 $ 9,148,914 $ 7,789,296 TRANSFERS IN (OUT): Transfers in - Sales Tax $ 1,531,658 $ 11,639,709 $ 16,751,714 69.48% Transfers out (2,409,904) (17,938,742) (26,068,196) 68.81% TOTAL TRANSFERS $ (878,247) $ (6,299,033) $ (9,316,482) 67.61% NET INCOME (LOSS) $ 644,514 $ 2,849,881 $ (1,527,186) ENCUMBRANCES OUTSTANDING $ (383,805) FUND BALANCE (Budgetary Basis) Beginning Balance 8,227,107 8,227,107 Ending Balance $ 10,693,183 $ 6,699,921 0:\ ALL _CITY\CouncilMeetingDocs\2019 WORKING FOLDERS\2019.03 MarchQO19.03.19 \GF Monthly Financial