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HomeMy WebLinkAbout2019.06.18_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL Council Chambers, Old Central Building 109 North Birch, Owasso, OK 74055 Regular Meeting Tuesday, June 18, 2019 - 6:30 pm 1. Call to Order Mayor Chris Kelley 2. Invocation Pastor Bill Savage of New Life Assembly 3. Flag Salute 4. Roll Call 5. Presentation of the Character Trait of Endurance Ray Adcock, Character Council Member RECEIVED JUN 14 2019 �5 City Clerk's Office 6. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes • May 21, 2019, Regular Meeting • June 11, 2019, Regular Meeting B. Approve claims C. Accept a donation from the Cherokee Nation and approve a budget amendment increasing revenues in the General Fund by $3,500, and increasing the appropriation for expenditures in the Fire Department budget in the amount of $3,500 D. Accept the Sanitary Sewer Root Control Grant from the Oklahoma Municipal Assurance Group (OMAG) and approve a budget amendment increasing revenues and increasing the appropriation for expenditures in the General Fund by $5,000 7. Consideration and appropriate action relating to items removed from the Consent Agenda 8. Citizen request to address the City Council Mr. Gary DePrater has requested to address the City Council regarding senior citizens and a senior center. Consideration and appropriate action relating to Resolution 2019 -13, amending the list of capital improvement projects eligible for funding from the Capital Improvements Fund to include the 5K Heart Healthy Trail and Funtastic Island renovations and Splash Pad Chris Garrett Staff recommends approval of Resolution 2019 -13. Owasso City Council June 18, 2019 Page 2 10. Consideration and appropriate action relating to the purchase of a vehicle for the Community Development Department Brian Dempster Staff recommends approval to purchase a 2019 Ford F150 '/2 -ton, regular cab, 4X4 truck equipped for CNG Bi -fuel, in the amount of $38,986 from Bill Knight Ford Fleet and Commercial Center of Tulsa, Oklahoma, utilizing approved Oklahoma Statewide Contract #SW035. 11. Consideration and appropriate action relating to a contract for audit services for the fiscal year ending June 30, 2019 Jennifer Newman Staff recommends approval of a contract for auditing services with RSM, LLP, of Oklahoma City, Oklahoma for fiscal year ending June 30, 2019. 12. Consideration and appropriate action relating to a bid award for the 2019 Traffic Signal Modification Project Larry Escalanta Staff recommends awarding the bid to Traffic and Lighting Systems of Tulsa, Oklahoma, in the amount of $264,360, and authorization for the Mayor to execute the agreement. 13. Consideration and appropriate action relating to a contract with the Fraternal Order of Police Lodge #149 (FOP) for FY 2019 -2020 Michele Dempster Staff recommends approval of the FY 2019 -2020 contract between the City of Owasso and the Fraternal Order of Police, Lodge #149, and authorization for the Mayor to execute the contract. 14. Consideration and appropriate action relating to a contract with the International Association of Firefighters Local #2789 (IAFF) for FY 2019 -2020 Michele Dempster Staff recommends approval of the FY 2019 -2020 contract between the City of Owasso and the International Association of Firefighters, Local #2789, and authorization for the Mayor to execute the contract. 15. Consideration and appropriate action relating to a budget amendment in the General Fund Linda Jones Staff recommends approval of a budget amendment in the General Fund increasing the estimated revenue and the appropriation for expenditures by $565,287. 16. Consideration and appropriate action relating to Resolution 2019 -14, providing for the adoption of an annual budget for Fiscal Year 2019 -2020, for the General Fund and other Funds and establishing budget amendment authority as provided by state statue Linda Jones Staff recommends approval of Resolution 2019 -14, 17. Report from City Manager Monthly Public Works Project Status Report Owasso City Council June 18, 2019 Page 3 18. Report from City Attorney 19. Report from City Councilors 20. 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 dates May 25, 2019, and June 8, 2019 • Health Care Self- Insurance Claims - dated as of May 31, 2019, and June 13, 2019 • Monthly Budget Status Report - May 2019 21. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 22. 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, June 14, 2019. n I. M. Stevens,,City 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 @cityofowasso com OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, May 21, 2019 The Owasso City Council met in regular session on Tuesday, May 21, 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, May 17, 2019. 1. Call to Order Vice Mayor Bill Bush called the meeting to order at 6:30pm. 2. Invocation The Invocation was offered by Pastor Jonathan Cook of Destiny Life Church - Owasso. 3. Flag Salute Councilor Lyndell Dunn led the flag salute. 4. Roll Call Present Vice -Mayor - Bill Bush Councilor - Doug Bonebrake Councilor - Lyndell Dunn A quorum was declared present. Staff: City Manager - Warren Lehr City Attorney - Julie Lombardi Absent Mayor - Chris Kelley Councilor - Kelly Lewis 5. Presentation of Proclamation Vice Mayor Bush presented a proclamation declaring May 19 -25, 2019, as National Public Works Week, in recognition that public works infrastructure, facilities, and services play an integral part in the health, safety, and well -being of citizen's day to day lives. 6. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes • May 7, 2019, Regular Meeting • May 14, 2019, Regular Meeting B. Approve claims C. Authorize the Mayor to execute an Amendment to the Tulsa County Urban County Community Development Block Grant (CDBG) Program Cooperation Agreement by adding Section IX, Transfer of CDBG Funds Prohibited, stating that a unit of general local government may not sell, trade, or otherwise transfer all or any portion of such CDBG funds to another such metropolitan city, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or non - Federal considerations D. Approve Ordinance 1138 - Amended, correcting a scrivener's error on Attachment "A ", Official Base Zoning Map, to show the property located at 102 West 1 1 th Street North zoned Office (0), as approved in Ordinance 905 E. Accept a donation from Country Financial and approve a budget amendment in the General Fund, increasing revenues and the appropriation for expenditures in the Police Department by $1,500.00 Owasso City Council May 21, 2019 Page 2 Mr. Bonebrake moved, seconded by Mr. Dunn to approve the Consent Agenda as presented with claims totaling $809,095.37. YEA: Bonebrake, Dunn, Bush NAY: None Motion carried: 3 -0 7. Consideration and appropriate action relating to items removed from the Consent Agenda None 8. PUBLIC HEARING - The City Council will conduct a public hearing for the purpose of receiving citizen input relating to the proposed FY 2019 -2020 Annual Operating Budget Warren Lehr presented the item. At 7:13 pm, the Vice Mayor opened the Public Hearing for comment. There were no comments from the audience. At 7:14 pm, the Vice Mayor closed the Public Hearing. 9. PUBLIC HEARING -The City Council will conduct a public hearing for the purpose of receiving citizen input relating to a proposed amendment to the list of Capital Improvement Projects eligible for funding from the Capital Improvements Fund to include 5K Heart Healthy Trail, Funtastic Island renovations and Splash Pad Chris Garrett presented the item. At 7:17 pm, the Vice Mayor opened the Public Hearing for comment. There were no comments from the audience. At 7:18 pm, the Vice Mayor closed the Public Hearing. 10. Consideration and appropriate action relating to the purchase of a Bi -Fuel CNG vehicle Larry White presented the item, recommending approval to purchase a 2019 Ford F150 Yz- ton, regular cab, rear -wheel drive vehicle equipped for CNG Bi -fuel, in the amount of $34,071.00 from Bill Knight Ford Fleet and Commercial Center of Tulsa, Oklahoma, utilizing approved Oklahoma Statewide Contract #SW035. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn to approve the vehicle purchase, as recommended. YEA: Bonebrake, Dunn, Bush NAY: None Motion carried: 3 -0 11. Consideration and appropriate action relating to a budget amendment in the City Garage Fund and the purchase of heavy duty vehicle lifts Larry White presented the item, recommending approval of a budget amendment in the City Garage Fund increasing the appropriation for expenditures in the City Garage budget by $13,350.00; and approval to purchase the following truck lifts from Malchi Automotive Equipment Supply Incorporated, of Broken Arrow, Oklahoma: • One (1) 4 -post extended length heavy duty drive -on lift in the amount of $30,025.00; • Four (4) Mobile column lifts in the amount of $40,218.75. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn to approve the budget amendment and the purchase of the truck lifts, as recommended. YEA: Bonebrake, Dunn, Bush NAY: None Motion carried: 3 -0 Owasso City Council May 21, 2019 Page 3 12. Consideration and appropriate action relating to the 2017 -2018 Roadway Striping Project Earl Farris presented the item, recommending acceptance of the project and authorization for final payment to Direct Traffic Controls Inc. of Muskogee, Oklahoma, in the amount of $95,792.10. There were no comments from the audience. After discussion, Mr. Dunn moved, seconded by Mr. Bonebrake to accept the project and authorize final payment, as recommended. YEA: Bonebrake, Dunn, Bush NAY: None Motion carried: 3 -0 13. Consideration and appropriate action relating to a Final Plat for Glover Coffee Creek, located in the 10500 block of the Owasso Expressway Karl Fritschen presented the item, recommending approval of the Final Plat for Glover Coffee Creek. There were no comments from the audience. After discussion, Mr. Dunn moved, seconded by Mr. Bonebrake to approve the Final Plat, as recommended. YEA: Bonebrake, Dunn, Bush NAY: None Motion carried: 3 -0 14. Consideration and appropriate action relating to Ordinance 1148, annexing into the corporate limits of the City of Owasso approximately 4 acres located at 11515 East 96th Street North and rezoning the property from Agriculture (AG) to Commercial Shopping (CS) as referenced in applications OA 19 -02 and OZ 19 -02 Morgan Pemberton presented the item, recommending adoption of Ordinance 1 148. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn to adopt Ordinance 1148, as recommended. YEA: Bonebrake, Dunn, Bush NAY: None Motion carried: 3 -0 15. Consideration and appropriate action relating to Ordinance 1149, relating to Part 3, Alcoholic Beverages, of the Code of Ordinances, City of Owasso; amending in part and repealing in part various Chapters and Sections; and establishing an annual occupation tax Julie Lombardi presented the item, recommending adoption of Ordinance 1149. There were no comments from the audience. After discussion, Mr. Dunn moved, seconded by Mr. Bonebrake to adopt Ordinance 1149, as recommended. YEA: Bonebrake, Dunn, Bush NAY: None Motion carried: 3 -0 16. Consideration and appropriate action relating to Ordinance 1150, relating to Part 9, Licensing and Business Regulations, of the Code of Ordinances, of the City of Owasso; repealing in its entirety Chapter 5, License for the Sale and Serving of Alcohol and 3.2 Beer Julie Lombardi presented the item, recommending adoption of Ordinance 1150. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn to adopt Ordinance 1150, as recommended. YEA: Bonebrake, Dunn, Bush NAY; None Motion carried: 3 -0 Owasso City Council May 21, 2019 Page 4 17. Consideration and appropriate action relating to Resolution 2019 -12, resolving the necessity of instituting and prosecuting condemnation procedures to obtain utility and temporary construction easements located at 11301 North Garnett Road, Owasso, Oklahoma Julie Lombardi presented the item, recommending approval of Resolution 2019 -12. There were no comments from the audience. After discussion, Mr. Dunn moved, seconded by Mr. Bonebrake to approve Resolution 2019 -12, as recommended. YEA: Bonebrake, Dunn, Bush NAY: None Motion carried: 3 -0 18. Consideration and appropriate action relating to an Employment Agreement between the City and City Manager, Warren Lehr Michele Dempster presented the item and discussion was held. There were no comments from the audience. seconded by Mr. Dunn to approve the agreement YEA: Bonebrake, Dunn, Bush NAY: None Motion carried: 3 -0 After discussion, Mr. Bonebrake moved, , as presented. 19. Consideration and appropriate action relating to the ratification of the second year of the current Employment Agreement between the City and City Attorney, Julie Lombardi, for FY 2019 -2020, and approval of a First Amendment to said Employment Agreement Michele Dempster presented the item and discussion was held. There were no comments from the audience. Mr. Bonebrake moved, seconded by Mr. Dunn to ratify the Agreement and approve the First Amendment, as presented. YEA: Bonebrake, Dunn, Bush NAY: None Motion carried: 3 -0 20. Report from City Manager Warren Lehr reported on the recent severe storm activity. 21. Report from City Attorney None 22. Report from City Councilors Councilor Bonebrake commented on staff's dedication to the citizens of the City. 23. Official Notices to Council (documents for acknowledgment of receipt or information only no discussion or action will be taken) The Vice Mayor acknowledged receipt of the following: • Payroll Payment Report - Pay Period Ending Date May 11, 2019 • Health Care Self- Insurance Claims - dated as of May 16, 2019 • Monthly Budget Status Report - April 2019 • Oklahoma Department of Environmental Quality Construction Permit No. WL000072190240 • Oklahoma Department of Environmental Quality Construction Permit No. SL000072190258 • Red Flag Policy Annual Report dated May 1, 2019 Owasso Cify Council May 21, 2019 Page 5 24. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) None 25. Adjournment Mr. Bonebrake moved, seconded by Mr. Dunn to adjourn the meeting. YEA: Bonebrake, Dunn, Bush NAY: None Motion carried: 3 -0 and the meeting adjourned at 8:06 pm. Bill Bush, Vice Mayor Juliann M. Stevens, City Clerk OWASSO CITY COUNCIL, PUBLIC WORKS AUTHORITY, AND PUBLIC GOLF AUTHORITY MINUTES OF JOINT REGULAR MEETING Tuesday, June 11, 2019 The Owasso City Council, Owasso Public Works Authority (OPWA), and Owasso Public Golf Authority (OPGA) met in a joint regular meeting on Tuesday, June 11, 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, June 7, 2019. 1. Call to Order /Roll Call Mayor /Chair Chris Kelley called the meeting to order at 6:00 pm. Present Absent Mayor /Chair - Chris Kelley None Vice Mayor /Vice Chair- Bill Bush Councilor /Trustee - Doug Bonebrake Councilor /Trustee - Lyndell Dunn Councilor /Trustee - Kelly Lewis (arrived at 6:18 pm) A quorum was declared present. Staff: City Manager- Warren Lehr City Attorney - Julie Lombardi 2. 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 City of Owasso claims B. Approve Owasso Public Works Authority claims C. Approve Owasso Public Golf Authority claims Mr. Bush moved, seconded by Mr. Bonebrake to approve the Consent Agenda with City Council Claims totaling $1,208,401.32, OPWA claims totaling $182,686.48, and OPGA claims totaling $44,976.01. YEA: Bonebrake, Bush, Dunn, Kelley NAY: None Motion carried: 4 -0 3. Discussion relating to the proposed FY 2019 -2020 Annual Operating Budget Linda Jones and Warren Lehr presented the item and discussion was held. It was further explained that an item would be placed on the June 18, 2019, City Council, OPWA, and OPGA agendas for consideration and action. 4. Discussion relating to a proposed Utility Payment System Linda Jones presented the item. Councilor Lewis arrives 6:18 pm. Discussion was held. Staff anticipates submitting this item for OPWA Trustee consideration and action in July. 5. Discussion relating to Human Resources Items A. Proposed Fraternal Order of Police Contract for FY 2019 -2020 B. Proposed International Association of Fire Fighters Contract for FY 2019 -2020 Michele Dempster presented both items and discussion was held. It was further explained that each item would be placed on the June 18, 2019, City Council Agenda for consideration and action. Owasso City Council, OPWA & OPGA June 11, 2019 Page 2 6. Discussion relating to City Manager items A. Various Citizen Board and Committee appointments - Mayor Kelley presented the item and discussion was held. B. Monthly sales fax report -Linda Jones presented the item and discussion was held. C. City Manager report - No Report City Councilor/Trustee comments and inquiries Councilors Bonebrake, Dunn, and Lewis reported on the 2019 Tulsa Chamber OneVoice Washington D.C. Fly -In and discussion was held. 8. Adjournment Mr. Dunn moved, seconded by Ms. Lewis to adjourn the meeting. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 and the meeting adjourned at 7:00 pm. Chris Kelley, Mayor /Chair Juliann M. Stevens, City Clerk Fund 01 GENERAL Claims List - 6/18/2019 Vendor Name AT &T BLUE ENERGY FUELS, LLC CITY GARAGE CITY GARAGE FLEETCOR TECHNOLOGIES Payable Description Payment Amount LONG DISTANCE PHONE $1.26 CNG FUEL PURCHASES - $50.85 MAY, $61.77 LABOR/OVERHEAD - JUNE, 20 $146.08 VEHICLE PARTS PURCH - $271.62 MAY $572.08 FUELMAN EXPENSES - MAY, $89.91 2 GEN ANIMAL CONTROL -Total $559.72 VERDIGRIS VALLEY ELECTRIC COOP CEMETERY ELECTRIC $45.87 GEN CEMETERY -Total $45.87 AT &T LONG DISTANCE PHONE $177 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $130.85 GEN COMMUNITY CENTER -Total $134.62 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES - $61.77 MAY, CITY GARAGE LABOR /OVERHEAD - JUNE, 20 $572.08 CITY GARAGE VEHICLE PARTS PURCH - $15.58 MAY FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MAY, $219.99 2 HAROLD RANDALL PINNEY MOWING $250.00 JPMORGAN CHASE BANK DEQ- LICENSE $92.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $38.41 GEN COMMUNITY DEVELOPMENT -Total $1,249.83 AT &T LONG DISTANCE PHONE $0.18 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MAY, $39.60 2 VERDIGRIS VALLEY ELECTRIC COOP STORM SIREN ELECTRIC $95.36 GEN EMERG PREPAREDNESS -Total $135.14 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES - $20.14 MAY, CITY GARAGE LABOR/OVERHEAD -JUNE, 20 $481.00 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MAY, $260.71 2 UNIFIRST HOLDINGS LP UNIFORM SERVICE $12.75 GEN ENGINEERING -Total $774.60 CITY GARAGE LABOR/OVERHEAD - JUNE, 20 $207.75 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MAY, $18.98 2 GEN FINANCE -Total $226.73 AT &T LONG DISTANCE PHONE $40.43 JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES $57,96 JPMORGAN CHASE BANK AMER WASTE CONT -RENTA $90.57 1 Claims List - 6/18/2019 Fund Vendor Name Payable Description Payment Amount 01 GENERAL ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $168.85 GEN GENERAL GOVERNMENT -Total FUELMAN EXPENSES - MAY, $357.83 AT &T LONG DISTANCE PHONE $0.16 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $41.81 GEN HISTORICAL MUSEUM -Total DELTA -FEE $41,97 JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES $201.30 GEN HR - CHAR INITIATIVE -Total OFFICE DEPOT - SUPPLIES $201.30 JPMORGAN CHASE BANK AMAX SIGN - NAMEPLATE $45.00 JPMORGAN CHASE BANK EMPLOYEE DEVELOPMENT $268.02 JPMORGAN CHASE BANK ICIMS- APPLICANT SYS $300.00 JPMORGAN CHASE BANK MEETING EXPENSE $120.06 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $18.63 JPMORGAN CHASE BANK STRATA - CHARACTER MAG $1,984.12 JPMORGAN CHASE BANK WALMART- SUPPLIES $70.83 GEN HUMAN RESOURCES -Total $2,806.66 CITY GARAGE LABOR/OVERHEAD - JUNE, 20 $86.00 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MAY, $34.71 2 GEN INFORMATION TECH - Total $120.71 CITY GARAGE LABOR/OVERHEAD - JUNE, 20 $78.42 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MAY, $29.69 2 JPMORGAN CHASE BANK CMAO -CONF FEE $195.00 JPMORGAN CHASE BANK DELTA -FEE $30.00 JPMORGAN CHASE BANK DYMO- OFFICE SUPPLIES $35.70 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $8.24 JPMORGAN CHASE BANK OWASSO CHAMBER -FEE $40.00 JPMORGAN CHASE BANK OWASSO CHAMBER -REGIS $20.00 JPMORGAN CHASE BANK TRAVEL EXPENSE $184.13 JPMORGAN CHASE BANK UBER -FEE $54,82 JPMORGAN CHASE BANK UNITED - AIRFARE $378,00 GEN MANAGERIAL -Total $1,054.00 BENCHMARK ENTERPRISES, LLC SPLASH PAD PARTS $1,585.00 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES - $152.12 MAY, CITY GARAGE LABOR/OVERHEAD - JUNE, 20 $1,484.08 CITY OF OWASSO WATER $3,251.50 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MAY, $536.46 2 FREDERICK SOMMERS & WESTERN SIGN SIGNAGE $370.00 CO JPMORGAN CHASE BANK 2 ALL MAINT SPLY- SUPPLI $309.65 Claims List - 6/18/2019 Fund Vendor Name Payable Description Payment Amount 01 GENERAL JPMORGAN CHASE BANK CORNERSTONE -PARTS $253.55 JPMORGAN CHASE BANK LOCKE -PARTS $1,75 JPMORGAN CHASE BANK LOWES -PARTS $12.98 JPMORGAN CHASE BANK LOWES- SUPPLIES $23.34 JPMORGAN CHASE BANK NEW HOLLAND -MOWER $429.00 JPMORGAN CHASE BANK P &K- SUPPLIES $2.67 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $41.39 UNIFIRST HOLDINGS LP PARKS STAFF UNIFORMS $28.51 GEN PARKS -Total $8,482.00 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES - $583.66 MAY, CITY GARAGE LABOR /OVERHEAD - JUNE, 20 $2,995.83 CITY GARAGE VEHICLE PARTS PURCH - $0.58 MAY FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MAY, $763.43 2 UNIFIRST HOLDINGS LP UNIFORM SERVICE $29.44 GEN STORMWATER -Total $4,372.94 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES - $66.38 MAY, CITY GARAGE LABOR /OVERHEAD - JUNE, 20 $591.08 CLEAN UNIFORM COMPANY UNIFORM RENTAL FEES $14.82 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MAY, $12.21 2 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES $55.74 GEN SUPPORT SERVICES -Total $740.23 GENERAL -Total $21,304.15 20 AMBULANCE SERVICE CITY GARAGE LABOR /OVERHEAD - JUNE, 20 $1,476.92 CITY GARAGE VEHICLE PARTS PURCH - $701.96 MAY FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MAY, $3,277.51 2 AMBULANCE -Total $5,456.39 AMBULANCE SERVICE -Total $5,456.39 25 HOTEL TAX CITY GARAGE LABOR/OVERHEAD - JUNE, 20 $164.00 FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - MAY, $83.52 2 JPMORGAN CHASE BANK MEETING EXPENSE $483.12 JPMORGAN CHASE BANK SCOREBOARD- PLAQUE $45.00 STRONG NEIGHBORHOODS -Total $775.64 HOTEL TAX -Total $775.64 27 STORMWATER MANAGEMENT UNIFIRST HOLDINGS LP UNIFORM SERVICE $5.39 STORMWATER - STORMWATER -Total $5.39 3 Fund Claims List - 6118/2019 Vendor Name Payable Description Payment Amount 21 STORMWATER MANAGEMENT -Total $5.39 34 VISION TAX BKL INCORPORATED ENGINEERING SERVICES - E $20,346.69 VSN RECAP 96TH1119.129TH -Total $20,346.69 VISION TAX -Total $20,346.69 37 SALES TAX FIRE CITY GARAGE LABOR /OVERHEAD - JUNE, 20 $2,459.08 CITY GARAGE CITY OF OWASSO FLEETCOR TECHNOLOGIES ONEOK, INC OKLAHOMA NATURAL GAS VEHICLE PARTS PURCH - $39.51 MAY $4,317.99 WATER $133.00 FUELMAN EXPENSES - MAY, $3,004.66 2 NATURAL GAS USAGE $453.25 SALES TAX FUND -FIRE -Total $6,089.50 SALES TAX FIRE -Total $6,089.50 38 SALES TAX POLICE AT&T LONG DISTANCE PHONE $40.43 CITY GARAGE CITY GARAGE FLEETCOR TECHNOLOGIES JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK ONEOK, INC OKLAHOMA NATURAL GAS LABOR /OVERHEAD - JUNE, 20 $11,745.67 VEHICLE PARTS PURCH - $4,317.99 MAY FUELMAN EXPENSES - MAY, $9,057.36 2 ASSOC PARTS - SWITCH $12.95 GRAINGER -MOTOR $355.65 HEATWAVE SPLY -PARTS $80.85 LOWES -PARTS $52.52 RED BUD SVC- FILTERS $470.60 NATURAL GAS USAGE $328.96 SALES TAX FUND - POLICE -Total $26,462.98 SALES TAX POLICE -Total $26,462.98 39 SALES TAX STREETS BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES - $325.12 MAY, CITY GARAGE CITY GARAGE FLEETCOR TECHNOLOGIES UNIFIRST HOLDINGS LP VERDIGRIS VALLEY ELECTRIC COOP VERDIGRIS VALLEY ELECTRIC COOP LABORIOVERHEAD - JUNE, 20 $3,975.25 VEHICLE PARTS PURCH - $1,879.51 MAY FUELMAN EXPENSES - MAY, $1,180.51 2 UNIFORM SERVICE $105.94 CHAMPION STREET LIGHT $86.99 SECURITY LIGHT $7.40 SALES TAX FUND- STREETS -Total $7,560.72 SALES TAX STREETS -Total $7,560.72 40 CAPITAL IMPROVEMENTS MULLINS PLUMBING INC TANKLESS WATER HTR $4,982.12 Cl - POLICE BLDG -Total $4,982.12 TIMBERLAKE CONSTRUCTION CO PARTITIONS $1,384.00 Claims List_ - 6/1812019 Fund Vendor Name Payable Description Payment Amount 40 CAPITAL IMPROVEMENTS TIMBERLAKE CONSTRUCTION CO SIGNAGE $4,806.00 WILLIAMS, SPURGEON, KUHL & PART 11 PROF SERVICES $25.00 WILLIAMS, SPURGEON. KUHL & PART III PROF SERVICES $1,850.00 CIP FIRE STATION #4 -Total $8,065.00 MESHEK & ASSOCIATES, P.L.C. ENGINEERING SERVICES - SP $860.00 CIP SPORTS PARK DIET POND -Total $860.00 CAPITAL IMPROVEMENTS -Total $13,907.12 70 CITY GARAGE CLEAN UNIFORM COMPANY UNIFORM RENTAL FEES $80.42 JPMORGAN CHASE BANK HESSELBEIN -TIRES $1,484.61 JPMORGAN CHASE BANK SUMMIT -PARTS $359.61 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $108.66 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES $139.96 CITY GARAGE -Total $2,173.26 CITY GARAGE -Total $2,173.26 76 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS $7,618.97 WORKERS' COMP SELF -INS -Total $7,618.97 WORKERS' COMP SELF -INS -Total $7,618.97 City Grand Total _ $111.700.81 Claims List 18- 1un•19 Budget Unit Title Vendor Name Payable Description Payment Amount, General Culture &Recreation Neil Hance Fireworks $15.000.00 r..t..i r_.........i $15,000.00 sd REAL Paoplo •REAL CMncbr• REAL GemmunHy TO: The Honorable Mayor and City Council FROM: David Hurst Fire Chief SUBJECT: Cherokee Nation Donation DATE: June 14, 2019 BACKGROUND: On May 13, 2019, the Cherokee Nation donated $3,500 to the City of Owasso Fire Department. The donation is part of the Cherokee Nation's initiative to be good partners within the community by aiding worthwhile causes that provide valuable services to the community and Cherokee Nation citizens. If approved, the donated funding will be utilized to support Fire Department operations. RECOMMENDATION: Staff recommends acceptance of the donation from the Cherokee Nation and approval of a budget amendment increasing estimated revenue in the General Fund by $3,500, and increasing the appropriation for expenditures in the Fire Department budget in the amount of $3,500. s� REALPo" •, 1 Character•REAL Community TO: The Honorable Mayor and City Council FROM: Travis Blundell Assistant Public Works Director SUBJECT: Grant Acceptance Oklahoma Municipal Assurance Group (OMAG) DATE: June 14, 2019 BACKGROUND: In March of 2019, the Wastewater Collection Division contracted with Dukes Root Control Inc. to perform a non- evasive root control program in approximately twelve thousand feet of sanitary sewer line located in the Steed Addition. On June 3, 2019, City staff was contacted by the Oklahoma Municipal Assurance Group (OMAG) that the City is eligible to receive $5,000 through their Sanitary Sewer Root Control Grant to help fund the root control program. Staff completed the application process for the grant and on June 10, 2019, was notified by OMAG that the City had qualified for the $5,000 grant. In order for the City to expend the grant funds a budget amendment is necessary. RECOMMENDATION: Staff recommends acceptance of the Sanitary Sewer Root Control Grant in the amount of $5,000 from the Oklahoma Municipal Assurance Group and approval of a budget amendment in the General Fund increasing the estimated revenue and the appropriation for expenditures by $5,000, sd REAL Peoplo •REAL LharaNer •REAL Community TO: The Honorable Mayor and City Council FROM: Juliann M. Stevens City Clerk SUBJECT: Citizen Request to Address the City Council DATE: June 14, 2019 BACKGROUND: In an email dated May 13, 2019, Gary DePrater requested to address the City Council regarding senior citizens and a senior center. An item has been placed on the June 18, 2019, City Council agenda to accommodate Mr. DePrater's request. s� 0REALP..1'.-nEALCh.,..1.,- REAL CommunLLy TO: The Honorable Mayor and City Council FROM: Teresa Willson Information Technology Director SUBJECT: Resolution 2019 -13, Capital Improvements Project Determination DATE: June 14, 2019 EXECUTIVE SUMMARY: The purpose of this memorandum is to recommend amending the list of projects eligible for the Capital Improvement Fund to include 5k Heart Healthy Trail and the Funtastic Island renovations and Splash Pad. BACKGROUND: The Capital Improvements Committee conducted a public meeting on April 23, 2019, to consider a proposed amendment to the list of eligible Capital Improvement Fund projects. As per the resolution defined procedures, the City Council conducts a public hearing to receive and consider citizen input relevant to the recommendation made by the Capital Improvements Committee. Notice of the public hearing must be made no less than five days prior to the public hearing. At the conclusion of the public hearing, which was held May 21, 2019, the City Council must continue the matter for at least two weeks before taking any action to amend the listing of projects. Any action taken by the City Council to amend the current list of projects must be made by adopting a resolution. On September 5, 2017, the Festival Park was added to the Capital Improvement project list, per resolution 2017 -15. It was anticipated at that time that the Festival Park would be funded partially from excess Vision 2025 funds, and the remainder funded from the Capital Improvement Fund. The City had an opportunity to utilize more excess Vision 2025 funds for the Festival Park project than anticipated by consolidating funding from the 5K Heart Healthy Trail and Feature Splash Pad and moving it to the Festival Park project. The funding change was made because the 5K trail and splash pad were not ready to proceed at the time, and the Festival Park was under construction. As a result, the Festival Park utilized just over $405,000 of Capital Improvement funding, instead of an estimate of approximately $2,000,000. PROJECT INFORMATION: The 5K Heart Healthy trail and Feature Splash Pad are projects originally proposed for excess Vision 2025 funds. In addition to these projects, staff has identified the renovation of the Funtastic Island park, originally constructed in 2005, as an additional project to be included with the proposed splash pad as a joint project in the current location of the Funtastic Island park. Age combined with significant use has taken a toll on the Funtastic Island park. This park was originally a community -built project and was a much needed addition to the northern portion of the city. However, the playground equipment has aged and is in need of a complete overhaul. The existing pieces are obsolete and finding parts to make repairs has become increasingly difficult. The 5K Heart Healthy trail, Funtastic Island renovations and Funtastic Splash Pad have been recommended by the Capital Improvement Committee to utilize the amount of funds that would have been allocated from the Capital Improvement Fund for the Festival Park. The amount for these projects is anticipated to be just under $1,500,000. CURRENT ELIGIBLE PROJECTS: Adopted March 5, 2019, Resolution 2019 -06 designated the following list of projects as eligible for funding from the Capital Improvements Fund: • East 76th Street North Widening Project (Hwy 169 to North 129th East Avenue) • East 76th Street North and Main Street Intersection Improvements • Garnett Road Widening Project (East 96th Street North to East 106th Street North) • Garnett Road Widening (East 1061h Street North to East 1 16th Street North) • East 96th Street North and North 145th East Avenue Intersection Improvements • East 106th Street North and North 1291h East Avenue Intersection Improvements • East 106th Street North and North 145th East Avenue Intersection Improvements • East 1 16th Street North and North 129th East Avenue Intersection Improvements • East 1161h Street North and North 140th East Avenue Intersection Traffic Signal Improvements • Annual Street Rehabilitation Program • Highway 169 East and West Service Roads (East 66th Street North to East 126th Street North) • Central Park / Lakeridge Subdivision Stormwater Improvements • Rayola Park and Elm Creek Tributary 5A Stormwater Improvements • South Sports Park Regional Detention Pond Project • Sports Park • Elm Creek Park Improvements • Main Police Station / City Hall • Vehicle Maintenance Facility • Fire Station Number 4 with Administration and Training Center • Public Safety Vehicles • Festival Park • Fiber Installation Owasso Police Department to Public Works • Land purchase at 11301 North Mingo Road and 10000 East 11611, Street North RECOMMENDATION: Staff recommends approval of Resolution 2019 -13, amending the list of capital improvement projects eligible for funding from the Capital Improvements Fund to include the 5K Heart Healthy Trail and Funtastic Island renovations and Funtastic Splash Pad. ATTACHMENT: Resolution 2019 -13 CITY OF OWASSO, OKLAHOMA RESOLUTION 2019 -13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, AMENDING THE DETERMINATION OF CAPITAL IMPROVEMENT PROJECTS ELIGIBLE FOR FUNDING FROM THE CAPITAL IMPROVEMENTS FUND WHEREAS, on the 14th day of October, 2003, the citizens of the City of Owasso, Oklahoma, approved Ordinance 763, providing for the extension of the third penny sales tax and further, restricting the use of said sales tax generated by such third penny extension to capital projects reviewed by the Capital Improvements Committee and approved by the City Council by resolution; and, WHEREAS, the City Council by previous Resolutions designated the following Capital Improvement projects as eligible for funding from the Capital Improvement Fund: • East 761h Street North Widening Project (Hwy 169 to North 129th East Avenue) • East 76th Street North and Main Street Intersection Improvements • Garnett Road Widening Project (East 96th Street North to East 106th Street North) • Garnett Road Widening (East 106th Street North to East 116th Street North) • East 96th Street North and North 145th East Avenue Intersection Improvements • East 106th Street North and North 129th East Avenue Intersection Improvements East 1061h Street North and North 1451h East Avenue Intersection Improvements • East 1 16th Street North and North 1291h East Avenue Intersection Improvements • East 116th Street North and North 140th East Avenue Intersection Traffic Signal Improvements • Annual Street Rehabilitation Program • Highway 169 East and West Service Roads (East 66th Street North to East 126th Street North) • Central Park / Lakeridge Subdivision Stormwater Improvements • Rayola Park and Elm Creek Tributary 5A Stormwater Improvements • South Sports Park Regional Detention Pond Project • Sports Park • Elm Creek Park Improvements • Main Police Station / City Hall • Vehicle Maintenance Facility • Fire Station Number 4 with Administration and Training Center • Public Safety Vehicles • Festival Park • Fiber Installation Owasso Police Department to Public Works • Land purchase at 11301 North Mingo Road and 10000 East 1 16th Street North WHEREAS, the City Council, after receiving a recommendation from the Capital Improvements Committee and properly notifying the public as required by Resolution 2003 -14, held a Public Hearing on Tuesday, May 21, 2019, to consider projects to be included on the Capital Projects list. Resolution 2019 -13 Page 7 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, that, to -wit: The Capital Improvement Projects list be amended by including as a capital project eligible for funding from the Capital Improvements Fund: 5K Heart Healthy Trail Funtastic Island renovations and Splash Pad DATED this 181h day of June, 2019. Mayor Chris Kelley ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney Resolution 2019 -13 Page 2 of 2 REALP "-•REAL 5--- Commonly TO: The Honorable Mayor and City Council FROM: Brian Dempster Director, Community Development SUBJECT: Purchase of Bi -Fuel Truck for Inspections Division DATE: June 14, 2019 BACKGROUND: The Community Development Department budgeted for a new %-ton bi -fuel pick -up truck to be used by the Building Division for inspections. This truck would replace the 1999 Ford truck currently used by the department. The 1999 truck will remain in service with the Parks Department. VEHICLE DESCRIPTION: Staff proposes the purchase of a new Ford F150 % -ton, regular cab, 4X4, truck equipped for CNG Bi -fuel at Oklahoma State contract pricing. FUNDING: The FY 2018 -2019 Community Development budget includes funding for the purchase of a new CNG Bi -fuel truck. RECOMMENDATION: Staff recommends approval to purchase a 2019 Ford F150 % -ton, regular cab, 4X4 truck equipped for CNG Bi -fuel, in the amount of $38,986 from Bill Knight Ford Fleet and Commercial Center of Tulsa, Oklahoma, utilizing approved Oklahoma Statewide Contract #SW035. ATTACHMENT: Bill Knight Ford Fleet and Commercial Center Bid Quote Fleet and Commercial Center SW035 Category #25101507 Item # 1000009422 Dealer Name: Bill Knight Ford Make: Ford NEW: NGV %Ton Regular Cab Model F1C April 26, 2019 Hello Mike, We are pleased to offer for your consideration one (1) new 2019 F150 Reg/Cab 4wd 8'bed w/ 2 -14 "X 32" mouhted underbody Bi -Fuel tanks total 10gge & 23 gallon fuel tank. Please see below for your Contract Pricing. Base Price FIC 2WD $33,685.00 Add 141 "wb 8'bed 291.00 Add FIE /413 4WD 2,985.00 Add 413 Skid plates 128.00 Add XL3 3.31 Elock axle 387.00 Add 18b.running boards 231.00 Add 52p am /fm /4.2" LCD display/tJSB port/SYNC 399.00 Add 53b Hitch[Wire Receiver 95.00 Add 4- LED insert Red /Blue& AmberMhite strobe lights 785.00 Total price $38,986.00 Order lead time: 18 WEEKS Greg Herring j Bill Knight Ford Fleet Center (918) 526.2392 direct line 9625 South Memorial Drive Tulsa, Oklahoma 74133.6197 Phone: 918- 526 -2397 • Fax: 918 -526 -2395 Bill KnIC ht Ford Fleet Center 9625 S. emorial Drive, Tulsa, Oklahoma, 74133 Office: 918- 526 -2397 Fax: 918- 526 -2395 Selected Equipment & Specs Dimensions • Exterior length: 227.9" • Exterior height: 76.9" • Turning radius: 23.1' • Max ground clearance: 10.3" • Front headroom: 40.8" • Front shoulder room: 66.7" • Approach angle: 25.7 deg • Maximum cargo volume: 12.1cu.ft. Powertrain • 395hp 5.01- DOHC 32 valve V -8 engine with TINCT variable valve control, variable intake length, port/direct injection • Recommended fuel: regular unleaded • 10 speed automatic transmission with overdrive • Fuel Economy City: 16 mpg • Capless fuel filler 2019 F -150, Regular Cab Styleside 4x4 Regular Cab Styleside 8' box 141" WB XL(F 1 E� Price Level: 95 • Exterior width: 79.9" • Wheelbase: 141.0" • Min ground clearance: 9.4" • Front legroom: 43.9" • Front hiproom: 62.5" • Passenger volume: 64.6cu.ft.. • Departure angle: 26.8 deg • Box length: 96.0" * Auto stop -start feature • LEV3- ULEV125 • Part-time • Fuel Economy Highway: 22 mpg Suspension /Handling • Front Independent double wishbone suspension with * Rear rigid axle leaf spring suspension with gas - anti -roll bar, gas - pressurized shocks pressurized shocks • Speed- sensing electric power - assist rack - pinion * Front and rear 17 x 7.5 silver steel wheels Steering • P265 /70SR17 OWL AT front and rear tires Body Exterior * 2 doors • Black door mirrors • Running boards • Bed -rail protectors • Easy lower tailgate • Box style: regular • Front and rear 17 x 7.5 wheels Convenience • Manual air conditioning • Power front windows • Driver and passenger 1 -touch down • Manual tilt steering wheel • Day -night rearview mirror • Wireless phone connectivity • 2 1st row LCD monitors • Passenger visor mirror Seats and Trim • Seating capacity of 3 • 4 -way driver seat adjustment • Centre front armrest • Driver and passenger power remote, manual folding door mirrors • Black bumpers • Class IV trailer hitch with trailer sway control • Easy lift tailgate • Trailer harness • Ciearcoat paint • 2 front tow hook(s) • Cruise control with steering wheel controls • Driver and passenger 1 -touch up • Remote power door locks with 2 stage unlock and illuminated entry • Manual telescopic steering wheel . • 911 Assist emergency SOS • AppLink smart device integration • Front cupholders • Driver and passenger door bins • Front 40 -20 -40 split -bench seat • 4 -way passenger seat adjustment • Cloth seat upholstery Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current information. Prepared by: Greg Herring Date: 05(2212019 1 Aw Bill Knit Ford Fleet Center 9625 S. Memorial Drive, Tulsa, Oklahoma, 74133 Office: 918- 526 -2397 Fax: 918 - 526 -2395 2019 F -150, Regular Cab Styleside 4x4 Regular Cab Styleside 8' box 141" WB XL(F1E� Price Level: 95 Selected Equipment & Specs (cont'd) _... Entertainment Features... -- - -- - - -._.. - - - - -. *. AM /FM stereo radio * SYNC external memory control * Steering wheel mounted radio controls * 4 speakers * Streaming audio * Fixed antenna Lighting, Visibility and Instrumentation • Halogen aero- composite headlights • Fully automatic headlights • Light tinted windows • Voltmeter • Compass • Camera(s) - rear • Trip computer Safety and Security • 4 -wheel ABS brakes • Electric parking brake • Electronic stability control • Dual front impact- pjrbag supplemental restraint system • Safety Canopy System curtain 1st row overhead airbag supplemental restraint system • Remote activated perimeter/approach lighting • Security system with Securil-ock immobilizer • Manually adjustable front head restraints Dimensions General Weights Curb. . 4,576 lbs. Payload. .... 2,320 lbs. Front Weights Front GAWR.. ....... 3,375 lbs. Front axle capacity ........ __... 3,750 lbs. Front tire /wheel capacity 3,650 lbs. Rear Weights RearGAWR... ... ..... 3',800 lbs. Rear axle capacity— .......... 4,800 lbs. Rear tire/wheel capacity .. ... 4,050 lbs. Trailering Type Type... Regular Class IV Trailer sway control.. ...... Yes General Trailering Towing capacity . .... ... 7000 lbs. Fuel Tank type Capacity .... ... ........... ..23.01 gal. may vary from this estimate salesperson for the most cu • Delay -off headlights • Variable intermittent front windshield wipers • Tachometer • Oil pressure gauge • Outside temperature display • Low tire pressure warning • Trip odometer • Brake assist with hill hold control • 4 -wheel disc brakes • ABS and driveline traction control • Dual seat mounted side impact airbag supplemental restraint system • Airbag supplemental restraint system occupancy sensor • Power remote door locks with 2 stage unlock and ppanic alarm • MyKey restricted driving mode • Automatic Emergency Braking Feature GVWR. .. 6,950.Ibs. Front curb weight . 2,821 lbs. Front spring rating . 3,375 lbs. Rear curb weight . .. -. .1,755 lbs. Rear spring rating. ............. 3, 800 lbs. Harness ..... .. .. Yes Hitch .. Yes GCWR . 121001 bs. Capless fuel filler... _....... Yes lid be treated as or pricing adjust See Prepared by: Greg Herring Date: 05/2212019 2 Bill Knight Ford Fleet Center 9625 S. Memorial Drive, Tulsa, Oklahoma, 74133 Office: 918- 526 -2397 Fax: 918 - 526 -2395 Selected Equipment & Specs (cont'd) 0T -.-.t Approach angle .. . ... 26 deg Ramp breakover angle .. 22 deg Max ground clearance . .................10 " Exterior cargo . Aluminum Length . .. ................. . ... 96.0 „ Volume .. .... 77.4 cu.tf. Maximum width ... 65.2 " Interior cargo Ti -VCT Maximum cargo volume .......... .. 12.1 cu.ft. Powertrain 27 deg Engine Type 9.. Block material .. ............ ..._.Aluminum Head material .. . . Aluminum Injection .... Port /direct injection Orientation. .. ............. Longitudinal Valves per cylinder 4 Variable valve control Ti -VCT Engine Spec Bore 3.63" Displacement. 302 cu.in. Engine Power SAEJ1349 AUG2004 compliant . Yes Torque ...... ..... 400 ft. -lb @ 4,500 RPM Alternator Amps. 200 Battery Amp hours 70 Run down protection ..... .. ... Yes Engine Extras Auto stop -start feature ..... ... ..... Yes Transmission Electronic control Yes Overdrive .. Yes Type .. .. .. ..... .. Automatic Transmission Gear Ratios 1st ... .. ..... 4.696 3rd ................... ......... . 2.146 5th .... ... 1.52 7th ....... 1 9th... .... .. .. ...... 0.689 Reverse Gear ratios 4.866 Transmission Extras Prices and content avoilabili may vary from this estimate salesperson for the most cu Prepared by: Greg Herring Date: 0 512 212 019 2019 F -150, Regular Cab Styleside 4x4 Regular Cab Styleside 8' box 141" WB XL(F1 E� Price Level: 95 Departure angle . 27 deg Min ground clearance 9.. Load floor height.. .. ...... .. .. 3611 Minimum width. .. ........... 50.6 " Pickup box depth 21.4 " Tailgate width 60 -3 " Cylinders...... .. .. .. ........1. V -8 Ignition . Spark Liters 5.OL Recommended fuel......... Regular unleaded Valvetrain . DOHC Compression ratio. 12.0:1 Stroke. 3.65" Output .. ... 395 HP @ 5,750 RPM Cold cranking amps ... 610 Lock-up. Yes Speed .. ... 10 2nd .. 2 -985 4th.-, .. ..... 1.769 6th 1.275 8th 0.854 10th .......... .... ....... .. ....0.616 3 Bill Knight Ford Fleet Center 9625 S. Memorial Drive, Tulsa, Oklahoma, 74133 Office: 918 - 526 -2397 Fax: 918- 526 -2395 2019 F -150, Regular Cab Styleside 4x4 Regular Cab Styleside 8' box 141" WB XL(F1 E� Price Level: 95 Selected Equipment & Specs ( cont'd) Driver selectable mode. Yes Sequential shift control . SelectShift Drive Type 4wd type .. Part-time Type ... Four -wheel Drive Feature Traction control ..ABS and driveline Locking hub control ... .. .. ...... .. Auto Transfer case shift. ... Electronic Rear locking differential. ..... Driver selectable Drive Axle Ratio 3.31 Exhaust Material ... ... Stainless steel System type .. - . Single Emissions GARB .. ................LEV3- ULEV125 EPA .. .... ... Tier 2 Bin 4 fuel Economy City. .. .16 mpg Highway .... 22 mpg Fuel type....... Gasoline Combined ... ... ... ........... 18 mpg Fuel Economy (Alternate 1) city 13 mpg Highway .. 17 mpg Fuel type ... E85 Combined 15 mpg Green Values Energy Impact Score (Barrels per year) . 18.3 Carbon FP / Tailpipe and upstream total GHG (CO2, tons per year) . .. 9.8 Energy Impact Score (Barrels per year) 5.0 Driveability Brakes ABS 4 -wheel ABS channels. ... . . .. 4 Type . 4 -wheel disc vented discs. ..................Front and rear Electric parking brake ... ... .. Yes Brake Assistance Brake assist - ... .... .... . Yes Hill hold control ......... . .. _ ..... .... Yes Suspension Control Ride Regular Electronic stability control . Stability control with anti -roll Front Suspension Independence.......... Independent Type .... ...Double wishbone Anti -roll bar ......... .... .. .. Regular Front Spring Type .... Coil Grade .. Regular Front Shocks Type _ Gas- pressurized Rear Suspension Independence. ............ ... Rigid axle Type ..... Leaf ruws anu wmem avanamnty as snown are subject to change and should be treated as estimates only. Actual bs may vary from this estimate because of speclat [oral pricing, availability or pricing adjustments not reflected in the salesperson for the most current information. Prepared by: Greg Herring Date: 0 5/2 212 019 4 Bill Knight Ford Fleet Center oim 9625 S. Memorial Drive, Tulsa, Oklahoma, 74133 Office: 918 - 526 -2397 Fax: 918-526-2395 Selected Equipment & Specs (cont'd) Rear Spring Type Leaf Rear Shocks Type . Gas- pressurized Steering Speed - sensing . .. Yes Type.. Rack- pinion Steering Specs # of wheels. 2 Exterior Front Wheels Diameter............ _ ... 17" Rear Wheels Diameter .. 17" Spare Wheels Wheel material . _ ..... . .. Steel Front and Rear Wheels Appearance . _ Silver Covers Hub Front Tires Aspect 70 Sidewalls . OWL Tread AT Width .. .265mm Rear Tires Aspect. .. ..... .. 70 Sidewalls .. .. OWL Tread ... AT Width .. 265mm Spare Tire Mount Underbodyw /crankdown Wheels Turning radius.. 23.1' Body Features Running boards . . Yes Body material Aluminum Active grille shutters. Yes Body Doors Door count .' .... ..... ..... ... ... ...2 Pickup Box style ... .... Regular may Vary from this estimate because of 5pecisl I salesperson for the most current information. Prepared by: Greg Herring Date: 0512212019 2019 F -150, Regular Cab Styleside 4x4 Regular Cab Styleside 8' box 141" WB XL(F1 Price Level: 95 Grade... . Activation .. ... Regular Electric power- assist Width. . .:.... ....... ........ .. 7.50„ PJII:QA� Material ►7F'ii Steel Diameter. .17" Speed. ... ...... S Type P Diameter.... ...... ...... .17" Speed. S Type............. ........ P Type . .. . . .. .. Full -size Wheelbase .. .. ..... 141.0" - Skid plate(s) ...... ......... ...... ... 3 Side impact beams Yes Front tow hook(s) . 2 Rear cargo ..... . ............. ..Tailgate Bed -rail protectors ..Yes e and should be treated as estimates only. Actual base vehicle, package and option pricing availability or pricing adjustments not reflected in the dealer's computer system. See 5 Bill Knight Ford Fleet Center 9625 S. Memorial Drive, Tulsa, Oklahoma, 74133 Office: 918- 526 -2397 Fax: 918 -526 -2395 Selected Equipment & Specs (cont`d) Easy lift tailgate Yes Exterior Dimensions Length ... 227.9„ Body height. . . ... .. .. .. . .. 76.9" Frame yield strength (psi)...... ...... 49300.0 Safety Airbags Driver front - impact Yes Occupancy sensor.... .. Yes Passenger front- impact .. . . .... .. .... Yes Seatbelt Height adjustable . . ... Front Pre - tensioners ( #) .2 Security 40 -20 -40 Immobilizer........... .. .. SecuriLock Restricted driving mode MyKey Seating Passenger Capacity Capacity 3 Front Seats split .. _ .... .. 40 -20 -40 Driver Seat Fore /aft ..... .. Manual Way direction control.,. .. ..... ..... .4 Passengerseat Fore /aft .. Manual Way direction control. 4 Front Head Restraint Control ....... ..... Manual Front Armrest Centre ... .. ............... Yes Front Seat Trim Material .. cloth Convenience AC And Heat Type Air conditioning ..... .. .........Manual Audio System Radio AM /FM stereo Seek -scan ................. .. .. .... Yes may vary from.this estimate bemuse of special focal pricing, avallabllity or salesperson for the most current Information. Prepared by: Greg Herring Date: 0512PJ2019 2019 F -150, Regular Cab Styleside 4x4 Regular Cab Styleside 8' box 141" WB XL(F1 E� Price Level: 95 Easy lower tailgate . ... .. . .. ..... Yes Body width .. 79.9" Frame section modulus .. ... 5.Ocu.1n. Front bumper to Front axle ... ..... .... 37.8" Driver side-impact ... Seat mounted Overhead . Safety Canopy System curtain 1st row Passenger side-impact ....... .Seat mounted Pre - tensioners Front Panic alarm . .. .. ................. Yes Type.. ..... Reclining Reclining Split -bench Manual . Manual Type. .. ... ............. . Adjustable Back material ..... Carpet Radio grade . ..Regular External memory control .. ...... ... SYNC See 1 Bill Kni ht Ford Fleet Center 9625 S. emonal Drive, Tulsa, Oklahoma, 74133 Office: 918- 526 -2397 Fax: 918- 526 -2395 Selected Equipment & Specs (contrd) Audio Speakers Yes Speaker type. . ... Regular Audio Controls Yes Steering wheel controls Yes Streaming audio . ..... Bluetooth yes Audio Antenna Type. ..... ... ................ Fixed LCD Monitors 1st row. 2 Cruise Control Cruise control .. With steering wheel controls Convenience Features Retained accessory power ................ Yes Emergency SOS . .. . . . 911 Assist Smart device integration, App link Door Lock Activation Type .. .. Power with 2 stage unlock Integrated keytremote Yes Door Lock Type Tailgatelrear door lock Included with power door locks Instrumentation Type Display Analog Instrumentation Gauges Tachometer. Yes Engine temperature... . ..... .. . . ..Yes Inclinometer Yes Instrumentation Warnings Oil pressure... .. .. . . Yes Battery . ........ Yes Key, Yes Lighting malfunction ... .. _ . . . ....... Yes Service interval .. ... . . .. ....... Yes Low tire pressure Tire specific Instrumentation Displays Clock. .. In -radio display Exterior temp ..................... .,Yes Redundant digital speedometer . . Yes Instrumentation Feature Trip computer ... .. ................. Yes Forward collision Mitigation Steering Wheel Type Material. Urethane availability, as shown are sul islimale because of special most current Information. 2019 F -150, Regular Cab Styleside 4x4 Regular Cab Styleside 8' box 141" WB XL(F1 E� Price Level: 95 Speakers. . 4 Voice activation Yes Primary monitor size (inches). 4.2 12V DC power outlet .. ... .... .2 Wireless phone connectivity ... ...... Bluetooth Remote. Keyfob (all doors) Auto locking .. Yes Oil pressure Yes Voltmeter....... Yes Transmission fluid temp. Yes Engine temperature. ... Yes Lights on Yes Low fuel Yes Door ajar . . . ... ..... .. ... . ...... Yes Brake fluid.... _ _. . . Yes Compass Yes Systems monitor ... . ..... . ... .. ...Yes Camera(s)-rear ... .. Yes Trip odometer ..... . . . . . ........ Yes Tilting . Manual !o change and should be treated as estimates only. Actual base vehicle, package and option pricing, availability or pricing adjustments not reflected In the dealer's computer system. See Prepared by: Greg Herring pate: 05122/2019 7 Bill Knight Ford Fleet Center 9625 S. Memorial Drive, Tulsa, Oklahoma, 74133 Office: 918- 526 -2397 Fax: 918- 526 -2395 Selected Equipment & Specs (cont'd) Telescoping ..... Manual Front Side Windows Window 1st row activation Power Window Features 1 -touch down... .. .. Driver and passenger Tinted ............. .. ..... ..... Light Front Windshield Full Wiper ... .. Variable intermittent Rear Windshield Full Window . Fixed Interior Passenger Visor Mirror. Yes Rear View Mirror Day -night .. .... ........ .... Yes Headliner Coverage.. Full Floor Trim Coverage .. Full Trim Feature Gearshift knob . . Urethane Interior accents ....... .. ........ Chrome Lighting Dome light type .. .. Fade Variable IP lighting Yes Storage Driver door bin ........ ... ... .. .... Yes Glove box .... .... Yes Instrument panel. .... ... .. ........ ... . . Bin Legroom Front .. :... 43.9" Headroom Front 40.8" Hip Room Front .62.5" Shoulder Room Front ...... ..... - .. 66.7" Interior Volume Passenger volume. . 64.6 cuff Prices and content avallabllity as shown are may vary from this estimate because of spec salesperson for the most current information Prepared by: Greg Herring Date: 0512212019 or 2019 F450, Regular Cab Styleside 4x4 Regular Cab Styleside 8' box 141" WB XL(F1 E� Price Level: 95 1-touch up Material Covering .... Driver and passenger Cloth ..Vinyl /rubber Cabback insulator.. Yes Illuminated entry Yes Front Beverage holder(s) .... .... .. Yes Passenger door bin.. Yes Dashboard .. ....... ............... Yes L, Bill Knight Ford Fleet Center 2019 F -150, Regular Cab Styleside 9625S. Memorial Drive, Tulsa, Oklahoma, 74133 4x4 Regular Cab Styleside 8' box 141" WB Office: 918- 526 -2397 XL(F1 E� Fax: 918 - 526 -2395 Price Level: 95 Performance (cont'd) Light Duty GVW Totals 1 Payload - (Payload) 0 lbs 'Occupants Weight ......... . . .... ... .. . .. .450 lbs Curb Weight (as configured) 4,576 lbs TOTAL 5,026 lbs GVWR 6,950 lbs GCW Totals Adjusted Truck GVW ............ .... .... ... 5,026 lbs Weight of trailer 0 lbs Weight of trailer cargo 0 lbs Total Weight of trailer 0 lbs TOTAL. .. .. ... ..... .. ... .. .. ........ .. . ....... 5,026lbs GCWR 12,100 lbs Highway use only. Ford Motor Company recommends that a separate, functional brake system he used on any towed vehicle or trailer may vary from this salesperson far the tea as estimates adjustments not Prepared by: Greg Herring Date: 05122/2019 11 Bill Knight Ford Fleet Center 2019 F -150, Regular Cab Styleside 9625 S. Memorial Drive, Tulsa, Oklahoma, 74133 4x4 Regular Cab Styleside 8' box 141" WB Office: 918 - 526 -2397 XL(F1 E� Fax: 918- 526 -2395 Price Level: 95 Warranty - Selected Equipment & Specs Warranty 36 months Basic 60 months Distance . ..... .36,000 miles Powertrain 60 months Distance ........ .. .. .. .60,000 miles Corrosion Perforation Distance ...... ... .. ......Unlimited miles Roadside Assistance Distance ... . 60,000 miles Prices and content availability as shown are subj may vary from this estimate because of special It salesperson for the most current Information. Prepared by: Greg Herring Date: 0 512 212 01 9 as Months 36 months Months .... ....... 60 months Months ..... ..... ...... .... 60 months Months 60 months In the dealer's computer system. See P sd REAL People • REAL Character REAL Commun{9r TO: The Honorable Mayor and City Council FROM: Jennifer Newman, Assistant Finance Director SUBJECT: Contract for Auditing Services DATE: June 14, 2019 BACKGROUND: The City Charter and state statutes require that an independent accountant perform an audit of the City's finances annually. In April 2006, the City accepted proposals for auditing services from public accounting firms. The proposal from Cole and Reed, P.C. was selected, and the City contracted with them to perform auditing services until 2014. On December 1, 2014, Cole and Reed, P.C. merged with McGladrey, LLP (now doing business as RSM, LLP) a large, national accounting firm with governmental expertise and nearly 8,000 professional staff. Because the Cole and Reed Partner -in- Charge, Manager, and Senior accountant for the City of Owasso audit engagement, all transitioned to RSM, LLP, the Audit Committee and City staff supported continuing the contract with RSM, LLP as negotiated with Cole and Reed, P.C. contingent upon rotation of the Partner -in- Charge. The Owasso Audit Committee met on April 17, 2017, and discussed the performance of RSM, LLP. After considering auditor expertise, contract expense, and staff time, the Audit Committee recommended the Council enter in to a three -year extension of the contract for auditing services with RSM, LLP. In addition, the Owasso Audit Committee met on January 15, 2019, and had consensus to complete the third year of the contract with RSM, LLP. As outlined by the 2017 three -year proposal, the Fiscal Year 2019 base fee of $52,500 for RSM, LLP auditing services related to the City and its Trust Authorities is $1,000 higher than the Fiscal Year 2018 contract. Federal grant audits, if required under the Single Audit Act, would continue to be billed at $3,000 each. RECOMMENDATION: Staff recommends approval of a contract for auditing services with RSM, LLP, of Oklahoma City, Oklahoma, for the fiscal year ending June 30, 2019. ATTACHMENT: RSM, LLP Audit Arrangement letter June 5, 2019 Mr. Warren Lehr, City Manager Mr. Chris Garrett, Assistant City Manager Ms. Linda Jones, Finance Director City of Owasso 200 South Main Owasso, OK 74055 Attention: Audit Committee ■ =� RSM RSM US LLP 210 Park Avenue Suite 1725 Oklahoma City, OK 73102 T +1405 239 7961 F +1405 235 0042 www.rsmus.com The Objective and Scope of the Audit of the Financial Statements You have requested that we audit City of Owasso's (the City) governmental activities, business -type activities, aggregate discretely presented component units, each major fund and aggregate remaining fund information as of and for the year ending June 30, 2019, which collectively comprise the basic financial statements. We are pleased to confirm our acceptance and our understanding of this audit engagement by means of this letter. Our audit will be conducted with the objective of our expressing an opinion on the financial statements. We will also report on whether certain supplemental information (the budgetary comparison schedules for the General Fund, Half Penny Fund, Vision Recapture Fund, Capital Improvement Fund, and Special Revenue Funds, combining financial statements, and the schedule of expenditures of federal awards) is fairly stated in all material respects in relation to the financial statements as a whole. The accounting principles generally accepted in the United States of America require that the management's discussion and analysis, the General Fund budgetary comparison schedule, the schedule of the City's proportionate share of the net pension liability, and the schedule of the City's contributions to the Oklahoma Police Pension and Retirement System and the Oklahoma Firefighter's Pension and Retirement System be presented to supplement the basic financial statements. We will apply certain limited procedures to this required supplementary information, but will not express an opinion or provide any assurance on this information. The Responsibilities of the Auditor We will conduct our audit in accordance with auditing standards generally accepted in the United States of America (GAAS) and Government Auditing Standards issued by the Comptroller General of the United States (GAS). Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. THE POWER OF BEING UNDERSTOOD AUDIT I TAX I CONSULTING RSM US LlP is the U.S.Meo a firm of RSML,tmational a glohelnohork of Independent aMlt,tax,andmnsJtmgfirms. Msil rsmus.com /aboutus fornarenlorma [ion regardnggSM US LLpand RSM lnternatlonaL Mr. Warren Lehr, City Manager City of Owasso June 5, 2019 Page 2 Because of the inherent limitations of an audit, together with the inherent limitations of internal control, an unavoidable risk that some material misstatements may not be detected exists, even though the audit is properly planned and performed in accordance with GAAS. Also, an audit is not designed to detect errors or fraud that are immaterial to the financial statements. The determination of abuse is subjective; therefore, GAS does not expect us to provide reasonable assurance of detecting abuse. In making our risk assessments, we consider internal control relevant to the City's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. However, we will communicate to you in writing concerning any significant deficiencies or material weaknesses in internal control relevant to the audit of the financial statements that we have identified during the audit. We will also communicate to the Audit Committee (a) any fraud involving senior management and fraud (whether caused by senior management or other employees) that causes a material misstatement of the financial statements that becomes known to us during the audit, and (b) any instances of noncompliance with laws and regulations that we become aware of during the audit (unless they are clearly inconsequential). The major funds and opinion units that you have told us are maintained by the City and that are to be included as part of our audit are listed here: 1. General Fund 2. Half -Penny Sales Tax Fund 3. Vision Recapture Tax Fund 4. Capital Improvement Fund 5. Owasso Public Works Authority 6. Owasso Public Golf Authority 7. Other Governmental Funds -12 8. Internal Service Funds -4 9. Component Unit -1 The component unit whose financial statements you have told us are to be included as part of the City's basic financial statements is the Owasso Economic Development Authority. There are no component units whose financial statements you have told us will be omitted from the basic financial statements. We are responsible for the compliance audit of major programs under the Uniform Guidance, including the determination of major programs, the consideration of internal control over compliance, and reporting responsibilities. Our report(s) on internal control will include any significant deficiencies and material weaknesses in controls of which we become aware as a result of obtaining an understanding of internal control and performing tests of internal control consistent with requirements of the standards and regulations identified above. Our report(s) on compliance matters will address material errors, fraud, abuse, violations of compliance obligations, and other responsibilities imposed by state and federal statutes and regulations or assumed by contracts; and any state or federal grant, entitlement or loan program questioned costs of which we become aware, consistent with requirements of the standards and regulations identified above. Mr. Warren Lehr, City Manager City of Owasso June 5, 2019 Page 3 The Responsibilities of Management and Identification of the Applicable Financial Reporting Framework Our audit will be conducted on the basis that management and, when appropriate, those charged with governance acknowledges and understands that they have responsibility: 1. For the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America; 2. To evaluate subsequent events through the date the financial statements are issued or available to be issued, and to disclose the date through which subsequent events were evaluated in the financial statements. Management also agrees that it will not conclude on subsequent events earlier than the date of the management representation letter referred to below; 3. For the design, implementation and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error; 4. For establishing and maintaining effective internal control over financial reporting, and for informing us of all significant deficiencies and material weaknesses in the design or operation of such controls of which it has knowledge; 5. For report distribution; and 6. To provide us with: a. Access to all information of which management is aware that is relevant to the preparation and fair presentation of the financial statements such as records, documentation and other matters; b. Additional information that we may request from management for the purpose of the audit, and c. Unrestricted access to persons within the entity from whom we determine it necessary to obtain audit evidence; As part of our audit process, we will request from management and, when appropriate, those charged with governance written confirmation concerning representations made to us in connection with the audit, including among other items: 1. That management has fulfilled its responsibilities as set out in the terms of this letter; and 2. That it believes the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. Management is responsible for identifying and ensuring that the City complies with the laws and regulations applicable to its activities, and for informing us about all known material violations of such laws or regulations. In addition, management is responsible for the design and implementation of programs and controls to prevent and detect fraud or abuse, and for informing us about all known or suspected fraud or abuse affecting the entity involving management, employees who have significant roles in internal control, and others where the fraud or abuse could have a material effect on the financial statements or compliance. Management is also responsible for informing us of its knowledge of any allegations of fraud or abuse, or suspected fraud or abuse, affecting the entity received in communications from employees, former employees, analysts, regulators or others. Mr. Warren Lehr, City Manager City of Owasso June 5, 2019 Page 4 Management is responsible for the preparation of the required supplementary information (RSI) and supplementary information presented in relation to the financial statements as a whole in accordance with accounting principles generally accepted in the United States of America. Management agrees to include the auditor's report on the RSI and supplementary information in any document that contains the supplementary information and indicates that the auditor has reported on such RSI and supplementary information. Management also agrees to present the supplementary information with the audited financial statements or, if the supplementary information will not be presented with audited financial statements, to make the audited financial statements readily available to the intended users of the supplementary information no later than the date of issuance of the supplementary information and the auditor's report thereon. The Audit Committee is responsible for informing us of its views about the risks of fraud or abuse within the entity, and its knowledge of any fraud or abuse or suspected fraud or abuse affecting the entity. Our association with an official statement is a matter for which separate arrangements will be necessary. City of Owasso agrees to provide us with printer's proofs or masters of such offering documents for our review and approval before printing, and with a copy of the final reproduced material for our approval before it is distributed. In the event our auditor /client relationship has been terminated when City of Owasso seeks such consent, we will be under no obligation to grant such consent or approval. City of Owasso agrees that it will not associate us with any public or private securities offering without first obtaining our consent. Therefore, City of Owasso agrees to contact us before it includes our reports, or otherwise makes reference to us, in any public or private securities offering. Because RSM US LLP will rely on City of Owasso and its management and Audit Committee to discharge the foregoing responsibilities, City of Owasso holds harmless and releases RSM US LLP and its partners and employees from all claims, liabilities, losses and costs arising in circumstances where there has been a knowing misrepresentation by a member of City of Owasso's management that has caused, in any respect, RSM US LLP's breach of contract or negligence. This provision shall survive the termination of this arrangement for services. Records and Assistance If circumstances arise relating to the condition of the City's records, the availability of appropriate audit evidence or indications of a significant risk of material misstatement of the financial statements because of error, fraudulent financial reporting or misappropriation of assets which, in our professional judgment, prevent us from completing the audit or forming an opinion, we retain the unilateral right to take any course of action permitted by professional standards, including declining to express an opinion or issue a report, or withdrawing from the engagement. During the course of our engagement, we may accumulate records containing data that should be reflected in the City's books and records. The City will determine that all such data, if necessary, will be so reflected. Accordingly, the City will not expect us to maintain copies of such records in our possession The assistance to be supplied by City personnel, including the preparation of schedules and analyses of accounts, has been discussed and coordinated with Linda Jones, Finance Director. The timely and accurate completion of this work is an essential condition to our completion of the audit and issuance of our audit report. Other Relevant Information RSM US LLP may mention the City's name and provide a general description of the engagement in RSM US LLP's client lists and marketing materials. Mr. Warren Lehr, City Manager City of Owasso June 5, 2019 Page 5 From time to time and depending upon the circumstances, we may use third -party service providers to assist us in providing professional services to you. In such circumstances, it may be necessary for us to disclose confidential client information to them. We enter into confidentiality agreements with all third - party service providers and we are satisfied that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In addition, we may utilize financial information you have provided to us in connection with this engagement for purposes of creating benchmarking data to be used by RSM US LLP professionals and other clients. This benchmarking data is aggregated with data from a minimum of five other entities so that users of the data are unable to associate the data with any single entity in the database. In accordance with GAS, a copy of our most recent peer review report is enclosed for your information. Fees, Costs, and Access to Workpapers Our fees for the services described above are based upon the value of the services performed and the time required by the individuals assigned to the engagement plus directly billed expenses, including report processing, travel, meals, and fees for services from other professionals, as well as a charge of 5 percent of fees for all other expenses, including indirect administrative expenses such as technology, research and library databases, communications, photocopying, postage and clerical assistance. Our fee estimate and completion of our work are based upon the following criteria: 1. Anticipated cooperation from City personnel 2. Timely responses to our inquiries 3. Timely completion and delivery of client assistance requests 4. Timely communication of all significant accounting and financial reporting matters 5. The assumption that unexpected circumstances will not be encountered during the engagement If any of the aforementioned criteria are not met, then fees may increase. Interim billings will be submitted as work progresses and as expenses are incurred. Billings are due upon submission. Our fee for the services described in this letter are as follows: 1. Audit of financial statements $52,500 2. Uniform Grant Guidance audit requirements, only if required $3,000 per major Federal program Note that the fees related to the Uniform Grant Guidance audit requirements are only billed on an "if performed /if required" basis. When an engagement has been suspended at the request of management or those charged with governance and work on that engagement has not recommenced within 120 days of the request to suspend our work, RSM US LLP may, at its sole discretion, terminate this arrangement letter without further obligation to City of Owasso. Resumption of audit work following termination may be subject to our client acceptance procedures and, if resumed, will necessitate additional procedures not contemplated in this arrangement letter. Accordingly, the scope, timing and fee arrangement discussed in this arrangement letter will no longer apply. In order for RSM US LLP to recommence work, a new arrangement letter would need to be mutually agreed upon and executed. Mr. Warren Lehr, City Manager City of Owasso June 5, 2019 Page 6 Our professional standards require that we perform certain additional procedures, on current and previous years' engagements, whenever a partner or professional employee leaves the firm and is subsequently employed by or associated with a client in a key position. Accordingly, the City agrees it will compensate RSM US LLP for any additional costs incurred as a result of the City's employment of a partner or professional employee of RSM US LLP. The audit documentation for this engagement is the property of RSM US LLP and constitutes confidential information. Review of audit documentation by a successor auditor or as part of due diligence will be agreed to accounted for and billed separately. In the event we are requested or authorized by City of Owasso or are required by government regulation, subpoena or other legal process to produce our documents or our personnel as witnesses with respect to our engagement for City of Owasso, City of Owasso will, so long as we are not a party to the proceeding in which the information is sought, reimburse us for our professional time and expenses, as well as the fees and expenses of our counsel, incurred in responding to such requests. The documentation for this engagement is the property of RSM US LLP. However, you acknowledge and grant your assent that representatives of the cognizant or oversight agency or their designee, other government audit staffs, and the U.S. Government Accountability Office shall have access to the audit documentation upon their request and that we shall maintain the audit documentation for a period of at least three years after the date of the report, or for a longer period if we are requested to do so by the cognizant or oversight agency. Access to requested documentation will be provided under the supervision of RSM US LLP audit personnel and at a location designated by our firm. You have informed us that you intend to prepare a comprehensive annual financial report (CAFR) and submit it for evaluation by the Government Finance Officers Association's Certificate of Achievement for Excellence in Financial Reporting. Our association with the CAFR is to consist of technical review. We will not express an opinion on the introductory and statistical sections of the CAFR. Claim Resolution City of Owasso and RSM US LLP agree that no claim arising out of services rendered pursuant to this arrangement letter shall be filed more than the earlier of two years after the date of the audit report issued by RSM US LLP or the date of this arrangement letter if no report has been issued. In no event shall either party be liable to the other for claims of punitive, consequential, special, or indirect damages. RSM US LLP's liability for all claims, damages and costs of City of Owasso arising from this engagement is limited to the amount of fees paid by City of Owasso to RSM US LLP for the services rendered under this arrangement letter. Information Security - Miscellaneous Terms RSM US LLP is committed to the safe and confidential treatment of City of Owasso's proprietary information. RSM US LLP is required to maintain the confidential treatment of client information in accordance with relevant industry professional standards which govern the provision of services described herein. City of Owasso agrees that it will not provide RSM US LLP with any unencrypted electronic confidential or proprietary information, and the parties agree to utilize commercially reasonable measures to maintain the confidentiality of City of Owasso's information, including the use of collaborate sites to ensure the safe transfer of data between the parties. Mr. Warren Lehr, City Manager City of Owasso June 5, 2019 Page 7 RSM US LLP may terminate this relationship immediately in its sole discretion if RSM US LLP determines that continued performance would result in a violation of law, regulatory requirements, applicable professional standards or RSM US LLP's client acceptance or retention standards, or if City of Owasso is placed on a verified sanctioned entity list or if any director or executive of, or other person closely associated with, City of Owasso or its affiliates is placed on a verified sanctioned person list, in each case, including but not limited to lists promulgated by the Office of Foreign Assets Control of the U.S. Department of the Treasury, the U.S. State Department, the United Nations Security Council, the European Union or any other relevant sanctioning authority. If any term or provision of this arrangement letter is determined to be invalid or unenforceable, such term or provision will be deemed stricken and all other terms and provisions will remain in full force and effect. Reporting We will issue a written report upon completion of our audit of City of Owasso's financial statements. Our report will be addressed to the Audit Committee of City of Owasso. We cannot provide assurance that an unmodified opinion will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion, add an emphasis -of- matter or other - matter paragraph(s), or withdraw from the engagement. In addition to our report on City of Owasso's financial statements, we will also issue the following types of reports: • Independent Auditor's Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards This letter constitutes the complete and exclusive statement of agreement between RSM US LLP and City of Owasso, superseding all proposals, oral or written, and all other communications with respect to the terms of the engagement between the parties. Electronic Signatures and Counterparts Each party hereto agrees that any electronic signature of a party to this agreement or any electronic signature to a document contemplated hereby (including any representation letter) is intended to authenticate such writing and shall be as valid, and have the same force and effect, as a manual signature. Any such electronically signed document shall be deemed (i) to be "written" or "in writing," (ii) to have been signed and (iii) to constitute a record established and maintained in the ordinary course of business and an original written record when printed from electronic files. Each party hereto also agrees that electronic delivery of a signature to any such document (via email or otherwise) shall be as effective as manual delivery of a manual signature. For purposes hereof, "electronic signature" includes, but is not limited to, (i) a scanned copy (as a "pdf' (portable document format) or other replicating image) of a manual ink signature, (ii) an electronic copy of a traditional signature affixed to a document, (iii) a signature incorporated into a document utilizing touchscreen capabilities or (iv) a digital signature. This agreement may be executed in one or more counterparts, each of which shall be considered an original instrument, but all of which shall be considered one and the same agreement. Paper copies or "printouts," of such documents if introduced as evidence in any judicial, arbitral, mediation or administrative proceeding, will be admissible as between the parties to the same extent and under the same conditions as other original business records created and maintained in documentary form. Neither party shall contest the admissibility of true and accurate copies of electronically signed documents on the basis of the best evidence rule or as not satisfying the business records exception to the hearsay rule. Mr. Warren Lehr, City Manager City of Owasso June 5, 2019 Page 8 Please sign and return a copy of this letter to indicate your acknowledgment of, and agreement with, the arrangements for our audit of the financial statements, including our respective responsibilities. RSM US LLP 4 \fir-- C Mike Gibson, Partner Confirmed on behalf of City of Owasso: City Manager Date Assistant City Manager Date Finance Director Date AI C PA) Peer Review Program Administered bythe National Peer Review Committee December 8, 2016 Joseph Michael Adams RSM US LLP 1 S Wacker Dr Ste 800 Chicago, IL 60606 Dear Mr. Adams: American Institute of CPAs 220 Leigh Farm Road Durham, NC 27707.8110 It is my pleasure to notify you that on December 8, 2016 the National Peer Review Committee accepted the report on the most recent system peer review of your firm. The due date for your next review is October 31, 2019. This is the date by which all review documents should be completed and submitted to the administering entity. As you know, the report had a peer review rating of pass. The Committee asked me to convey its congratulations to the firm. Sincerely, Michael Fawley Chair — National PRC nprc @aicpa.org 919 4024502 cc: Gary W Schafer, John Mark Edwardson Firm Number: 10046712 Letter ID: II31947A Review Number 451038 T1.919.402.4502 I F:1.919.402.4876 I nprc@aicpa.org aicpa.org BKOur CPAs & Advisors e®r 910 E. St. Louis Street, Suite 200// P.O. Box 1190H Springfield, MO 65801 -1190 Q 417.865.8701 // fax 417.865.0682 // 6kd.<om System Review Report To the Partners of RSM US LLP and the National Peer Review Committee of the American Institute of Certified Public Accountants Peer Review Board We have reviewed the system of quality control for the accounting and auditing practice of RSM US LLP (the "firm ") applicable to engagements not subject to PCAOB permanent inspection in effect for the year ended April 30, 2016. Our peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the American Institute of Certified Public Accountants. As a part of our peer review, we considered reviews by regulatory entities, if applicable, in determining the nature and extent of our procedures. The firm is responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Our responsibility is to express an opinion on the design of the system of quality control and the firm's compliance therewith based on our review. The nature, objectives, scope, limitations of and the procedures perforated in a System Review are described in the standards at www.aicoa.org/lirsummary. As required by the standards, engagements selected for review included engagements performed under Government Auditing Standards, audits of employee benefit plans, audits performed under FDICIA, and audits of carrying broker - dealers, and examinations of service organizations [Service Organizations Control (SOC) 1 and 2 engagements]. In our opinion, the system of quality control for the accounting and auditing practice of RSM US LLP applicable to non -SEC issuers in effect for the year ended April 30, 2016, has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in confomnity with applicable professional standards in all material respects. Firms can receive a rating ofpass, pass with def:ciency(ies) or fail. RSM US LLP has received a peer review rating of pass. December 2, 2016 Praxity MEwm.. GLOBAL ALLIANCE OF INDEPENDENT FINNS REAL PooPle •REAL CM1aradal • REAL Commw6y TO: The Honorable Mayor and City Council FROM: Larry Escalonta General Services Superintendent SUBJECT: FY 2018 -2019 Signal Modification Award DATE: June 14, 2019 BACKGROUND: The FY 2018 -2019 budget includes funding for traffic signal upgrades at three intersections including the High School entrance and 129th East Avenue, 82nd Street North and 129th East Avenue, and 96th Street North and Garnett. Contract work will include upgrades to radio communication equipment, installation of internally illuminated street name signs, replacement of signal heads from five (5) section to four (4) section flashing left turn yellow heads, new cabinets, replacement of video detection with radar detection, replacement of standard push buttons with accessible push buttons including count down type pedestrian heads at the 96th and Garnett intersection. The additional two intersections include upgrading video detection to radar detection and accessible pedestrian push buttons. Existing poles will remain and underground cables will be replaced if needed during the project. BID ADVERTISEMENT: Advertisements were published in May of 2019, in accordance with state law, and a mandatory pre -bid meeting was held on May 16, 2019, at City Hall. Bids were opened on May 23, 2019, with two qualified bidders. Bidder Base Bid Traffic and Lighting Systems $264,360.00 Traffic Signals Incorporated $364,595.00 Engineer's Estimate $268,928.00 FUNDING: Funding in the amount of $440,929.00 is included in the Street Department Half Penny Sales Tax Fund. RECOMMENDATION: Staff recommends awarding the bid to Traffic and Lighting Systems of Tulsa, Oklahoma, in the amount of $264,360.00, and authorization for the Mayor to execute the agreement. ATTACHMENTS: Location Map Agreement Signal Modification Project 1 " =3009ft 1 Location Map 1 06/03/2019 notg SECTION 00300 AGREEMENT THIS AGREEMENT is dated as of this 18th day of June, 2019, by and between City of Owasso (hereinafter called OWNER) and Traffic & Lighting S,, std (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Traffic Signal Modifications 2019 CITY OF OWASSO, OKLAHOMA The project, for which the Work under the contract documents may be the whole or only a part, is described as follows: ARTICLE 2. DEPARTMENT The PROJECT has been assigned by the OWNER to the DEPARTMENT (City of Owasso Public Works). The DEPARTMENT Director, Project Administrator and City Engineer are the duly authorized representatives of the OWNER who will assume the duties and responsibilities and will have the rights and authority assigned to DEPARTMENT in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIME 3.1 Work for base bid will be substantially completed within one hundred twenty day (120) calendar das from the date of Notice to Proceed; and completed and ready for final payment in accordance with the General Conditions within one hundred fifty (15 0) calendar days from the date of Notice to Proceed, which will be on or before 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER, if the Work is any such proof. OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two Hundred Dollars ($200.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for substantial completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Two Hundred Dollars ($200.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds the amount agreed upon in CONTRACTOR'S bid. 4.2 CONTRACTOR understands that the estimated quantities are not guaranteed and that the determination of actual quantities and their classification is to be made by the OWNER at the time of application for payment. 4.3 CONTRACT AMOUNT: Contract Amount is Two Hundred, Sixty -Four Thousand, Three Hundred Sixty Dollars and 00 /100, (264,360.00) ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions on the Pay Estimate Forms included as Exhibit "A" to this Agreement. Applications for Payment will be processed by OWNER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment in accordance with the City of Owasso's Payment Schedule included as Exhibit "B" to this Agreement during construction as provided below. All progress payments will be on the basis of the progress of the Work. 5.1.1 Progress payments shall not exceed an amount equal to 95% of the WORK completed until such time as CONTRACTOR shall complete in excess of fifty percent (50 %) of the contract amount. 5.1.2 Upon completion in excess of fifty percent (50 %) of the total contract amount, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the WORK completed, less such amounts as OWNER shall determine in accordance with the General Conditions, provided that OWNER has determined that satisfactory progress is being made, and upon approval by the Surety. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the remainder of the Contract Price. ARTICLE 6. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself /herself with the nature and extent of Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports or explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except underground facilities) which have been identified in the Supplementary Conditions as provided in the General Conditions. Contractor accepts the determination set forth in the General Conditions of the extent of the "technical data" contained in such reports and drawings upon which Contractor is entitled to rely. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Consultants do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to underground facilities at or continuous to the site. Contractor has obtained and carefully studied (or assume responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 6.3 CONTRACTOR has made or caused to be made examinations, investigations, tests and studies of such reports and related data in addition to those referred to in paragraph 6.2 as (s)he deems necessary for the performance of the Work at the Contract price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including the General Conditions. 6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6 CONTRACTOR has given OWNER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. 6.7 CONTRACTOR has obligated himself /herself to the OWNER to be responsible for the workmanship, labor and materials used in the project for two (2) years after the project has been accepted by the OWNER. 6.8 CONTRACTOR understands that (s)he will be exempt from all sales tax on materials and other items necessary for the completion of the project. The OWNER has issued him a Certification of Tax Exempt Project enclosed as Exhibit "C" of this Agreement. ARTICLE 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof, and consist of the following: 7.1 This Agreement (pages I to 6 inclusive). 7.2 Exhibits "A ", "B ", "C" and "D" to this Agreement. 7.3 Advertisement for Bids (Section 00100). 7.4 Requirements for Bidders (Section 00110). 7.5 Instructions to Bidders (Section 00120). 7.6 Bid (Section 00200). 7.7 Bid Bond (Section 00210). 7.8 Bid Affidavits (Section 00220). 7.9 Statement of Bidders Qualifications (Section 00230). 7.10 Certificate of Non - Discrimination (Section 00240). 7.11 Performance Bond (Section 00410). 7.12 Maintenance Bond (Section 00420). 7.13 Statutory payment Bond (Section 00430). 7.14 Notice of Award (Section 00510). 7.15 Notice to Proceed (Section 00520). 7.16 Change Order (Section 00600). 7.17 General Conditions (Section 00700). 7.18 Project Specifications (Section 00800). 7.19 Special Provisions (Section 00900). 7.20 Project Drawings, consisting of Sheets 1 to 6, inclusive, and Standard Drawings. 7.21 Addendum Numbers 1 to 1, inclusive. 7.22 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to _ inclusive). 7.23 Any Modification, including Change Orders, duly delivered after execution of Agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in the General Conditions). ARTICLE 8. MISCELLANEOUS 8.1 Tenns used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 OWNER and CONTRACTOR each binds himself/herself, his/her partners, successors, assigns, and legal representatives to the other party hereto, his /her partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.3 The Agreement (or remaining portions thereof) should continue in effect, be valid and binding upon both parties even if a provision or part of the Contract Documents should be held void or unenforceable by law. IN WITNESS WHEREOF, the parties hereby have signed this Agreement in duplicate. One counterpart has been delivered to CONTRACTOR, the other belongs to OWNER. All portions of the Contract Documents have been signed by OWNER and CONTRACTOR. This Agreement will be effective on June 18, 2019. OWNER: City of Owasso I. Chris Kelley, Mayor (SEAL) ATTEST: Juliann M. Stevens, City Clerk Address for giving notices: City of Owasso 200 South Main Street Owasso, Oklahoma 74055 CONTRACTOR: By (Owner, President, Managing Member) (SEAL) Title HEAL P --w •HEAL CM1mcur•HEAL Commonly TO: The Honorable Mayor and City Council FROM: Michele Dempster Human Resources Director SUBJECT: Fraternal Order of Police (FOP) Contract for FY 2019 -2020 DATE: June 14, 2019 BACKGROUND: The Fraternal Order of Police Lodge #149 (FOP) and the City have been meeting to negotiate a contract for Fiscal Year 2019 -2020, and have reached a tentative agreement. The proposed contract is in the process of being considered for approval by the Lodge. PROPOSED CONTRACT: The proposed contract is for a one year term and provides for the following monetary changes: • Increasing patrol uniform pay to $1,200 per year to match detective uniform pay. • Increasing shift differential from $0.20 to $0.50 per hour. • Providing for a $0.50 per hour across the board increase effective July 1, 2019, and another $0.50 per hour across the board increase effective January 1, 2020. • Language allowing for twice a year testing for Wellness Incentive, increasing the number of vacation hours that can be accrued for Wellness Incentive over a twelve month period. The increase in compensation costs is $235,293. In addition, the proposed contract includes language clarifications, as well as the following non - monetary changes: Extension of timelines within the grievance process. Addition of language providing for a mid -year shift bid when there is a promotional process. RECOMMENDATION: Staff recommends approval of the FY 2019 -2020 contract between the City of Owasso and the Fraternal Order of Police, Lodge # 149, and authorization for the Mayor to execute the contract. ATTACHMENT: Recommended FOP Contract with Strikeouts AGREEMENT BETWEEN THE CITY OF OWASSO, OKLAHOMA A MUNICIPAL CORPORATION 0 FRATERNAL ORDER OF POLICE LODGE NO. 149 July 1, 2018 june 30, 20! July 1, 2019 - June 30, 2020 ARTICLE I PURPOSE OF AGREEMENT It is the intent and purpose of this Agreement, entered into by and between the CITY OF OWASSO, OKLAHOMA, hereinafter referred to as EMPLOYER, and LODGE NO. 149, FRATERNAL ORDER OF POLICE, hereinafter referred to as LODGE, to achieve and maintain harmonious relations between the parties hereto and to provide for the equitable and orderly adjustment of grievances which may arise during the term of this Agreement. ARTICLE 2 AUTHORITY AND TERM Section 1. The Employer and Lodge have, by these presents, reduced to writing the collective bargaining agreement resulting from negotiations entered into by the Employer and the Lodge. Section 2. This Agreement shall become effective on the 1st day of 3ttly,p July, 2019 and shall remain in full force and effect until midnight, June 30, 240 2020. Section 3. Whenever wages, rates of pay, or any other matters requiring appropriation of monies by the Employer are included as a matter of collective bargaining, it is understood by the parties hereto that this agreement shall serve as notice to collectively bargain for all issues and compensation for the following fiscal year, in lieu of written notice, pursuant to O.S.A. 11, (1994) 51 -101, et eq. Section 4. It shall be the obligation of the Employer and the Lodge to meet the first business day of March or within ten (10) days thereof to negotiate in good faith with representatives of the Lodge and Employer. Section S. In the event the Lodge and the Employer are unable to reach an agreement within thirty (30) days from and including the date of the first meeting, any and all unresolved arbitrable issues may be submitted for mediation before arbitration at the request of either �. party. L City of O asso Date CP6P L0 4e #149 Date ARTICLE 3 SAVINGS CLAUSE Section 1. If any provision of this Agreement or the applications thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or applications and, to this end, the provisions of this Agreement are severable. Section 2. It is understood that the articles included herein constitute a complete understanding of all the terms and conditions of employment to be governed by this Agreement during the contract period and it cannot be altered in any manner save by the complete written concurrence of the parties subscribing hereto. Section 3. Any appendices to this Agreement shall be numbered, dated and signed by the Employer and the Lodge and shall be subject to the provisions of this Agreement, and all appendices shall become a part of this Agreement as is specifically set forth herein. Section 4. It is understood that all time limits found in this Agreement may be extended by mutual concurrence. Section 5. In the event an Agreement is not made for the fiscal year ?^'2019 2020 -2021 this Agreement will remain in effect until such time as one is made in succession. . City of wasso Date UVOP L dge #149 Date ARTICLE 4 GENDER CLAUSE "Gender ". A word importing one gender only shall extend and be applied to both genders. ARTICLE 5 MUTUAL RESPONSIBILITY TO AVOID DISCRIMINATION Section 1. Nothing in this Agreement shall be interpreted as diminishing the obligation of both parties to undertake affirmative action to insure that applicants or employees are treated without regard to race, color, religion, sex, national origin, status of Lodge membership, or political affiliations. Specifically, pursuant to Equal Employment Opportunity Commission Guidelines, each party is obligated to take positive action in affording equal employment, training and promotional opportunities to all members, as required by Title VII of the Civil Rights Act of 1964, as amended. Additionally, nothing in this Agreement shall be interpreted as diminishing the obligation of both parties to comply with the provisions of the Fair Labor Standards Act, or the Americans with Disabilities Act, or any duly adopted Department of Labor Regulations promulgated thereunder. Section 2. In the event that any portion of this Agreement unintentionally conflicts with the Employer's capability to be in compliance with said Acts, the EEOC Guidelines and Department of Labor Regulations will be over - riding to that portion of this Agreement. ARTICLE b PREVAILING RIGHTS Section 1. All rules, regulations, fiscal procedures, working conditions, departmental practices and manner of conducting the operation and administration of the Owasso Police Department currently in effect for and with respect to the members of the Police Department on the effective date of this Agreement shall remain in full force and effect, unchanged and unaffected in any manner, unless and except as modified or changed by the specific terms of this Agreement. Section 2. It is understood by the parties hereto that the portions hereof regarding Safety and Health Committee as well as departmental practices, as previously stated, are subject to a modification by adoption of an appropriate ordinance, personnel manual or departmental procedure and negotiation. By reason thereof, upon promulgation by the Employer of the Accident Review Board, together with the practices, procedures and policies therein, as well as promulgation of the Owasso Police Department Operations Manual, the Lodge, upon notification of such by the Employer, shall re -open negotiations between the parties whereby inclusion of said matters shall be negotiated between the parties. ARTICLE 7 MANAGEMENT RIGHTS AND RESPONSIBILITIES Section 1. Lodge recognizes the prerogative of the Employer to operate and manage its affairs in all respects and in accordance with its responsibilities, and the power or authority which the Employer has not officially abrogated, delegated, granted or modified by this Agreement is retained by the Employer, and all rights, powers and authorities the Employer had prior to the signing of this Agreement are retained by the Employer, and remain exclusively and without limitation within the rights of the Employer. Section 2. Except as may be limited within this agreement, the Employer retains the rights in accordance with the Constitution, the laws of the State of Oklahoma, and Charter of the municipality and the responsibilities and duties contained in the laws of the State of Oklahoma and the ordinances and regulations promulgated there under. A. To determine Police Department policy including the rights to manage the affairs of the Police Department in all respects; B. To assign working hours, including overtime; C. To direct the members of the Police Department, including the right to hire, promote or transfer any employee; D. To discipline, suspend, or terminate any employee, as provided for in this agreement, provided that just cause shall be the standard for any discipline, suspension or termination; E. To determine the organizational chart of the Police Department, including the right to organize and reorganize the Police Department and the determination of job classifications and ranks based upon duties assigned; F. To determine the safety, health and property protection of the Police Department; G. To allocate and assign work to all Employees within the Police Department; H. To be the sole judge of qualifications of applicants and training of new Employees; I. To schedule the operations and to determine the number and duration of hours of assigned duty per week; J. To establish and enforce Police Department rules, regulations and orders; ARTICLE 7 MANAGEMENT RIGHTS AND RESPONSIBILITIES (continued) K. To introduce new, improved, or different methods and techniques of Police Department operation or change existing methods and techniques; L. To determine the amount of supervision necessary; M. To control the departmental budget; N. To take whatever actions may be necessary to carry out the mission of the Employer in situations of emergency. 10 ARTICLE 8 BARGAINING UNIT RIGIITS AND ,.SEC Section 1. Bulletin Boards. The Employer shall provide space in all Police Stations for Lodge bulletin boards. No materials of a subversive or derogatory nature or political endorsements shall be posted. The location of such Bulletin Boards shall be mutually agreed upon by the Employer and the Lodge and shall not cover more than sixteen square feet. The Bulletin Boards and items posted are the sole property of the Lodge. Section 2. Members of the Lodge will be allowed to attend Lodge functions within the city, while on duty without loss of pay. However, members will be subject to call out. Section 3. Members of the Lodge may be given time off for lodge functions. After written notice to the Chief of Police, Lodge Representatives may be granted time off without loss of pay to conduct bonafide Lodge business. For business outside the city limits, Employer shall make schedule adjustments to insure that Lodge Officers' days off or compensation time will be scheduled during the time of the Lodge business. Such schedule adjustments shall not be unreasonably withheld. Section 4. The Employer shall grant four (4) hours of Union leave accrual per month to the current President of the lodge, to conduct lodge business. Such accrual shall be accrued separately from vacation and compensatory leave. The balance of Union leave accrued will not carry forward from one fiscal year to the next. Section 4— 5. The Chief of Police may grant leave with pay to Lodge Representatives to conduct Lodge business which mutually benefits the Lodge as well as the Police Department. 11 ARTICLE 9 PROHIBITION OF STRIKES Section 1. The Lodge and the Employer are well aware of the public policy and the necessity that there shall be no strikes or other action which would tend to disrupt the provision of those services traditional to Employer's business; in that the public policy of the State of Oklahoma has been expressly stated by the Oklahoma Legislature and codified as Title 11 O.S. Section 51 -111, as amended that statutory provision is deemed to provide the spirit and intent under which the following sections of this article are provided and the parties hereto are bound. Section 2. Neither the Lodge, nor any of its officers, agents, or employees, or any of the employees for which it bargains, shall in any manner coerce, intimidate, instigate, induce, sanction, suggest, conspire with, promote, support, engage in, condone, or encourage any person to participate in any strike, work stoppage or slowdown. The Lodge shall not aid or assist any persons or parties engaging in the above prohibited conduct, nor shall the Lodge provide funds, financial and other assistance for the conduct or direction of such activities for the payment of strike, unemployment, or other benefits to those persons participating in such prohibited conduct and activities; provided, however, that the Lodge may provide legal representation for itself or persons accused of such activities, or for any purpose it may deem necessary. Section 3. Upon notification confirmed in writing, by the Employer to the Lodge that certain of its members are engaging in a strike, the Lodge shall immediately, in writing, order such members to return to work at once and provide the Employer with a copy of such an order and responsible officials of the Lodge shall publicly order them to return to work. Such characterization of strike by the Employer shall not establish the existence of a strike. Such notification by the Lodge shall not constitute an admission by it that a strike is in progress or has taken place or that any particular member is or has engaged in a strike. The notification shall be made solely on the representation of the Employer. In the event that a strike occurs, the Lodge agrees to take all reasonable effective and affirmative action to secure the members return to work as promptly as possible. The Lodge shall not be in breech of this agreement where the acts or actions hereinbefore enumerated are not caused or authorized by the Lodge. 12 ARTICLE 10 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the successors and assigns of the parties hereto during the term of this Agreement; and no provisions, terms or obligations herein contained shall be affected, modified, altered or changed in any respect whatsoever by any change of any kind in the ownership of management of either parry hereto, or by any change geographically of place of business of either party hereto. 13 ARTICLE 11 RECOGNITION Section 1. The Employer recognizes the Lodge as the exclusive bargaining agent for all police officers, except the Chief and, one designated Administrative Assistant. The Lodge shall be advised in writing who the Chief's Designated Administrative Assistant is, within ten (10) days after this agreement takes effect. In the event there is no Designated Administrative Assistant appointed, the Lodge will be so notified. Section 2. Police Officers who are CLEET certified upon hire are probationary employees for twelve (12) months from date of hire. Police Officers who are required to attend the CLEET Academy are probationary employees for twelve (12) months from the date of graduation from the CLEET Academy. In situations where a probationary employee misses a significant portion of training due to an on -the job injury or off-the-job injury or illness, or at the discretion of the Chief of Police, probation may be extended up to six (6) months. 14 ARTICLE 12 PUBLICATION AND DISTRIBUTION The City shall provide the Lodge with one (1) signed original contract for the term of this agreement and one computer file copy. The cost of publication shall be born by the Employer. 15 ARTICLE 13 GRIEVANCE PROCEDURE Section 1. It is the intent of the parties to this Agreement to prevent grievances and to settle any which may occur as fairly and promptly as practical. Therefore, it is agreed that there should be time limits between the initiation of a grievance and its occurrence and between steps of the grievance procedure and the time in which each answer must be given. All time limits set forth in this Article may be extended by mutual consent, once by each party oer step in the grievance process, but if not so extended, they must be strictly observed. If a party fails to pursue any grievance within the time limits provided, he the party shall have no further right to continue the grievance. Further, this article is not intended to limit the parties' right to grieve or arbitrate any matter which would otherwise be subject to arbitration by statute. Section 2. The Lodge or any employee covered under this Agreement may file a grievance within twenty (20) days of alleged occurrence, as hereinafter defined, and shall be afforded the full protection of this Agreement. Section 3. The Lodge President or his authorized representative may report an impending grievance to the Chief of Police in an effort to forestall its occurrence. Section 4. Except for documented verbal counseling or written reprimands, as defined in Section 5, of this article, any controversy between the Employer and the Lodge or any employee concerning the interpretation, enforcement or application of any provisions of this Agreement, concerning any of the terms or conditions of employment contained in this Agreement, shall be adjusted in the following manner: A. The grievance shall be discussed by the employee with the Chief or the Chief of Police's designated representative. Said employee's Lodge President, or his alternate, shall be present at said discussion. The answer shall be orally submitted by the Chief or his designated representative, within ten (10) twenty (20) calendar days to the employee(s) involved and to the Lodge President. B. If the grievance is not settled by the provision of Section 4A, it shall be submitted in writing by the Lodge to the Chief of Police within twenty (20) calendar days from the receipt of oral answer with a possible solution to said grievance. C. The Chief of Police shall submit his reply in writing to the employee involved and to the Lodge President or designate within tm (10) twenty (20) calendar days. If the grievance has not been settled within that time, both the grievance and solution recommended by the Lodge shall be sent to the City Manager for adjustment. Said grievance and recommended solution shall be submitted to the City Manager within (20) twenty calendar days of the Chief's reply. 16 ARTICLE 13 GRIEVANCE PROCEDURE (continued) D. The City Manager shall submit his answer in writing to the Police Chief, the employee involved and the Lodge President or designate within ton (10) twenty (20) calendar days. If the City Manager and the Lodge President or designate have not settled the grievance within that time, it may then be submitted to arbitration. Grievances submitted to arbitration for adjustment shall proceed as follows: 1. Within ten (10) calendar days parties shall jointly request a panel of arbitrators from the Federal Mediation and Conciliation Service. a) The Employer shall have the option to utilize a board of three (3) arbitrators in lieu of one (1) arbitrator. The Employer shall be responsible for the increase in cost associated with a three (3) arbitrator panel. i. The parties shall jointly request a panel of fifteen (15) for aboard of three (3) arbitrators. ii. The parties shall jointly request a panel of nine (9) arbitrators for one (1) panel arbitrator. b) Arbitrators must have NAA affiliation (National Academy of Arbitrators). c) The Employer and the Lodge each may exercise the option to request a new panel once per arbitration selection process. 2. Within ten (10) calendar days from the receipt of such panel, a representative of the Lodge and the Employer shall meet and alternately strike names until one (1) or three (3) arbitrator(s) remains who shall be selected as the impartial arbitrator(s). The party requesting arbitration shall strike the fast name. 3. Upon notification of the Federal Mediation and Conciliation Service of the selection of the arbitrator(s) and the arbitrator(s) is /are contacted, the date for the arbitration hearing shall be requested to be set subject to the earliest availability of the selected arbitrator(s). 4. The arbitrator shall be requested to issue a written opinion, or panel of arbitrators shall be requested to issue a majority consensus opinion, containing findings and recommendations with respect to the issues presented, within twenty (20) calendar days after the conclusion of the hearing. A copy of the opinion shall be mailed or delivered to the Lodge and Employer. 5. With respect to the interpretation, enforcement, or application of the provisions of this Agreement, the decision, findings, and recommendations of the arbitrator(s) shall be final and binding on the parties of this Agreement. 17 ARTICLE 13 GRIEVANCE PROCEDURE (continued) 6. The arbitrator(s)' authority shall be limited to the interpretation and application of the terms of this Agreement and /or any supplement thereto. The arbitrator(s) shall have no jurisdiction to establish provisions of a new Agreement or variation of the present Agreement or to arbitrate away, in whole or in part, any provision or amendments thereof. This shall not preclude individual wage grievances. 7. The cost of the impartial arbitrator shall be shared equally between the Lodge and the Employer. If a transcript of the proceedings is requested, the party so requesting shall pay for it. Section 5. Any controversy between the Employer and the Lodge or any employee concerning the interpretation, enforcement or application of any provisions of this Agreement, that resulted in a documented verbal counseling or a written reprimand shall be adjusted in the following manner: A. The grievance shall be discussed by the employee with the Chief or the Chief of Police's alternate. Said employee's Lodge President, or his alternate, shall be present at said discussion. The answer shall be orally submitted by the Chief or his designated representative, within ton (10) twenty (20) calendar days to the employee(s) involved and to the Lodge President. B. If the grievance is not settled by the provision of Section 5A, it shall be submitted in writing by the Lodge to the Chief of Police within twenty (20) calendar days from the receipt of oral answer with a possible solution to said grievance. C. The Chief of Police shall submit his reply in writing to the employee involved and to the Lodge President or designate within ton (10) twenty (20) calendar days. If the grievance has not been settled within that time, both the grievance and solution recommended by the Lodge shall be sent to the City Manager for adjustment. Said grievance and recommended solution shall be submitted to the City Manager within twenty (20) calendar days from the Chiefs reply. D. The City Manager shall submit his answer in writing to the Police Chief, the employee involved and the Lodge President or designate within ton (10) twenty (20) calendar days. If the City Manager and the Lodge President or designate have not settled the grievance within that time, it may then be submitted to arbitration through a written review by an impartial arbitrator. 18 ARTICLE 13 GRIEVANCE PROCEDURE (continued) 1. The parties shall jointly request a panel of nine (9) arbitrators from the Federal Mediation and Conciliation Service within ten (10) calendar days. Arbitrators must have NAA affiliation (National Academy of Arbitrators). Within ten (10) calendar days from the receipt of such panel, a representative of the Lodge and the Employer shall meet and alternately strike names until one (1) arbitrator remains who shall be selected as the impartial arbitrator. The party requesting arbitration shall strike the first name. 3. Following the selection of the impartial arbitrator both parties shall submit cases in writing to the arbitrator and the other party by an agreed upon date. If parties cannot agree the arbitrator shall set the date. 4. The arbitrator shall be requested to issue a written opinion containing findings and recommendations with respect to the issues presented, within sixty (60) calendar days after submission of the case. A copy of the opinion shall be mailed or delivered to the Lodge and Employer. ( 5. With respect to the interpretation, enforcement, or application of the provisions of the Agreement, the decision, finding, and recommendations of the arbitrator shall be final and binding on the parties of this Agreement. 6. The arbitrator's authority shall be limited to the interpretation and application of the terms of this Agreement and /or any supplement thereto. The arbitrator shall have no jurisdiction to establish provisions of a new Agreement or variations of the present Agreement or to arbitrate away, in whole or in part, any provision or amendments thereof. The cost of the impartial arbitrator shall be shared equally between the Lodge and the Employer. Section 6. It is specifically and expressly understood that filing a grievance under this Article which has as its last step, final and binding arbitration, constitutes an election of remedies and a waiver of any and all rights by both parties, the Lodge or other representatives of the parry, to litigate or otherwise contest the last answer rendered through the Grievance Procedure in any court or their appeal forum. City of dgehb Date 19 ARTICLE 14 PERSONNEL FILES Section 1. Master personnel files for employees shall be maintained exclusively by the Human Resources Office. However it is agreed that the term master personnel files does not include supervisor notes and internal investigations, which may be maintained by the department. It is further agreed that if materials concerning investigations, complaints, and reprimands, for violations of any rules, regulations or policies, or other materials that might be considered detrimental to the employee's position, advancement or future with the department are to be placed in the employee's master personnel files, the Employer shall notify the employee of said action and the employee shall be given the proper opportunity to appeal such action before it becomes a part of his master personnel files. Section 2. Any Employee shall be allowed to review his master personnel files under supervision at any reasonable time upon written request to the Human Resources Office and notice to the Chief of Police. The employee requesting review of their master personnel file shall schedule an appointment with the Human Resources Office, Section 3. Recognizing that disciplinary actions provide a basis for training and counseling and are not meant to perpetually penalize an employee, the following procedure is hereby established: Procedure: A. Employees may request that disciplinary actions be sealed according to the following schedule. 1. Written reprimands and notice of Documented Verbal Counseling with no recurrence after eighteen (18) months from date of discipline may be sealed. 2. Suspensions, without recurrence, after three (3) years from date of discipline may be sealed. 3. Upon approval of a request to seal or remove disciplinary actions from an employees' master personnel file, departmental internal investigation files shall be expunged contemporaneously with such request and approval. Disciplinary actions, including sealed files with no recurrence, are eligible for removal, at the request of the employee after eight (8) years. In order to be eligible for removal the employee must authorize the City to view all sealed files to determine if a recurrence has occurred. Employees may request that disciplinary action, including sealed files, with no recurrence, be removed prior to eight (8) years if mutually agreed upon by the employee and city. F ARTICLE 14 PERSONNEL FILES (continued) B. Requests for sealing or removal of disciplinary actions should be directed to the office of the Chief of Police. C. Sealing or removal shall include all memos, letters, correspondence, complaint forms and any other written or electronically recorded material pertaining to the action. D. Sealing or removal shall not include any material related to criminal offenses for which the employee was charged nor any material related to a pending tort claim or pending litigation, except in concurrence with the sealing or expungement of criminal charges by a court of competent jurisdiction, or except in the event of complete exoneration of the employee by the court. E. The sealed action shall not be held to discriminate against the employee in any subsequent disciplinary action, or in the event of impending promotion, merit step raise, transfer, special requests, modification of duty, vacation selection, application for other employment, or against any other action the employee may take for his personal improvement or betterment. P. Once sealed, the file shall not be opened unless the employee requests such unsealing; or records are required for a pending tort, pending litigation or valid court subpoena approved by the City Attorney; or at the discretion of the Chief of Police who may deem it necessary to the employee's welfare to do so; but, in any case, the employee is to be notified of the opening of the sealed file and the reason therefore. G. All unfounded, exonerated, not sustained, and no finding complaints will be maintained in a separate file by the department, for a period of no more than two (2) years from the date of the alleged occurrence, unless a tort or litigation is pending. 21 ARTICLE 15 OFFICER BILL OF RIGHTS Section 1. The Chief of Police shall establish and put into operation a system for the receipt, investigation, and determination of all complaints against Police Officers received by such Chief of Police from any person. Section 2. Whenever an Officer is under investigation and is subject to interrogation by members of his agency, for any reason which could lead to disciplinary action, demotion, or dismissal, or is a witness to any such incident such interrogation shall be conducted under the following conditions: A. Interrogation: When an Officer is under investigation by the Owasso Police Department for a complaint received, and is to be interrogated in respect to such complaint by other members of the department when there is a logical possibility that suspension, demotion, or dismissal may result, such interrogation shall be conducted as follows: B. When an Officer is to be interrogated or interviewed as a witness in an investigation by the Owasso Police Department for a complaint received, and is to be interrogated or interviewed in respect to such complaint by other members of the department when there is a logical possibility that suspension, demotion, or dismissal may result for an officer, such interrogation or interview shall be conducted as follows: An accused Officer shall be notified of the name of all complainants, and the purported aggrieved person. Such notification shall accompany the notice of investigation. Absent corroborating evidence, no member of the Department can stand in as the complainant or aggrieved person, in order to protect the identity of the complainant or aggrieved person. The only exception shall be in the instance of criminal complaints against an officer. The employee may request to be confronted by the complainants. This shall be allowed where deemed necessary to by the employee or the investigating officer. 2. Preliminary discussions with supervisory personnel within the Police Department, in relation to a complaint received, shall not be considered as interrogation as used herein. The Officer being interrogated / interviewed shall be informed of the rank, name, and command of the Officer in charge of the investigation, the interrogating Officer or identity of any agent acting on behalf of the Officer in charge of the investigation, and all persons present during the interrogation. All questions directed to the Officer being interrogated / interviewed shall be asked by and through any one interrogator at any one time. 22 ARTICLE 15 OFFICER BILL OF RIGHTS (continued) 4. The Officer being interrogated /interviewed shall be informed of the nature of the investigation prior to any interrogation/interview, 5. Interrogation/interview sessions shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonably necessary. 6. The Officer being interrogated / interviewed shall not be subjected to offensive language or threatened with transfer, dismissal, or disciplinary action. No promise or reward shall be made as an inducement to obtain testimony or evidence. 7. The Officer being interrogated / interviewed shall be completely informed of all his rights pursuant to this procedure prior to the commencement of the interrogation and of his responsibility to answer all questions, and this notification shall be included on the tape recording or written record of the session. 8. At the request of any Officer being interrogated / interviewed, he shall have the right to be represented by counsel or any other representative of his choice who may be present at all times during such interrogation, at no additional expense to the Employer. Interrogation / interviewing of Officers may be taped or recorded in written form at the discretion of the investigating Officer. Officers being interrogated ! interviewed may record the proceedings with his own equipment or record at his own expense. Records and tapes compiled by the department shall be exclusively retained by the department as confidential information, but may be used at the discretion of the Employer in administrative hearings or for other administrative purposes. C. An Officer under investigation shall receive written notification from the investigating Officer or the Chief of Police as to the determination of the investigation. Should an Officer be disciplined by suspension, demotion, dismissal, transfer, or reassignment arising from an investigation, he shall be notified in writing as to the action being taken and the reasons therefore. D. No Officer shall be discharged, disciplined, demoted, or denied promotion, or transfer, or reassignment, or otherwise be discriminated against in regard to his employment, or be threatened with any such treatment, by reason of his exercise of the rights granted by this contract. 23 ARTICLE 15 OFFICER BILL OF RIGHTS (continued) E. Any and all questions shall be narrowly focused on the subject of the complaint. Questions shall be relevant and pertinent to the original complaint. If any additional violations surface, the investigator shall consult with the Chief of Police prior to investigating the newly uncovered violation. The Officer being investigated / interviewed shall be informed in writing at that time that the investigation is being expanded to include the additional violations. F. Disputes, disagreements, or grievances resulting from any lack of clarity in language, shall be resolved through the grievance process. G. Officers are afforded any and all rights, protections, and guaranties, granted to any employee by the Constitution of the United States, State of Oklahoma, and including any and all Federal, State, and Municipal laws, and ordinances. 24 ARTICLE 16 SAFETY AND HEALTH COMMITTEE Section 1. The Employer and the Lodge agree to cooperate to the fullest extent in the promotion of safety and health, on the Employer's premises and while carrying out this mission of the Employer and the duties of the employees. For this purpose, it is agreed to establish a safety and health committee to consist of two (2) members appointed by the Lodge, two (2) members appointed by the Chief of Police and one (1) member mutually agreed upon by the appointed members. Section 2. The Safety and Health Committee shall have the authority to conduct on -site inspections of equipment, buildings and other related areas to the occupational environment of the bargaining units. They shall also have the latitude to make studies of safety equipment and practices and to conduct investigations into health hazards that may be appropriate to protect the Employer's interest as it may relate to Worker's Compensation or other liability inherent to occupational diseases and injury and to protect the member's rights to a safe employment environment. At the discretion of the Chief of Police and the availability of manpower, members of the committee shall be excused from duty for the work of the committee. Section 3. The Employer agrees to make every effort to correct safety hazards or unsafe working conditions as recommended by the Safety Committee. 25 ARTICLE 17 HONOR GUARD An Honor Guard consisting of ten (10) Officers shall be selected by the Lodge. The composite of the Honor Guard shall be subject to approval of the Chief of Police. All necessary attire and equipment shall be furnished by the City. The function of the Honor Guard shall be to serve at official gatherings, such as the arrival of Dignitaries, Police Officer Funerals, State Memorial Service and any other special events as approved by the Chief of Police. Members of the Honor Guard may be allowed time off with pay for each event, subject to approval of the Chief of Police. Honor Guard vacancies may stay vacant up to twelve (12) months depending upon budget. An officer shall not voluntarily resign from the Honor Guard within three years of appointment to the Honor Guard. 0 ARTICLE IS DUES CHECK OFF Section 1. The Employer agrees to deduct regular monthly Lodge dues from earned wages of those employees who are in the bargaining unit and who have provided written authorization to the City for said deduction. The deduction shall be made from each paycheck in an amount certified to be correct by the Secretary of the Lodge no later than the close of the workday following each payday after the deduction is made. The payroll deduction shall be revocable by the employee by notifying the Employer in writing. The Employer will notify the Lodge, in writing, of any revocation. Section 2. The Employer will deduct only Lodge dues from the employee's paycheck and will not deduct initiation fees, special assessments, fines or any other deductions except for dues. In the event of an increase or decrease in Lodge dues, the Lodge will give the Employer thirty (30) days notice in order to allow the Employer to make the proper changes in its accounting records. No deductions will be made when the salary to be paid an employee is not sufficient to cover the amount deducted. Section 3. The Employer will provide the Lodge Secretary a detailed report showing all employees by name and deduction amount each pay period. Section A. All deductions will be for the month in which they are taken. All deductions refundable at the time of termination or resignation will be refunded by the Lodge. The Employer shall not be responsible for errors. In case an error or improper deduction is made by the Employer, a proper adjustment of the same shall be made by the Lodge with the employee affected. Section S. The Lodge shall indemnify, defend and hold the Employer harmless against any claims made and against any suits instituted against the Employer on account of payroll deduction of Lodge dues. Section 6. This service shall be provided at no expense to the Lodge or its members 27 ARTICLE 19 CLASSIFICATIONS & PROMOTIONS Section 1. Classification and Promotions Process within the Owasso Police Department shall be as follows: A. Classifications 1. Senior Patrolman: Must be a certified police officer with at least five (5) years experience with the Owasso Police Department who has obtained the achievement of intermediate certification through (CLEET) the Oklahoma Council on Law Enforcement Education Training. 2. Master Patrolman: Must be a certified police officer with at least seven (7) years of experience with the Owasso Police Department, who has obtained the achievement of advanced certification through (CLEET) the Oklahoma Council on Law Enforcement Education Training. B. Promotions hn. ..6..11 not be eligible to apply Fora promotion F (1) &em 6 date e r year eligible discipline Employees ith disripli ary d °..tinn shall not be eligible to a- _ _ly for promotion fef twe (4) ° Fs from the date of d' p" (move to section 6) 1. Sergeant: Must be a certified police officer with at least five (5) years experience as a police officer with the City of Owasso immediately prior to testing. 2. Lieutenant: Must be a Sergeant with at least one (1) year experience in the rank with the City of Owasso immediately prior to testing. 3. Captain: Must have at least twe seven (7) years of supervisory experience with the City of Owasso prior to testing. The City may, at its discretion, advertise for this position providing that all advertising for this position shall occur seven (7) days after the internal posting. Section 2. Eligible applicants for the promotional examination shall participate in an Assessment Eente Process and an interview with the Chief of Police. A. The Assessment Eenter Process shall measure the knowledge, skills, and abilities specific to the Owasso Police Department, and shall be mutually agreed upon by the City and the Lodge. Assessors will be chosen through the assessment eBEA process and under no circumstances will an assessor be a current or past employee of the City of Owasso. m r ARTICLE 19 CLASSIFICATIONS & PROMOTIONS (continued) B. For the rank of Sergeant and Lieutenant ranking shall be weighted 70 % final Assessment Cents Process score and 30% Chief's Interview score. C. For the rank of Captain, ranking shall be weighted 60% final Assessment Contee Process score and 40% Chief's Interview score. Section 3. Upon completion of all testing it is agreed that the promotions shall be offered in the following manner for the listed position: A. Sergeant: The candidate with the highest score at the completion of testing. B. Lieutenant: The candidate with the highest score at the completion of testing. C. Captain: The Chief of Police will select the Captain from the top two candidates. Section 4. The Ppromotional Test examination will be valid for one (1) year from the date the eligibility et Assessment Center Process and Chiefs Interview scores is are posted. The Promotional Eligibility List will be signed and dated by both the Chief of Police and the FOP President. Any vacancies occurring during that year will be filled from by the qualified agglisants candidates on the promotional eligibility list. Section 5. One representative from the Bargaining Unit and one representative from the Owasso City Management shall be present throughout each testing portion of the process to evaluate the process and recommend any future changes to the process. New Section 6 Employees with disciplinary suspensions without nay exceeding sixty (60) consecutive hems days shall not be eligible to apply for a promotion for one (1) year from the date of discipline Employees with disciplinary demotion shall not be eligible to apply for a promotion for two (2) years from the date of discipline. (moved from I) New Section 7. Employees with disciplinary suspensions without nay exceeding sixty (60) consecutive hers days or a disciplinary demotion shall be removed from any current promotional eligibility lists. City of OWasso Date 40P L dge #149 Date 29 ARTICLE 20 VACATION Section 1. Employees within the bargaining unit shall receive paid vacation in accordance with the following, to -wit: Years of Employment Vacation Leave Method of Accumulation Maximum Accumulation 1 - 4 96 hours 8 hours /month 260 hours 5 - 9 120 hours 10 hours /month 296 hours 10-14 144 hours 12 hours /month 356 hours 15-19 168 hours 14 hours /month 404 hours 20-24 192 hours 16 hours /month 452 hours 25 and over 216 hours 18 hours /month 500 hours Section 2. Accumulation. The employee of the bargaining unit shall be allowed to accumulate unused vacation leave for use in following years to the extent set forth in the chart above. Section 3. In the event a request to use vacation leave is denied and such denial results in the loss of further accruals, the officer having been denied the use of vacation leave shall be compensated in salary an amount equal to his regular rate of pay times the amount of accruals lost. 30 ARTICLE 21 HOLIDAY PAY Section 1. Compensation. Each employee of the bargaining unit shall receive as, and for, holiday pay the sum of ninety -six (96) hours times such employee's regular rate of pay. Such holiday pay shall be paid in two (2) separate checks or warrants of forty -eight (48) hours on the first paydate in the month of December, and forty -eight (48) hours on the first paydate in the month of June of the current fiscal year. Those employees of the bargaining unit scheduled to work and actually having worked on a holiday shall, in addition to the holiday pay above referenced, receive such employee's regular straight time pay for such day worked. Section 2. Prorated Pay. For those employees who are not employed for the entire six month period prior to the aforementioned first paydate in the month of December or the first paydate in the month of June, holiday pay will be calculated using the number of months employed divided by 6 months (the "holiday pay" period) multiplied by forty -eight (48) hours (as stipulated by contract). Section 3. Each employee of the bargaining unit shall have the option of receiving forty eight (48) hours payable in June and forty eight (48) hours payable in December as leave time in lieu of the holiday pay check in June and /or December. If elected, this leave time will be added to the employee's vacation balance. 31 ARTICLE 22 SICK LEAVE Section 1. Sick leave may be taken when an employee is unable to perform his duties because of personal illness, off-the-job injury or for necessary care and attendance of a member of the employee's immediate household or when an employee might expose or jeopardize the health of others. Employees may elect to have such time off deducted from personal compensatory time reserves in lieu of sick time at the discretion of the employee. On duty supervisors must be notified at least one (1) hour prior to starting time. An employee may be subject to disciplinary action for failure to notify his supervisor of absence. Section 2. Accrual of Sick Leave. Each member of the bargaining unit shall accrue sick leave at the rate of nine and one quarter (9 1/4) hours for each complete month of service. Each employee of the bargaining unit shall be allowed to accumulate a maximum of 1105 hours of sick leave. Section 3. Doctor's Certificate. If an employee is ill for three (3) consecutive days, the employee shall, upon request and at the City's expense, furnish a doctor's certificate as a condition precedent to being granted sick leave. The certificate shall certify that the employee was unable to work due to illness or injury to self or immediate family member and verify the employee's fitness for return to work. The doctor must be an in- network doctor based on the current health plan. Section 4. Misuse of Sick Leave. Any employee who misuses the sick leave privilege may be dismissed as well as be denied pay for the day. Section 5. Pregnancy. Pregnancy shall be treated as any other condition in regard to sick time. However, for an employee engaged in hazardous or emergency services, a doctor's certificate shall be required after the sixth month and each month thereafter for the duration of the pregnancy, stating the employee's ability to continue her regular duties without limiting her performance. Section 6. Emergency Leave. In the event of death, serious injury, serious or contagious illness in an employee's immediate family, the employee shall be granted emergency leave. This emergency leave shall be a leave with pay, but shall be charged to either sick leave, vacation leave, or compensatory time at the discretion of the employee. Section 7. Immediate family as utilized in the sick leave and emergency leave provisions above stated shall be understood to mean husband or wife, father or mother of employee or spouse, sister or brother of employee or spouse, grandparents of employee or spouse, children or legally adopted children of husband or wife or both. Any other person whose relationship could justify the employee's absence may require special approval by the Chief of Police. 32 L' ARTICLE 22 SICK LEAVE (continued) Section 8. An employee upon retirement shall be paid an amount equal to fifteen percent (15 %) of their accrued sick leave calculated at the employee's rate of pay at the time of disbursement. An employee may instead convert fifteen percent (15 %) of their accrued sick leave to terminal leave. In order to be eligible for this benefit the employee must provide the City sufficient notice of pending retirement and election option. Said notice to be not less than ninety (90) days prior to expected date of retirement. Section 9. In the event of the death of the employee, said employee's beneficiary shall receive payment equal to one hundred percent (100 %) of the employee's accrued sick leave. City of O asso Date i ARTICLE 23 WORK SCHEDULE Section 1. There is hereby designated by the employer a regular fourteen- (14) day work period for all employees which will consist of eighty -five and one half hours (85 1/2). Section 2. The Patrol Division of the Owasso Police Department will be organized into two squads and each squad into two shifts to work scheduled hours each work period as follows: Squad One / Shift One (Day Shift) Week 1: Scheduled Work Hours 0700 to 1900 Sunday, Monday, Tuesday, Wednesday Scheduled Days Off Thursday, Friday, Saturday Week 2: Scheduled Work Hours 0700 to 1900 Sunday, Monday, Tuesday Scheduled Days Off Wednesday, Thursday, Friday, Saturday Squad One / Shift Two (Night Shift) Week 1: Scheduled Work Hours 1900 to 0700 Sunday, Monday, Tuesday, Saturday Scheduled Days Off Wednesday, Thursday, Friday Week 2: Scheduled Work Hours 1900 to 0700 Sunday, Monday, Tuesday Scheduled Days Off Wednesday, Thursday, Friday, Saturday Squad Two / Shift One (Day Shift) Week 1: Scheduled Work Hours 0700 to 1900 Thursday, Friday, Saturday Scheduled Days Off Sunday, Monday, Tuesday, Wednesday Week 2: Scheduled Work Hours 0700 to 1900 Wednesday, Thursday, Friday, Saturday Scheduled Days Off Sunday, Monday, Tuesday Squad Two / Shift Two (Night Shift) Week 1: Scheduled Work Hours 1900 to 0700 Wednesday, Thursday, Friday Scheduled Days Off Sunday, Monday, Tuesday, Saturday Week 2: Scheduled Work Hours 1900 to 0700 Wednesday, Thursday, Friday, Saturday Scheduled Days Off Sunday, Monday, Tuesday Section 3. There shall be one and one half (1.5) hours per fourteen (14) day work period that may be utilized as briefing time for the Patrol Division. Said briefing time shall be contiguous with the regular scheduled work hours, as scheduled by the Chief of Police. If the one and one half (1.5) hours per fourteen (14) day work period is not utilized for shift briefings, it is the responsibility of each officer to work the one and one half (1.5) hours during the two week work period contiguous with the regular schedule work hours. The one and one half (1.5) are to be recorded on the date(s) actually worked. 34 ARTICLE 23 WORK SCHEDULE (continued) Section 3. The following exemptions shall apply to the work period criteria provided for in this article. Under no circumstances are any exemptions, other than those specifically designated in this section of this article, allowable under this agreement. A. Employees, upon approval by the Chief of Police, shall be allowed to trade a shift or partial shift with another employee as provided for by F.L.S.A. B. Any employee requesting training opportunities may request and be granted, by the Chief of Police, a change in their regular days off and /or work hours in order to attend such training opportunities. C. Detectives may, solely at their request, alter their work hours and /or work days, upon approval by the Chief of Police, due specifically to case load and /or investigative necessity. This does not include coverage for absent officers. D. Trainees, while in Field Training Program, may be required to change shift hours and days off to accommodate such training schedule. E. Captains may, solely at their request, alter their work hours and /or work days, upon approval by the Chief of Police, due to assigned case Ioad or operational demands of the department as determined by the Chief of Police. This does not include coverage for absent officers. F. Members assigned to the Street Crimes Unit on a full -time basis, are expected to alter their work hours, and /or workdays to meet the needs of their investigation, with the approval of their Supervisor. G. Members not assigned to the Street Crimes Unit on a full -time basis may, solely at their request, alter their work hours, and /or workdays upon approval by their Supervisor. H. School Resource Officers /Sergeants will work a schedule that begins seven (7) days before the first day of the school year through seven (7) days past the last day of the school year as established by the Owasso Public Schools. During the Summer, when school is not in session, School Resource Officers /Sergeants will be assigned to a shift at the discretion of the Chief. Once assigned, the School Resource Officer's Sergeants shift will not change during the summer break. 35 ARTICLE 23 WORK SCHEDULE (continued) Section 4. Any hours worked in excess of eighty -five and one half (85 112) hours per work period or any time worked in excess of the herein designated work week shall be compensated at the rate equal to one and one -half (1 112) times the employee's regular hourly rate of pay or compensatory time at the same rate. It is agreed that an employee will not be required to take off from the regular working hours to avoid overtime compensation or compensatory time. A. Other than exceptions noted in B and C, the type of compensation will be at the sole discretion of the Officer. B. If an Officer accrues more than 240 hours of compensatory time, the manner of compensation shall be at the discretion of the Chief of Police until such time that the Officer's accrued compensatory time balance falls below 240 hours. C. For voluntary assignments and voluntary training the manner of compensation shall be at the discretion of the Chief of Police. Section 5. If an employee is called back from scheduled time off, hours worked will be compensated at one and one -half (1 112) times the employee's regular hourly rate of pay or compensatory time at the same rate. The type of compensation will be at the sole discretion of the Officer. Employees shall be guaranteed a minimum of two (2) hours pay at a rate of one and one -half (1 112) times their regular hourly rate of pay anytime the employee is called in to work other than regularly scheduled work hours, as well as, any officer being placed in an "on -call" status by the courts. However, should an officer be required to report to court such officer shall be compensated according to the above, and would not be eligible for the two hours "on -call" compensation. If an officer accrues more than 240 hours of compensatory time, the manner of compensation shall be at the discretion of the Chief of Police until such time that the Officer's accrued compensatory time balance falls below 240 hours. ' Section 6. For computation of employee work hours, all vacation leave and compensatory time will be considered time actually worked. 36 ARTICLE 24 Section 1. As used herein, the term Seniority shall refer to, and be defined as, the continuous length of service within the Owasso Police Department, or for those employees who hold rank and /or classification, the continuous length of service within rank and /or classification within the Owasso Police Department. Seniority for employees with the same hire dates shall be determined by random selection. Seniority for employees with the same promotion date shall be determined by the highest promotional score at the completion of testing. The classification of Senior Patrolman and Master Patrolman have rank parity with Patrolman, such classifications are an indication of a level of experience with the department and education as established by the Oklahoma Council on Law Enforcement Education and Training, not an indication of seniority. Section 2. Seniority lists shall be established and updated by the lodge as of first day of July of each fiscal year, and such shall remain unchanged but for circumstances hereinafter set forth. Section 3. After the effective date of this Agreement, seniority for employees hired or rehired shall commence on the date of hire or rehire. ( Section 4. Except where impractical due to skill levels of employees, or experience of employees, or where specific working conditions, or assignment to specialty unit(s) exist which would preclude certain employees from working specific shifts, and considering required manning levels, seniority will be the dominate factor to be considered by the Chief of Police, or his/her designated representative, in reaching the following determinations, to -wit: A. Squad /Shift assignment; provided however that general shift change assignments shall occur only one (1) time per year, which shall occur on the beginning of the first pay period of each calendar year. 1. In the event of a mid -year uromotion(s) a mid -year shift bid shall occur, unless mutually agreed upon between the Chief of Police and the Lodge to delay the shift bid. B. Assignment to Specialty Unit(s): Canine Officers will be in a separate squad /shift bid excluded from the Patrol division squad /shift bid assignment, based on seniority within the unit. If more than one officer is selected at the same time, seniority will be based on the ranking in the testing process. However, supervisors who are also designated as a Canine Officer will continue to participate in the Supervisor squad/shift bid assignment. C. Assignment to Specialty Unit(s): Officers newly assigned to the Detective Division will not be eligible to participate in a squad /shift bid assignment for two years from the date of assignment to the Detective division. 37 ARTICLE 24 SENIORITY (continued) D. Granting of vacation leaves requested sixty (60) days in advance; vacation leaves requested at least sixty (60) days in advance shall require written approval or denial with explanation, within forty -eight (48) hours of expiration of sixty (60) day limit. Those requests for vacation leave not made sixty (60) days in advance shall be granted on a first- come -first -serve basis with written approval or denial with explanation provided to employee within forty -eight (48) hours of submission of vacation request. Vacation shall not be requested more than one hundred and eighty days (180) days in advance. It is agreed that the Chief of Police, or his /her designated representative, will make every effort to approve requested time off as submitted, in whole. E. Scheduling of comp time cannot be more than one hundred and eighty days (180) days in advance and not less than two (2) days in advance unless such request does not place the shift below minimum manning, or does not unduly disrupt the department. Section 5. In the event of a reduction in force, employees shall be laid off in the reverse order of seniority. Employees shall be recalled from layoff status by seniority to be determined from the original date of hire. Recall rights shall be preserved for a period of eighteen (18) months from the date of layoff. Notice of recall shall be mailed by certified mail to employees to their last place of residence shown on Employer's personnel records, as well as written notice shall be given on the same date to the Lodge President or his designated representative. Any employee who fails to report for duty within thirty (30) working days following receipt of notice of recall or within thirty (30) working days following attempted delivery of such notice or the same is unclaimed or otherwise not actually received, shall be deemed as having permanently terminated his employment. Section 6. The provisions of this Article shall be construed to encompass all seniority rights in existence on the effective date of this Agreement. City of O asso Date OP L ge 1414 Date 38 ARTICLE 25 RETIREMENT AND PENSION Section 1. For those Employees who are members of the Oklahoma Police Pension and Retirement System the Employer shall appropriate funds for the use and benefit of the System, as provided by Oklahoma Statutes, Title 11, ss 50 -109. Section 2. The Employer -paid four percent (4 %) of each Employee's required eight percent (8 %) contribution toward the Oklahoma Police Pension and Retirement System previously provided for in Article 25 is included in the base pay provided in Article 33 as of the 2013 -2014 contract year. 39 ARTICLE 26 INSURANCE Section 1. Each employee of the bargaining unit shall receive the same insurance benefit package that is provided to other City employees, including but not limited to: A - Hospitalization B - Medical C - Vision D - Dental E - Life The carriers of the preceding types of insurance will be determined by the Employer. All costs for Employee insurance coverage and annual biometrics screenings will be paid by the Employer. Should a member of the bargaining unit elect not to participate in the annual biometrics screening coordinated by the Employer, such Employee shall be charged $25 per month for Medical Insurance. Members of the bargaining unit may elect, if applicable, dependent coverage for all of the above listed insurance, the cost for dependant coverage will be paid the same as is provided for other City employees. Section 2. The employer will pay to the Lodge the sum of $3.50 per month for each employee in the bargaining unit who is a policy holder of the Fraternal Order of Police Legal Defense Plan for the purpose of applying toward the premium costs of the same. (It is understood this is "additional" funding for legal defense insurance only and not assignable or re- assignable to or for any other purpose.) Section 3. The Lodge agrees to provide the City a copy of invoices from the insurer and a roster of members of the bargaining unit who are enrolled in the Fraternal Order of Police Legal Defense Plan by the fifth (5th) day of the month for the purposes of calculating the amount due the Lodge. ,y ARTICLE 27 UNIFORM AND EQUIPMENT Section 1. For the Fs°ai year, the Fimpleyer shall pay eaeb unifeEmed mefaber of the Ledge with one year Gerderity, auaifbFm�equipmant allewanee in the amount of Eig HundFed Fifty Dollars ($890.00). Sueh payment shall be made an the secend pay date in July. These members " ig a to the detertive divi The employer shall ressive a pay each member of the bargaining unit a clothing /equipment allowance in the amount of Twelve Hundred Dollars ($1200). Payment shall be made in two equal payments of Six Hundred Dollars, the first on the first paydate in July and the second on the first paydate in Deeember November. The Employer shall pay a prorated uniform allowance to each member of the bargaining unit upon the completion of his /her one -year probationary period. Such prorated uniform allowance shall be based upon the amount of uniform allowance designated herein Section 1 and the number of months remaining until the next July payment date. Section 2. The Employer shall provide for cleaning of uniforms. The Employer shall also provide for cleaning of clothing utilized by detectives in the performance of their duties. Such cleaning shall be arranged for in such manner as to assure a local depository/pick -up in the event of servicing outside the municipality which is in the Employers discretion. Section 3. The Employer shall provide for all new members of the Police Department hired - after July 1, 2013 a complete issue of new or like new uniforms, to include the following: A. four (4) uniform shirts, short sleeve: B. four (4) uniform shirts, long sleeve; C. four (4) uniform trousers; D. all leather gear; E. two (2) pairs handcuffs; F. two (2) badges; G. one (1) police style rechargeable flashlight; H. one (1) bullet resistant vest; I. one (1) all weather jacket; J. inclement weather gear; K. one (1) box of ammunition as specified in Section 4 of this article; L. one (1) Air Force Round hat; M. one (1) expandable baton; N. one (1) canister of defensive chemical spray; O. two (2) pairs of collar brass; P. one (1) whistle chain; Q. one (1) whistle; R. two (2) metal name tags; 41 ARTICLE 27 U_ NIFORM AND EQUIPMENT (continued) S. one (1) police equipment bag; T. two (2) metal report folders; U. two (2) metal citation folders; V. all nylon duty gear; W. one (1) outer carrier for bullet resistant vest; X. and any other uniform or equipment that is required, including but not limited to special clothing and equipment necessary for K9 Officer, Motorcycle Officer and other specialized assignments. Section 4. Since employees are required to carry and use only approved ammunition, the Employer shall, during the term hereof, provide each employee fifty (50) rounds of Employer- approved hand -gun ammunition, same to be utilized only in the course of duty. Those employees who have qualified annually with department issued or department approved shotguns, such employees shall receive ten (10) rounds shot -gun shells consisting of five (5) rounds #00 buckshot and five (5) rifled slugs. To those employees who have qualified annually with department issued or department approved rifles, such employees shall receive fifty (50) rounds of ammunition. The Employer- approved duty ammunition shall be issued once a year to each employee, on or before December 15th. ( Section 5. The Employer shall provide each member of the bargaining unit a bullet- resistant vest of a design approved by the Chief with input from the Health and Safety Committee. Such vest shall be maintained by the Employer at no cost to the employee and shall be replaced in accordance with manufacturer's recommended replacement schedule. At the request of the employee a new outer carrier will be provided at the same time the bullet - resistant vest is replaced. This item of safety shall be the sole property of the City of Owasso. However, upon request, the bullet- resistant vest shall become the property of the employee at retirement. In no case shall an employee be denied a replacement vest in the event the one in current use exceeds the manufacturer's suggested replacement schedule or becomes damaged. An individual employee may choose to purchase a bullet resistant vest of a make or model different from that selected by the Employer for issue. In the event such a selection is made, the Employer shall pay a portion of the cost equal to the cost of the vest issued by the Employer, provided, however, that such vest shall become the sole property of the Employer requiring no reimbursement whatsoever for a period of one year from date of purchase. However, upon request, the bullet- resistant vest shall become the property of the employee at retirement. Bullet - resistant vests that exceed the manufacturer's suggested replacement schedule shall become the property of the employee. Threat Level III or higher vests shall be the sole property of the City of Owasso, and shall not become the property of the employee under any circumstance. 42 c ARTICLE 27 UNIFORM AND EQUIPMENT (continued) Section 6. Once an employee completes his /her initial probationary period, the following items shall become the sole property of that individual officer: Four (4) uniform shirts, short sleeve; Four (4) uniform shirts, long sleeve; Four (4) uniform trousers; One (1) Air Force Round hat; Two (2) pairs collar brass; One (1) whistle chain; One (1) whistle Two (2) metal name tags The City shall be responsible for the repair and replacement of uniforms and equipment listed in Section 3, but not normal wear and tear of uniforms and equipment listed in Section 6. Section 7. Members of the bargaining unit with ten (10) years of service and an honorable discharge will be allowed to keep all badges that include the officer's badge number. Members with between five (5) and ten (10) years of service and an honorable discharge may request approval from the Chief of Police to keep one badge that includes the officer's badge number. Section 8. In consideration of the fact that assignment to the detective division requires the Employee to purchase clothing other than traditional uniforms, the Employer shall provide a prorated uniform allowance to officers upon initial appointment to the detective division. Such prorated uniform allowance will be based on the detective clothing allowance designated herein Article 27, however such prorated uniform allowance will be reduced by Eight Hundred Fifty Dollars ($850.00) annual uniform allowance received herein Section 1 of this Article 27. Section 9. For appearance and safety reasons members of the bargaining unit shall not wear jewelry while on duty, with the exception of a wedding ring and a watch. Jewelry worn underneath the uniform that is not visible will be allowed. City of Owasso Date AOPIefige A#141) 'Dat6 EM ARTICLE 28 PERSONAL PROPERTY New Section 1. The intent of Article 28 is to establish Parameters for the City to replace Personal Property that is legitimately damaged while performing unavoidable work duties The City shall not fund replacing Personal property damaged destroyed lost or stolen while on dutv due to gross negligence Section 1.2 The Employer shall repair, replace, or reimburse employee at Employer's expense, employee's personal property which is damaged, destroyed, lost or stolen, ordinary wear and tear excepted, while on duty unless it is shown by the Employer that the employee was negligent in incurring loss or damage to the personal property of employee. The maximum expense the Employer shall have by virtue to this Article shall be limited to $3,500 per officer, per incident. Watches, laptops and mobile technology (excluding phones) are limited to $200 per item per incident. Mobile phones are limited to $1,000 per incident. To be eligible for coverage phones must be kept in a protective case. Said expense shall not include the cost of an officer's personal weapons that may need to be repaired or replaced. Section-2-3 In order to be eligible for repair, replacement, or reimbursement, all items of personal property must be on an inventory list which shall be maintained by the Chief of Police. Inventory lists including an estimate of value of each item shall be updated twice per year (July 15 and January 15). An employee may add to or delete from the list at any time. The total value of the items listed on the inventory shall not exceed $3,500, except by approval of the Chief of Police. Officer owned weapons shall be listed on the inventory list, but the ( weapons value shall not be counted toward the $3,500 maximum value. Weapons that may be carried on duty are those that are approved by policy. Clothing items that are worn on duty will be recognized as the uniform of the day and will not have to be listed on the inventory, in order to be covered. Sections 4 When repair, replacement or reimbursement is requested, such request shall be accompanied by a report specifying the incident or actions surrounding the damage or loss. If damaged and recoverable, the employee shall present the damaged article to the Employer for inspection. If replaced, the salvaged item(s) shall become the property of the City of Owasso. Section 4.5 Repair, replacement or reimbursement will be at the employer's sole discretion, and will not include items covered by individual's personal insurance. City of O asso Date OP dge #1 9 Date 44 ARTICLE 29 TEMPORARY ASSIGNMENT Section 1. Any employee assigned additional supervisory duties not consistent with the normal duties of their rank for any period of time, shall receive a temporary increase in pay for the period of time such "acting" assignment is in effect. Section 2. The amount of pay shall be consistent with the position and duties to be performed, but shall not necessarily be equal to the pay received by the absent employee. Such temporary pay increase shall be consistent with the adopted pay schedule guideline. Section 3. When a Lieutenant in charge of a shift is gone because of vacation Ieave or compensatory time leave, the Sergeant on the shift will assume command of the shift without being considered working under "temporary assignment" and will not receive "temporary assignment" pay. Section 4. In the event the Lieutenant in charge of a shift is gone for any reason, for a period of thirty (30) calendar days or more the Sergeant on the shift shall receive a temporary increase in pay for such time "acting" assignment is in effect beginning on the thirty -first (3 1) consecutive day of the Lieutenant's absence. The amount of pay shall be consistent with Lieutenant's pay and the adopted pay schedule guidelines, but shall not necessarily be equal to the pay received by the absent employee. In the event the Lieutenant in charge of a shift is on light duty and working regular shift assignment, for a period of thirty (30) calendar days or more, including consecutive days of absences, the Sergeant on the shift shall receive a five percent (5 %a) increase in pay on the thirty -first (3 1) consecutive day. Section 5. Employees with less than five (5) years of experience with the Owasso Police Department shall not be eligible for "temporary assignment ". Section 6. Employees with disciplinary suspensions without pay exceeding sixty (60) consecutive hours shall not be eligible for "temporary assignment" for one (1) year from the date of discipline. Employees with disciplinary demotion shall not be eligible for "temporary assignment" for two (2) years from the date of discipline. 45 ARTICLE 30 EDUCATION INCENTIVE Section 1. Tuition Reimbursement. The Employer shall pay tuition costs, under the limitations hereinafter set forth in this Article, for required or elective courses leading to a Bachelor's degree. A. The tuition herein provided shall not exceed the tuition cost for comprehensive universities and colleges as established by the Oklahoma State Regents for Higher Education. B. Course(s) on which reimbursement will be requested must be part of a Degree plan and must be approved by the Chief of Police prior to enrollment. If reimbursement is being sought for a Master's Degree or beyond, approval of the City Manager or his /her designee must be obtained prior to enrollment. C. Employees must receive at least a 2.0 on a 4.0 scale or a minimum of a "C" grade on a letter grade scale in each course. Failure to maintain a "C" grade in a course will result in non - payment of tuition for those hours. D. Upon verification of satisfactory completion of the course, reimbursement for the tuition shall be made to the employee. Section 2. College Education Compensation. Each member of the bargaining unit is entitled to receive additional compensation for college level education accomplishments in a law enforcement related field as follows: A. Any employee may request pay in the amount of One Dollar ($1.00) per month per credit hour for successfully completed college credit hours to a maximum of seventy - five hours. B. Any employee holding an Associate Degree shall be paid One Hundred Dollars ($100.00) per month in addition to the employee's base pay. C. Any employee holding a Bachelors Degree shall be paid One Hundred and Twenty -Five Dollars ($125.00) per month in addition to the employee's base pay. D. Any employee holding a Graduate Degree shall be paid One Hundred and Fifty Dollars ($150.00) per month in addition to the Employee's base pay. E. Payment for an Associates, Bachelors, or a Graduate Degree will be made for those degrees conferred in any area of study in a law enforcement related field. Payment for college hours shall be based on the following criteria: ARTICLE 30 EDUCATION INCENTIVE (continued) 1. Employee must receive at least a 2.0 grade point average on a 4.0 scale or a minimum of a "C" grade on a letter grade scale. 2. A copy of the transcript must accompany each request and any request for increasing such pay. 3. Payment for course hours will be allowed if justification is given indicating such hours were required to pursue a Degree in a law enforcement related field (i.e. college handbook outlining degree prerequisites and electives). F. An officer holding multiple degrees shall only receive the compensation identified for the highest single degree for which the officer qualifies. 47 ARTICLE 31 LONGEVITY PAX Section 1. Employer shall pay each employee covered by this agreement longevity pay. Longevity pay shall commence on the employee's fifth employment anniversary, at the rate of $.25 per hour. On the employee's sixth employment anniversary the employee's longevity pay shall increase to the rate of $.60 per hour, and the employee shall receive a further increase of $.10 per hour each year thereafter. Section 2. Longevity pay is paid based on seniority as a member of the bargaining unit. However, it is agreed that the Memorandum of Understanding /Agreement signed on December 2, 2014 by the City and the Lodge relating to longevity calculation remains in effect as a part of this contract. M ARTICLE 32 DETECTIVE "ON- CALL" PAY Section 1. A minimum of one detective shall be placed on an "on -call" rotation schedule. "On -call" shall be deemed to mean the following: A. The employee is free to go or remain at any location of the employee's own choosing, so long as the employee can call -in within ten (10) minutes of receiving a call to work, and as long as the employee can respond to the requested location within one (1) hour of receiving a call to work; B. The employee is free to use the waiting time for any personal matters the employee chooses; C. The employee must remain sober while on -call; D. The employee must carry a working pager, or otherwise leave a telephone number with dispatch, where the employee who is on -call can be reached if needed. E. The Chief of Police will establish a bi- annual on -call rotation schedule. Section 2. Detectives shall receive "on call" compensation in the amount of $26 per day. If an "on -call" detective fails to respond to the requested location within one hour of being called, on more than one occasion during a contract year, the "on -call" compensation shall be forfeited for that day. "On call" pay will be payable with normal payroll cycles. ARTICLE 33 COMPENSATION Section 1. There is created for pay purposes, a standard "Police Department Pay Plan." For the purpose of this Labor Agreement, effective My 1, 2018 July 1. 2019 each employee of the bargaining unit shall receive compensation based on the "Police Department Pay Plan A" included in this agreement according to the employee's range and step as of June 30, 2048 2019. Effective January 1 2020 each employee of the bargaining unit shall receive compensation based on the "Police Department Pay Plan B" included in this agreement according to the employee's range and step as of December 31 2019 Employees hired under experienced based pay will be placed in the appropriate pay plan according to the years of service compensation is based on. A. New hires shall begin at Entry Level except when the new Officer is already a State Certified Peace Officer with prior law enforcement experience as a State Certified Peace Officer at another law enforcement agency within this State or otherwise. Should a State Certified Peace Officer with experience at another law enforcement agency be hired, the Chief of Police shall conduct a review of the individual's qualifications and experience and determine the appropriate entry-level salary within Range 1. No Officer shall be brought in at a step higher than Step E. New hire placement at a step other than entry level will only affect the employee's advancement on the Police Department Pay Plan. B. Pay Plan Advancement for current Officers and Officers hired at Entry Level. Upon completion of the initial employment probation period of service, all Police Officers shall advance to Range I, Step A. Thereafter Officers shall advance one step each year of service effective on the employment anniversary date of the employee. Step advancements will automatic throughout the term of this agreement. C. Pay Plan Advancement for Officers hired at a Step other than Entry Level. Officers shall advance one step per year of service effective on the employment anniversary date of the employee. Step advancements will be automatic throughout the term of this agreement. Section 2. In cases of transfer and /or promotion, the employee will advance to the same pay step in the appropriate range for his new job classification after which the employee shall continue to advance in the Pay Plan, according to Section B and Section C, effective on the employment anniversary date of the employee. 61f, ARTICLE 33 COMPENSATION (continued) Section 3. The following job classifications shall be compensated at the rate specified in the "Police Department Pay Plan" as follows: Officer Range 1 Sergeant Range 2 Lieutenant Range 3 Captain Range 4 \ j 51 Owasso Police Department Pav Plan A Pav Plan FY24U -1-9 2ni4_2n The amounts in Pay Plan A shall increase by $0.50 per hour OJe-c c c sre ,( *6— V Entry Level A 1 ea r* B 2 ear * C 3 ear ` D 4 ear ` E 5 ear * F 6 ear * G 7 ear * H (8 year)* I 9 ear * J 10 ear * K 11 ear * Patfel 4919 19.92 2968 24:44 22 26 23.4 23.95 24.85 25 2 26.49 27.82 2998 L4 23 34 2444 26 2533 27.80 3938 1 26.29 27 29 2933 29.41 3952 3471 29.84 3455 29.95 32-6 3 89 34.42 32.28 3544 33.54 364-7 34 52 39:22 Owasso Police Department Pav Plan B The amounts in Pay Plan B shall increase by $1.00 per hour o'vvr c urrcnT c wasso Date r� . T -- --- — 52 Police Department Pay Plan A i RU+9-5 Qge.r t Ve -11)1\(� New E New New G Entry New A New 8 New C New D Patrol 19.69 20.42 21.18 21.94 22.76 Sergeant & 24.01 24.91 Lieutenant $ 27,27 Captain 26.99 i RU+9-5 Qge.r t Ve -11)1\(� New E New F New G New H New I New J New K 23.60 24.46 25.38 26.32 26.99 28.32 29.40 25.83 26.79 27.79 28.83 29.91 31.02 32.21 28.30 29.34 30.45 31.59 32.78 34.01 35.32 31.00 32.15 33.36 34.62 35.94 37.27 38.72 Police Department Pay Plan B �CJ,j,- s 2 ecf V� I/l/au New E New 0.00% Entry New A New B New C New D Patrol 20.19 20.92 21.68 22.44 23.26 Sergeant 25.41 Lieutenant MMMMj2j4.51 27.77 Captain 27.49 �CJ,j,- s 2 ecf V� I/l/au New E New F New G New H New I New J New K 24.10 24.96 25.88 26.82 27.49 28.82 29.90 26.33 27.29 28.29 29.33 30.41 31.52 32.71 28.80 29.84 30.95 32.09 33.28 34.51 35.82 31.50 32.65 33.86 35.12 36.44 37.77 39.22 ARTICLE 34 DRUG & ALCOHOL TESTING The Lodge and the City recognize the need to conform to the Oklahoma Standards for Workplace Drug and Alcohol Testing Act, 40 O.S. Section 551 et seq. and the need to maintain a safe work environment free from hazards of drugs or alcohol for the safety of both Police personnel and the citizens. Therefore both parties agree that drug and alcohol testing shall be administered in accordance with the Oklahoma Standards for Workplace Drug and Alcohol Testing policy within the City of Owasso's Personnel Manual. 53 ARTICLE 35 WELLNESS PROGRAM Section 1. It is the intent of this article to enter into an agreement between the Fraternal Order of Police Lodge //149 and the City of Owasso to implement a Wellness Program that will improve the fitness standards within the Police Department. The Lodge and City agree that increased fitness standards will lower the incidents of on the job injury as well as the use of sick leave. Section 2. The City agrees to pay a per month program fee of up to Fifteen ($15.00) dollars for each member of the bargaining unit who signs up to participate in a voluntary fitness program. The voluntary fitness program will be available for sign -up twice a year, between June 1S1 and June 30 "' and December 1" and December 31" of each year. Members are responsible for providing proof of participation that documents participation the physical fitness program of their choice at least once within any seven (7) day period, excluding time used for vacation or extended sick leave. Participating members must agree to allow the fitness facility to release individual goals, progress and participation dates to the employer on a monthly basis. Participating members working out while not on duty are not covered by Worker's Compensation. Should a participating member not take part in his /her physical fitness program at least once within any seven (7) day period, excluding time used for vacation or extended sick leave, that ( member shall not be eligible for that month's reimbursement. Section 3 . Reimbursements shall be made through payroll, applicable taxes will be withheld. In order to be eligible for the quarterly reimbursement members must provide proof of participation by the 15th of the month following the end of each calendar quarter. • July /August /September proof of participation due by October 15th • October /November /December proof of participation due by January 15th • January /February/March proof of participation due by April 15th • April /May /June proof of participation due by July 15th 54 i ARTICLE 35 WELLNESS PROGRAM (continued) Section 4. This section provides an incentive to Owasso Police Officers to actively participate in a voluntary Physical Fitness Program. The program will utilize the Cooper's Fitness Test. The test involves five (5) categories that measure varied aspects of fitness utilized in the performance of Police duties. Each category provides ways for the Officer to accumulate points which are calculated to determine eligibility for the incentive award. Members of the Bargaining Unit who voluntarily participate in the Physical Fitness Program and test in at least three categories will be credited with two comp hours. z 1. The Cooper Fitness Test will be administered b_i- annually in October and April. The points will be calculated from five (5) categories with point values based on the Cooper Fitness Test. The points and record forms will be maintained by a designated OPD Fitness Coordinator selected by the Chief of Police. The forms will be agreed upon by the Lodge and Chief of Police. 2. The incentive program involves an awards program with three categories The categories are "Gold Award" which requires 40 points the "Silver Award" which requires 35 points and the "Bronze Award" which requires 30 points. a) The "Gold Award" = sixteen (16) vacation hours the "Silver Award" = ten (10) vacation hours and the "Bronze Award" = six (6) vacation hours. 55 No ......... . .... I z 1. The Cooper Fitness Test will be administered b_i- annually in October and April. The points will be calculated from five (5) categories with point values based on the Cooper Fitness Test. The points and record forms will be maintained by a designated OPD Fitness Coordinator selected by the Chief of Police. The forms will be agreed upon by the Lodge and Chief of Police. 2. The incentive program involves an awards program with three categories The categories are "Gold Award" which requires 40 points the "Silver Award" which requires 35 points and the "Bronze Award" which requires 30 points. a) The "Gold Award" = sixteen (16) vacation hours the "Silver Award" = ten (10) vacation hours and the "Bronze Award" = six (6) vacation hours. 55 C r� ARTICLE 36 SHIFT DIFFERENTIAL The City will establish a shift differential pay to all officers that have bid to work "Shift Two' (Night Shift). The amount will be an additional $0.20 $0.50 (fifty cents), added to the base rate of officers assigned to "Shift Two" (Night Shift). '\ —M I u �. 56 � u: 4e F..;,. ,. REAL Ppeple •REAL Lhancbr •REAL Communlry TO: The Honorable Mayor and City Council FROM: Michele Dempster Human Resources Director SUBJECT: International Association of Firefighters Contract for FY 2019 -2020 DATE: June 14, 2019 BACKGROUND: The International Association of Firefighters Local #2789 (IAFF) and the City have been meeting to negotiate a contract for Fiscal Year 2019 -2020, and have reached a tentative agreement. The proposed contract has been ratified by the IAFF. PROPOSED CONTRACT: The proposed contract is a two year term and provides for the following monetary changes: Year One o 3% across the board increase effective July 1, 2019 Year Two 0 1.5% across the board increase effective July 1, 2020 0 1.25% across the board increase effective January 1, 2021 The increase in costs for year one is $298,128 and $229,288 for year two. In addition, the following non - monetary changes are included in the proposed contract: • Language agreeing to continue the contract for a second year upon ratification prior to June 30, 2020. • Modification of the Grievance Article to provide the option of the three arbitrator panel upon request of the City or the IAFF for discipline greater than a written reprimand, and implementation of a grievance process for a documented verbal counseling or a written reprimand submitting lower level discipline in writing to the selected arbitrator for consideration. As well as outlining selection requirements for eligible arbitrators. • Addition of language restricting shift overtime for forty -hour a week personnel. • Modification of vacation and sick accrual to bi- weekly instead of monthly. RECOMMENDATION: Staff recommends approval of the FY 2019 -2020 contract between the City of Owasso and the International Association of Firefighters, Local #2789, and authorization for the Mayor to execute the contract. ATTACHMENT: Recommended IAFF Contract with Strikeouts AGREEMENT BETWEEN THE CITY OF OWASSO, OKLAHOMA A MUNICIPAL CORPORATION "011 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL NO. 2789 duly 1, 2018 June July 1, 2019 - June 30, 2020 ARTICLE I PURPOSE OF AGREEMENT It is the intent and purpose of this Agreement, entered into by and between the CITY OF OWASSO, OKLAHOMA, hereinafter referred to as EMPLOYER and LOCAL N0.2789, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS AFL /CIO /CLC, hereinafter referred to as UNION, Employees, Members of the Bargaining Unit to achieve and maintain harmonious relations between the parties hereto and to provide for the equitable and orderly adjustment of grievances which may arise during the terms of this Agreement. ARTICLE 2 RECOGNITION The Employer recognizes the Union as the exclusive bargaining agent for all employees of the Fire Department, except the Chief, one designated Administrative Assistant, civilian employees, and probationary employees. rd ARTICLE 3 MU'T'UAL RESPONSIBILITY TO AVOID DISCRIMINATION Section 1. Nothing in this Agreement shall be interpreted as diminishing the obligation of both parties to undertake affirmative action to insure that applicants or employees are treated without regard to race, color, religion, sex, national origin, status of Union membership, or political affiliations. Specifically, pursuant to Equal Employment Opportunity Commission Guidelines, each party is obligated to take positive action in affording equal employment, training and promotional opportunities to all members, as required by Title V11 of the Civil Rights Act of 1964, as amended. Additionally, nothing in this Agreement shall be interpreted as diminishing the obligation of both parties to comply with the provisions of the Fair Labor Standards Act, or any duly adopted Department of Labor Regulations promulgated thereunder. Section 2. In the event that any portion of this Agreement unintentionally conflicts with the Employer's capability to be in compliance with said Acts, the EEOC Guidelines and Department of Labor Regulations will be overriding to that portion of this agreement. ARTICLE 4 GENDER CLAUSE "Gender". A word importing one gender only shall extend and be applied to both genders. ARTICLE 5 AUTHORITY AND TERM Section 1. The Employer and the Union have, by these present, reduced to writing the collective bargaining Agreement resulting from negotiations entered into by the Employer and the Union. Section 2. This Agreement shall become effective on the first day of r"' July, 2019 and shall remain in full force and effect until midnight, June gin June 30, 2020. The Employer and the Union agree that on or before June 30 2020 each shall ratify all articles of this agreement to provide for a continuation of this agreement for fiscal Year July 1. 2020 to June 30 2021 Section 3. Whenever wages, rates of pay, or any other matters requiring appropriation of monies by the Employer are included as a matter of collective bargaining, it shall be the obligation of the Union to serve written notice thereof one hundred twenty (120) days prior to June 23' of each year, the last day on which monies can be appropriated by the Employer to cover the Agreement period which is the subject of the collective bargaining procedure. Section 4. It shall be the obligation of the Employer and the Union to meet at a reasonable time and confer in good faith with representatives of the Union and Employer ten (10) days after receipt of written notice from the Union or Employer requesting a meeting for purposes of collective bargaining. Section 5. In the event the Union and the Employer are unable, within thirty (30) days from and including the date of the first meeting to reach an agreement, any and all unresolved arbitrable issues may be submitted to arbitration at the request of either party. 0 K-1 City of Owasso Date IAFF Local #2789 Date ARTICLE 6 MANAGEMENT RIGHTS AND RESPONSIBILITIES Section 1. Union recognizes the prerogative of Employer to operate and manage its affairs in all respects and in accordance with its responsibilities, and the powers or authority which the Employer has not officially abridged, delegated, granted or modified by this Agreement are retained by the Employer, and all rights, powers and authority the Employer had prior to the signing of this Agreement are retained by the Employer, and remain exclusively without limitation within the rights of the Employer. Section 2. Except as may be limited herein, the Employer retains the right in accordance with the Constitution, the laws of the State of Oklahoma, and the Charter of the municipality and the responsibilities and duties contained in the laws of the State of Oklahoma and the ordinances and regulations promulgated thereunder: A. To determine Fire Department policy, including the rights to manage the affairs of the Fire Department in all respects, except as stated above; B. To assign working hours, including overtime; C. To direct the members of the Fire Department, including the right to hire, terminate, suspend, discipline, promote or transfer any Firefighter; D. To determine the table of organization of the Fire Department, including the right to organize and reorganize the Fire Department and the determination of job classifications and ranks based upon duties assigned; E. To determine the safety, health and property protection measures for the Fire Department; F. To allocate and assign work to Fire Fighters within the Fire Department; G. To be the sole judge of the qualifications of applicants and training of new employees; H. To schedule the operations and to determine the number and duration of hours of assigned duty per week; I. To establish and enforce Fire Department rules, regulations and orders; ARTICLE 6 MANAGEMENT RIGHTS AND RESPONSIBILITIES (Continued) J. To introduce new, improved or different methods and techniques of operation of the Fire Department or change existing methods and techniques; K. To determine the amount of supervision necessary; L. To control the departmental budget; and M. To take whatever actions may be necessary to carry out the mission of the employer in situations of emergency. ARTICLE 7 PREVAILING RIGHTS Section 1. All rules, regulations, fiscal procedures, working conditions, departmental practices and manner of conducting the operation and administration of the Owasso Fire Department currently in effect for and with respect to the members of the Fire Department on the effective date of this Agreement, which are not included in this Agreement, shall remain in full force and effect, unchanged and unaffected in any manner, unless and except as modified or changed by the specific terms of this Agreement. 10 ARTICLE S PROMBITION OF STRIKES Section 1. During the term of this Agreement, the Union agrees to a prohibition of any job action, i.e. strikes, work slowdowns, mass absenteeism, or being a party to such activities. The Union shall not be in breach of Agreement where the acts and actions enumerated above are not caused or authorized by the Union. Section 2. Upon notification confirmed in writing by the Employer to the Union that certain of its members are engaged in a job action, the Union shall immediately, in writing, order such member to cease the job action and return to work at once and provide the Employer with a copy of such an order. Additionally, a responsible officer of the Union shall publicly order all employees participating in a job action to cease such action. Section 3. Nothing contained in this Article shall be construed to limit, impair, or affect the right of the Union or any other member of the bargaining unit to the expression or communication of a view, grievance or complaint or opinion or any matter related to conditions or compensation of employment or their betterment so long as the same does not interfere with the full, faithful and proper performance of duties of employment. 11 ARTICLE 9 BARGAINING UNIT RIGHTS AND SECURITY Section 1. Bulletin Boards. The Employer shall provide space in all fire stations for Union bulletin boards. Materials posted on bulletin boards shall be limited to Union business, notice of meetings, seminars, workshops, legislative reports, safety bulletins, etc. No materials of a subversive or derogatory nature or political endorsements shall be posted. Section 2. Time Off for Union Business. After written notice to Fire Chief or Designated Administrative Assistant, Union representatives may be granted time off without loss of pay to conduct bona fide Union business, provided however, that time off will not impede the proper operations of the Fire Department and adequate manpower is available, as determined by the Fire Chief or his designated Administrative Assistant. 12 ARTICLE 10 PERSONNEL FILES Section 1. It is agreed that with all materials concerning investigation, complaints, reprimands, counseling sessions for violations of any rules, regulations or policies, that might be considered detrimental to the employee's position advancement or future with the Department, that are to be placed in the employee's personnel file, that the Employer shall notify said employee of such action and the employee shall be given the proper opportunity to appeal such action before it becomes a part of his personnel file. Section 2. A Fire Fighter shall be allowed to review his personnel file under supervision at any reasonable time upon written request to the Fire Chief. Section 3. Recognizing that disciplinary actions provide a basis for training and counseling and are not meant to perpetually penalize an employee, the following procedure is hereby established: Procedure A. Employees may request that disciplinary actions be sealed according to the following schedule: L Written reprimands and notice of oral reprimands with no recurrence after one (1) year may be sealed. 2. Suspensions three (3) days or less than three (3) days, without recurrence, after two (2) years. 3. Suspension more than three (3) days, without recurrence, after two (2) years. 4. Disciplinary probation after two (2) years from the termination of such probation if no other disciplinary action has occurred during that period. B. Written Requests for sealing of disciplinary actions should be directed to the office of the Fire Chief. C. The Human Resources Department shall be notified in all cases where sealing of disciplinary action is taken, and City Personnel file copies will be sealed or destroyed accordingly. D. The sealed action shall not be held to discriminate against the employee in any subsequent disciplinary action, or in the event of impending promotion, merit step raise, transfer, special requests, modification of duty, vacation selection, application for other employment, or against any other action the employee may take for his personal improvement or betterment. 13 ARTICLE IO PERSONNEL FILES (Continued) E. Once sealed, the file shall not be opened unless the employee request such unsealing; however, the employee may review investigative reports pertaining to the actions; or at the discretion of the Fire Chief who may deem it necessary to the employee's welfare to do so; but, in any case, the employee is to be notified of the opening of the sealed file and the reason therefore. F. Upon request, all unfounded, exonerated, not sustained, and no finding complaints will be immediately removed from the employees personnel file. Such complaints shall be sealed and accessed by the City Attorney for pending litigation or for review of similar complaints which may occur within one (1) year of the original complaint. Such unfounded, exonerated, not sustained, and no finding complaints will be destroyed after five (5) years from date of occurrence. Section 4. All letters of appreciation and /or commendation received by the department regarding an employee(s) will be given to the appropriate employee(s) within five (5) business days. 14 ARTICLE 11 REGULAR AND SPECIAL MEETINGS Section 1. The Union will be permitted to hold regular and special meetings on the Employer's premises with the understanding that permission, time and location of such meetings must be approved by the Fire Chief or his designated Administrative Assistant prior to said meetings. Section 2. It is understood that the Union and the Employer will cooperate in this Agreement and excessive requests will not be made by the Union. Permission to hold meetings shall not be unreasonably denied by the Employer so long as meetings do not impede or interfere with the normal operations of the Fire Department. 15 ARTICLE 12 ORGANIZED MEAL PROGRAM Section 1. Union members will be required to participate in an organized meal program while on duty. However, if any employee is on a special diet, he/she will not be required to participate for the time period he /she is on a special diet. The amount to be contributed for meals will be determined by and contributed by the members of each duty station on each shift. However, the amount shall not be less than Five Dollars ($5.00) per shift per member. This article is not subject to the grievance procedures of this Agreement. Further it is agreed that this section of the Agreement will be enforced solely by the bargaining unit. 16 ARTICLE 13 Section 1. Seniority shall mean the status attained by length of continuous service in the Fire Department. Section 2. Where two or more employees have the same employment date, seniority shall be determined by a hiring list established subsequent to the completion of the hiring process. When two or more employees will be given the same start date, the Union shall be provided a copy of the established hiring list prior to the start date. Section 3. Seniority will be a factor to be considered by the Fire Department in determining the priority of each member to: A. Time when compensatory, vacation and holiday time off is granted; B. Shift assignment; and C. Anytime overtime is required, whether scheduled or non - scheduled, the first choice of replacement shall go to another employee meeting the following criteria: 1. has the same duty qualifications; 2. among those with the same duty qualifications, has the most seniority; and 3. provides compliance with minimum manning criteria of the department. Section 4. Seniority shall be lost upon the occurrence of any of the following: A. Discharge, if not reversed; B. Resignation; C. Un- excused failure to return to work upon the expiration of a formal leave of absence provided no reasonable excuse is found; and D. Retirement. Section 5. Promotion shall be subject to evaluation and examination of job performance and ability. Seniority will be considered, but will not be the determining factor. Any bargaining unit member serving in an acting capacity for six (6) or more consecutive months may be promoted to the vacant position without being subject to a testing procedure, as long as that employee meets the minimum qualifications for the position. Should a member of the bargaining unit serve in an acting capacity for six (6) or more consecutive months and not meet the minimum qualifications, due to budgetary constraints and /or training availability only, such member may be promoted to the vacant position without being subject to a testing procedure; provided, the member of the bargaining unit satisfies the minimum requirements for the position within twelve calendar months from the date of appointment Otherwise the member shall be demoted to the previous position occupied by the member. 17 ARTICLE 13 SENIORITY (Continued) Section b. Employees demoted as a result of administrative decisions and not based on discipline, shall be given first consideration should the position reopen and such position offered, providing however, no unusual discipline problems have occurred between the demotion and subsequent position opening. M ARTICLE 14 HOURS AND TIME EXCHANGE Section 1. There is hereby established a series of fourteen -day work periods. Shift schedule shall be on duty twenty -four (24) hours and off duty forty -eight (48) hours. Section 2. Time of shift change will be 0800 hours. Shift Commander shift change will be at 0700 hours. Section 3. Employees may have the privilege to exchange duty time, subsequent to approval by the Battalion Chief or Acting Shift Commander. The replacement employee must be of at least equal duty qualification of the employee being excused from duty. 19 ARTICLE 15 PERSONNEL REDUCTION Section 1. In the case of personnel reduction, the Employee with the least seniority shall be laid off first. In determining seniority for the purpose of personnel reduction, only time as a full -time paid Employee in the Owasso Fire Department shall be counted. Section 2. No new employee shall be hired until all employees laid -off during the past 24 -month period have been notified of any position vacancy within the Fire Department. Such notification will take place via registered mail Return Receipt Requested. Correspondence shall be sent to the Iast known address of the employee who requires notification. It will then be the duty of the employee to notify Human Resources of his intention to pursue the available position. Such response shall be received within 30 days of receipt of registered mail notification. The employee's failure to respond within the 30 -day period shall be considered an acknowledgment that the employee does not intend to reinstate his employment with the Owasso Fire Department. 20 ARTICLE 16 STAFFING Section 1. The purpose of this Article is to provide a consistent practice of staffing the fire stations and fire apparatus each shift day, during both emergent and non - emergent operations, providing the necessary staffing measures to ensure safety. A. Each fire station will be staffed with no less than three (3) personnel each day. B. The Battalion Chief or Acting Shift Commander shall not count towards the staffing minimum of three (3) per station. C. The Battalion Chief or Acting Shift Commander shall not be dedicated to any suppression apparatus or medic. D. Staffing of each station shall consist of, but not be limited to a Captain or Acting Company Officer, Driver or Acting Driver, and a Firefigbter. E. Staffing on each fire apparatus will be no less than two (2) personnel. This shall pertain to all fire engines, ambulances, ladder trucks, tankers, wildland vehicles, and Disaster Response Unit (DRU). F. The only exception to Section 1 -E of this Article is routine travel to the City Garage, or returning to a fire station following an emergency incident response, or station to station travel. All apparatus with one employee are considered out of service for an emergency response. G. Staffing on snowplow will be no less than two (2) personnel when responding as an emergency response vehicle; including when responding in support of another emergency response vehicle during emergency operations. The two (2) personnel minimum shall not apply when the snowplow is being used during non - emergency operations, including (but not limited to) the moving /removing of snow from facilities and roadways, and routine travel to the City Garage, returning to a fire station following an emergency incident response, or station to station travel. H. This Article does not pertain to administrative or command vehicles. Section 2. The Union shall be notified of any opening of a job position within the Owasso Fire Department, and when and where "advertisement of said position is being advertised, according to Equal Employment Opportunity (EEOC) regulations. 21 ARTICLE 17 SAFETY AND HEALTH COMMITTEE Section 1. The Employer and the Union agree to cooperate to the fullest extent in the promotion of safety and health, on the Employer's premises and while carrying out the mission of the Employer and the duties of the employees. For this purpose, it is agreed to establish a Safety and Health Committee to consist of two (2) members and one (1) chairperson appointed by the Union. Section 2. The Safety and Health Committee will have the authority to conduct on- site inspections of equipment, buildings, and other related areas to the occupational environment of the Bargaining Unit. They shall also have the latitude to make studies of safety equipment and practices and to conduct investigations into health hazards that may be appropriate to protect the Employer's interest as it may relate to Worker's Compensation or other liability inherent to occupational diseases and injury and to protect the employees' right to a safe employment environment. Members of the Committee may be excused from duty for the work of the Committee, subject to the prior approval of the Fire Chief. Section 3. The Union and the Employer agree to make every effort to correct safety hazards or unsafe working conditions identified by the Safety Committee. It is understood that recommendations of the Committee are not subject to the Grievance Procedure for the Agreement. Section 4. The Safety and Health Committee recommendations to correct safety hazards and /or unsafe working conditions shall be discussed by the Chairperson of the Committee, with the Chief or his designated representative. The answer shall be orally submitted by the Chief or his designated Administrative Assistant within five (5) business days to the Committee. A. If the hazard or condition is not corrected by the provision of Section 4, it shall be submitted in writing to the Chief or his designated Administrative Assistant. B. The Fire Chief shall submit his answer in writing to the Safety and Health Committee within five (5) business days. If the hazard or condition has not been corrected within that time, it then shall be sent to the City Manager for adjustment. C. The City Manager shall submit his answer in writing to the Fire Chief and the Committee in five (5) business days. 22 ARTICLE 17 SAFETY AND HEALTH COMMITTEE (Continued) Section S. All "First Notice of Injury" and accident reports will be forwarded by the worker's compensation coordinator to the Union Secretary within 72 hours of the incident. PAI ARTICLE 18 GRIEVANCE PROCEDURES Section 1. The Union or any employee covered under this, Agreement may file a grievance within ten (10) business days of the alleged occurrence, as hereinafter defined, and shall be afforded the full protection of this Agreement..,_ Section 2. Union President, Vice- Presidenit,,And Union Grievance Committee, as used hereinafter, shall be understood to mean those persons whose names have been previously identified, in writing, to the Fire Chief or his designated Administrative Assistant. It is understood and agreed that the names of such person or persons shall. be submitted to the Fire Chief, or his designated Administrative Assistant, within fifteen (15)_working days after such person or persons are elected and/or appointed. -_ Section 3. Except for documented verbal counseling or written reprimands as defimed in Section 5, of this article, -Aany controversy between the Employer and the Union or any employee concerning the interpretation, enforcement or application of any provision of this Agreement, concerning any of the terms or conditions-of employment contained in this Agreement, shall be adjusted in the following manner_ A. The grievance shall be discussed by the employee with the Chief or his designated Administrative Assistant. Said employee and one of the following; Union President, Vice - President or Grievance Committee - Chairman, shall be present at said discussion. The answer shall be submitted in writing by the Chief or his designated Administrative Assistant, within five (5) -business days to the employee(s) involved and to the Union President. B. If the grievance is not settled by the provision of Section 3A, it shall be submitted in writing to the Union Grievance Committee.. Within ten (10) business days from the written answer rendered by the Chief, or his designated Administrative Assistant, the Union Grievance Committee shall determine, in their sole discretion and judgement, whether or not a grievance exists within the terms and conditions of this Agreement. 1. If the Union Grievance Committee finds a grievance does exist, the Committee shall submit, in writing, the grievance to the Fire Chief for adjustment, within ten (10) business days of the Chiefs written answer. 2. If the Union Grievance Committee finds a grievance does not exist, no further proceedings shall be necessary. 25 ARTICLE 18 GRIEVANCE PROCEDURES (Continued) C. The Fire Chief shall submit his answer in writing to the employee involved and to the Union Grievance Committee within ten (10) business days. If the grievance has not been settled within that time, it then shall, within ten (10) business days, be sent to the City Manager for adjustment. D. The City Manager shall submit his answer in writing to the Fire Chief, the employee involved, and the Union Grievance Committee within ten (10) business days. If the City Manager and the Union Grievance Committee have not settled the grievance within that time, it may be submitted to arbitration. Grievances submitted to arbitration for adjustment shall proceed as follows: 1. Within twenty (20) business days of the City Manager's answer, the paFfie Within twenty (20) calendar days parties shall iointly request a panel of arbitrators from the Federal Meditation and Conciliation Service. a. The Employer and/or the Union shall have the option to utilize a board of three (3) arbitrators in lieu of one (1) arbitrator. The requesting party shall be responsible for the increase in cost associated with a three (3) arbitrator panel i. The parties shall jointly request a panel of fifteen (15) for a board of three (3) arbitrators. ii. The parties shall jointly request a panel of nine (9) arbitrators for one (1) panel arbitrator. b. Arbitrators must have NAA affiliation (National Academy of Arbitrators). c. The Employer and the Union each may exercise the option to request a new panel once per arbitration selection process 2. Within ten (10) business days from the receipt of such panel, a representative of the Union and the City shall meet and alternately strike names until one (1) or three (3) arbitrators remains who shall be selected as the impartial arbitrator. The party requesting arbitration shall strike the first name. 26 ARTICLE 18 GRIEVANCE PROCEDURES (Continued) 3. Upon notification to the Federal Mediation and Conciliation Service of the selection of the arbitrator, and the arbitratorLsl is /are contacted, the date for the Arbitration Hearing shall be set within ten (10) business days from the date the arbitrator is notified of his selection. 4. Within twenty (20) business days after the conclusion of the hearing, the arbitratorig shall issue a written opinion, or panel of arbitrators shall be requested to issue a majority consensus opinion, containing findings and recommendations with respect to the issues presented. A copy of the opinion shall be mailed or delivered to the Union and the Employer. 5. With respect to the interpretation, enforcement or application of the provisions of this Agreement, the decision, findings and recommendations of the arbitrator shall be final and binding on the parties to this Agreement. 6. The arbitratorfE authority shall be limited to the interpretation and _,.. application of the terms of this Agreement and/or any supplement thereof. The arbitratorisl shall have no jurisdiction to establish provisions of a new agreement or variation of a new agreement or variation of the present _ Agreement or to arbitrate away, in whole or in part, any provisions or amendments thereof. This shall not preclude individual wage grievances. 7. The cost of the impartial arbitrator shpLll be shared equally between the Union and the Employer. If a transcript of the proceedings is requested, then the party so requesting shall pay for it. Section 4. All time limits set forth in this Article may be extended by mutual consent, but if not so extended, they must be strictly observed. If a party fails to pursue any grievance within the time limits provided, he shall have no further right to continue the grievance. NEW Section 5. Any controversy between the Enmlover mad the Union or any employee concerraine the interpretation, enforcement or aonlicadon of may provisions ofthis Agreement, that resulted in a documented verbal counseling or a written reprimand shall be adiusted in the following manner: 27 ARTICLE 18 GRIEVANCE PROCEDURES (Continued) A. The grievance shall be discussed by the employee with tine Chief or his designated Administrative Assistant Said employee and one ofthe followiue• Union President Vice- President or Grievance Committee Chairman, shall be present at said discussion. The answer shall be submitted in writing by the Chief or his designated_ Administrative Assistant, within live (5) business days to the employee(s) involved and to the Union President B. If the grievance is not settled by the provisions of Section 5A, it shall be submitted in _. writing to the Union Grievance Committee. Within ten (10) business days from the L, written answer rendered by tlae Chief, or his designated Administrative Assistant, the Union Grievance Committee shall determine, in their sole discretion and iudgeruer:t _,• whether or not a grievance exists within the terms and conditions ofthis Agreement 1. Ifthe Union Grievar:ce conm:ittee finds a grievm:ce does exist, tl:e Committee shall submit, in writing, the grievance to the Fire,Chie or adiustnnent, within ten (10) business days of the Chief's written answer. _ 2. If the Union Griemm _ist no x further proceedings shall be necessary, C. The Fire Chief shall submit his answer in writing to the empplovee involved and to the Union Grievance Committee within ten (10) business days. If the grievance has not _. been settled within that time, it then shall, within ten (10) business days be sent to the City Manager for adiustment. J _• D. The City Manager shall submit his answer in writing to the Fire Chief the e»mlovee involved, and the Union Grievance Committee within ten (10) business days. If the City Manager and the Union Grievance Committee have not settled the grievance within that due, it may be submitted to arbitration. Grievances submitted to arbitration for adiustment shall Proceed as follows: 1. The parties shall iointly request a panel of nine (9) arbitrators from the Federal Mediation and Conciliation Service within ten (10) calendar days a. Arbitrators must have NAA affiliation (National Academy of Arbitrators). W ARTICLE 18 GRIEVANCE PROCEDURES (Continued) 2. Within ten (10) business days from the receipt ofsuch panel a representative of the Union and the City shall meet and alterrufitely strike names until one (1) arbitrator remains who shall be selected as the impartial arbitrator. The pailV requesting the arbitration shall strike the first name. 3. Following the selection of the impartial arbitrator both parties shall submit cases in writing to the arbitrator and the other party by an agreed upon date. If parties cannot agree the arbitrator shall set the date 4. The arbitrator shall be requested to issue a written opinion containing findings and recommendations with respect to the issues presented, within sixtv (60) calendar days after submission of the case A copv of the opinion shall be mailed or delivered to the Union and the Citv. 5. With respect to the interpretation, enforcement, or application of the provisions oftlte Agreement, the decision, frrtdirhg, and recommendations of the arbitrator shall be final and binding on the parties of this Agreement. 6. The arbitrator's authority shall be limited to the interpretation and application of the terms of this Agreement and/or an supplement thereof The arbitrator shall have no jurisdiction to establish provisions of new Agreement or variations of the present Agreement or to arbitrate away, in whole or in part, anv provision or amendments thereof. 7 The cost of the impartial arbitrator shall be shared equally between the Union and the Employer. Section 3:6. It is specifically and expressly understood that filing a grievance under this Article which has as its last step final and binding arbitration, constitutes an election of remedies and a waiver of any and all rights by both parties, the Union or other representatives of the party, to litigate or otherwise contest the last answer rendered through the Grievance Procedure, in any court of other appeal forum. City of Owasso Date S-ZJ -iS IAFF Local #2789 Date ARTICLE 19 DUES CHECK -OFF Section 1. The Employer agrees to deduct regular semi - monthly Union dues, Station Fund dues and regular semi - monthly FIREPAC contributions from earned wages of those employees who are in the bargaining unit. The deductions shall be made from each semi - monthly paycheck in an amount certified to be correct by the Secretary- Treasurer of the Local Union. All members of the Bargaining Unit desiring payroll deduction of Union dues and /or FIREPAC contributions shall individually sign an authorization card provided by the Union and approved by the Employer, authorizing the stated semi - monthly dues deduction and /or FIREPAC contributions to be made. Except for employees hired within the contract year, authorizations for FIREPAC contributions and Station Fund dues must be provided to the Employer within thirty days of the effective date of the contract to be effective for the contract year. Payroll deductions shall be revocable by the employee notifying the Employer in writing. The Union shall be notified of any revocation. Section 2. The Employer will deduct only Union dues, FIREPAC contributions and Station Fund dues from the employee's paycheck and will not deduct initiation fees, special assessments, fines or any other deductions. In the event of an increase or decrease in Union dues, the Union will give the Employer thirty (30) days notice in order to allow the Employer to make the proper changes in its accounting records. No deductions will be made when the salary to be paid an employee is not sufficient to cover the amount deducted. Section 3. On the same day as payroll is issued, a deposit for the total deductions shall be made into the financial institutions selected by the Union. It shall be the responsibility of the Union to provide the Employer with deposit slips. The deposit receipt shall be sent to the Union Secretary along with a detailed report showing individual employee's name and deduction amount at the time of deposit. Section 4. All deductions will be for the month in which they are taken. All deductions refundable at the time of termination or resignation will be refunded by the Union. The Employer shall not be responsible for errors. In the case of any error or improper deduction being made by the Employer, a proper adjustment of the same shall be made by the Union with the employee affected. RM ARTICLE 19 DUES CHECK -OFF (Continued) Section 5. The Union shalt indemnify, defend and hold the Employer harmless against any claims made and against any suits instituted against the Employer on account of payroll deduction of Union dues or deposit of Union dues. Section 6. This service will be provided at no expense to the Union or its members. GM ARTICLE 20 COMPENSATION Section 1. For the purpose of this Labor Agreement, each employee of the bargaining unit shall receive compensation based on the range and step plan located in Appendix A, "Pay Plan A" on July 1, 2019 according to the employee's range and step as of June 30, 2019 (with adjustments in steps on anniversary dates.) A firefighter's active EMT license shall determine the firefighter's pay range. A firefighter without an active EMT license shall be paid as a Firefighter /Basic in Step 1. An inactive EMT license for a member of the bargaining unit with a rank of Driver /Lieutenant, Captain or Chief shall result in being reduced to Step 1 of the member's current range. In the case of extenuating circumstances, outside the member's control, that result in a delay in EMT license renewal, the Chief may authorize a member's continued pay at their current range and step for up to six months, until licensing issues are resolved. The rates contained in the Appendix A range and step plan does not include compensation which may be added to the base rate as provided in Article 20, Section 5; Article 20, Section 6; and Article 31. Section 2. Employees working an eighty (80) hour pay period shall have their pay calculated by the following formula: base (rate from range and step plan PLUS added pay as provided in Article 20, Section 5; Article 20, Section 6; and Article 31) multiplied by 3054,then divided by 2080. Section 3. New employees shall be compensated at the Entry Level/Probationary rate in Appendix A according to the employee's level of EMT certification, except when the new employee is currently employed with another municipal Fire Department and possesses an International Fire Service Accreditation Congress Firefighter I certificate and has previous Advanced Life Support experience. A Firefighter /Medic meeting this criteria may be eligible for lateral entry. The Fire Chief shall conduct a review of the individual's qualifications and experience and determine the appropriate entry-level rate within the range corresponding with the employee's level of EMT certification. New hires shall not be brought in higher than Step 5. New hire placement at a step other than entry level will not affect seniority or seniority based considerations. Upon successful completion of the twelve -month probation period, the employee shall advance to the next step in the Step Plan in Appendix A. 31 ARTICLE 20 COMPENSATION (Continued) Section 4. Upon promotion employees shall receive a promotional increase to the corresponding range and step that represents at least an increase of 5 % for each increase in rank, unless such step is not available. In cases of an employee obtaining a Paramedic license, the employee will advance to the same pay step in the Paramedic range of the Pay Plan, according to Appendix A. Any empleyee already -pla^ ^a in the Drive-.'Pa-medic; mage at t time of obtaining n di ligensing will a&aaae one step, unless a higher available. Sueh step inerease shall be effeetive upon providing deetaffispAation of smuseesspally Section 5. In addition to their base compensation, Employees who are awarded a degree from an accredited college or university are eligible for Education Incentive pay. Employees holding multiple degrees shall receive the compensation identified for the highest single degree for which the employee qualifies. Education Incentive pay is added to, and included in the employee's base rate of pay. A transcript must accompany each request for initial payment and each request for increasing that payment. Section 6. Employees of the bargaining unit who obtain and maintain Emergency Medical Technician Certification as prescribed by Oklahoma State Statutes shall receive the following hourly rates added to and included in the Employee's base rate of pay. Degree in field of Fire Protection Degree not in the field of Fire Chiefs/Fire Marshal/ Technology, Nursing or EMS Protection Technology, Nursing, or Captain EMS Manager EMS Associates Degree thirty-nine cents per hour ($0.39) twenty cents per hour ($0.20) Bachelor's Degree fifty -nine cents per hour ($0.59) thirty-nine cents per hour ($0.39) Master's Degree sixty-nine cents per hour ($0.69) forty-nine cents per hour ($0.49) A transcript must accompany each request for initial payment and each request for increasing that payment. Section 6. Employees of the bargaining unit who obtain and maintain Emergency Medical Technician Certification as prescribed by Oklahoma State Statutes shall receive the following hourly rates added to and included in the Employee's base rate of pay. W Firefighter/ & Chiefs/Fire Marshal/ Driver /Lieutenant Captain EMS Manager EMT -Basic fifty-three cents per thirty-nine cents per twenty cents per hour Certification hour ($0.53) hour ($0.39) ($0.20) Intermediate forty-three cents per thirty -nine cents per twenty cents per hour Certification hour ($0.43) hour ($0.39) ($0.20) Paramedic seventy five cents per seventy five cents per seventy five cents per Certification hour ($0.75) hour ($0.75) hour ($0.75) W ARTICLE 20 COMPENSATION (Continued) Employees of the bargaining unit assigned the additional duty of Fleet Manager, shall have the herein designated compensation added to and included in their base rate of pay. Assigned additional duties may require assessment center testing to determine qualifications prior to the actual assignment by the Fire Chief. "Fleet Manager" — Eighty -three cents per hour ($0.83/hr) Bargaining unit members, at or above the rank/grade of Captain, who obtain IFSAC, Proboard or other Instructor II certification, shall receive thirty-nine cents ($0.39) added to and included in such members base hourly rate. In order to be eligible for the thirty -nine cents ($0.39) certification programs must be approved in advance by the Fire Chief. Bargaining unit members who obtain and maintain Hazardous Materials Technician certification, shall receive twenty-nine cents ($0.29) added to and included in such members base rate of pay. In order to be eligible for the twenty -nine cents ($0.29) the certification program must be approved in advance by the Fire Chief. Bargaining unit members who obtain and maintain Car Seat Installation certification, shall receive fifteen cents ($0.15) added to and included in such members base rate of pay. In order to be eligible for the fifteen cents ($0.15) the certification program must be approved in advance by the Fire Chief. Section 7. In addition to the employee's regular rate of pay, an employee engaged in fire protection activities shall receive an overtime premium of one and one -half (1 112) of his regular hourly rate or, at employee's election subject to the limitations hereinafter set forth, one and one -half (1 112) hour of compensatory time for each compensable hour of work in excess of one hundred six (106) hours in the stated fourteen (14) day work period. Section 8. Accumulation of compensatory time shall be limited in accordance with the Personnel Policy and Procedure Manual of the City of Owasso, Oklahoma. As pertains to compensatory time, it is agreed that the employee shall have the right to select when to take such compensatory time off, provided, the taking of such time off will not adversely impact upon departmental operations, as determined by the Fire Chief or his designated Administrative Assistant. 33 ARTICLE 20 COMPENSATION (Continued) Section 9. The term "compensable hours of work" shall be defined as set forth in Section 553.14 of the Department of Labor Regulations covering employees of public agencies. It is specifically understood that any leave taken by the employee during the aforestated fourteen (14) day work period shall, whether compensated or not, reduce said employee's hourly accumulation for purposes of determining overtime in accordance with the Fair Labor Standards Act. Provided however, for computation of employee work hours all compensable leave except sick leave shall be considered as hours actually worked. City of Owasso Date IAFF Local #2789 Date 34 ARTICLE 21 1 0� Section 1. As a condition of employment, employees may be required to work overtime because of increased workload, sickness, and absences of other employees or emergencies. All leave except sick leave shall be considered as actual hours worked for the purpose of overtime compensation. For purpose of computation of overtime compensation, the employee's regular rate of pay shall be deemed to be that as defined by the Department of Labor Fair Labor Standards Act. Section 2. Unscheduled Overtime —When an employee is not given at least forty- eight (48) hours of notification a minimum of three (3) hours at one and one -half (1 1/2) times the regular rate shall be paid to any member of the bargaining unit who is called back after his normal tour of duty. Section 3. Scheduled Overtime —When an employee is given at least forty-eight (48) hours of notification the employee shall be paid overtime pay for actual hours worked at one and one half (1 'h) times the regular rate of pay. Time worked thirty (30) minutes prior to or thirty (30) minutes following a scheduled shift would be considered scheduled overtime. Section 4. Emergency Overtime— Overtime needed to combat a catastrophic emergency situation, such defined herein as being any unexpected disastrous occurrence requiring response by the Owasso Fire Department in excess of the manpower existing on the normal duty shift to protect lives and property. This overtime will be approved on a first come basis by order of arrival and will not be susceptible to seniority, but will be deemed as unscheduled overtime. Section 5. Specialty Overtime — Overtime needed that may require specialized team training or by division may be awarded by the Fire Chief or his /her designee. Section 6. Administrative Overtime — Overtime needed to develop, initiate, and complete non - emergency departmental projects and committees. All bargaining unit members will be notified via e-mail and page of administrative project opportunities. Interested individuals must respond to the Fire Chief or his /her designee within the designated time period. Project /committee participation is determined solely by the Chief from those who responded. (Examples of Administrative Overtime include but are not limited to: Uniform Committee, Apparatus Committee, EMS Advisory Committee, and Honor Guard). Section 7. Employees who are on approved holiday, vacation or personal leave shall not be eligible for mandatory overtime, unless said employee is available. Section 8. Any employee required by the Employer to attend any school, workshop, or seminar, shall be paid at his hourly current rate of pay for any hours of days that he would normally be off duty. Pay for normal off duty time will include travel time, attendance time in the course of the instruction, and return home. Overtime will be paid when overtime requirements have been met. 35 ARTICLE 21 OVERTIME (Continued) New Section 9. Employees who work a forty (40) hour work week shall not be eligible for shift overtime unless no one else has voluntarily requested the overtime . g- City of Owasso Date IAFF Local #2789 Date ARTICLE 22LLII11 l -1 VACATIONS AND HOLIDAYS Section 1. New employees shall accrue 12 hours per meamb 5.54 hours per pay period as holiday compensation. After completing one year of employment with the department, new employees shall be granted 120 hours of vacation leave. At that time the employee will begin accruing leave -sent* each bi- weekly pay period (pp) according to the following schedule: Years of Holiday Vacation Method of Maximum Employment Yearly Yearly Accumulation Limit* Total Total 0 -1 yr 144 0 5.54 43hrs /pie pp 264 hrs. 1 -4 yrs 144 120 10_16 22 hrs /rae pp 384 hrs. 5 -9 yrs 144 144 11_08 24 hrs /me pp 408 hrs. 10 -14 yrs 144 192 12_93 28 hrs /me pp 456 hrs. 15 -19 yrs 144 216 13_85 30 hrs /me pp 480 hrs. 20- 24 yrs 144 240 14_77 32 hrs /me pp 504 hrs. 25+ yrs 144 264 15_70 34 hrs /are pp 528 hrs. Section 2. ell ,.^ ^.:, and holidays taken in not less than one R) ffwst Vacation and holiday usage shall be limited to no less than three (3) hours incremeats:, the only exception shall be if less than three (3) hours of a shift is only exMtion shall be if less than three (3) hours of a shift is remaining If a vacation request is denied for an employee who is at his vacation accrual maximum, the excess accumulation will be allowed for a defined period as determined on a case by case basis. Section 3. Employees in the bargaining unit who work an eighty (80) hour pay period shall accrue vacation and holidays in accordance with the schedule found in the Personnel Manual. After twenty -five (25) years of employment, such employees shall accrue 15.34 vacation hours per month for an annual accrual of 184.08 hours. The maximum accrual for employees covered by this section is 224.08 hours. Employees over the Personnel Manual's maximum vacation accrual at the time of transfer will be allowed to carry forward their current accrued vacation for future use. Employees in the bargaining unit who work an eighty (80) hour pay period must take vacation and holidays in not less than (1/2) hour increments. Section 4. Employees in the bargaining unit who work an eighty (80) hour pay period, shall be eligible for holiday pay at 1 '/a times the members regular hourly rate when required to work a scheduled holiday. Such members shall also receive an alternate day off. 37 ARTICLE 22 VACATIONS AND HOLIDAYS (Continued) Section S. Employees in the bargaining unit may donate vacation leave to another employee in the bargaining unit by notifying Human Resources in writing, to include the recipient of the donation and the number of hours. City of Owass Date ,7 IAFF Local #2789 Date ARTICLE 23 SICK LEAVE Section 1. Employees within the bargaining unit shall earn sick leave in the amount of 216 hours annually. The method of accrual shall be in increments of 18 hours pee month 8.31 hours per pay period. No employee of the bargaining unit shall accumulate in excess of 1440 hours of sick leave time. Section 2. Sick leave must he taken in A minimm of six () usage shall be limited to no less than three (3) hours inrFernents, the only exception shall be if less than tlxee (3) three 3 hours of a shift is remaining. Employees will have the option to utilize up to an additional seven (7) hours of sick leave during any one hundred twenty (120) hour pay period when scheduled overtime pay would be lost due to sick leave used. Employees in the bargaining unit who work an eighty (80) hour pay period must take sick in not less than one (1) hour increments. Section 3. Fifteen percent (15 %) of accrued sick leave shall be paid to an employee upon service retirement or disability retirement. An employee may instead convert fifteen percent (15 %) of their accrued sick leave to terminal leave. In order to be eligible for this benefit the employee must provide the City sufficient notice of pending retirement and election option. Said notice to be not less than ninety (90) days prior to expected date of retirement. Such pay will be calculated at the employee's rate of pay at the time of disbursement. Upon death, fifty- percent (50 %) shall be paid to the beneficiary of the City provided group life insurance, unless designated otherwise in writing. In the event that an employee is killed in the line of duty, one - hundred percent of the employee's sick leave balance shall be paid to the beneficiary of the City provided group life insurance, unless designated otherwise in writing. Section 4. Fire Department shift employees will be granted two shifts off for funeral leave per occurrence. Employees on a forty (40) hour work week will be granted up to twenty-four (24) hours off for funeral leave per occurrence. Such leave shall be allowed for an employee to attend the funeral of an immediate family member, defined as: spouse, children (including stepchildren), parents (including stepparents), grandparents, grandchild, brother or sister (including step brother or step sister). Funeral leave may also be used by an employee to attend the funeral of his/her spouse's immediate family members as defined above. Such leave must be approved by the Fire Chief and is not charged against any leave accumulation. Funeral leave can be taken in half hour increments. An employee may request to use vacation or sick leave to attend other funerals. 39 ARTICLE 23 SICK LEAVE (Continued) Section 5. After an Employee has accrued 1440 hours of sick leave, he /she shall be eligible to participate in the following sick leave incentive program. If during the fiscal year an employee covered by this agreement uses: 0 shifts of sick leave - such employee shall receive 35% of that employee's monthly base pay. 1 shift of sick leave - such employee shall receive 27% of that employee's monthly base pay. 2 shifts of sick leave - such employee shall receive 20% of that employee's monthly base pay. 3 shifts of sick leave - such employee shall receive 14% of that employee's monthly base pay. Any Employee covered by this agreement who uses more than three (3) shifts of sick leave during the fiscal year shall not be eligible for this incentive program. Payment for those employees eligible will occur as a lump sum in the first pay period following June 30th of each year. Section 7. Employees in the bargaining unit who work an eighty (80) hour pay period shall be eligible to participate in the sick incentive program outlined in Section 6, as stated above, after accruing 1000 hours of sick leave. One shift shall be equivalent to eight hours for employees covered by this Section 7. Section 8. Employees within the bargaining unit shall be eligible for incentive pay through only one sick leave incentive plan. Should a member elect and enroll in the Sick Leave Grant /Incentive Plan offered to all employees of the City such member waives his /her right to the Sick Incentive pay herein described in, Section 6 and 7. A member may elect to participate exclusively in the Sick Leave Grant segment of the plan available to all employees and still be eligible for the Sick Leave Incentive herein described in Section 6 and 7. Section 9. Employees in the bargaining unit who work an eighty (80) hour pay period shall accrue sick leave in accordance with the schedule found in the Personnel Manual. City of Owasso Date IAFF Local #2789 Date APPENDIX A The rates contained within the Appendix A pay plan do not include compensation which may be added to the base rate as provided in Article 20, Section 5; Article 20, Section 6; and Article 31. PAY PLAN A FF /Basic EMT FF /Int EMT Firefighter /Paramedic Driver /Lieutenant Cpt/Deputy FM Chiefs /FM /EMS Mgr C 0 2 a c11 M v L0 ro V o m wa in in 120 43 54 4355 4447 44.64 16-12 4552 46 45 4668 47-24 46..42 46.65 47 20 47-7-2 45 35 4205 4952 46 82 47 46 4486 48 65 4927 4959 29 56 24-x5 24:87 22642 26 2R n 00 rn 0 47-60 404 49 82 4&65 2043 2424 2039 24 58 22 34 23;06 24 25 21.94 22 637 23 42 2424 23 39 24.47 24-08 25.93 2474 27 4 2 2@ 09 2446 3004 34 03 Article 20 Degree in field of Fire Protection Degree not in the field of Fire Education Propay* Technology, Nursing or EMS Protection Technology, Nursing, or Captain Chiefs /Fire Marshal/ EMS Associates Degree thirty-nine cents per hour ($0.39) twenty cents per hour ($0.20) Bachelor's Degree fifty -nine cents per hour ($0.59) thirty-nine cents per hour ($0.39) Master's Degree sixty-nine cents per hour ($0.69) forty -nine cents per hour ($0.49) Article 20 Firefighter/ & EMT Propay* Captain Chiefs /Fire Marshal/ Driver /Lieutenant EMS Manager EMT -Basic fifty -three cents per thirty -nine cents per twenty cents per hour Certification hour ($0.53) hour ($0.39) ($0.20) Intermediate forty -three cents per thirty -nine cents per twenty cents per hour Certification hour ($0.43) hour ($0.39) ($0.20) Paramedic Certification seventy-five cents per seventy-five cents per seventy-five cents per hour ($0.75) hour ($0.75) hour($0.75) Article 20 Other Propays • Fleet Manager, eighty -three cents per hour ($0.83/hr)* • IFSAC, Proboard or other Instructor II certification (rank/grade of Captain and above) thirty -nine cents per hour ($0.39).* • Hazardous Materials Technician certification, twenty-nine cents per hour ($0.29)* • Car Seat Installation certification, fifteen cents per hour ($0.15)* *This is not intended to represent the entirety of Article 20. 53 The City and the IAFF have agreed to the following for FY2019 -20 -21 in addition to other agreed upon articles. • 3% ATB effective July 1, 2019 f4l J- • 1.5 %ATB effective July 1, 2MaOaO ' % ry`' • 1.25% ATB effective January 1,a Ml ao ai Y City Grievance proposal (see attached) o IAFF and the City commit to meeting over the next two years to explore potential future options for the Staffing Article. City of Ow as Date IAFF Local #2789 Date IAFF Pay Plan A - Effective July 1, 2019 New 3 new entry New 1 New 2 FF /Basic EMT 13.48 13.92 14.37 FF /Int EMT 14.60 15.08 15.57 FF- Paramedic 16.60 17.15 17.72 Driver 17.43 18.00 18.60 Cpt 20.94 44 18.90 Chiefs /FM /EMS Mgr 20.17 20.85 21.52 New 3 New 4 New 5 New 6 New 7 New 8 New 9 New 10 New 11 16.09 16.63 17.18 17.76 18.33 18.95 19.59 20.24 20.94 18.29 18.90 19.52 20.17 20.85 21.52 22.24 22.98 23.75 19.21 19.85 20.49 21.18 21.89 22.60 23.35 24.12 24.94 21.78 22.53 23.30 24.09 24.90 25.74 26.60 27.51 27.07 28.00 28.93 29.93 30.94 31.98 IAFF Pay Plan B - Effective July 1, 2020 FF /Basic new entry New 1 New 2 New 3 New 4 New 5 New 6 New 7 New 8 New 9 New 10 New 11 EMT 13.68 14.13 14.59 FF /Int EMT 14.82 15.31 15.80 16.33 16.88 17.44 18.03 18.60 19.23 19.88 20.54 21.25 FF- Paramedic 16.85 17.41 17.99 18.56 19.18 19.81 20.47 21.16 21.84 22.57 23.32 24.11 Driver 17.69 18.27 18.88 19.50 20.15 20.80 21.50 22.22 22.94 23.70 24.48 25.31 Cpt Chiefs /FM /EMS Mgr 22.11 22.87 23.65 24.45 25.27 26.13 27.00 27.92 27.48 28.42 29.36 30.38 31.40 32.46 IAFF Pay Plan C - Effective January 1, 2021 new entry New 1 New 2 New 3 New 4 New 5 New 6 New 7 New 8 New 9 New 10 New 11 FF /Basic EMT 13,85 14.31 14.77 FF /Int EMT 15.01 15.50 16.00 16.53 17.09 17.66 18.26 18.83 19.47 20.13 20.80 21.52 FF- Paramedic 17.06 17.63 1821 18.79 19.42 20.06 20.73 21.42 22.11 22.85 23.61 24.41 Driver 17.91 18.50 19.12 19.74 20.40 21.06 21.77 22.50 23.23 24.00 24.79 25.63 opt Chiefs /FM /EMS Mgr 22.39 23.16 23.95 24.76 25.59 26.46 27.34 28,27 27.82 28.78 29.73 30.76 31.79 32.87 APPENDIX B The following pay items were removed contract year 2006 -2007 at which time they were included in the base pay provided in Appendix A. All items Iisted below are no longer applicable as of the 2006 -2007 contract. Article 20— Incentive Pro -Pay of $0.07 per hour Article 25— Cleaning Allowance of $0.13 per hour Article 25 —Bed Linen Allowance of $0.01 per hour Article 32— Employer paid 4% of Employee's contribution toward Oklahoma Firefighters Pension and Retirement System The following pay item was removed effective January 1, 2009 at which time it was included in the base pay provided in Appendix A. The item listed below is no longer applicable as of the 2009 -2010 contract. Article 20 —EMS Manager Pro -Pay of $1.00 per hour The following pay item was removed effective July 1, 2015 at which time it was included in the base pay provided in Appendix A. The item listed is no longer applicable as of the 2016- 2017 contract. Working Out of Class Pay 54 APPENDIX C SUBSTANCE ABUSE POLICY Alcohol and drug abuse have an adverse effect on job performance, create dangerous situations, and serve to undermine our community's confidence in the Fire Department. The department cannot and will not condone drug or alcohol abuse on the part of its employees, nor will it condone any employee behavior related. to alcohol and /or illegal drugs on or off the job that may serve to damage the department's reputation. The policy concerning drug and alcohol use and abuse is a follows• 1. The Department will not hire anyone who is known to currently abuse substances. 2. The Department will educate and inform its employees about the health consequences of drug and alcohol abuse. 3. Employees must report to work in a fit condition to perform their duties. Being under the influence of drugs or alcohol is not acceptable. 4. Any employee on department business, on or off City premises, is prohibited from purchasing, transferring, using, or possessing illicit drugs or using alcohol or prescription drugs in a way that is illegal. 5. Employees will not be terminated for voluntarily seeking assistance for a substance abuse problem; however, continued performance, attendance, or behavioral problems may result in disciplinary action. 6. Employees on physician - prescribed medication must notify the Chief or his/her designee, if there is a likelihood that such medication could affect job performance and safety. 7. Employees who are convicted, plead guilty, or who plead no- contest for off -duty drug or alcohol involvement may be considered to be violation of the policy. 8. All available assistance programs shall be made available to the employee, either at the request of the employee, or as a requirement for continued employment, based on factual evidence of a substance abuse problem. 9. No illegal drugs, alcoholic beverage or liquor shall be brought into, or stored in or on any City Property. 10. Drug testing shall be conducted according to the policies and procedures outlined in this policy as well as the applicable existing Federal and Oklahoma State laws and regulations (Standards for Workplace Drug and Alcohol Testing Act, Title 40, Sec. 554 ). Conditions under which an applicant /employee will be tested are: 55 a. Applicants for employment once a conditional offer of employment has been made. b. For existing employees on the basis of. L Reasonable Suspicion. ii. Post- Accident wpere the employee or another person has sustained a work - related injury or the employer's property has been damaged, including damage to equipment, in an amount reasonably estimated at the time of the accident to exceed five hundred dollars ($500.00). iii. Post - rehabilitation testing. iv. Random testing. 11. Failure to submit to a required drug or alcohol test or having a confirmed positive result of such a test will subject the employee to disciplinary action. 12. The City will pay for all City required drug /alcohol testing as required for the proper administration of this policy. 13. In addition the City will pay for a second test at a separate certified facility if a second test is requested by the employee immediately following the first test. 14. If requested by the employee, the City agrees to pay for a blood test at a certified facility to test carbon monoxide levels. Definitions used in the polio 1. The "Act" means the Standards for Workplace Drug and Alcohol Testing Act of the State of Oklahoma. 2. "Alcohol" means ethyl alcohol or ethanol. 3. "Applicant" means a person who has applied for a position with the City. 4. "Board" means the State Board of Health. 5. "The City" means the City of Owasso. 6. "Confirmation test" means a drug or alcohol test on a sample to substantiate the results of a prior drug or alcohol test on the same sample and which uses different chemical principles and is of equal or greater accuracy than the prior drug or alcohol test. 7. "State Department" means the State Department of Health. 8. "Drug" means amphetamies, cannabinoids, cocaine, phencyclidine (PCP), hallucinogens, methaqualone, opiates, barbiturates, benzodiazepines, synthetic narcotics, designer drugs, or a metabolite of any of the substances listed herein. 9. "Drug or alcohol test" means a chemical test administered for the purpose of determining the presence or absence of a drug or its metabolites or alcohol in a person's bodily tissue, fluids or products. 10. "Employee" means any member of the Fire Department (for interpretation of this policy only). F 11. "Employer" means the City of Owasso. 12. "Random selection basis" means a mechanism for selecting employees for drug or alcohol testing that: a. Results in an equal probability that any employee from a group of employees subject to the selection mechanism will be selected, and b. Does not give an employer discretion to waive the selection of any employee selected under the mechanism. 13. "Reasonable suspicion" means a belief that an employee is using or has used drugs or alcohol in violation of the City's written policy. This belief must be based on objective and stated facts and reasonable inferences drawn from those facts in light of experience, and may be based upon, among other things: a. Observable phenomena, such as: L The physical symptoms or manifestations of being under the influence of a drug or alcohol while at work or on duty, or ii. The direct observation of drug or alcohol use while at work or on duty. b. A report of drug or alcohol use while at work or on duty, provided by reliable and credible sources and which has been independently corroborated; c. Evidence that an individual has tampered with a drug or alcohol test during his/her employment with the City of Owasso, or d. Evidence that an employee is involved in the use, possession, sale, solicitation or transfer of drugs while on duty or while on the employer's premises or operating the employer's vehicle, machinery or equipment. 14. "Review officer" means a person, qualified by the State Board of Health, who is responsible for receiving results from a testing facility which have been generated by the City's drug or alcohol testing program, and who has knowledge and training to interpret and evaluate an individual's test results together with the individual's medical history and any other relevant information. 15. "Sample" means tissue, fluid or product of the human body chemically capable of revealing the presence of drugs or alcohol in the human body. 16. "Testing facility" means any person, including any laboratory, hospital, clinic or facility, either off or on the premises of the employer, which provides laboratory services to test for the presence of drugs or alcohol in the human body. Drug or Alcohol Testing Restrictions: The employer may only request or require an applicant or employee to undergo testing under the following circumstances. 1. Applicant testing: The City may require a job applicant, upon a conditional offer of employment, to undergo drug or alcohol testing and may use a refusal to undergo testing or a confirmed positive test result as a basis for refusal to hire, provided that such 57 testing does not violate the provisions of the Americans with Disabilities Act of 1990, and provided that such testing is required for all applicants who have received a conditional offer of employment for a particular employment classification. 2. Reasonable suspicion testing: The City may require an employee to undergo drug or alcohol testing if the employer has a reasonable suspicion that the employee has violated the City's written substance abuse policy. 3. Post- Accident testing: The City may require an employee to undergo drug or alcohol testing if the employee or another person has sustained a work - related injury or the employer's property has been damaged, including damage to equipment, in an amount reasonably estimated at the time of the accident to exceed five hundred dollars ($500.00). 4. Random testing: The city may require an employee to undergo drug or alcohol testing on a random selection basis. 5. Post - rehabilitation testing: The City may require an employee to undergo drug or alcohol testing without prior notice for a period of up to two (2) years commencing with the employee's return to work, following a confirmed positive test, or following participation in a drug or alcohol dependency treatment program under an employee benefit plan or at the request of the employer. Confidentiality of Testing Results and Records Disclosure of General health Information Prohibited: 1. The City shall maintain all drug and alcohol test results and related information, including, but not limited to, interviews, reports, statements and memoranda, as confidential records, separate from other personnel records. Such records, including the records of the testing facility, shall not be used in any criminal proceeding, or any civil or administrative proceeding, except in those actions take by the employer or in any action involving the individual tested and the employer or unless such records are ordered released pursuant to a valid court order. 2. The records described above shall be maintained by the employer and shall be the property of the employer, and, upon the request of the applicant or employee tested, shall be made available for inspection and copying to the applicant or employee. The employer shall not release such records to any person other than the applicant, employee or the employer's review officer, unless the applicant or employer, in writing following receipt of the test results, has expressly granted permission for the employer to release such records or pursuant to a valid court order. 3. A testing facility, or any agent, representative or designee of the facility, or any review officer, shall not disclose to any employer, based on the analysis of the sample collected from an applicant or employee for the purpose of testing for the presence of drugs or alcohol, any information relating to: W a. The general health, pregnancy or other physical or mental condition of the applicant or employee, or b. The presence of any drug other than the drug or its metabolites that the employer requested be identified and for which a medically acceptable explanation of the positive result, other than the use of drugs, has not been forthcoming from the applicant or employee. Provided, however, a testing facility shall release the results of the drug or alcohol test, and any analysis and information related thereto, to the individual tested upon his or her request. M APPENDIX D EDUCATION /TRAINING REPAYMENT AGREEMENT The undersigned, for and in consideration of the City of Owasso, Oklahoma's incurrence of costs associated with my educational enhancement and or Paramedic training, hereby agrees that if and in the event I should voluntarily or involuntarily separate from employment with the City of Owasso, Oklahoma, within three (3) years from the date of the last payment for my tuition reimbursement and /or Paramedic classes, then in such event I will reimburse the City of Owasso, Oklahoma, one hundred percent (100 %) of all expense incurred by said City for my tuition reimbursement and /or cost incurred for my Paramedic classes. In connection herewith, I hereby authorize the City of Owasso, Oklahoma, to withhold from my final pay any sum due and owing to the City of Owasso, Oklahoma, by virtue of the foregoing. Further, it is my understanding that execution of this repayment agreement does not constitute an agreement on the part of the City of Owasso, Oklahoma, to employ me for any tern of years, or portions thereof. Employee Signature: Date: State of Oklahoma County of On this _____ day of _�___ _, 20_, before me, the undersigned, a Notary Public in and for the County and State aforesaid__, personally appeared to me, known to be the identical person who executed the above and acknowledged to me that the above was executed as a free and voluntary act and deed for the uses and purposes therein set forth. Given under my hand and seal the office the day and year last above written. Notary Public My Commission Expires (Seal) .1 APPENDIX E PHYSICAL FITNESS TEST To promote and encourage weIlness through physical activity, the Fire Chief or designee and the Safety and Health Officer will administer a Physical Fitness bi- annually. Such test will consist of four parts. Part 1: 1.5 Mile Timed Run In order to successfully pass the timed run participants must complete the run within the established number of minutes /seconds, based upon his /her age at testing date. Age: <30 30 -39 40 -49 50 -59 60+ Run Time: 13:36 14:00 14:52 16:22 18:14 Part 2: Push -ups In order to successfully pass the push -ups portion of the Physical Fitness Test participants must complete the established number of push -ups based upon his /her age at testing date. Push -ups require humerus to be level with the ground at the bottom of each rep and elbows locked at the top of each rep. Pausing at the top of rep for no less than one second is required to assure participants are not using momentum from previous rep. Age: <30 30 -39 40 -49 50 -59 60+ Push -ups: 33 27 21 15 14 Part 3: Sit -ups In order to successfully pass the sit -ups portion of the physical fitness test participants must complete the established number of sit -ups based upon his /her age at testing date, within a two minute time limit. Sit -ups require hands locked behind the head, knees bent, chest touching knees at top of rep, and no greater than one inch of space between shoulder blades and ground at the bottom of the rep. Age: <30 30 -39 40 -49 50 -59 60+ Sit -ups: 42 39 34 28 22 Part 4: Abdominal Circumference Participants must have an abdominal circumference of 39" or less. Abdominal circumference will be measured at the navel while participant is at rest. In order to successfully pass the abdominal circumference portion of the physical fitness test the measurement must be held for 90 seconds. The following options are available to individuals participating in the physical fitness test. Option A: Step Mill in Lieu of 1.5 Mile Run Participants can elect to complete ten minutes on a step mill (Stairmaster) in lieu of the 1.5 mile run. In order to substitute the step mill for the run, the step mill must be set on program three, difficulty level six. There will be no age adjustment for the step mill option. roil Option B: Pull -ups in Lieu of Push -ups, Sit -ups, or Abdominal Circumference Participants can elect to complete ten pull -ups in lieu of either the push -ups, sit -ups, or abdominal circumference. In order to substitute pull -ups for one part of the test participants must complete ten reps with palms away, chin over bar, and complete stop at bottom with arms fully extended. Pull -ups can only replace one of the three requirements mentioned in this option. 62 sd REAL people •REAL Character •REAL Commonly TO: The Honorable Mayor and City Council FROM: Linda Jones Finance Director SUBJECT: Supplemental Appropriations Fiscal Year End DATE: June 14, 2019 BACKGROUND: The City of Owasso operates under the provisions of the Municipal Budget Act. In accordance with the Budget Act, all funds of the City with revenues and expenditures are required to have annual budgets. Expenditures may not legally exceed the appropriation or budget within a department or a fund. The City Manager has the authority to transfer appropriations between line items within a department or to transfer appropriations between departments within the some fund. An increase in total appropriations in a fund requires City Council approval. The trust authorities, Owasso Public Works Authority (OPWA) and Owasso Public Golf Authority (OPGA), are required to prepare an annual budget and submit a copy to the City as beneficiary of the trust. However, there are no further requirements such as a legal restriction on spending. PROPOSED ACTION: Staff is requesting City Council consideration of a budget amendment in the General Fund. General Fund Sales Tax Revenue and Transfer Under the pledged revenue requirements of the OPWA bond indentures, the City transfers three cents of its sales fax collections to the OPWA Fund. The OPWA then transfers two cents of the sales tax, less payback agreements, back to the General Fund and transfers one cent of the sales tax, less debt service, to the Capital Improvements Fund. The General fund sales tax collections for the year total $25,806,287, which is more than the budgeted revenue. Due to the excess sales tax revenue in the General Fund, the sales tax transfers to and from the OPWA Fund will exceed budget. Budget amendments in the amount of $565,287 are requested to allow for the transfer of those unexpected revenues and to ensure compliance with the voter - approved sales tax ordinance. RECOMMENDATION: Staff recommends approval of a budget amendment in the General Fund increasing the estimated revenue and the appropriation for expenditures by $565,287. sd REpt Paeple • REAL CM1ancter• REAL Lemmunly TO: The Honorable Mayor and City Council FROM: Linda Jones Finance Director SUBJECT: FY 2019 -2020 Annual Operating Budget Resolution 2019 -14 DATE: June 14, 2019 BACKGROUND: Pursuant to statutory and Charter provisions, an annual operating budget for the General Fund, Owasso Public Works Authority (OPWA) Fund, Owasso Public Golf Authority (OPGA) Fund and other funds has been developed and was transmitted for City Council review on May 10, 2019. The proposed budget was discussed during the May and June Council work sessions. Printed copies of the proposed budget have been available for public viewing at City Hall, the Owasso Library, and on the City's website. Resolution 2019 -14 provides for the adoption of a fiscal year budget for the City of Owasso, Oklahoma. PUBLIC HEARING: On May 15, 2019, a legal notice of a public hearing was published in the Owasso Reporter, and such hearing was conducted on May 21, 2019. The public hearing provided opportunity for citizen comment and questions relating to the proposed budget. There were no citizen comments provided. RECOMMENDATION: Staff recommends approval of Resolution 2019 -14, adopting a Fiscal Year 2019 -2020 budget for the General Fund and Other Funds as established by the Owasso City Council. ATTACHMENT: Resolution 2019 -14 CITY OF OWASSO, OKLAHOMA RESOLUTION 2019 -14 A RESOLUTION PROVIDING FOR THE ADOPTION OF AN ANNUAL BUDGET FOR FISCAL YEAR 2019 -2020 FOR THE GENERAL FUND AND OTHER FUNDS AS ESTABLISHED BY THE OWASSO CITY COUNCIL; ESTABLISHING LEVELS OF EXPENDITURES BY DEPARTMENT AND ESTABLISHING BUDGET AMENDMENT AUTHORITY AS PROVIDED BY STATUTE; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, The City of Owasso has adopted the provisions of the Oklahoma Municipal Budget Act (the Act); and WHEREAS, A budget for the fiscal year ending June 30, 2020 (FY 2019 -2020) consistent with the Act has been prepared; and WHEREAS, The Act provides for the City Manager, or designee, to transfer any unexpended and unencumbered appropriation from one department to another within the same fund; and WHEREAS, The budget has been formally presented to the Owasso City Council at least 30 days prior to the start of the fiscal year in compliance with the Act; and WHEREAS, The Owasso City Council published notice of a Public Hearing, and conducted the Public Hearing on May 21, 2019, in compliance with the Act. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: The City Council of the City of Owasso does hereby adopt the FY 2019 -2020 Budget with total resources available in the amount of $78,430,709 and total fund /departmental appropriations in the amount of $80,832,015; legal appropriations are hereby established as shown on "Attachment A" for each fund and department; and THAT: The June 30, 2019, encumbrances and unexpended appropriation balances for capital projects in the Vision Recapture Fund, the Half -Penny Sales Tax Fund, the Capital Improvements Fund, the Ambulance Capital Fund, the Park Development Fund, the Stormwater Management Fund, and the Capital Improvement Grants Fund be hereby re- appropriated to the same funds, accounts and for the same purposes for Fiscal Year 2019 -2020 unless the project or purpose is designated or declared closed or completed, provided that fund balances in each respective fund is equal to or greater than the amounts to be re- appropriated; and THAT: The Sinking Fund Schedules for June 30, 2019, and Sinking Fund Estimate of Needs for Fiscal Year Ending June 30, 2020, are hereby approved to be Filed with the County Excise Board; and THAT: The effective date of this Resolution shall be July 1, 2019. Resolution 2019 -14 Page 1 of 3 ADOPTED AND APPROVED this 18th day of June, 2019, by the City Council of the City of Owasso, Oklahoma. Chris Kelley, Mayor ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney Resolution 2019 -14 Page 2 of 3 ATTACHMENT "A" BUDGET SUMMARY - FISCAL YEAR 2019 -2020 Appropriation by Fund & Department General Fund Municipal Court $308,964 General Fund Managerial 838,916 General Fund Finance 884,517 General Fund Human Resources 499,026 General Fund General Government 485,100 General Fund Information Technology 956,036 General Fund Support Services 437,314 General Fund Community Development 839,742 General Fund Police Services 6,253,053 Half -Penny Sales Tax Fund Police Services 1,636,215 General Fund Police Communications 1,190,567 General Fund Animal Control 203,625 General Fund Fire Services 6,011,749 Half -Penny Sales Tax Fund Fire Services 1,019,647 General Fund Emergency Preparedness 131,100 General Fund Engineering 858,991 General Fund Streets 1,241,098 Half -Penny Sales Tax Fund Streets 1,360,012 General Fund Stormwater 612,435 General Fund Cemetery 105,518 General Fund Parks 623,147 General Fund Recreation & Culture 453,738 General Fund Community Center 304,950 General Fund Historical Museum 33,224 General Fund Economic Development 164,338 General Fund Interfund Transfers Out 26,915,163 Ambulance Service Fund Ambulance Operations 1,838,877 Ambulance Capital Fund Ambulance Operations 230,000 E -911 Fund Police Communications 297,200 Cemetery Care Fund Cemetery 1,850 Emergency Siren Fund Emergency Preparedness 10,000 Juvenile Court Fund Juvenile Court 10,000 Hotel Tax Fund Economic Development 160,381 Hotel Tax Fund Strong Neighborhoods 186,978 Stormwater Management Fund Stormwater 1,775,603 Tax Incremental Financing Fund TIF Interfund Transfer Out 305,780 Vision Tax Fund Vision Streets Projects 6,540,000 Park Development Fund Capital Projects 195,000 Capital Improvement Grants Fund Capital Projects 138,377 Capital Improvements Fund Capital Projects 6,984,706 City Garage Fund Vehicle Maintenance 559,558 Self - Insurance Fund General Government 7,179,520 Sinking Fund General Government 50,000 Total Appropriations $80,832,015 Resolution 2019 -14 Page 3 of 3 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 05/25/19 Department Payroll Expenses Total Expenses 105 Municipal Court 5,959.01 6,996.44 110 Managerial 21,116.55 25,562.11 120 Finance 18,376.79 22,209.08 130 Human Resources 8,319.82 10,070.44 160 Community Development 17,563.10 21,232.22 170 Engineering 17,912.47 21,611.88 175 Information Systems 14,944.70 18,080.09 181 Support Services 8,861.53 10,615.40 190 Cemetery 1,225.25 1,491.47 201 Police Grant Overtime 2,114.82 2,143.45 215 Central Dispatch 24,682.80 29,839.90 221 Animal Control 3,708.14 4,436.82 250 Fire Safer Grant 22,886.96 27,438.02 280 Emergency Preparedness 2,168.26 2,623.16 370 Stormwater /ROW Maint. 9,32136 10,974.89 515 Park Maintenance 6,931.77 8,233.91 520 Culture /Recreation 8,394.70 10,137.89 550 Community- Senior Center 5,582.63 6,420.23 580 Historical Museum 664.40 746.78 710 Economic Development 3,677.93 4,449.56 General Fund Total 204,414.99 245,313.74 185 Garage Fund Total 7,359.71 _8,897 67 255 Ambulance Fund Total 553.85 622.53 250 Fire Fund 37 Total 160,673.24 191,543.20 201 Police Fund 38 Total 158,512.32 187,057.22 300 Streets Fund 39 Total 16,615.07 20,128.15 370 Stormwater Fund 27 Total 3,456.51 4,194.25 150 Worker's Compensation Total 1,494.40 1,807.92 720 Strong Neighborhoods Total 4,563.09 5 408.63 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 06/08/19 Department Payroll Expenses Total Expenses 105 Municipal Court 5,657.52 7,917.76 110 Managerial 21,116.55 29,283.53 120 Finance 18,376.80 26,811.17 130 Human Resources 8,891.81 13,265.30 160 Community Development 17,795.46 27,604.92 170 Engineering 17,912.47 27,440.75 175 Information Systems 14,944.70 22,720.49 181 Support Services 9,221.56 13,499.03 190 Cemetery 1,145.50 2,227.14 201 Police Grant Overtime 4,236.57 4,293.93 215 Central Dispatch 32,202.17 49,614.54 221 Animal Control 3,801.12 5,693.80 250 Fire Safer Grant 23,362.51 36,928.26 280 Emergency Preparedness 2,168.26 3,450.87 370 Stormwater /ROW Maint. 10,391.99 13,403.60 515 Park Maintenance 6,438.41 9,544.58 520 Culture /Recreation 7,862.82 12,550.59 550 Community- Senior Center 5,484.99 7,395.55 580 Historical Museum 664.40 746.77 710 Economic Development 3,677.93 5,532.74 General Fund Total 215,353.54 319,925.32 185 Garage Fund Total 7,359.71 12 091.22 255 Ambulance Fund Total 553.85 622.53 250 Fire Fund 37 Total 165,409.32 246,146.28 201 Police Fund 38 Total 235,074.90 317,131.89 300 Streets Fund 39 Total 15,656.78 25,485.75 370 Stormwater Fund 27 Total 3,423.41 5,300.52 150 Worker's Compensation Total 1,344.96 1,617.88 720 Strong Neighborhoods Total 4,181.03 6,103.29 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 5/31119 VENDOR DESCRIPTION AMOUNT AETNA HEALTHCARE MEDICAL SERVICE 32,287.77 HEALTHCARE MEDICAL SERVICE 70,814.05 HEALTHCARE MEDICAL SERVICE 84,464.64 HEALTHCARE MEDICAL SERVICE 29,614.63 ADMIN FEES 13,878.48 HCC LIFE INSURANCE STOP LOSS FEES 49,917,12 HEALTHCARE DEPT TOTAL 280,976.69 DELTA DENTAL DENTAL MEDICAL SERVICE 3,988.70 DENTAL MEDICAL SERVICE 2,579.60 DENTAL MEDICAL SERVICE 5,408.52 DENTAL DEPT TOTAL 11,976.82 VSP ADMIN FEES 1,202.86 VISION DEPT TOTAL 1,202.86 HEALTHCARE SELF INSURANCE FUND TOTAL 294,156.37 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 6113119 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 ADMIN FEES DENTAL DEPT TOTAL VSP VISION MEDICAL SERVICES VISION DEPT TOTAL HEALTHCARE SELF INSURANCE FUND TOTAL AMOUNT 22,342.42 66,196.40 58,280.11 26,583.49 173,402.42 4,498.32 7,770.14 2,734.94 15,003.40 2,505.59 2,505.59 190,911.41 CITY OF OWASSO GENERAL FUND & HALF -PENNY SALES TAX FISCAL YEAR 2018.2019 Budgetary Basis Statement of Revenues & Expenditures As of May 31, 2019 Q:\Accounting \Reports \fy19 \GF monthly report FY 19 MONTH YEAR PERCENT TO -DATE TO -DATE BUDGET OF BUDGET REVENUES: Taxes $ 2,874,546 $ 30,723,240 $ 32,326,100 95.04% Licenses & permits 9,864 148,736 226,285 65.73% Intergovernmental 79,111 1,063,902 1,568,519 67.83% Charges for services 58,242 716,613 760,310 94.25% Fines & forfeits 30,550 313,750 486,550 64.48% Other 71,084 384,146 193,433 198.59% TOTAL REVENUES $ 3,123.398 $ 33,350,386 $ 35,561,198 9378% EXPENDITURES: Personal services $ (2,171,359) $ (17,727,205) $ (20,390,763) 86.94% Materials & supplies (57,684) (946,734) (1,525,542) 62.06% Other services (126,071) (1,748,865) (2,555,296) 68.44% Capital outlay (111,661) (1,034,020) (3,177,362) 32.54% Deferred Budget - Grant not awarded - - (13,256) 0.00% TOTAL EXPENDITURES $ (2,466,775) $ (21,456,824) 77.57% $ (27,662,219) REVENUES OVER EXPENDITURES $ 656,622 $ 11,893,562 7T 7,898,979 TRANSFERS IN (OUT): Transfers in - Sales Tax $ 1,436,020 $ 15,638,604 $ 16,751,714 93.36% Transfers out (2,268,353) (24,274,337) (26,313,196) 92.25% TOTAL TRANSFERS $ (832,333) $ (8,635,733) $ (9,561,482) 90.32% NET INCOME (LOSS) $ (175,711) $ 3,257,829 $ (1,662,503) ENCUMBRANCES OUTSTANDING $ (234,400) FUND BALANCE (Budgetary Basis) Beginning Balance 8,227,107 8,227,107 Ending Balance $ 11,250,537 $ 6,564,604 Q:\Accounting \Reports \fy19 \GF monthly report FY 19