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HomeMy WebLinkAbout2019.10.08_Worksession AgendaThis meeting is a work session for Council/Trustee discussion only. There is no opportunity for Dublic comments at work session. PUBLIC NOTICE OF THE JOINT MEETING OF THE OWASSO CITY COUNCIL / OWASSO PUBLIC WORKS AUTHORITY OWASSO PUBLIC GOLF AUTHORITY Council Chambers, Old Central Building 109 North Birch, Owasso, OK 74055 RECEIVED Regular Meeting Tuesday, October 8, 2019 - 6:00 pm OCT 0 4 2019 I . Call to Order Mayor /Chair Chris Kelley City Clerk's Office 2. Discussion relating to proposed amendments to Part 10, Offense and Crimes and Part 3, Alcoholic Beverages of the Code of Ordinances Beth Anne Childs / Julie Lombardi / Scott Chambless 3. Discussion relating to an upgrade of in -car cameras utilized by the Police Department Scott Chambless 4. Discussion relating to the renewal of a service agreement with Motorola Solutions for the city's dispatch radio system Larry White 5. Discussion relating to the construction contract and a settlement of liquidated damages for Redbud Festival Park, located at 109 North Main Street Larry Langford 6. Discussion relating to a proposed agreement between the City of Owasso and 106th Development, LLC, for the use of the Regional Detention Pond, located on East 106th Street North, just east of the Abbott Farms subdivision Roger Stevens 7. Discussion relating to Finance Department items Linda Jones / Jennifer Newman A. Re- appropriation of carryover budgets from FY 2018 -2019 B. Utility Billing credit card convenience fee 8. Discussion relating to City Manager items Warren Lehr A. 2020 City Council Election, Wards 3 and 4 B. Monthly sales tax report C. City Manager report 9. City Councilor/Trustee comments and inquiries 10. 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 n Friday, October 4, 2019. llann M. Stevens, City Jerk i 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 s� REAL People •REAL Character• REAL Communlly TO: The Honorable Mayor and City Council ROM: Scott Chambless Chief of Police SUBJECT: In -car Camera Upgrade DATE: September 27, 2019 BACKGROUND: The importance of in -car cameras has long been established in modern policing. These cameras provide an excellent resource for the purpose of evidence. They are particularly vital in the enforcement of driving under the influence (DUI) laws, drug crimes, and physical violence against police officers. In -car cameras are a vital tool in resolving citizen complaints and liability risk reduction. In -car cameras are used for the purpose of training, accountability, and recognition of employees who go above and beyond when interacting with citizens. While the police department does have body cameras for every officer, their ability to provide the proper view of an incident involving use of force cases is very limited. If an officer is being attacked or is using force, the body camera may not give the proper perspective due to the view being blocked by the movement of the officer or suspect. The view offered by the in -car camera typically proves to be much better for determining what occurred during a confrontation. Body cameras do not offer the type of evidence needed for enforcement of DUI or other traffic related offenses because they are on the officer rather than mounted behind a windshield. Simply stated, body cameras and in -car cameras serve different purposes and both are critical to modern police operations. During the year 2017, the police department purchased twenty in -car cameras from Safety Vision for a total cost of $60,789. The camera model that was purchased is called ICOP. The Owasso Police Department had been using the ICOP systems since 2006, and they had proven very reliable. When the installation process began, it became apparent that the cameras were not the some quality as the original ICOP cameras that the department began purchasing in 2006. Safety Vision had purchased ICOP and retained the name; however, it was determined that the ICOP cameras being sold by Safety Vision were [COP cameras in name only and the cameras purchased were a completely different product. The new cameras did not meet the needs of the police department with the primary concern being the clarity of the video. Staff began negotiations with Safety Vision for the return of the cameras. A resolution was reached with Safety Vision for the cameras' return, which involves an upgrade to their high definition cameras. There is a cost difference for this upgrade. In order to exchange the cameras, an additional $31,630 would need to be paid to Safety Vision. Staff has evaluated the high definition cameras offered by Safety Vision and the video quality does meet the police department's needs. PROPOSED ACTION & FUNDING: Staff intends to bring the camera upgrade purchase to the City Council with a request for approval. The request will include a recommendation for an amendment increasing the appropriation for expenditures for the Police Department General fund in the amount of $31,630. The recent sale of surplus vehicles netted enough revenue to cover the expense of the camera upgrade. sd REAL Peopla • REAL Characbr •REAL Communiy TO: The Honorable Mayor and City Council FROM: Larry White Director, Support Services SUBJECT: Motorola Service Agreement DATE: October 4, 2019 BACKGROUND: The City of Owasso's radio system was upgraded by Motorola in the last quarter of 2015. This upgrade included new infrastructure at the radio tower site and dispatch facility. It also included replacement of all the subscriber units in the field. The contract included a warranty period, system upgrade agreements, and service agreements. The Astro System Essential Service Agreement for the dispatch facility was included for a three - year period from the date of acceptance. This Service Agreement provided for onsite system support, preventive maintenance, repair and return service, security update service, technical support, and an advance exchange program providing immediate replacement for a malfunctioning unit. This Service Agreement ended in August, 2019. We have received a Service Agreement for renewal of the services covering the period September 1, 2019, through August 31, 2020, for the amount of $28,664,88. FUNDING: The FY 2019 - 2020 E911 budget includes funding for renewal of the Service Agreement. PROPOSED ACTION: An item has been placed on the October worksession agenda for discussion. Staff anticipates requesting City Council consideration and action to approve renewal of the Service Agreement during the October 15, 2019, City Council meeting. ATTACHMENT: Service Agreement MOTOROLA SOLUTIONS 1299 E Algonquin Rd Attn: National Service Support, IL06 Door # 82 Schaumburg, IL 60196 Date: 08/27/2019 Company Name: OWASSO. CITY OF Attn: : 1000704214 Billing Address: 111 N MAIN ST City, State, Zip: OWASSO , OK, 74055 Customer Contact: Larry White Phone: 918 - 272 -3459 SERVICE AGREEMENT Quote Number : QUOTE- 669378 Contract Number: USC000090569 Contract Modifier: R30- JAN -19 02:49:03 Required P.O. : Customer # : 1000704214 Bill to Tag 4: Contract Start Date : 01- Sep -2019 Contract End Date: 31- Aug -2020 Anniversary Day: Aug 31st Payment Cycle: MONTHLY PO #: Qty Service Name Service Description Monthly Ext Extended Amt LSV01S01107A ASTRO SYSTEM ESSENTIAL PLUS PACKAGE $2,388.74 $28,864.88 — DISPATCH — ONSITE SYS SUPPORT -STD — PREVENTIVE MAINTENANCEI — REPAIR AND RETURN — SECURITY UPDATE SERVICE — SYSTEM TECH SUPPORT — ADVANCE EXCHANGE Subtotal - Recurring Servicesi $2,388.741 $28,664.88 Subtotal - One -Time Event Services $0.0 $0.0 Totall $2,388.7 $28664.88 THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING JURISDICTIONS WHERE APPLICABLE, TO BE VERIFIED BY MOTOROLA SPECIAL INSTRUCTIONS: I received Statements of Work that describe the services provided on this Agreement. Motorola's Service Termsand Conditions, a copy of which is attached to this Service Agreement, is incorporated herein by this reference. AUTHORIZED CUSTOMER SIGNATURE TITLE DATE MOTOROLA SOLUTIONS 1299 E Algonquin Rd Attn: National Service Support, IL06 Door # 82 Schaumburg, IL 60196 CUSTOMER (PRINT NAME) MOTOROLA REPRESENTATIVE(SIGNATURE) Chris Atten MOTOROLA REPRESENTATIVE(PRINT NAME) Company Name: OWASSO, CITY OF Contract Number: USC000090569 Contract Modifier: R30- JAN -19 02:49:03 Contract Start Date : 01- Sep -2019 Contract End Date : 31- Aug -2020 SERVICE AGREEMENT Quote Number : QUOTE - 669378 Contract Number: USC000090569 Contract Modifier: R30-JAN-1902:49:03 TITLE 469 - 712 -9832 PHONE DATE MOrOROLA SOLUTIONS SERVICE AGREEMENT 1299 E Algonquin Rd Quote Number :QUOTE-669378 Attn: National Service Support, IL06 Door # 82 Contract Number: USC000090569 Schaumburg, IL 60196 Contract Modifier: R30- JAN -19 02:49:03 Service Terms and Conditions Motorola Solutions Inc. ("Motorola ") and the customer named in this Agreement ( "Customer') hereby agree as follows: Section 1. APPLICABILITY These Maintenance Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either (1) maintenance, support, or other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement. Section 2. DEFINITIONS AND INTERPRETATION 2.1 "Agreement" means these Maintenance Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In Interpreting this Agreement and resolving any ambiguities, these Maintenance Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise. 2.2 "Equipment means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3 "Services" means those installation, maintenance, support, training, and other services described in this Agreement. Section 3. ACCEPTANCE Customer accepts these Maintenance Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted In writing by Motorola. The term of this Agreement begins on the "Start Date" indicated in this Agreement. Section 4. SCOPE OF SERVICES 4.1 Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola's then - applicable rates for the services. 4.2 If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed 4.3 If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires. 4.4 All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice. 4,5 Customer must specifically identify any Equipment that Is labeled intrinsically safe for use in hazardous environments 4.6 If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment. 4.7 Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this. Section 5. EXCLUDED SERVICES 5.1 Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compilance with applicable Industry standards; excessive wear and tear, or accident, liquids, power surges neglect, acts of God or other force majeure events. 5.2 Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the Internet or the worldwide web, or for Equipment malfunction caused by the transmission medium. MOTOROLA SOLUTIONS 1299 E Algonquin Rd Attn: National Service Support, IL06 Door # 82 Schaumburg, IL 60196 SERVICE AGREEMENT Quote Number : QUOTE - 669378 Contract Number: USC000090569 Contract Modifier: R30- JAN -19 02:49:03 Section 6. TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's location, Customer will provide Motorola, at no charge, a non - hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses. Section 7. CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty -four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola. Section 8. INVOICING AND PAYMENT 8.1 Customer affirms that a purchase order or notice to proceed is not required for the duration of this service contract and will appropriate funds each year through the contract end date. Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period, All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date 8.2 Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. The Customer Wit pay all invoices as received from Motorola. At the time of execution of this Agreement, the Customer will provide all necessary reference information to include on invoices for payment in accordance with this Agreement. 8.3 For multi -year service agreements, at the end of the first year of the Agreement and each year thereafter, a CPI percentage change calculation shall be performed using the U.S.Department of Labor, Consumer Price Index, all Items, Unadjusted Urban Areas (CPI -U). Should the annual inflation rate increase greater than 3% during the previous year, Motorola shall have the right to increase all future maintenance prices by the CPI increase amount exceeding 3 %. All items, not seasonally adjusted shall be used as the measure of CPI for this price adjustment. Measurement will take place once the annual average for the new year has been posted by the Bureau of Labor Statistics. For purposes of illustration, if in year 5 the CPI reported an increase of 8 %, Motorola may Increase the Year 6 price by 5% (8 % -3% base). Section 9. WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re- perform the non - conforming Service or to refund, on a pro -rata basis, the fees paid for the non - conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10. DEFAULTITERMINATION 10.1 If either party defaults in the performance of this Agreement, the other party will give to the non - performing party a written and detailed notice of the default. The non - performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non - performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2 Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable Immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. 10.3 If the Customer terminates this Agreement before the end of the Term, for any reason other than Motorola default, then the Customer unit pay to Motorola an early termination fee equal to the discount applied to the last three (3) years of Service payments for the original Term. Section 11. LIMITATION OF LIABILITY MOTOROLA SOLUTIONS 1299 E Algonquin Rd Attn: National Service Support, IL06 Door # 82 Schaumburg, IL 60196 SERVICE AGREEMENT Quote Number : QUOTE - 669378 Contract Number: USC000090569 Contract Modifier: R30- JAN -19 02:49:03 Except for personal injury or death, Motorola's total liability, whether for breach of contract warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. Section 12. EXCLUSIVE TERMS AND CONDITIONS 12.1 This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2 Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect Its applicability. In no event will either party be bound by any terms contained In a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by authorized representatives of both parties. Section 13. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1 Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section survive the expiration or termination of this Agreement. 13.2 Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3 This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other Intellectual property, Including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14. FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. Section 15. COVENANT NOT TO EMPLOY During the tens of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law. Section 16. MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage to this property, and return It to Motorola upon request. This property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction. Section 17. GENERAL TERMS 17.1 If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 17.2 This Agreement and the rights and duties of the parties will be interpreted in accordance with the laws of the State in which the Services are performed. MOTOROLA SOLUTIONS 1299 E Algonquin Rd Attn: National Service Support, IL06 Door # 82 Schaumburg, IL 60196 17.3 Failure to exercise any right will not operate as a waiver of that right, power, or privilege. SERVICE AGREEMENT Quote Number : QUOTE- 669378 Contract Number: USC000090569 Contract Modifier: R30- JAN -19 02:49:03 17.4 Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party's reasonable control, such as strikes, material shortages, or acts of God. 17.5 Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. 17.6 Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a "Separated Business', whether by way of a sale, establishment of a joint venture, spin -off or otherwise (each a "Separation Evenfl, Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event. 17.7 THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THATANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. 17.8 If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola's then effective houdy rates 17.9 This Agreement maybe executed in one or more counterparts, all of which shall be considered part of the Agreement. The parties may execute this Agreement In writing, or by electronic signature, and any such electronic signature shall have the same legal effect as a handwritten signature for the purposes of validity, enforceability and admissibility. In addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document. Revised June 16, 2018 sd REAL Pooplo • REAL CM1aracler •REAL Commonly TO: The Honorable Mayor and City Council FROM: Larry Langford 300 square foot 4" thick pad Director Recreation and Culture SUBJECT: Redbud Festival Park DATE: October 4, 2019 BACKGROUND: On November 5, 2014, The Tulsa County Vision Authority adopted a resolution that states Owasso is eligible to receive excess Vision 2025 funds totaling $6,882,761. On April 21, 2015, Owasso City Council approved resolution 2015 -08, recommending identified projects for these funds. A portion of these funds was designated to construct a festival park. On April 13, 2018, City Council awarded a contract to Builder's Unlimited, of Tulsa, Oklahoma, for the base bid and Alternates 1 - 7 in the amount of $2,260,741 for construction of Redbud Festival Park. To date, executed change orders #1 - #7 have increased the contract amount from $2,260,741 to $2,467,563. The construction contract contains a provision that Builder's Unlimited will substantially complete the construction within 276 calendar days, or February 14, 2019. The contract further outlines the provision of liquidated damages to be incurred at a rate of $1000 for each consecutive calendar day that expires offer the time of substantial completion (less time extensions granted for weather delays). To date, the construction of the park is not complete and the contractor has incurred $230,000 in liquidated damages to be paid to the City for such breach of contract. PROPOSED CHANGES: Various items were removed from the original park design due to budget constraints. Staff is proposing a settlement of liquidated damages, by amending the contract with Builder's Unlimited to include the installation or construction of additional park amenities, in lieu of collecting a portion of the incurred liquidated damages. In order to accomplish the work, Builder's Unlimited requested 160 days be added to the contract's stated substantial completion date, changing the date to begin accumulating liquidated damages from February 14, 2019, to July 24, 2019. The additional park amenities include: ITEM LOCATION Two 8'6" x 20'x 6" concrete pads east of stage 300 square foot 4" thick pad between concrete pads Two 180 square foot landscape beds with irrigation between concrete pad and sidewalk 300 square foot landscape bed with irrigation between concrete pad and stage Seven Little Gem Magnolias east of stage Two 20'x 8' white Conex storage containers east of stage 80 square foot landscape bed with irrigation south of stage ram Twenty-two Shrubbery Yew Podocar us south of stage ram Upgraded striping to thermos plastic point parking lots 220' French drain north landscape bed Definition wall and banner holder Character Corner LED information display and protective ID cabinet north pavilion wall Monument sign northeast corner of park Five 7' ceiling fans in pavilion Security handrail north portion of stage Redbud Festival Park sign upper west wall of pavilion First Bank Main Stage sign stage awning Decomposed granite to replace mow strip southern -most portion of park Nine outdoor musical instruments to be located in Activity Nook FUTURE ACTION: An item has been placed on the October 8, 2019, worksession agenda for additional discussion. ATTACHMENT: Proposal Request #8 GH2 Architects Attn: Nick Spriggs 320 S Boston, Suite 100 Tulsa, OK 74103 Date 10/2/19 RE: Redbud Park PR #8 The costs associated with PR 8 are as follows: • Additional one hundred sixty (160) days added to current contract. 1. Install (2) 8'6 "x20' 6" thick concrete pads for conex's east side of stage, install 300sgft 4" think concrete slab between conex's, piping for future electrical, and landscaping per detail's provide by GH2 2. Provide, set, and paint white (2) new 20'x8' conex's 3. Install thermoplastic parking lot striping in lieu of what was specified 4. Install custom built steel banner holder painted white at SE corner of character corner set in concrete walls per detail provide by GH2 5. Place ascending concrete walls and foundations with cast stone cap at the SE corner of character corner per detail provided by GH2 6. Install 38 "05" full color digital display board on the north wall of restroonts 7. Install 38 "05" frill color digital monument sign mounted on a concrete foundation per manufactures recommendations at NE corner adjacent to parking area 8. Provide and install (5) 84" Haiku Big Ass Fans under Pavilion per detail provided by GH2 9. Install custom built steel guardrail painted white on the north edge of stage 10. Extend hedge and planter on the south side of stage ramp towards the north by (3) additional shrubby yew podocarpus 11. Install approx. 220'lf of French drain at the east end of the north planter bed. 12. Provide and install back lit signage at pavilion per detail provided by GH2 13. Provide and install back lit signage at stage per detail provided by GH2 14. Install 3' wide 4" thick compacted decomposed gold granite mow strip with filter fabric on the back side of the south ally way curb PO Box 471650 Tulsa, Ok 74147 p) 918.835.1138 0 918 - 834 -5865 15. Provide and install percussion play equipment per manufactures specifications as follows: (1) small babel drum, (1) large babel drum, (1) djembes, (I) tumbadoras, and (1) Cajon drum circle Sincerely Builders Unlimited Inc. Cody Wright Vice President NET DIFFERENCE ADD $ 0.00 ADDITIONAL BOND &INS. $ 0.00 OI-1P 20% $ 0.00 TOTAL REVISED COST $ 0.00 PO Box 471650 ruls,, Ok 74147 1)) 918.835.1138 t) 918 - 834 -5865 s� RPm -REAL O a<ter -REAL Community TO: The Honorable Mayor and City Council FROM: Roger Stevens Public Works Director SUBJECT: 106 +h Development, LLC - Abbott Farms Regional Detention Pond Agreement DATE: October 4, 2019 BACKGROUND: The Abbott Farms subdivision is located on East 106fh Street North just east of the proposed South Sports Park Regional Detention Facility. During the engineering design of Abbott Farms Phase I, City staff met with the developer and proposed the use of the regional detention pond rather than building an on -site detention facility specifically for Abbott Farms. The developer agreed to the idea and drafted an agreement for the City's review and consideration. PROPOSED AGREEMENT: The proposed agreement (see Attachment) contains language outlining the details of the public /private partnership. A summary of the proposed agreement's key points are as follows: • The City will construct a regional detention pond to be utilized by Abbott Farms. • Abbott Farms subdivision will utilize the regional detention pond rather than construct a detention pond solely for use by Abbott Farms. • Fill dirt (approximately 60,000 cubic yards) from the regional detention pond site will be transported to the Abbott Farms subdivision by the City for use in the borrow pit. • Abbott Farms will pay the City $55,500. The amount represents 3 usable acres of land retained for use by Abbott Farms if onsite detention is not required with each acre valued at $18,500. Payment shall be received once the construction of the regional detention pond is 30% complete. PROPOSED ACTION: An item has been placed on the October 8, 2019, worksession agenda. Staff intends to recommend approval of the agreement between 106th Development, LLC and City of Owasso. In addition, staff will seek City Council consideration and action for a budget amendment in the Stormwater Fund, increasing the estimated revenues and appropriation for expenditures in the amount of $55,000. ATTACHMENTS: Agreement Site Map 106th Development LLC, ABBOTT FARMS REGIONAL DETENTION POND AGREEMENT WHEREAS, a storm water detention plan is necessary and desirable for the Abbott Farms housing subdivision. 106th Development, LLC and the City of Owasso ( "City") have mutually determined that the needs of both parties are best served through construction of a regional detention pond. Specifically, the parties recognize that construction and use of a regional detention pond eliminates the need for outfall structures, eliminates the need for future maintenance of a pond by the Homeowners' Association ( "HOA "), prevents approximately 3 acres of land from being unusable by Abbott Farms and prevents revegetation of the pond area in the future. The parties hereby agree as follows: 1. The City will construct a regional detention pond to be utilized by Abbott Farms. 2. Abbott Farms will utilize the regional detention pond rather than construct a detention pond solely for use by Abbott Farms. 3. Fill dirt (approximately 60,000 cubic yards) from the regional detention pond site will be transported to the Abbott Farms subdivision by the City for use in the borrow pit. 4. 106th Development, LLC will pay the City $55,500 (FIFTY -FIVE THOUSAND, FIVE HUNDRED DOLLARS). This amount represents 3 usable acres of land retained for use by Abbott Farms if onsite detention is not required with each acre valued at $18,500 (EIGHTEEN THOUSAND, FIVE HUNDRED DOLLARS). Signed this day of 2019. CITY OF OWASSO Chris Kelley, Mayor lad 1l4i ii Juliann M. Stevens, City Clerk 106th Development, LLC Brian Green, Executor 106th Development, LLC - Abbott Farms Regional Detention Pond Agreement 5V REAL P..Plo • REAL Chormlor • REAL Community TO: The Honorable Mayor and City Council FROM: Jennifer Newman, Assistant Finance Director SUBJECT: Supplemental Appropriation Carryover Budgets DATE: October 4, 2019 BACKGROUND: Every year at the June 30, fiscal year end, there are unspent budgets. While the appropriation of these items was included in the FY 2019 budget, the actual expenditure for all or part of these open items will occur during FY 2020. Because the FY 2020 budget was prepared prior to year -end, before it was known whether funds would be expended or not, fund balances used to develop the budget were projected as though all non -salary budgets would be expended by year -end. Therefore, approval of carryover non -salary budgets does not reduce estimated June 30, 2019, fund balances. In order to keep from having purchase orders open for multiple years, past practice of the City is to close prior year purchase orders at the end of September and re- appropriate the funds in the subsequent year along with authorizing the City to re -issue the purchase orders in the new year. Furthermore, since Generally Accepted Accounting Principles (GAAP) do not recognize encumbrances, closing out old encumbrances where goods and services have not been received, will enable's budgetary financial statements to more closely align with audited GAAP statements. Fund FY 2020 Budget Revenue Ca over Expenditure Car over Requested Revised FY 2020 Budget General Fund 50,414,525.72 $56,021.40 1,005,980.33 $51,420,506.05 Half -Penny Sales Tax (Fire) 1,019,648.00 7,417.00 1,027,065.00 Half -Penny Sales Tax Police 1,636,212.00 122,787.00 1,758,999.00 Half -Penny Sales Tax Streets 3,522,937.63 620,000.00 4,142,937.63 Hotel Tax 348,359.00 90,009.00 438,368.00 Stormwater Management 2,669,203.34 683,571.00 3,352,774.34 City Garage 559,558.00 102,666.00 662,224.00 General Liability 385,000.00 24,977.00 409,977.00 PROPOSED ACTION: An item has been placed on the October 8, 2019, worksession agenda for additional discussion. Staff intends to recommend approval of the following FY 2020 budget amendments: • Increase the estimated revenues by $56,021.40 and the appropriation for expenditures by $1,005,980.33 for the General Fund. • Increase the appropriation for expenditures in the Half -Penny Sales Tax fund by $750,204.00. • Increase the appropriation for expenditures in the Hotel Tax Fund by $90,009.00. • Increase the appropriation for expenditures in the Stormwater Management Fund by $683,571.00. • Increase the appropriation for expenditures in the City Garage Fund by $102,666.00. • Increase the appropriation for expenditures in the General Liability Fund by $24,977.00. REAL Paoplc • REAL Characbr •REAL CommunRy TO: The Honorable Chair and Trustees Owasso Public Works Authority FROM: Jennifer Newman, Assistant Finance Director SUBJECT: Supplemental Appropriation Carryover Budgets DATE: October 4, 2019 BACKGROUND: Every year at the June 30, fiscal year end, there are unspent budgets. While the appropriation of these items was included in the FY 2019 budget, the actual expenditure for all or part of these open items will occur during FY 2020. Because the FY 2020 budget was prepared prior to year -end, before it was known whether funds would be expended or not, fund balances used to develop the budget were projected as though all non -salary budgets would be expended by year -end. Therefore, approval of carryover non -salary budgets does not reduce estimated June 30, 2019, fund balances,. In order to keep from having purchase orders open for multiple years, past practice of The Authority is to close prior year purchase orders at the end of September and re- appropriate the funds in the subsequent year along with authorizing the Authority to re -issue the purchase orders in the new year. Furthermore, since Generally Accepted Accounting Principles (GAAP) do not recognize encumbrances, closing out old encumbrances where goods and services have not been received, will enable the Authority's budgetary financial statements to more closely align with audited GAAP statements. Also, previously authorized loan proceeds are expected to be transferred from Owasso Public Works Authority (OPWA) to the Capital Improvement Fund in FY 2019 -2020 as invoices are due. The 2018 -2019 budget for loan proceeds to be transferred in FY 2019 -2020 are recommended to be carried over and re- appropriated in 2019 -2020. OPWA Department FY 2020 Budget Revenue Carryover Expenditure Carryover Requested Revised FY 2020 Budget Transfer to CIP Debt Proceeds $0 $9,397,066 $9,397,066 $9,397,066 OPWA Administration 1,055,450 159,000 1,214,450 Utility Billing 542,460 23,668 566,128 Water 4,907,916 111,148 5,019,064 Wastewater Treatment 22,134,870 271,721 22,406,591 Wastewater Collections 6,599,940 508,485 7,108,425 Refuse 1,169,919 144,600 1,314,519 Recycle 209,309 85,853 295,162 Total Carryover Requested $9,397,066 $10,701,541 FUTURE ACTION: An item has been placed on the October 8, 2019, worksession agenda for additional discussion. Staff intends to recommend approval of an increase in the estimate of revenues by $9,397,066 and the appropriation for expenditures by $10,701,541 for the Owasso Public Works Authority. The Honorable Chair and Trustees TO: Owasso Public Works Authority Linda Jones FROM: Finance Director Credit Card Convenience Fee SUBJECT: October 4, 2019 DATE: BACKGROUND: On July 16,2019,The Authority approvedthe implementation ofa credit card convenience fee tooffset processing fees. When the Authority originally sought proposals from software vendors on handling utility billing payments, vendors asked if we charged a convenience fee for credit cards. We respondedin the negative. Multiple proposers indicated that many governments are charging convenience fees. Since the new system allows for eCheck functionality, we subsequently decided that it was in our best interest to start charging credit card fees in order to incentivize customers to switch to the lower-cost eChecks. However, after receiving authorization from Council/Authority to start assessing convenience fees for credit cards as of October 1, 2019, we were notified by PSN that the flat $1.75 per credit card transaction rate quoted to us was contingent upon the Authority’s funding the fee rather than the customer. We investigated and discovered that VISA gives a discount to merchants who do not penalize customers for utilizing credit cards. As a result, if the Authority charges a customer a convenience fee, we will end up paying much higher processing fees on average. PROPOSED SOLUTION: Because charging the convenience fee would result in our paying higher total fees (thus negating the benefits of the convenience fee) we recommend elimination of the convenience fee at this time. An item hasbeen placed on the October 8, 2019,worksession agenda for additionaldiscussion. OWASSO PUBLIC WORKS AUTHORITY OWASSO, OKLAHOMA RESOLUTION 2019 -XX A RESOLUTION PROVIDING FOR THE ELIMINATION OF A CREDIT CARD CONVENIENCE FEE FOR THE OWASSO PUBLIC WORKS AUTHORITY WHEREAS, The Owasso Public Works Authority (OPWA) was created as a Title 60 Public Trust; and WHEREAS, the Owasso Public Works Authority, through Resolution 2019 -03, established a Credit Card Convenience Fee of $1.35, per transaction, for Utility Billing Customer services, effective October 1, 2019. NOW, THEREFORE, BE IT RESOLVED BY THE TRUSTEES OF THE OWASSO PUBLIC WORKS AUTHORITY, THAT: SECTION ONE: From and after the effective date of this Resolution, approved Resolution 2019 -03 is hereby null and void. SECTION TWO: Provisions of this Resolution shall become effective October 15, 2019. ATTEST: PASSED AND APPROVED this 15th day of October, 2019. Juliann M. Stevens, Authority Secretary APPROVED AS TO FORM: Chris Kelly, Chair Julie Lombardi, Authority Attorney REAL People-.O octer RE4L Community TO: The Honorable Mayor and City Council FROM: Juliann M. Stevens City Clerk SUBJECT: Ward 3 and 4 City Council Election DATE: October 4, 2019 BACKGROUND: Pursuant to the provisions of the Owasso City Charter, governing the election of City Council members, "the Council shall take action by Resolution to call any necessary Ward Elections." In 2020, such election is required for Ward 3 and 4, for a three -year term. In 2015, statutory requirements for elections to be conducted by the County Election Boards were amended. The City of Owasso utilizes the Tulsa County Election Board to facilitate our City elections, therefore Owasso elections are affected by these changes and create conflict with our City charter provisions in regards to election dates. Resolutions for elections not conforming to these new requirements will not be accepted, nor conducted by the County Election Board. The resolution calling the Ward 3 and 4 election must be submitted to the Election Board by November 15, 2019. ELECTION DETAILS: • The primary election will be held on February 11, 2020. • Only qualified electors who reside within the ward shall be qualified to hold the office of City Council Member for that ward. • All registered voters residing within the Owasso City limits may vote in the election. Should one of the candidates not receive the majority of all votes cast for the particular ward, a general election will be held. • The general election, if necessary, will be held on April 7, 2020. FILING PERIOD FOR INTERESTED CANDIDATES: • The filing period for interested candidates will be December 2, 3, and 4, 2019. • Interested candidates must file a notarized Declaration of Candidacy form with the Tulsa County Election Board. PROPOSED ACTION: Staff anticipates submitting a resolution to the Council for consideration and appropriate action during the November 5, 2019, Council meeting in order to meet the statutory deadline.