HomeMy WebLinkAbout2019.12.17_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, December 17, 2019 - 6:30 pm
1. Call to Order
Mayor Chris Kelley
2. Invocation
Pastor Bill Ascol of Bethel Baptist Church
3. Flag Salute
4. Roll Call
5. Presentation of Employee of the Year
Warren Lehr
RECEIVED
DEC 13 2019 \�'»
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 - December 3, 2019, and December 10, 2019, Regular Meetings
B. Approve claims
C. Accept a donation from Keep Oklahoma Beautiful in the amount of $1,000.00
and approve a budget amendment in the Hotel Tax Fund, increasing estimated
revenues and the appropriation for expenditures in the Owasso Strong
Neighborhood Department - OSNI Grants by $500.00, and approve a budget
amendment in the General Fund, increasing estimated revenues and the
appropriation for expenditures in the Community Center Department by $500.00
D. Approve a budget amendment in the General Fund increasing the appropriation
for expenditures by $17,500.00
E. Approve a budget amendment in the Park Development Fund increasing the
appropriation for expenditures by $145,000.00
F. Accept the Owasso Police Department Headquarters Roof Replacement Project
and authorize final payment to Ground Zero Roofing of Newcastle, Oklahoma, in
the amount of $17,875.00
G. Adopt Ordinance 1157, amending the Oklahoma Municipal Retirement Fund
Defined Benefit Plan Joinder Agreement, and the Oklahoma Municipal
Retirement Fund Master Defined Benefit Plan
7. Consideration and appropriate action relating to items removed from the Consent Agenda
B. Consideration and appropriate action to award a bid for the installation of communication
towers located at Fire Station 2 (201 South Cedar) and Station 3 (9990 North 1451h East
Avenue)
Andrew Neyman
Staff recommends awarding the bid to Bright Lighting, Inc., of Tulsa, Oklahoma, in the
amount of $84,841.70 and authorization for the Mayor to execute the contract for services.
Owasso City Council
December 17, 2019
Page 2
Consideration and appropriate action relating to a Final Plat for Stone Creek of Owasso,
approximately 40 acres located near the southwest corner of East 761h Street North and North
161st East Avenue
Karl Fritschen
Staff recommends approval of the Final Plat for Stone Creek of Owasso.
10. Consideration and appropriate action relating to a Final Plat for The Villages at A New Leaf,
approximately 49 acres located south and east of the southeast corner of East 86th Street
North and North Memorial Drive
Karl Fritschen
Staff recommends approval of the Final Plat for The Villages at A New Leaf.
11. Consideration and appropriate action relating to the acceptance and final payment for the
Nottingham Stormwater Drainage Improvement Project
Earl Farris
Staff recommends acceptance of the contract work and authorization for final payment to
Timber Wolf Excavating, LLC, of Broken Arrow, Oklahoma, in the amount of $27,683.85.
12. Consideration and appropriate action to award a bid for the Tributary 5A Stormwater
Improvement Project
Dwayne Henderson
Staff recommends awarding the bid to Native Plains Excavation & Contracting, LLC, of Bixby,
Oklahoma, in the amount of $114,532.35, and authorization for the Mayor to execute the
necessary documents.
13. Consideration and appropriate action relating to the acquisition of right -of -way for the East
116th Street North Roadway Improvement Project from Garnett Road to North 129th East
Avenue
Roger Stevens
Staff recommends authorization for payment in the amount of $25,000.00 to Kevin Franklin,
and $25,000.00 to Kim Rutherford, Trustees of the Franklin Family Trust, for a total of $50,000.00,
for right -of -way located at 11822 East 1 16th Street North, Parcel 3.
14. Consideration and appropriate action relating to a sole source purchase of a Lenco BearCat
armored vehicle and a budget amendment in the General Fund
Tracy Townsend
Staff recommends authorization for the sole source purchase of one Lenco BearCat armored
vehicle through Lenco Industries Inc., of Pittsfield, Massachusetts, in the amount of
$289,320.00, and approval of a budget amendment in the General Fund, increasing the
appropriation for expenditures in the Police Department budget by $289,320.00.
15. Report from City Manager
16. Report from City Attorney
17. Report from City Councilors
Owasso City Council
December 17, 2019
Page 3
18. Official Notices to Council (documents for acknowledgment of receipt or information only,
no discussion or action will be taken)
• Payroll Payment Report- pay period ending date December 7, 2019
• Health Care Self- Insurance Claims- dated as of December 12, 2019
• Monthly Budget Status Report - November 2019
19. New Business (New Business is any item of business which could not have been foreseen at
the time of posting of the agenda)
20. Adjournment
Notice of Public Meeting filed in the office of the City Clerk on December 14, 2018, and the
Agenda posted at City Hall, 200 South Main Street, at 6:00 pm on Friday, December 13, 2019.
4daAZ
dnn M. Stevens, Cif 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
Lstgvens@cifyofowosso.com
OWASSO CITY COUNCIL
MINUTES OF REGULAR MEETING
Tuesday, December 3, 2019
The Owasso City Council met in regular session on Tuesday, December 3, 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 Wednesday, November 27, 2019.
1. Call to Order
Mayor Chris Kelley called the meeting to order at 6:30pm.
2. Invocation
The Invocation was offered by Senior Pastor Claud Slate of Fireside Baptist Church.
3. Flag Salute
Councilor Kelly Lewis led the flag salute.
4. Roll Call
Present Absent
Mayor- Chris Kelley None
Vice Mayor - Bill Bush
Councilor - Doug Bonebrake
Councilor - Lyndell Dunn
Councilor- Kelly Lewis
A quorum was declared present.
Staff:
City Manager - Warren Lehr
City Attorney - Julie Lombardi
5. Presentation of Character Trait Of Generosity
Nathan Purifoy, Character Council Member, presented the character trait for the month of
December.
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 - November 19, 2019, Regular Meeting
B. Approve claims
C. Accept a rebate from Public Service Company of Oklahoma and approve a
budget amendment in the Police Half -Penny Sales Tax Fund, increasing the
estimated revenue and the appropriation for expenditures in the Police
Department by $29,315.00
D. Accept public infrastructure improvements located approximately one - quarter
mile north of East l 161h Street North on North 1291h East Avenue (Estates at Morrow
Place) - asphalt roads, sidewalks, stormwater, and sanitary sewer system
improvements
Mr. Bush moved, seconded by Ms. Lewis to approve the Consent Agenda as presented with
claims totaling $261,719.96.
YEA: Bonebrake, Bush, Dunn, Lewis, Kelley
NAY: None
Motion carried: 5 -0
Owasso City Council
December 3, 2019
Page 2
7. Consideration and appropriate action relating to items removed from the Consent Agenda
None
8. Consideration and appropriate action relating to the Liquefied Petroleum Gas (LPG) live fire
training props for the Owasso Public Safety Training Complex (Fire Station 4)
David Hurst presented the item, recommending acceptance of the Liquefied Petroleum Gas
live fire training props and authorization for final payment to FireBlast Global, Inc. of Corona,
California, in the amount of $476,074.20.
There were no comments from the audience. After discussion, Mr. Bonebrake moved,
seconded by Ms. Lewis to accept the live fire training props and authorize final payment, as
recommended.
YEA: Bonebrake, Bush, Dunn, Lewis, Kelley
NAY: None
Motion carried: 5 -0
9. Consideration and appropriate action relating to the acquisition of right -of -way and
temporary easement for the East 116th Street North Widening Project from Garnett Road to
North 129th East Avenue
Roger Stevens presented the item, recommending authorization for payment to Roger and
Connie Price, in the amount of $59,822.50, for the acquisition of right -of -way, temporary
easement, and compensation for damages located at 12520 East 1 l 6th Street North.
There were no comments from the audience. Ms. Lewis moved, seconded by Mr. Bush to
authorize payment, as recommended.
YEA: Bonebrake, Bush, Dunn, Lewis, Kelley
NAY: None
Motion carried: 5 -0
10. Consideration and appropriate action to award a bid for the installation of white vinyl
fencing along the US 169 east service road from East 86th Street North to East 90th Street North
Roger Stevens presented the item, recommending awarding the bid to Stronghand LLC, of
Broken Arrow, Oklahoma, in the amount of $38,505.00, and authorization for the Mayor to
execute the necessary documents.
There were no comments from the audience. After discussion, Mr. Bonebrake moved,
seconded by Ms. Lewis to award the bid and authorize the Mayor to execute the
documents, as recommended.
YEA: Bonebrake, Bush, Dunn, Lewis, Kelley
NAY: None
Motion carried: 5 -0
11. Consideration and appropriate action relating to a settlement agreement in City of Owasso
v. Robert Dodd and Petra Catherina Dodd et at.
Julie Lombardi presented the item, recommending approval of the proposed settlement in
the amount of $200,000.00, inclusive of the Commissioners' Award of $154,000.00, and further
authorize additional payment of $46,000.00 in settlement to Robert Dodd and Petra
Catherina Dodd as Trustees of the Robert Dodd and Petra Catherina Dodd Revocable Living
Trust.
There were no comments from the audience. After discussion, Mr. Bush moved, seconded by
Mr. Dunn to approve the settlement, and authorize payment, as recommended.
YEA: Bonebrake, Bush, Dunn, Lewis, Kelley
NAY: None
Motion carried: 5 -0
Owasso City Council
December 3, 2019
Page 3
12. Report from City Manager
• Monthly Public Works Project Status Report
Warren Lehr introduced Roger Stevens to provide the monthly Public Works project status
report and discussion was held. Mr. Lehr reported on the 29th Annual Keep Oklahoma
Beautiful Environmental Excellence Award presentation, various city events, and offered
congratulations to the Rejoice Eagles playing in the football semi - finals, and the Owasso
Rams playing in the football state championship.
13. Report from City Attorney
None
14. Report from City Councilors
Councilor Bush read a citizen e -mail recognizing the efforts of the Fire Department, and
Councilors commented on Owasso football teams, holiday shopping security, the Redbud
Festival Park Lights On event and the Owasso Chamber's Shop Small event.
15. Official Notices to Council (documents for acknowledgment of receipt or information only,
no discussion or action will be taken)
The Mayor acknowledged receipt of the following:
• Payroll Payment Report- pay period ending date November 23, 2019
• Health Care Self- Insurance Claims - dated as of November 26, 2019
16. New Business (New Business is any item of business which could not have been foreseen at
the time of posting of the agenda)
None
17. Adjournment
Mr. Bush moved, seconded by Mr. Lewis to adjourn the meeting.
YEA: Bonebrake, Bush, Dunn, Lewis, Kelley
NAY: None
Motion carried: 5 -0 and the meeting adjourned at 7:05 pm.
Chris Kelley, Mayor
Juliann M. Stevens, City Clerk
OWASSO CITY COUNCIL, PUBLIC WORKS AUTHORITY, AND
PUBLIC GOLF AUTHORITY
MINUTES OF JOINT REGULAR MEETING
Tuesday, December 10, 2019
The Owasso City Council, Owasso Public Works Authority (OPWA), and Owasso Public Golf Authority
(OPGA) met in a joint regular meeting on Tuesday, December 10, 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, December 6, 2019.
1. Call to Order /Roll Call
Mayor /Chair Chris Kelley called the meeting to order at 6:00 pm.
Present
Mayor /Chair - Chris Kelley
Vice Mayor /Vice Chair- Bill Bush
Councilor /Trustee - Kelly Lewis
A quorum was declared present.
Absent
Councilor /Trustee - Doug Bonebrake
Councilor /Trustee - Lyndell Dunn
2. Presentation of the Encore Program as part of Owasso's Economic Development Strategic Plan
Chelsea Levo Feary presented the item and discussion was held.
3. Discussion relating to Community Development Items
A. Final Plat - Stone Creek, approximately 40 acres located on the southwest corner of East
76th Street North and North 161st East Avenue
B. Preliminary and Final Plat - New Leaf, approximately 49 acres located on the south and
east of the southeast corner of East 861h Street North and North Memorial Drive
Brian Dempster and Karl Fritschen presented each item and discussion was held. it was further
explained that both items would be placed on the December 17, 2019, City Council Agenda
for consideration and action.
4. Discussion relating to a Comprehensive Rate and Fee Schedule
Juliann Stevens presented the item and discussion was held. It was further explained this item
would be placed on the January 7, 2020, City Council Agenda for consideration and action.
5. Discussion relating to City Manager Items
A. Oklahoma Municipal Retirement Fund IRS Plan review
B. Armored vehicle purchase update
C. Monthly sales tax report
D. City Manager report
Warren Lehr introduced item A and discussion was held. It was further explained that item A
would be placed on the December 17, 2019, City Council consent agenda for action. Mr. Lehr
introduced Scott Chambless to present item B and discussion was held. It was further explained
that item B would be placed on the December 17, 2019, City Council agenda for consideration
and action. Mr. Lehr introduced Linda Jones to present item C and discussion was held. Mr. Lehr
reported on various upcoming city events; the filing period for City Council Wards 3 & 4; and
provided Councilors with survey results from the Oklahoma Municipal Assurance Group.
6. City Councilor /Trustee comments and inquiries
Councilors commented on Rejoice and Owasso football; A Christmas Carol presented by First
Baptist Owasso; and Mayor Kelley reported on comments received during the December Board
Meeting of the Indian Nation Council of Government (INCOG) related to the Redbud Festival
Park Lights On.
Owasso City Council, OPWA & OPGA
December 10, 2019
Page 2
7. Adjournment
The meeting adjourned at 6:49 pm.
Chris Kelley, Mayor /Chair
Juliann M. Stevens, City Clerk
Claims List - 12/17/2019
Fund Vendor Name
Payable Description
Payment
Amount
O1 GENERAL AT &T
CONSOLIDATED PHONE
$28.67
AT &T
LONG DISTANCE PHONE
$0.93
CITY GARAGE
LABORIOVERHEAD CHGS - DEC
$305.17
FLEETCOR TECHNOLOGIES
FUELMAN EXPENSES - NOV, 2
$82.22
JPMORGAN CHASE BANK
AMAZON- SUPPLIES
$916.44
JPMORGAN CHASE BANK
AMAZON- UNIFORM
$29.99
JPMORGAN CHASE BANK
FULLERTON- SUPPLIES
$35.50
JPMORGAN CHASE BANK
HOME DEPOT - SUPPLIES
$79.99
JPMORGAN CHASE BANK
MEDICAP- SUPPLIES
$9.14
JPMORGAN CHASE BANK
MIDWEST- SUPPLIES
$754.68
JPMORGAN CHASE BANK
WALMART- SUPPLIES
$293.20
VERIZON WIRELESS
WIRELESS CONNECTION
$80.02
GEN ANIMAL CONTROL -Total
AMAZON- CEILING FAN
$2,615.95
JPMORGAN CHASE BANK
OREILLY- BATTERY
$107.97
UNIFIRST HOLDINGS LP
UNIFORM SERVICE
$9.66
GEN CEMETERY -Total
$117.63
JPMORGAN CHASE BANK
BAILEY RANCH- SUPPLIES
$120.00
JPMORGAN CHASE BANK
BALLOON EXP- BALLOONS
$110.00
JPMORGAN CHASE BANK
OFFICE DEPOT - MARKERS
$19.59
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
$26.79
JPMORGAN CHASE BANK
PARTY PERFECT- RENTAL
$145.55
JPMORGAN CHASE BANK
SAMS -FOOD
$225.12
JPMORGAN CHASE BANK
WHISTLER- ADVERTISING
$500.00
JPMORGAN CHASE BANK
ZOHO -REGIS FEE
$10.00
GEN COMM CTR DONATIONS -Total
$1,157.05
AT &T
CONSOLIDATED PHONE
$44.90
AT &T
LONG DISTANCE PHONE
$1.40
JPMORGAN CHASE BANK
AMAX SIGNS -SIGN
$3,000.00
JPMORGAN CHASE BANK
AMAZON- CEILING FAN
$161.99
JPMORGAN CHASE BANK
AMAZON -COAT RACK
$19.99
JPMORGAN CHASE BANK
AMAZON -PAPER
$229.90
JPMORGAN CHASE BANK
AMAZON - SUPPLIES
$341.54
JPMORGAN CHASE BANK
BESTBUY -TV
$399.99
JPMORGAN CHASE BANK
FEDEX- SHIPPING
$42.13
JPMORGAN CHASE BANK
GAMESTOP- SUPPLIES
$130.67
JPMORGAN CHASE BANK
LOCKE- REPAIR
$7,57
JPMORGAN CHASE BANK
LOCKE -SINK VALVE
$18.88
JPMORGAN CHASE BANK
LOCKE- SUPPLIES
$45.77
JPMORGAN CHASE BANK
LOCKE -VALVE
$18.00
JPMORGAN CHASE BANK
LOWES -PAINT BRUSHES
$8.97
JPMORGAN CHASE BANK
OFFICE DEPOT- BINDERS
$23.08
L
Fund
[GI
Claims List - 12/17/2019
Vendor Name
GENERAL JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
ONEOK, INC OKLAHOMA NATURAL GAS
Payable Description Payment
Amount
OWASSO KEYS - HANDLE /KE
$101.18
SAMS -PAPER
$14.96
SHOP DOG -SIGNS
$750.00
WALMART- LIGHTS
$45.81
WALMART- RETURN
($8.32)
NATURAL GAS USAGE
$337.95
GEN COMMUNITY CENTER -Total
$5,736.36
CITY GARAGE
LABOR/OVERHEAD CHGS - DEC
$433.75
CITY GARAGE
VEH PARTS PURCHASED - NOV
$45.60
FLEETCOR TECHNOLOGIES
FUELMAN EXPENSES - NOV, 2
$141.49
JPMORGAN CHASE BANK
OFFICE DEPOT -HARD DRI
$211.64
JPMORGAN CHASE BANK
STURM - CONFERENCE FEE
$429.50
TULSA COUNTY CLERK
TULSA COUNTY FILINGS
$129.00
VERIZON WIRELESS
WIRELESS CONNECTION
$123.73
GEN COMMUNITY DEVELOPMENT - Total
$1,514.71
FELKINS ENTERPRISES, LLC
SIGN
$20.00
JPMORGAN CHASE BANK
CORNERSTONE - SUPPLIES
$3,289.06
JPMORGAN CHASE BANK
LOCKE - SUPPLIES
$29.48
JPMORGAN CHASE BANK -
LOCKE -TIMER
$56.89
JPMORGAN CHASE BANK
LOWES -ZIP TIES
$53.76
GEN CULTURE & RECREATION -Total
TULSA COUNTY FILINGS
$3,449,19
JPMORGAN CHASE BANK
IEDC -MEMB FEE
$455.00
JPMORGAN CHASE BANK
OK ACADEMY -MEMB FEE
$150.00
JPMORGAN CHASE BANK
OK NEWS -SUB FEE
$7.58
VERIZON WIRELESS
WIRELESS CONNECTION
$40.01
GEN ECONOMIC DEV -Total
$652.59
CITY GARAGE
LABOR/OVERHEAD CHGS - DEC
$74.33
FLEETCOR TECHNOLOGIES
FUELMAN EXPENSES - NOV, 2
$31.69
VERDIGRIS VALLEY ELECTRIC COOP
STORM SIREN ELECTRIC
$94.72
VERIZON WIRELESS
WIRELESS CONNECTION
$40.01
GEN EMERG PREPAREDNESS -Total
$240.75
BENCHMARK SURVEYING & LAND
SURVEY SERVICES
$1,500.00
SERVICES
CITY GARAGE
LABOR /OVERHEAD CHGS - DEC
$586.08
FLEETCOR TECHNOLOGIES
FUELMAN EXPENSES - NOV, 2
$123.59
JPMORGAN CHASE BANK
MAXWELL SPLY -PAINT
$129.38
TULSA COUNTY CLERK
TULSA COUNTY FILINGS
$44.00
UNIFIRST HOLDINGS LP
UNIFORM SERVICE
$13.17
VERIZON WIRELESS
WIRELESS CONNECTION
$40.01
GEN ENGINEERING -Total $2,436.23
CITY GARAGE LABOR/OVERHEAD CHGS - DEC $68.08
2
Claims List - 12/17/2019
Fund Vendor Name
Payable Description
Payment
Amount
01 GENERAL FLEETCOR TECHNOLOGIES
FUELMAN EXPENSES - NOV, 2
$28.33
JPMORGAN CHASE BANK
GRANT TRAINING CTR -TR
$1,100.00
RSM US LLP
AUDITING SERVICES
$23,625.00
GEN FINANCE -Total
$24,821.41
AMERICANCHECKED, INC ATTN: BILLING
SOLICITOR BACKGROUND
$114.80
CHEC
AT &T
CONSOLIDATED PHONE
$789.83
AT &T
LONG DISTANCE PHONE
$30.79
GRAND GATEWAY ECO. DEV. ASSC.
PELIVAN TRANSIT SERVICES
$10,200.00
IMPERIAL LLC
CITY HALL COFFEE SERVICE
$104.95
JPMORGAN CHASE BANK
ADMIRAL EXP- SUPPLIES
$150.00
MAILROOM FINANCE INC
POSTAGE
$1,000.00
ONEOK, INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
$748.08
RICOH USA, INC
COPIER SERVICE
$199.49
TULSA COUNTY CLERK
TULSA COUNTY FILINGS
$66.00
GEN GENERAL GOVERNMENT -Total
$13,403.94
AT &T
CONSOLIDATED PHONE
$16.23
ONEOK, INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
$119.02
GEN HISTORICAL MUSEUM -Total
$135.25
JPMORGAN CHASE BANK
SAVON- BANNERS
$495.00
GEN HR -CHAR INITIATIVE -Total
$495.00
AMERICANCHECKED, INC ATTN: BILLING
BACKGROUND CHECKS
$353.00
COMMUNITYCARE EAP
EAP
$416.52
JPMORGAN CHASE BANK
IPMA -MEMB FEE
$298.00
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
$136.53
JPMORGAN CHASE BANK
OWASSO CHAMBER -FEE
$20.00
JPMORGAN CHASE BANK
STRATA - CHARACTER MAG
$1,036.91
JPMORGAN CHASE BANK
TARGET - SUPPLIES
$12.99
JPMORGAN CHASE BANK
WELLOK- TRAINING
$15.00
GEN HUMAN RESOURCES -Total
$2,288.95
AT &T
CONSOLIDATED PHONE
$23.49
CITY GARAGE
LABOR/OVERHEAD CHGS - DEC
$68.08
CITY GARAGE
VEH PARTS PURCHASED - NOV
$12.08
FLEETCOR TECHNOLOGIES
FUELMAN EXPENSES - NOV, 2
$29.96
ICON ENTERPRISES, INC
CITYOFOWASSO WEBSITE
$6,084.54
HOST
JPMORGAN CHASE BANK
AMAZON- SUPPLIES
$28.97
JPMORGAN CHASE BANK
CDW -UPS REPL
$3,225.30
JPMORGAN CHASE BANK
LOWES -TOOLS
$116.98
JPMORGAN CHASE BANK
OFFICE DEPOT - BATTERY
$189.99
JPMORGAN CHASE BANK
SHI INTL- REFUND
($275.43)
3
Claims List - 12/17/2019
Fund Vendor Name Payable Description Payment
Amount
01 GENERAL JPMORGAN CHASE BANK USPS- POSTAGE $12.80
VERIZON WIRELESS WIRELESS CONNECTION $200.05
GEN INFORMATION TECH -Total
$9,716,81
A STITCH OF ART LLC
EMPLOYEE RECOGNITION
$300.00
CITY GARAGE
LABOR/OVERHEAD CHGS - DEC
$89.92
FLEETCOR TECHNOLOGIES
FUELMAN EXPENSES - NOV, 2
$27.30
JPMORGAN CHASE BANK
CUTTER &BUCK - JACKETS
$656.17
JPMORGAN CHASE BANK
EMPLOYEE APPRECIATION
$127.49
JPMORGAN CHASE BANK
MEETING EXPENSE
$24.00
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
$21.01
JPMORGAN CHASE BANK
OWASSO CHAMBER -FEE
$40.00
JPMORGAN CHASE BANK
PIKEPASS -FEES
$0.70
OKLAHOMA ASSOCIATION OF MUNICIPAL
CONFERENCE
$75.00
GEN MANAGERIAL -Total
$1,361.59
JPMORGAN CHASE BANK
PIKEPASS -FEES
$13.60
GEN MUNICIPAL COURT • Total
VEH PARTS PURCHASED - NOV
$13.60
AT &T
CONSOLIDATED PHONE
$12.43
CITY GARAGE
LABOR/OVERHEAD CHGS - DEC
$1,636.83
FLEETCOR TECHNOLOGIES
FUELMAN EXPENSES - NOV, 2
$251.01
JPMORGAN CHASE BANK
ATWOODS -TRASH BAGS
$8.99
JPMORGAN CHASE BANK
CORNERSTONE -PARTS
$105.95
JPMORGAN CHASE BANK
CORNERSTONE - SUPPLIES
$5.56
ONEOK, INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
$76.16
UNIFIRST HOLDINGS LP
PARK STAFF UNIFORMS
$66.48
VERIZON WIRELESS
WIRELESS CONNECTION
$40.01
GEN PARKS -Total
$2,203.42
AT &T
CONSOLIDATED PHONE
$324.21
JPMORGAN CHASE BANK
INTERSTATE- SUPPLIES
$63.80
JPMORGAN CHASE BANK
SAMS- PRISON BOARD
$9,98
JPMORGAN CHASE BANK
WALMART- PRISON BOARD
$62.96
GEN POLICE COMMUNICATIONS -Total
$460.95
CITY GARAGE
LABOR/OVERHEAD CHGS - DEC
$3,996.17
CITY GARAGE
VEH PARTS PURCHASED - NOV
$3,362.61
FLEETCOR TECHNOLOGIES
FUELMAN EXPENSES - NOV, 2
$548.63
JPMORGAN CHASE BANK
BROWN FARMS -SOD
$100.00
JPMORGAN CHASE BANK
LOWES- INSULATION
$639.80
JPMORGAN CHASE BANK
LOWES- LIGHTS
$179.96
JPMORGAN CHASE BANK
LOWES - PLYWOOD
$116.45
JPMORGAN CHASE BANK
LOWES- REFUND
($232.50)
JPMORGAN CHASE BANK
TURF LAND -BELTS
$34.95
4
Claims List - 12/17/2019
Fund Vendor Name
Payable Description
Payment
Amount
01 GENERAL UNIFIRST HOLDINGS LP
UNIFORM SERVICE
$482.91
VERIZON WIRELESS
WIRELESS CONNECTION
$80.02
GEN STORMWATER •Total
USER FEE REIM - GAYTAN
$9,309.00
AT &T
CONSOLIDATED PHONE
$46.97
CITY GARAGE
LABOR/OVERHEAD CHGS - DEC
$797.42
JPMORGAN CHASE BANK
AMAZON- FILTERS
$95.66
JPMORGAN CHASE BANK
FASTSIGNS- BANNERS
$413.83
JPMORGAN CHASE BANK
INTERSTATE - BATTERIES
$13.70
JPMORGAN CHASE BANK
LIBERTY -FLAGS
$225.26
JPMORGAN CHASE BANK
LOWES- REPAIR
$101.44
JPMORGAN CHASE BANK
LOWES - SUPPLIES
$111.21
JPMORGAN CHASE BANK
MURPHY- SUPPLIES
$35.82
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
$9.58
JPMORGAN CHASE BANK
SAPPHIRE WINDOW -CLEAN
$510.00
JPMORGAN CHASE BANK
SHI INTL- REFUND
($275.43)
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
$23.60
VERIZON WIRELESS
WIRELESS CONNECTION
$40.01
E911 COMMUNICATIONS -Total $13,870.48
E -911 -Total $13,870.48
GEN SUPPORT SERVICES -Total
$2,149.07
AEP /PSO
STREET LIGHTS
$9.00
TREASURER PETTY CASH
USER FEE REIM - GAYTAN
$20.00
GENERAL -Total
$29.00
GENERAL -Total
$84,308.45
20 AMBULANCE SERVICE
CITY GARAGE
LABOR /OVERHEAD CHGS - DEC
$931.00
CITY GARAGE
VEH PARTS PURCHASED - NOV
$96.71
FLEETCOR TECHNOLOGIES
FUELMAN EXPENSES - NOV, 2
$2,530.90
JPMORGAN CHASE BANK
AMAZON- LIGHTS
$15.99
JPMORGAN CHASE BANK
BOUND TREE - SUPPLIES
$164.24
JPMORGAN CHASE BANK
LIFE ASSIST - SUPPLIES
$840.00
JPMORGAN CHASE BANK
S ANESTHESIA- SUPPLIES
$136.78
JPMORGAN CHASE BANK
ULINE- SUPPLIES
$90.29
VERIZON WIRELESS
WIRELESS CONNECTION
$40.01
AMBULANCE -Total
$4,845.92
AMERICAN MUNICIPAL SERVICES CORP.
COLLECTION SERVICES
$53.25
AMBULANCE SERVICE -Total
$53,25
AMBULANCE SERVICE
-Total
$489917
21 E -911
AT &T
MO FEE T -1 CIRCUITS RADIO
$999.09
INCOG -E911
E911 ADMIN SVC FEES
$8,093.91
MOTOROLA SOLUTIONS, INC
SERVICE AGREEMENT
$4,777.48
E911 COMMUNICATIONS -Total $13,870.48
E -911 -Total $13,870.48
Claims List - 12/17/2019
Fund
Vendor Name
Payable Description
Payment
ENGINEERING SERVICES - E
$48,998.50
VSN RECAP 96TH1119.129TH -Total
Amount
25 HOTELTAX
JPMORGAN CHASE BANK
GREAT SOUTHERN -FEE
$750.00
TULSA COUNTY CLERK
JPMORGAN CHASE BANK
MEETING EXPENSE
$83.08
HOTEL TAX ECON DEV • Total
SEVEN C'S ENTERPRISES, INC
$833.08
$4,500.00
CITY GARAGE
LABOR/OVERHEAD CHGS - DEC
$139.58
TULSA COUNTY CLERK
CITY GARAGE
VEH PARTS PURCHASED - NOV
$59.66
FLEETCOR TECHNOLOGIES
FUELMAN EXPENSES - NOV, 2
$40.28
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
$21.74
JPMORGAN CHASE BANK
PIKEPASS -FEES
$21.10
JPMORGAN CHASE BANK
TULSA TECH - SUPPLIES
$100.00
STRONG NEIGHBORHOODS •Total
$382.36
HOTELTAX -Total
$121544
27 STORMWATER MANAGEMENT
J.E DIRT WURX LLC
CONSTRUCTION SERVICES - E
$6,881.56
96TH STN DRAIN IMPROV -Total
$6,881.56
MESHEK & ASSOCIATES, P.L.C.
ENGINEERING SERVICES - EL
$10,674.00
ELM CREEK PARK -Total
$10,674.00
UNIFIRST HOLDINGS LP
UNIFORM SERVICE
$328.90
VERIZON WIRELESS
WIRELESS CONNECTION
$40.01
STORMWATER - STORMWATER -Total
$368.91
STORMWATER MANAGEMENT
-Total
$17,924.47
34 VISION TAX
SEVEN C'S ENTERPRISES, INC
CONSULTING SERVICES - 116
$6,750.00
116THIGARNETT INTERS IMPR • Total
$520.00
$6,750.00
BKL INCORPORATED
ENGINEERING SERVICES - E
$48,998.50
VSN RECAP 96TH1119.129TH -Total
$22.94
$48,998.50
SEVEN C'S ENTERPRISES, INC
CONSULTING SERVICES - 116
$6,850.00
TULSA COUNTY CLERK
TULSA COUNTY FILINGS
$52.00
VSN RECAP GARNETT TO 129 - Total
$6,902.00
SEVEN C'S ENTERPRISES, INC
CONSULTING SERVICES - 116
$4,500.00
SOUTH KANSAS & OKLAHOMA RAILROAD
RAILROAD IMPROVEMENTS - 1
$107,481.00
TULSA COUNTY CLERK
TULSA COUNTY FILINGS
$44.00
VSN RECAP MINGO TO GARNET - Total $112,025.00
VISION TAX -Total $174,675.50
35 PARK DEVELOPMENT ALL MEDIA INTEGRATION LLC REDBUD FESTIVAL PARK - LA $21,903.86
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
JPMORGAN CHASE BANK
BARRETT ROBINS - MATERI
$520.00
BEST BUY- SUPPLIES
$84.98
CORNERSTONE- HEATERSlT
$431.96
LOWES - BATTERIES
$22.94
LOWES -RACKS
$556.00
LOWES- SUPPLIES
$225.70
LOWES -TAPE
$126.36
Claims List - 12/17/2019
Fund
Vendor Name
Payable Description
Payment
Amount
35 PARK DEVELOPMENT
JPMORGAN CHASE BANK
LOWES -TRASH CANS
$107.92
JPMORGAN CHASE BANK
PERF AUDIO - STRAPS
$95.00
JPMORGAN CHASE BANK
WRAPIT- CABLES TIES
$39.15
TREASURER PETTY CASH
PAINT
$29,90
PARK DEV REDBUD PARK -Total
$24,143.77
PARK DEVELOPMENT
-Total
$24,143.77
37 SALES TAX FIRE
AT &T
CONSOLIDATED PHONE
$37.30
BIG POPPY'S UNIFORMS & APPAREL
UNIFORMS
$19,804.00
CITY GARAGE
LABOR/OVERHEAD CHGS - DEC
$2,279.00
CITY GARAGE
VEH PARTS PURCHASED - NOV
$220.20
FLEETCOR TECHNOLOGIES
FUELMAN EXPENSES - NOV, 2
$2,269.91
JPMORGAN CHASE BANK
ACADEMY - UNIFORMS
$59.99
JPMORGAN CHASE BANK
ADVANCE AUTO -PARTS
$16.06
JPMORGAN CHASE BANK
AIR CLEAN TECH - REPAIR
$2,563.28
JPMORGAN CHASE BANK
AMAZON -DRILL BITS
$21.78
JPMORGAN CHASE BANK
AMAZON - FILTERS
$100.88
JPMORGAN CHASE BANK
AMAZON -PARTS
$14.55
JPMORGAN CHASE BANK
CLVCLIPPING -FEE
$3.99
JPMORGAN CHASE BANK
CORNERSTONE -PARTS
$9.66
JPMORGAN CHASE BANK
CORNERSTONE - SUPPLIES
$12.56
JPMORGAN CHASE BANK
EMBLEM TECH - UNIFORM
$801.88
JPMORGAN CHASE BANK
FIRE PROT PUB- MANUALS
$198.90
JPMORGAN CHASE BANK
HOME DEPOT -TOOLS
$231.40
JPMORGAN CHASE BANK
LOCKE -LIGHT BULBS
$40.74
JPMORGAN CHASE BANK
LOCKE- SUPPLIES
$3.47
JPMORGAN CHASE BANK
LOWES- SUPPLIES
$205.52
JPMORGAN CHASE BANK
MEETING EXPENSE
$114.53
JPMORGAN CHASE BANK
MIENS WAREHOUSE- UNIFOR
$219.97
JPMORGAN CHASE BANK
NAFECO -PPE
$23,738.62
JPMORGAN CHASE BANK
NAFECO- UNIFORM
$731.04
JPMORGAN CHASE BANK
NOBULL- FITNESS
$140.50
JPMORGAN CHASE BANK
OK POLICE SPLY- UNIFOR
$39.50
JPMORGAN CHASE BANK
OVERHEAD- REPAIR
$629.00
JPMORGAN CHASE BANK
OWASSO FENCE- REMOTES
$290.00
JPMORGAN CHASE BANK
PIKEPASS -FEES
$50.60
JPMORGAN CHASE BANK
PSN -FEE
$3,49
JPMORGAN CHASE BANK
SAFE KIDS -CERT FEE
$55.00
JPMORGAN CHASE BANK
SAMS- SUPPLIES
$421.38
JPMORGAN CHASE BANK
TRACE ANALYTICS -PARTS
$50.18
JPMORGAN CHASE BANK
ULINE- SHELVING
$751.58
JPMORGAN CHASE BANK
WALMART- SUPPLIES
$30.51
7
Claims List - 12/17/2019
Fund
Vendor Name
Payable Description
Payment
Amount
37 SALES TAX FIRE
JPMORGAN CHASE BANK
WASH CO RW -WATER
$126.80
JPMORGAN CHASE BANK
WPSG- UNIFORMS
$141.19
ONEOK, INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
$830.65
VERIZON WIRELESS
WIRELESS CONNECTION
$960.24
SALES TAX FUND -FIRE - Total
$58,219.85
SALES TAX FIRE
• Total
$58,219.85
38 SALES TAX POLICE
AT &T
CONSOLIDATED PHONE
$775.17
AT &T
LONG DISTANCE PHONE
$30.79
CITY GARAGE
LABOR/OVERHEAD CHGS - DEC
$10,660.67
CITY GARAGE
VEH PARTS PURCHASED - NOV
$3,161.90
FIREFIGHTER SELECTION, INC
NEW HIRE TESTING SUPL
$741.88
FLEETCOR TECHNOLOGIES
FUELMAN EXPENSES - NOV, 2
$7,528.81
JPMORGAN CHASE BANK
AMAZON- SUPPLIES
$828.38
JPMORGAN CHASE BANK
AMER WASTE- RENTAL
$109.54
JPMORGAN CHASE BANK
BROWNELLS- SUPPLIES
$48.71
JPMORGAN CHASE BANK
CAMFIL- FILTERS
$139.56
JPMORGAN CHASE BANK
CMI- SUPPLIES
$332.88
JPMORGAN CHASE BANK
FAM ANIMAL MED -K9 MED
$333.99
JPMORGAN CHASE BANK
FOSTERS- REPAIR
$614.28
JPMORGAN CHASE BANK
INTEGRIS- PHYSICALS
$1,425.00
JPMORGAN CHASE BANK
LOCKE- LIGHTS
$1,365.18
JPMORGAN CHASE BANK
MEETING EXPENSE
$37.15
JPMORGAN CHASE BANK
MTM RECOG- UNIFORM
$739.51
JPMORGAN CHASE BANK
MURPHY -SOAP
$123.60
JPMORGAN CHASE BANK
OFFICE DEPOT - BATTERY
$74.99
JPMORGAN CHASE BANK
OPTICSPLANET- SUPPLIES
$77.09
JPMORGAN CHASE BANK
OREILLY -PARTS
$39.84
JPMORGAN CHASE BANK
PHOENIX- RIFLES
$1,890.00
JPMORGAN CHASE BANK
REASORS- SUPPLIES
$7.99
JPMORGAN CHASE BANK
ROTOROOTER- SERVICE
$162.00
JPMORGAN CHASE BANK
SAMS- SUPPLIES
$159.20
JPMORGAN CHASE BANK
THOMSON WEST -CLEAR AC
$770.44
JPMORGAN CHASE BANK
WALMART- SUPPLIES
$33.49
JPMORGAN CHASE BANK
WAMART- SUPPLIES
$95.53
M & M MICRO SYSTEMS INC
SOMS DIGITICKET INTERFACE
$2,000.00
MIDWEST MARBLE CO.
STATUE REPAIR
$960.00
ONEOK, INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
$728.53
OWASSO FOP LODGE #149 POLICE DEPT
LEGAL DEFENSE
$371.00
VERIZON WIRELESS
WIRELESS CONNECTION
$920.23
SALES TAX FUND- POLICE -Total
$37,287.33
SALES TAX POLICE
- Total
$37,287.33
19,
Claims List - 12/17/2019
Fund Vendor Name Payable Description Payment
Amount
39 SALES TAX STREETS GRADE LINE CONSTRUCTION CONSTRUCTION SERVICES - F $59,181.52
FY19 STREET REHAB -Total
$59,181.52
AEP /PSO
STREET LIGHTS
$6,613.60
CITY GARAGE
LABOR/OVERHEAD CHGS - DEC
$2,975.17
CITY GARAGE
VEH PARTS PURCHASED - NOV
$257.55
FLEETCOR TECHNOLOGIES
FUELMAN EXPENSES - NOV, 2
$984.52
JPMORGAN CHASE BANK
ACADEMY -BOOT DRYER
$69.99
JPMORGAN CHASE BANK
ATWOODS -BOOT DRYERS
$156.97
JPMORGAN CHASE BANK
ATWOODS -STRAP
$9,94
JPMORGAN CHASE BANK
ATWOOODS- SUPPLIES
$6.19
JPMORGAN CHASE BANK
BROWN FARMS - RETURN
($22.12)
JPMORGAN CHASE BANK
BROWN FARMS -SOD
$112.00
JPMORGAN CHASE BANK
CORE &MAIN -HOSE
$51.60
JPMORGAN CHASE BANK
DUNHAMS- ASPHALT
$123.05
JPMORGAN CHASE BANK
H &E EQUIP- EQUIPMENT
$22,950.00
JPMORGAN CHASE BANK
INTERSTATE - BATTERIES
$274.00
JPMORGAN CHASE BANK
LOCKE- INSULATION
$144.00
JPMORGAN CHASE BANK
LOCKE- SUPPLIES
$317.70
JPMORGAN CHASE BANK
LOWES- FENCING
$212.88
JPMORGAN CHASE BANK
LOWES- MATERIALS
$52.69
JPMORGAN CHASE BANK
LOWES -SIGNS
$147.72
JPMORGAN CHASE BANK
OK.GOV -FEE
$3.75
JPMORGAN CHASE BANK
P &K -PARTS
$154.33
JPMORGAN CHASE BANK
PIKEPASS -FEES
$13.38
JPMORGAN CHASE BANK
TRAVELEXPENSE
$140.43
JPMORGAN CHASE BANK
TRAVEL EXPENSE REFUND
($27.90)
JPMORGAN CHASE BANK
TULSA ASPHALT - ASPHALT
$215.73
JPMORGAN CHASE BANK
VANCE BROS- SUPPLIES
$205.25
UNIFIRST HOLDINGS LP
UNIFORM SERVICE
$106.29
VERDIGRIS VALLEY ELECTRIC COOP
CHAMPION STREET LIGHT
$83.53
VERDIGRIS VALLEY ELECTRIC COOP
SECURITY LIGHT
$7.01
VERIZON WIRELESS
WIRELESS CONNECTION
$80.02
SALES TAX FUND-STREETS -Total $36,419.27
SALES TAX STREETS -Total $95,600.79
40 CAPITAL IMPROVEMENTS NICHOLE MYERS LLC DEPOSITION $444.75
CIP GARN RD WIDE 106 -116 -Total $444,75
MESHEK & ASSOCIATES, P.L.C. PROFESSIONAL SERVICES $1,731.40
CIP LAKERIDGE /CNTL PARK - Total $1,731.40
CAPITAL IMPROVEMENTS -Total $2,176.15
68 OPWA TIF JPMORGAN CHASE BANK WEIHAAS -WEB FEE $600.00
9
Claims List - 12/17/2019
Fund
Vendor Name
Payable Description
Payment
Amount
68 OPWA TIF
ECON DEV TIF -Total
$600.00
OPWA TIF -Total
$600.00
70 CITY GARAGE
AT &T
CONSOLIDATED PHONE
$16.23
JPMORGAN CHASE BANK
AMERIFLEX -FUEL LINE
$102.35
JPMORGAN CHASE BANK
AMERIFLEX -HOSE
$108.49
JPMORGAN CHASE BANK
AMERIFLEX- SUPPLIES
$69.30
JPMORGAN CHASE BANK
FASTSIGNS- DECALS
$25.00
JPMORGAN CHASE BANK
GOODYEAR - RECAPS
$3,528.22
JPMORGAN CHASE BANK
HESSELBEIN -TIRES
$276.22
JPMORGAN CHASE BANK
KACOMM -PARTS
$732.33
JPMORGAN CHASE BANK
LENOX- TOWING
$217.00
JPMORGAN CHASE BANK
LOCKE- REPAIR
$46.82
JPMORGAN CHASE BANK
MATTHEWS- REPAIR
$543.42
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
$819
JPMORGAN CHASE BANK
SUMMIT -PARTS
$785.08
JPMORGAN CHASE BANK
UNITED FORD -PART RESA
$25.57
ONEOK, INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
$358.26
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
$55.26
CITY GARAGE -Total
$6,897.74
CITY GARAGE -Total
$6,897.74
76 WORKERS' COMP SELF -INS
CITY OF OWASSO IMPREST ACCOUNT
WC- EXPENSE 2020
$4,435.27
UNITED SAFETY & CLAIMS INC
UNITED SAFETY CLAIMS
$1,658.33
WORKERS' COMP SELF -INS -Total
$6,093.60
WORKERS' COMP SELF -INS -Total
$6,093.60
77 GENERAL LIABILITY - PROPERT
JPMORGAN CHASE BANK
BAXTERSTONE -TORT CLAI
$350.00
JPMORGAN CHASE BANK
FOSTERS- REPAIR
$528.47
PHILLIP R. PENNINGTON
FENCE REPAIR
$3,155.00
GEN LIAB -PROP SELF INS -Total $4,033.47
GENERAL LIABILITY - PROPERT - Total $4,033.47
78 HEALTHCARE SELF INS FUND JPMORGAN CHASE BANK NEXTCARE -FLU SHOTS $1,320.00
SELF -INS HEALTHCARE -Total $1,320.00
HEALTHCARE SELF INS FUND -Total $1,320.00
City Grand Total $533,266.21
10
TO: The Honorable Mayor and City Council
FROM: Jerry Fowler, Neighborhood Coordinator
Josh Quigley, Community Center Manager
SUBJECT: Donation - Keep Oklahoma Beautiful
DATE: December 13, 2019
BACKGROUND:
Keep Oklahoma Beautiful (KOB) offers Fresh Paint Days, annually in September, which is a
project designed to encourage volunteers to seek out community structures and renovate them
with the creative use of resources.
Owasso Strong Neighborhood Initiative (OSNI), in partnership with Owasso Community Center,
submitted an application to KOB in August 2019, for the project of painting the outside walls of
the Community Center. The City's application was approved. During the September 3, 2019
meeting,. the City Council accepted a KOB Fresh Paint donation in the form of paint and a
stipend of $250.
The project was completed in September 2019. The wrap -up report along with photos was
submitted to KOB, as required. The project was chosen as one of three (3) finalists for the 2019
Fresh Paint Days. The owner of H-I-S Coatings & Paint selected Owasso's project as thels, Place
Winner and through KOB, made a donation of $1,000 along with the KOB Communities Primed
for Change Award.
This was a joint partnership between OSNI and the Owasso Community Center. The donation will
be divided between the two departments.
RECOMMENDATION:
Staff recommends acceptance of the KOB donation of $1,000 and approval of a budget
amendment in the Hotel Tax Fund, increasing estimated revenues and the appropriation for
expenditures in the Strong Neighborhood Department - OSNI Grants by $500 and a budget
amendment in the General Fund, increasing estimated revenues and the appropriation for
expenditures in the Community Center Department by $500.
sd
ORIALPM.O.-IlEAL Gheroc.r •REAL Communlry
TO: The Honorable Mayor and City Council
FROM: Larry Langford
Director of Recreation and Culture
SUBJECT: Budget Amendment for General Fund
DATE: December 13, 2019
BACKGROUND:
The City has received donations from various donors for the Redbud Festival Park improvements,
the Dog Park and the Harvest Festival. The total donations are expected to be $17,500. A
budget amendment to appropriate funds for expenditure is proposed in order to make these
donations available in the FY 2020 Budget.
RECOMMENDATION:
Staff recommends approval of a budget amendment in the General Fund increasing the
appropriation for expenditures by $17,500.
sd
REAL Poaplo • REAL Cheroclor •REAL Communlry
TO: The Honorable Mayor and City Council
FROM: Larry Langford
Director of Recreation and Culture
SUBJECT: Budget Amendment for Park Development Fund
DATE: December 13, 2019
BACKGROUND:
The City has received donations from various donors for the Redbud Festival Park improvements,
including, trees, tables, the main stage, and the sound system. The total donations are expected
to be $145,000. A budget amendment to appropriate funds for expenditure is proposed in order
to make these donations available in the FY 2020 Budget.
RECOMMENDATION:
Staff recommends approval of a budget amendment in the Park Development Fund increasing
the appropriation for expenditures by $145,000.
s�
RY"" REA, "nractor • REAL Community
TO: The Honorable Mayor and City Council
FROM: Jason Woodruff
Deputy Chief of Police
SUBJECT: Ground Zero Roofing Final Payment
DATE: December 13, 2019
BACKGROUND:
On May 7, 2019, City Council awarded the bid for the replacement of the roof on the Owasso
Police Headquarters Facility to Ground Zero Roofing & Construction of Newcastle, Oklahoma in
the amount of $71,500.
PROJECT:
The initial payment of $53,525 was issued for a materials draw at the onset of the project. The
project has now been completed and successfully passed inspection by the materials
manufacturer related to the proper installation requirements of the roofing membrane system to
honor the materials warranty. Staff has determined that Ground Zero Roofing has satisfied all
requirements of the contract.
RECOMMENDATION:
Staff recommends acceptance of the Owasso Police Department Headquarters Roof
Replacement Project, and authorization for final payment to Ground Zero Roofing of Newcastle,
Oklahoma, in the amount of $17,875.
ATTACHMENT:
Final Invoice
ZL
JIMROOFING & CONSTRUCTION
Ground Zero Roofing ft Const. CO; LLC
PO Box 1272
Newcastle, OK 73065
Phone: (405) 314-8538
groundzeroroofingsb@ctmaii.com
OK License #80002107
To City of Owasso
200 S. Main
Owasso, OK. 74055
INVOICE
INVOICE # 7803
DATE: SEPTEMBER 16, 2019
LOCATION Owasso Police Dept.
111 N Main St.
Owasso, OK.
JOB PAYMENT TERMS
Owasso Police Dept. Due on Completion
DESCRIPTION
TOTAL
1. Total Contract Price
$71,500.00
2. Material Draw (PAID)
$53,625.00
3. Remaining Balance
$17,875.00
TOTAL DUE
$17,875.00
Make all checks payable to Ground Zero Roofing & Const. CO; LLC
THANK YOU FOR YOUR BUSINESSH
sd
OKA�P.Pl.-M' Ch..11 • REAI. CommuAty
TO: The Honorable Mayor and City Council
FROM: Michele Dempster
Human Resources Director
SUBJECT: Ordinance 1157, Oklahoma Municipal Retirement Plan Amendments
DATE: December 13, 2019
BACKGROUND:
Oklahoma Municipal Retirement Fund (OkMRF), the retirement plan for employees not
participating in State Police or State Fire Retirement plans, requires the City Council acting as the
OkMRF Retirement Committee to approve plan updates and amendments.
The OkMRF Defined Benefit Master Plan and Joinder Agreement have recently been updated
and approved by the Internal Revenue Service (IRS). Some of the changes are required while
others provide clarification in the plan language. The IRS requires OkMRF member cities to
formally adopt the plan language changes through approval of an Ordinance and Joinder
Agreement.
Changes are outlined in the attached Summary of Changes. The presented changes do not
impact the cost of the retirement plan or plan benefits. The most significant change is the IRS
declining to allow the continued inclusion of the plan provision which provided for forfeiture of
benefits of Employees committing certain crimes against the employer. However, the state
statute addressing Municipal Employees and Forfeiture of Retirement Benefits Upon Conviction
of Crime is still applicable (11 O.S. § 1 -110).
RECOMMENDATION:
Staff recommends adoption of Ordinance 1157, amending the Oklahoma Municipal Retirement
Fund Defined Benefit Plan Joinder Agreement, and the Oklahoma Municipal Retirement Fund
Master Defined Benefit Plan.
ATTACHMENTS:
Summary of Changes
Notice Regarding Loss of Benefits for Cause /1 1 O.S. § 1-110
Ordinance 1157
MC.AFEE &TAFT
A P R O F E 5 5 I O N A L C O R P O R A T I O N
10TH FLOOR • TWO LEADERSHIP SQUARE
211 NORTH ROBINSON • OKLAHOMA CITY, OK 73102 -7103
(405) 235 -9621 • FAX (405) 235 -0439
w V.Mcafmtaftxcm
MEMORANDUM
TO: Oklahoma Municipal Retirement Fund
FROM: McAfee & Taft A Professional Corporation
(John A.Papahronis)
DATE: April 10, 2018
RE: Oklahoma Municipal Retirement Fund Master Defined Benefit Plan and
Joinder Agreement— Summary of Material Changes
The following summary compares the current version of the Oklahoma Municipal
Retirement Fund Master Defined Benefit Plan and Joinder Agreement with the version recently
approved by the Internal Revenue Service:
A. Master Defined Benefit Plan
See.
Feature
Current Version
Newly- Anoroved Version
2.1
Definitions of
Included statutory references
IRS requested that statutory
Employer,
references be removed
Municipality and
OMRF
2.1
Definition of
Requires termination of
Adds requirement that participant
Retirement
employment and fulfillment of
attain age 55
requirements
6.1
Severance
Applies for a termination of
Deletes exclusion of termination
Benefit
employment for a reason other
by reason of death
than death
6.2
Death benefit
Applies upon death prior to date
Adds alternative trigger for death
fixed for commencement of
before Committee approval for
pension
pension commencement
6.3
Death after
Death benefit payable to
Adds alternative trigger for death
commencement
beneficiary when participant
after date Committee approves
of pension
dies after date fixed for start of
pension commencement
pension
Da &2 wand IoW Pbn Summ nh S=(2018)
OKI AH()AMA CnY 'IUI.5A
6.5
Designation of
Did not address voiding of
Provides that beneficiary
Beneficiary
beneficiary designation by
designation may be voided upon
divorce
divorce under state law
9.1(a)
Transfer to
Effects on participation in Plan
Addresses effects when employee
another category
transfers to another OMRF plan
with Employer
8.1(b)
Transfer to
Entitled to pension if eligible
Will continue to accrue service for
another
NRA if other municipality is in
Municipality
OMRF
9.6
No Participant
No provision
Per IRS added provision that no
Loans
participant loans are available
10.9
Re- employment
Addresses reemployment when
Addresses reemployment when
of Former
plan provides for participant
Plan has Non - Contribution Option
Employees
contributions
10.10
Re- employment
Counts compensation and
Addresses applicable pension
(a)
of Deferred
service prior and subsequent to
benefit formula when formula has
Vested
reemployment
changed
Participants
10.10
Re- employment
Describes pension after
Adds explanation of early
(b)
of participants in
subsequent retirement
reduction adjustment. Allows
pay status
selection of new form of payment
10.12
Loss of Benefits
Participant can lose benefits for
Deleted per IRS request and
for Cause
Cause
reserved
11.3
Non- Alienation
Fund is exempt from
Deleted reference to Oklahoma
of Benefits
attachment or alienation
statutes as per IRS request
11.6
Qualified
No payment prior to actual
Adds that no payments prior to
Domestic
retirement of participant
withdrawal of participants
Relations Order
Sig.
Identification of
No provision
Adds information identifying the
Page
Volume
Volume Submitter Practitioner
Submitter
Practitioner
B. Joinder Aereement
See.
Feature
Current Version
Newly- Approved Version
2.
Employee
Blank line for variations
Multiple options for common
variations
4.
Compensation
Allows the Employer to exclude
Adds additional possible exclusions
certain items from the definition
for "Longevity Pay," and accrued
of Compensation
vacation and sick leave paid upon
termination of employment
3.
Eligibility
Participation commences after
Waiting period begins on hire date
Commencement
employment and waiting period
if individual meets requirements
7C
Normal
on of Modified Ride of
Addresses termination of
Retirement Age
:Addc:resstei
employment after transfer to
another municipality
7E
Service Credit
s service cr edit prior to
Allows limitation of credit for
Prior to
effective date
different purposes
Effective Date
1.0
Retiree Plan
Addresses retiree plan
Clarifies that rehired employees
Improvement
improvement
receive improvements even if
Option
retirees do not
Sig.
Required
Not addressed
Adds IRS required disclosure
Page
Disclosure re
regarding the use and restrictions of
Volume
a VOlune Submitter PIan
Submitter
pA96TORYMY NOVICE
The retirement plan(s) which you have adopted through the Oklahoma Municipal Retirement
Fund (OkMRF) represent tax qualified plans which means that the Internal Revenue Service
(IRS) has reviewed the plan(s) and issued a determination letter that the plans are approved
under the provisions of Section 401(a) of the Internal Revenue Code (IRC). Therefore, you as
the Employer, may rely on the determination letter as assurance that your plan meets these
legal requirements, complies with the relevant sections of the IRC and is "qualified" meaning
that it qualifies for special tax treatment.
In the most recent submittal of the plans to the IRS under the provisions of their Volume
Submitter Program, the IRS declined to allow the inclusion of a provision of the plan which
provided for forfeiture of benefits of Employees committing certain crimes against the
Employer. Below is the language that has previously been included in the plans; but by IRS
requirement, has now been removed:
Loss of Benefits For Cause. In the event an Employee is discharged because of
embezzlement, fraud, dishonesty, or misappropriation of the Employer's property, and the
reasons for the discharge are confinned by resolution of the City Council after such
Employee is afforded an opportunity to be heard, neither he, nor his Beneficiary, shall be
entitled to receive any benefit hereunder other than his Contribution Accumulation as of
the date of his discharge, regardless of his age and service on the date of his discharge.
Likewise, such benefits to which any retired Employee or his Beneficiary, or the
Beneficiary of a deceased employee would otherwise be entitled under this Plan, shall be
forfeited upon discovery, even after termination of employment or death, of any such
embezzlement, fraud, dishonesty, or misappropriation of the Employer's property, by the
Employee against the Employer.
Because OkMRF had to remove the above section from our volume submitter plans, you as the
Employer, will need to reference Oklahoma State Law in regards to forfeiture of retirement
benefits. Therefore, in the event you face a situation where an Employee is charged with a
felony for bribery, corruption, forgery or perjury or any other crime related to the duties of his
or her office or employment in a state or federal court of competent jurisdiction the procedure
cited on the back of this NOTICE from the Oklahoma Municipal Code is still applicable
concerning forfeiture of retirement benefits. You should familiarize yourself with this
provision and rely on it for guidance in the event of the occurrence of a crime as described
herein. You should notify the prosecuting attorney of the existence of any retirement benefits
so proper action can be taken by the prosecuting attorney and ultimately report the outcome of
the forfeiture of benefits to OkMRF. We have provided the applicable Oklahoma Statute for
your review and understanding.
Continued on Back
Oklahoma Statutes Citationized
t7Title 11. Cities and Towns
'Chapter 1 - Oklahoma Municipal Code
G
"VArticle Article I - General Provisions and Definitions
Section 1 -110 - Municipal Employees - Forfeiture of Retirement Benefits Upon
Conviction of Crime - Procedures - Applicability of Act
Cite as: O.S. §,
A. Any municipal officer or employee upon final conviction of, or pleading guilty or nolo
contendere to, a felony for bribery, corruption, forgery or perjury or any other crime related to the
duties of his or her office or employment in a state or federal court of competent jurisdiction shall
forfeit retirement benefits provided by law. The forfeiture of retirement benefits shall not occur if
any such officer or employee received a deferred sentence, but retirement benefits shall not
commence prior to completion of the deferred sentence. The forfeiture of retirement benefits
required by this section shall not include the officers or employee's contributions to the retirement
system or retirement benefits that are vested on the effective date of this act.
B. The forfeiture of retirement benefits as provided by subsection B of this section shall also apply
to any such officer or employee who, after leaving the office or employment, is convicted of, or
pleads guilty or nolo contendere to, in a state or federal court of competent jurisdiction, a felony
committed while in such office or employment, where the felony is for bribery, corruption, forgery
or perjury or any other crime related to the duties of his or her office or employment.
C. The forfeiture shall continue until such time as the conviction or guilty plea is reversed by the
highest appellate court to which the officer or employee may appeal.
D. The attorney responsible for prosecuting the municipal officer or employee shall notify the
retirement system in which the officer or employee is enrolled of the forfeiture of the officer's or
employee's retirement benefits. Upon receipt of the notice of forfeiture, the retirement system
shall immediately suspend all benefits of the officer or employee, and shall notify the officer or
employee of his or her right to a hearing to review whether the conviction or plea qualifies for
forfeiture of benefits under this section. If the conviction or plea occurs in federal court or the
notice of forfeiture is not forthcoming from the state prosecutor, the retirement system may
investigate and gather court documents and contact prosecutors to determine whether the
conviction or plea qualifies under this section. Upon obtaining sufficient documentation of the
conviction or plea, the retirement system shall immediately suspend all benefits of the officer or
employee, and notify the officer or employee of his or her right to a hearing to review whether the
conviction or plea qualifies for forfeiture of benefits under this section.
E. The provisions of this section shall apply to a municipal officer or employee who is a member
of a retirement system authorized in Sections 48 -101 through 48 -106 of Title 11 of the Oklahoma
Statutes, the Oklahoma Firefighters Pension and Retirement System, the Oklahoma Police
Pension and Retirement System or the Oklahoma Public Employees Retirement System.
CITY OF OWASSO, OKLAHOMA
ORDINANCE 1157
AN ORDINANCE AMENDING THE EMPLOYEE RETIREMENT SYSTEM, DEFINED BENEFIT PLAN FOR
THE CITY OF OWASSO, OKLAHOMA BY ADOPTING A REVISED AND RESTATED RETIREMENT
PLAN; PROVIDING RETIREMENT BENEFITS FOR ELIGIBLE EMPLOYEES OF THE CITY OF OWASSO,
OKLAHOMA; PROVIDING FOR PURPOSE AND ORGANIZATION; PROVIDING FOR DEFINITIONS;
PROVIDING FOR ELIGIBILITY AND PARTICIPATION; PROVIDING FOR NON - ALIENATION OF
BENEFITS; PROVIDING FOR EMPLOYER AND EMPLOYEE CONTRIBUTIONS; PROVIDING FOR
ACCOUNTING, ALLOCATION, AND VALUATION; PROVIDING BENEFITS; PROVIDING FOR
REQUIRED NOTICE; PROVIDING FOR AMENDMENTS AND TERMINATION; PROVIDING FOR
TRANSFER TO AND FROM OTHER PLANS; CREATING A RETIREMENT COMMITTEE AND
PROVIDING FOR POWERS, DUTIES, AND RIGHTS OF RETIREMENT COMMITTEE; PROVIDING FOR
PAYMENT OF CERTAIN OBLIGATIONS; PROVIDING FOR DURATION AND PAYMENT OF
EXPENSES; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR VESTING SCHEDULES;
PROVIDING FOR A FUND TO FINANCE THE SYSTEM TO BE POOLED WITH OTHER
INCORPORATED CITIES, TOWNS AND THEIR AGENCIES AND INSTRUMENTALITIES FOR
PURPOSES OF ADMINISTRATION, MANAGEMENT, AND INVESTMENT AS PART OF THE
OKLAHOMA MUNICIPAL RETIREMENT FUND; PROVIDING FOR PAYMENT OF ALL
CONTRIBUTIONS UNDER THE SYSTEM TO THE OKLAHOMA MUNICIPAL RETIREMENT FUND FOR
MANAGEMENT AND INVESTMENT; PROVIDING FOR REPEALER AND SEVERABILITY; ADOPTING
THOSE AMENDMENTS MANDATED BY THE INTERNAL REVENUE CODE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA:
Section 1: That pursuant to the authority conferred by the laws of the State of Oklahoma,
and for the purpose of encouraging continuity and meritorious service on the part of City
employees and thereby promote public efficiency, there is hereby authorized created,
established, and approved and adopted, effective as of January 1, 2020, the amended and
restated Plan designated "Employee Retirement System of the City of Owasso, Oklahoma,
Defined Benefit Plan," (hereinafter called System), an executed counterpart of which is marked
Exhibit "A" (Joinder Agreement) and Exhibit 'B" (amended and restated plan) and attached
hereto as part hereof.
Section 2: FUND.
A fund is hereby provided for the exclusive use and benefit of the persons entitled to benefits
under the System. All contributions to such fund shall be paid over to and received in trust for
such purpose by the City. Such Fund shall be pooled for purposes of management and
investment with similar funds of other incorporated cities, towns, and municipal trusts in the State
of Oklahoma as a part of the Oklahoma Municipal Retirement Fund in accordance with the trust
agreement of the Oklahoma Municipal Retirement Fund, a public trust. The City shall hold such
contributions in the form received, and from time to time pay over and transfer the same to the
Oklahoma Municipal Retirement Fund, as duly authorized and directed by the Board of Trustees.
The Fund shall be nonfiscal and shall not be considered in computing any levy when the annual
estimate is made to the County Excise Board.
Section 3. APPROPRIATIONS.
The City of Owasso, Oklahoma, is hereby authorized to incur the necessary expenses for the
establishment, operation, and administration of the System, and to appropriate and pay the
same. In addition, the City of Owasso, Oklahoma, is hereby authorized to appropriate annually
such amounts as are required in addition to employee contributions to maintain the System and
the Fund in accordance with the provisions of the Defined Benefit Plan. Any appropriation so
made to maintain the System and Fund shall be for deferred wages or salaries, and for the
payment of necessary expenses of operation and administration to be transferred to the trustees
of the Oklahoma Municipal Retirement Fund for such purposes and shall be paid into the Fund
when available, to be duly transferred to the Oklahoma Municipal Retirement Fund.
Section 4. EXECUTION.
The Mayor and City Clerk be and they are each hereby authorized and directed to execute (in
counterparts, each of which shall constitute an original) the System instrument, and to do all
other acts and things necessary, advisable, and proper to put said System and related trust into
full force and effect, and to make such changes therein as may be necessary to qualify the
some under Sections 401 (a) and 501(a) of the Internal Revenue Code of the United States. The
counterpart attached hereto as Exhibit "A" and Exhibit "B ", which has been duly executed as
aforesaid simultaneously with the passage of this Ordinance and made a part hereof, is hereby
ratified and confirmed in all respects.
This Committee is hereby authorized and directed to proceed immediately on behalf of the City
of Owasso, Oklahoma, to pool and combine the Fund into the Oklahoma Municipal Retirement
Fund as a part thereof, with similar funds of such other cities and towns, for purposes of pooled
management and investment.
Section 5. REPEALER.
Any Ordinance inconsistent with the terms and provisions of this Ordinance is hereby repealed,
provided, however, that such repeal shall be only to the extent of such inconsistency and in all
other respects this Ordinance shall be cumulative of other ordinances regulating and governing
the subject matter covered by this Ordinance.
Section 6. SEVERABILITY.
If, regardless of cause, any section, subsection, paragraph, sentence or clause of this
Ordinance, including the System as set forth in Exhibit "A" and Exhibit "B ", is held invalid or to be
unconstitutional, the remaining sections, subsections, paragraphs, sentences, or clauses shall
continue in full force and effect and shall be construed thereafter as being the entire provisions
of this Ordinance.
** *END * **
ADOPTED this 17ih day of December, 2019.
0
ATTEST:
Juliann M. Stevens, City Clerk
Chris Kelly, Mayor
APPROVED as to form and legality this day of 2019.
Julie Lombardi, City Attorney
Exhibit A
OKLAHOMA MUNICIPAL RETIREMENT FUND
MASTER DEFINED BENEFIT PLAN
JOINDER AGREEMENT
City of Owasso [a municipality chartered, incorporated or formed under the laws of Oklahoma], a city, town,
agency, instrumentality, or public trust located in the State of Oklahoma, with its principal office at Owasso,
Oklahoma, hereby establishes a Defined Benefit Plan to be known as City of Owasso Plan (the "Plan') in the
form of The Oklahoma Municipal Retirement Fund Master Defined Benefit Plan.
Except as otherwise provided herein, the definitions in Article 11 of the Plan apply.
1. Dates.
[ ] This instrument is a new Plan effective _ [such date may not be earlier than the first day of the
Plan Year in which it is executed].
[ X ] This instrument is an amendment, restatement and continuation of the Previous Plan, which was
originally July 1. 1972. The effective date of this Joinder Agreement is January 1, 2020 [such
date may not be earlier than the first day of the Plan Year beginning in 2008, or the first day of the
initial Plan Year, if later], except as otherwise stated in the Plan and the Joinder Agreement.
2. Employee.
The word "Employee" shall mean:
[XI Any person other than a Leased Employee who, on or after the Effective Date, is considered to be
a regular full -time employee in accordance with the Employer's standard personnel policies and
practices, and is receiving remuneration for such services rendered to the Employer (including any
elected official and any appointed officer or employee of any department of the Employer, whether
governmental or proprietary in nature), including persons on Authorized Leave of Absence.
Employees shall not include independent contractors. Elected members of the City Council shall
not be considered to be Employees solely by reason of their holding such office.
[ ] Any person other than a Leased Employee who, on or after the Effective Date, is considered to be
a regular employee in accordance with the Employer's standard personnel policies and practices
(including part-time, seasonal and temporary employees), and is receiving remuneration for such
services rendered to the Employer (including any elected official and any appointed officer or
employee of any department of the Employer, whether governmental or proprietary in nature),
including persons on Authorized Leave of Absence. Employees shall not include independent
contractors. Elected members of the City Council shall not be considered to be Employees solely
by reason of their holding such office.
[ ] Any person who, on or after the Effective Date, is an employee of the Employer and holds the
position of
[ ] City Manager, City or Town Administrator, President, Chief Executive Officer, General
Manager, or District Manager, as applicable.
[ ] Assistant City Manager
[ ] Chief of Police
[ ] Fire Chief
[ ] Department Head or Department Manager
[ ] Finance Director or Chief Financial Officer
[ ] General Counsel or Municipal Attorney
[ ] Municipal Judge
[ ] _ (specify position) [do not specify the name of the individual or a finite group unless the
Plan otherwise provides continuing eligibility to a specified position or group]
The word "Employee" shall not include:
[ X ] Any person who is currently accruing benefits under any other state or local retirement system.
[ ] Any person in the following position and who is covered under another retirement program of
system approved by the City:
[ ] City Manager, City or Town Administrator, President, Chief Executive Officer, General
Manager, or District Manager, as applicable.
[ ] Assistant City Manager
[ ] Chief of Police
[ ] Fire Chief
[ ] Department Head or Department Manager
[ ] Finance Director or Chief Financial Officer
[ ] General Counsel or Municipal Attorney
[ ] Municipal Judge
[ ] (specify position) [do not specify the name of the individual or a finite group unless the Plan
otherwise provides continuing eligibility to a specified position or group]
[ ] Any person who is _.
3. Eligibility.
Eligible Employees shall commence participation in the Plan: (Select only one)
[ ] months (any number of months up to twelve consecutive) after the Employee's Employment
Commencement Date or the date the individual meets the definition of Employee in Section 2
hereof, provided that the individual has met the definition of Employee in Section 2 hereof
throughout such period.
[ X ] On the Employee's Employment Commencement Date.
4. Definition of Compensation.
Compensation shall exclude the item(s) listed below:
[ ] No exclusions.
[ ] Overtime pay.
[ X ] Bonuses.
[ X ] Commissions.
[ ] Longevity pay.
[ X ] Severance pay.
[ X ] Accrued vacation or sick leave paid upon termination of employment and moving expenses.
[ X ] Fringe benefits, expense reimbursements, deferred compensation and welfare benefits.
[ ] Other: [must be definitely determinable]
5. Average Monthly Compensation.
The considered period for purposes of the definition of "Average Monthly Compensation" in Section 2.1
of the Plan is:
[ X ] sixty (60) consecutive months.
[ ] thirty-six (36) consecutive months.
Exhibit A— Page 2
6. The Employer hereby elects the following Plan design:
[ X ] Mandatory Contribution Option. A Participant shall be required to contribute to the Plan for each
Plan Year the percentage of his Compensation ( "Mandatory Contributions ") required by the Plan
in Section 8 of this Joinder Agreement. Mandatory Contributions shall be made by payroll
deductions. A Participant shall authorize such deductions in writing on forms approved by, and
filed with, the Committee.
If the Participant's Mandatory Contributions pursuant to the preceding paragraph are to be taxed
deferred:
[ X ] Pick Up Option. The Employer hereby elects to have the provisions of Section 3.4 of the
Plan apply. The Employer shall pick up and pay the percentage of each Participant's
Compensation required to be contributed as of July 1, 1992 [insert date] in lieu of
contributions by the Participant. No Participant shall have the option of receiving the
contributed amounts directly as Compensation.
[ ] Non - Contributory Option. Participants shall not be required nor permitted to contribute to the
Plan.
7. A. Payment Options. The Employer hereby elects the following minimum number of payments for
employees eligible to receive benefits under Article IV of the Plan:
[ X ] Sixty (60) monthly payments.
[ ] One hundred and twenty (120) monthly payments.
B. Plan Options. The Employer hereby elects the following plan designation and percentage used in
calculating benefits under Section 5.1 of the Plan.
[ J Plan AAA — 3.00% with no maximum Years of Service
[ ] Plan AAA — 3.00% recognizing a maximum of 22 Years of Service
[ X ] Plan AA 2.625%
[ ] Plan BB 2.25%
[ ] Plan CC 1.875%
[ l Plan A 1.50%
[ ] Plan B 1.125%
[ ] Plan C .75%
C. Normal Retirement Age. Normal retirement age shall be:
[ ] Age 65
[XI The earlier of (i) and (ii) as follows:
(i) age 65
(ii) the later of age 62 and the age at which the Participant has completed 30 Years of
Service.
Examples: An employee hired at age 20 who worked for 30 years and terminated at age 50
would be entitled to unreduced payments at age 62.
An employee hired at age 30 who worked for 25 years and terminated at age 55
would be entitled to unreduced payments at age 65.
[ ] Modified Rule of 80:
The earlier of (i) and (ii) as follows:
(i) age 65
(ii) the later of age 55 and the age at which the sum of the Participant's age in completed
years and the participant's number of completed Years of Service total 80 or greater. To
be eligible, the Participant's age plus Years of Service must be at least 80 prior to
termination of employment (or, after termination of employment in the case of a
Participant who transfers to another Municipality in accordance with Section 8.1(b) of
the Plan)
Examples: 1. An employee hired at age 30 who worked for 25 years and terminated at age
55 would be entitled to unreduced payments immediately. Age 55 plus 25
years equals 80.
Exhibit A— Page 3
2. An employee hired at age 20 who worked for 30 years and terminated at age
50 would be entitled to unreduced payments at age 55. The employee has age
plus Years of Service points at age 50 but the minimum age for payment is 55.
3. An employee hired at age 25 who worked for 25 years and terminated at age
50 would be entitled to unreduced payments at age 65. Age 50 plus 25 years is
less than 80, so the Normal Retirement Age is 65.
D. Vesting Options. The Employer hereby elects the following vesting option to determine an
Employee's eligibility to receive retirement benefits.
[ ] Ten Year Cliff Vesting Schedule
[ ] Seven Year Cliff Vesting Schedule
[ X ] Five Year Cliff Vesting Schedule
E. Service Credit Prior to Effective Date. The Employer hereby elects to include the following
limitation of service prior to the effective date.
[ X ] No limitation
( X ] For all purposes under the Plan
[ ] With respect to Service for purposes of vesting and attainment of Normal Retirement
Age
(] Service credit prior to the effective date shall not exceed years
[ ] For all purposes under the Plan
[ ] With respect to Service for purposes of benefit accruals.
F. Service Buyback The Employer hereby elects
[ ] No service buyback pursuant to Section 10.11 of the Plan
[ X ] The service buyback provisions of Section 10. 11 of the Plan.
G. Service for Worker's Compensation Period. If a Participant is on an Authorized Leave of
Absence and is receiving worker's compensation during such Authorized Leave of Absence, such
Participant
[ X ] shall be credited with Service for such period for purposes of vesting only and not for purposes
of benefits, but no Employee contributions shall be made with respect to the Participant for
such period.
[ ] shall not be credited with Service for such period.
8. Contributions by Participants.
If Participants are required to contribute to the cost of providing benefits under this Plan, such
contributions shall be based on the plan designation selected in Section 7B above and shall apply to pay
periods commencing on and after July 1, 2001.
a. [ ] The Participant contribution formula in Section 3.3 of the Plan shall use the following
percentage for the Plan Option selected in Section 7B of this Joinder Agreement:
Plan AAA — 6.00%
Plan AA - 5.25%
Plan BB - 4.50%
Plan CC - 3.75%
Plan A -3.00%
Plan B - 2.25%
Plan C - 1.50%
b. [ X ] The contribution formula shall be 4.26% [insert number between 0 and twelve] of
compensation.
c. [ ] The contribution as annually determined each year shall be shared by the Participant and
Employer as follows: Employee portion %° Employer portion %
(Participant plus Employer percentages must total 100 %.)
The contribution will be actuarially determined based on Plan assets and liabilities as of January I of each year as a
percent of payroll, which will then be shared between the Employer and Participant as noted above. These
contribution rates will be in effect from July I of that year until June 30 of the subsequent year.
Exhibit A— Page 4
9. Cost -of- Living Option.
For purposes of adjusting retiree and beneficiary pensions, the Employer hereby elects the following:
[ X ] No Cost -of- Living Option.
[ ] Cost -of- Living Option. This election applies to Sections 5.1 (Normal Pension), 52 (Early
Pension), 5.3 (Disability Pension), 5.4 (Deferred Vested Pension), 6.2 (Death Prior to
Commencement of Pension), 6.3(a) and 63(b) (Death After Commencement of Pension), and 6.4
(Spouse's Pension) and provides annual benefit increases of the smaller of three percent (3 %) or
the percentage change in the Consumer Price Index.
The effective date of the Cost -Of- Living Option shall be , the original date that the Employer
elected the Cost -Of- Living Option.
10. Retiree Plan Improvement Option.
Benefits payable to or on behalf of a former Employee under Article V, Article VI, or Article VII of
the Plan, which are due or in the course of payment on or after the Effective Date of this Joinder
Agreement, shall
[ ] be increased according to the Plan Option elected herein. Such increased benefits shall be reflected
in any periodic payments due or paid on or after the Effective Date of the Joinder Agreement. It is
not intended for this change to be retroactive and any periodic payments due prior to such date
shall not be affected.
[ ] be increased by % effective . Such increased benefits shall be reflected in any periodic payments
due or paid after such date. It is not intended for this change to be retroactive and any periodic
payments due prior to such date shall not be affected.
[ X ] not be increased unless such former Employee is subject to Section 10.9 or 10.10 of the Plan, but
shall continue to be paid under the terms of the Previous Plan.
11. Limitations on Optional Benefit Forms.
Section 7.2 of the Plan provides for a lump sum payment form, an installment payment form that would
be payable over a fixed number of years (at which time all payments would cease), or the purchase of an
insured annuity. The Employer hereby elects the following:
[ X ] Optional benefit forms under Section 7.2 of the Plan will not be permitted.
[ ] Optional benefit fors under Section 7.2 of the Plan will be permitted, subject to Retirement
Committee approval for any such elections by a Participant, subject to the following limitation(s):
(The above election has no effect on the joint and survivor optional benefit forms under Section 7.1).
12. Defined Contribution Option.
[ X ] Not applicable.
[ ] Participant shall be entitled to the benefit under this option, in addition to the benefit determined
according to Section 7B.
An account shall be created for each active Participant as of the effective date of the option. The
beginning balance of the account shall be the Participant's Contribution Accumulation. The
account shall be credited with:
(1) Mandatory Contributions made by the Participant after the effective date of the option; and
(2) Investment earnings at same rate as earned by the Oklahoma Municipal Retirement Fund
(OMRF) Defined Benefit Fund.
As soon as administratively possible after termination of employment or death, the administrator
shall pay the Participant or Beneficiary if applicable, the account balance as requested. The
Participant may elect to receive the benefit in any of the Benefit options permitted under the plan.
The benefit shall be the Actuarial Equivalent of the account balance at the time the benefit
commences.
This option shall be effective [include the earlier of the date this Option was originally adopted in
a Joinder Agreement or the date of adoption in the current Plan Year].
Exhibit A— Pap 5
13. The Employer has consulted with and been advised by its attorney concerning the meaning of the
provisions of the Plan and the effect of entry into the Plan.
IN WITNESS WHEREOF the City of Owasso has caused its corporate seal to be affixed hereto and this
instrument to be duly executed in its name and behalf by its duly authorized officers this day of
Attest:
(SEAL)
City of Owasso
The foregoing Joinder Agreement is hereby approved by the Oklahoma Municipal Retirement Fund this
day of
Attest:
OKLAHOMA MUNICIPAL RETIREMENT FUND
52
Secretary
(SEAL)
Required Disclosures. This Joinder Agreement is to be used only with the Oklahoma Municipal Retirement Fund
Master Defined Benefit Plan. Failure to properly complete this Joinder Agreement may result in failure of the Plan
to qualify under Code Section 401(a). In accordance with IRS Rev. Proc. 2011 -49, the Volume Submitter
Practitioner who has obtained Intemal Revenue Service approval of the Oklahoma Municipal Retirement Fund
Master Defined Benefit Plan has authority under the Plan document to amend the Plan on behalf of adopting
employers for certain changes in the Code, regulations, revenue rulings, other statements published by the Internal
Revenue Service, including model, sample or other required good faith amendments. The Volume Submitter
Practitioner will inform adopting employers of any such amendments or of the discontinuance or abandonment of
the volume submitter plan document. The name, address and telephone number of the Volume Submitter
Practitioner are: McAfee & Taft A Professional Corporation, lea' Floor, Two Leadership Square, 211 N. Robinson,
Oklahoma City, OK 73102, telephone (405) 552 -2231. Any inquiries by the adopting employer regarding the
adoption of the Plan, the meaning of Plan provisions, or the effect of the Internal Revenue Service advisory letter on
the volume submitter plan may be directed to the Volume Submitter Practitioner.
Exhibit A — Page 6
Exhibit d
OKLAHOMA MUNICIPAL RETIREMENT FUND
MASTER DEFINED BENEFIT PLAN
OKLAHOMA MUNICIPAL RETIREMENT FUND
MASTER DEFINED BENEFIT PLAN
TABLE OF CONTENTS
Page
ARTICLEI. Purpose and Organization ............................................................ ............................I -1
1.1 Purpose .................................................................................................. ............................I
-1
1.2 Parties
....................................................................................................
............................I
-1
ARTICLE II. Definitions and Construction ...................................................... ...........................II
-1
2.1 Definitions .............................................................................................
-1
(a)
...........................II
Accrued Pension
(b)
.............................................................. ...............................
Actuarial Equivalent
II -1
(c)
......................................................... ...............................
Adjustment Factor
11-1
(d)
................................................................ ...........................II
Authorized Agent
-I
.............................................................. ...............................
II -1
(e)
Authorized Leave of Absence ........................................... ...............................
1I -1
(f)
Average Monthly Compensation ...................................... ............................... II -1
(g)
Beneficiary .......................................................................
II-2
(h)
...............................
Break in Service
.................................................................... ...........................11
-2
(i)
City Council ...................................................................... ...............................
II -2
0)
Code ..................................................................................... ...........................II -2
(k)
Committee ............................................................................ ...........................1I
-2
(1)
Compensation ....................................................................... ...........................II -2
(m)
Contribution Accumulation ............................................... ...............................
II -3
(n)
Death Benefit ....................................................................
II -3
(o)
...............................
Deferred Vested Pension
................................................... ...............................
II -3
(p)
Disability .............................................................................. ...........................1I
-3
(q)
Disability Pension ............................................................. ...............................
II -3
(r)
Early Pension ....................................................................
II -3
(s)
...............................
Effective Date
....................................................................... ...........................II
-3
(t)
Employer .............................................................................. ...........................II
-4
(u)
Employment Commencement Date ................................. ...............................
II-4
(v)
Fund ................................................................................. ...............................
II-4
(w)
Joinder Agreement ................................................................ ...........................II -4
(x)
Leased Employee .................................................................. ...........................II -4
(y)
Limitation Compensation .................................................. ...............................
II -4
(z)
Municipality ................... ................................................................................. II -4
(aa)
Normal Pension ................................................................
II-4
(bb)
...............................
Normal Retirement Date
................................................... ...............................
II-4
(cc)
Oklahoma Municipal Retirement Fund ............................. ............................... II -4
(dd)
Participant ............................................................................. ...........................1I
-5
(ee)
Pension .............................................................................
II -5
(ft)
...............................
Plan
.................................................................. ............................... ...........II
-5
(gg)
Plan Administrator ................................................................ ...........................1I
-5
(hh)
Plan Year .......................................................................... ...............................
II -5
(ii)
Previous Pl an .............. ...............................
(LI)
Retirement .................. ...............................
(kk)
Service ........................ ...............................
(11)
Severance Benefit ....... ...............................
(mm) Spouse ........................ ...............................
(nn)
Trust Service Provider ...............................
(oo)
Trustee ........................ ...............................
(pp)
U. S. Consumer Price Index .......................
(qq)
Year of Service ........... ...............................
2.2 Construction ............................... ...............................
ARTICLE III. Contributions ..................
3.1 Eligibility ................................... ...............................
3.2 Contributions by Employer ........ ...............................
3.3 Contributions by Participants ..... ...............................
3.4 Pick -up Contributions ................ ...............................
3.5 Transfer of Contributions ........... ...............................
....... II -5
....... II -5
....... II -5
....... II -6
....... II -6
....... II -6
....... II -6
. ............................... II -7
. ............................... I1 -7
................................. I I -7
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.................... I ...........................
IIl 1
..................... ........................... III- I
................. ...............................
................. ............................... III -2
................. ............................... 111-3
ARTICLE IV. Requirements for Retirement Benefits .................................. ............................IV4
4.1 Normal Pension ................................................................................... ...........................IV -1
4.2 Early Pension ...................................................................................... ...........................IV -1
4.3 Disability Pension ............................................................................... ...........................IV -1
4.4 Deferred Vested Pension ..................................................................... ...........................IV -2
4.5 Pensions for Former Employees ......................................................... ...........................IV -2
4.6 Termination of Employment - Vesting of Benefits ............................ ...........................IV -2
ARTICLE V. Amount of Retirement Benefits ............................................ ............................... V -1
5.1 Normal Pension ................................................................................ ............................... V -1
5.2 Early Pension ................................................................................... ............................... V -1
5.3 Disability Pension ............................................................................ ............................... V -2
5.4 Deferred Vested Pension .................................................................. ............................... V -2
5.5 Accrued Credits and Vested Benefits Preserved ............................. ............................... V -2
ARTICLE VI. Severance and Death Benefits ................................................ ...........................VI -1
6.1
6.2
6.3
6.4
6.5
6.6
6.7
SeveranceBenefit ........................................................................... ............................... VIA
DeathPrior to Commencement of Pension ..................................... ............................... VI-I
Death After Commencement of Pension ........................................ ............................... VI -2
Spouse's Pension ............................................................................ ............................... VI -3
Designation of Beneficiary ................................................................. ...........................VI -5
Severance of Death Benefits for Former Employees ...................... ............................... VI -5
HEART Act Provision
ARTICLE V11. Optional Retirement Benefits ........ ...............................
7.1 Joint and Survivor Options ............
7.2 Other Forms of Payment ................
7.3 Restrictions on Optional Forms .....
7.4 Other Benefits Canceled by Option
ii
. VI -5
VII -1
VII -I
VIl -1
VII -2
VII -3
7.5 Options by Former Employee .............................. ............................... ..........................VII -3
7.6 Rollover to Another Plan or IRA ......................... ............................... ..........................VII -3
7.7 Minimum Distribution Requirements .................................. ......................................... VII -4
ARTICLE VIII. Employment Transfers .................................................. ............................... VIII -1
8.1 Transfers From This Plan ............................................................. ............................... VIII -1
8.2 Transfers to This Plan .................................................................. ............................... VIII -1
8.3 Notice of Transfers ...................................................................... ............................... V1II -2
ARTICLED{. Administration ........................................................................ ...........................IX -1
9.1 Administration .................................................................................... ...........................IX -I
9.2 Bonds .................................................................................................. ...........................IX -4
9.3 Benefit Payments ................................................................................ ...........................IX -4
9.4 Abandonment of Benefits ................................................................... ...........................IX -4
9.5 Benefits Payable to Incompetents ....................................................... ...........................IX -4
9.6 No Participant Loans Permitted .......................................................... ...........................IX -5
ARTICLEX. Limitations ............................................................................ ............................... X -1
10.1 Limitations on Benefits Relating to Section 415 of Internal Revenue Code of 1986..... X -I
10.2 Definitions ........................................................................................... ............................X -I
10.3 Predecessor Empl oyer .................................................................... ............................... X -10
10.4 Severance from Employment ......................................................... ............................... X -10
10.5 Year of Participation ...................................................................... ............................... X -10
10.6 Year of Service .............................................................................. ............................... X -11
10.7 Other Rules: .................................................................................................................. X -I 1
10.8 Participant Limitation Applicable to Deferred Contribution Option ............................ X -12
10.9 Re- employment of Former Employees .......................................... ............................... X -13
10.10 Re- employment of Retired Participants .............. ............................... ...........................X -13
10.11 Buyback of Service ........................................................................ ............................... X -13
10.12 Loss of Benefits ............................................................................. ............................... X -14
10.13 Loss of Benefits for Cause ............................................................. ............................... X -14
ARTICLE XI. Guarantees and Liabilities ...................................................... ...........................XI -1
11.1 Non - Guarantee of Employment .......................................................... ...........................XI -1
11.2 Rights to Fund Assets ......................................................................... ...........................XI -1
11.3 Non - Alienation of Benefits ................................................................. ...........................XI -1
11.4 Disclaimer of Liability ........................................................................ ...........................XI -I
11.5 Indemnification of Trustees ................................................................ ...........................XI -I
11.6 Payments Under a Qualified Domestic Relations Order: .............................................. xi-I
ARTICLEXII. Amendments ........................................... ............................... ..........................XII -1
12.1 Right to Amend .................................................... ............................... ..........................XII -1
12.2 Amendments ........................................................ ............................... ..........................XII -I
12.3 Authority of Volume Submitter Practitioner to Amend for Adopting Employers .......XII -1
ARTICLE XIII. Termination ................................................................... ............................... XIII -I
13.1 Right to Terminate ....................................................................... ............................... XIII -1
Hi
13.2 Liquidation of Fund .......
13.3 Manner of Distribution..
13.4 Consolidation or Merger
13.5 Limitations .....................
ARTICLE XIV. General
14.1
14.2
14.3
14.4
14.5
14.6
14.7
14.8
14.9
14.10
....... XIII -1
....... XIII -2
....... XIII -2
....... XIII -2
USERRA...................................................................................... ............................... XIV -1
Not Contract Between Employer and Participant ........................ ............................... XIV -1
Paymentof Fees ................................................. ............................... ..........................XIV -1
GoverningLaw .................................................. ............................... ..........................XIV -1
Counterpart Execution ............... ...............................
Severability................................ ...............................
Numberand Gender ................... ...............................
Compensation and Expenses of Administration.......
Incorporation of Trust Agreement ............................
Mistake of Fact .......................... ...............................
APPENDIX I
iv
XIV -1
.... ............................... XIV -1
.... ............................... XIV -1
.... ............................... XIV -1
.... ............................... XIV -2
.... ............................... XIV -2
ARTICLE I.
Purpose and Organization
1.1 Purpose: The purpose of this Plan is to encourage the loyalty and continuity of service
of the Participants, to provide retirement benefits for all eligible Employees of the Employer, as
hereinafter defined, who complete a period of faithful service and become eligible hereunder,
and to qualify the Plan under Sections 401(a) and 501(a) of the Code by meeting the
requirements of Code Section 414(d). The benefits provided by this Plan will be paid from a
Fund established by the Employer and will be in addition to the benefits Employees are entitled
to receive under any other programs of the Employer and from the Federal Social Security Act.
This Plan and the separate related Fund forming a part hereof are established and shall be
maintained for the exclusive benefit of the eligible Employees of the Employer and their
Beneficiaries. To the extent this Plan is a governmental retiree benefit plan under Section
401(a)(24) of the Code, and prior to the termination of the Plan and satisfaction of all liabilities
of the Plan, no part of the corpus or income of the Fund shall be used for, or diverted to,
purposes other than for the exclusive benefit of the Plan participants and their beneficiaries.
1.2 Parties: The Oklahoma Municipal Retirement Fund hereby adopts and establishes this
Plan for the benefit of Employees of those Employers, as defined herein, formed, chartered or
incorporated under the laws of the State of Oklahoma, who wish to adopt it by executing a
Joinder Agreement which incorporates this Plan by reference.
I -I
ARTICLE II.
Definitions and Construction
2.1 Definitions: Where the following words and phrases appear in this Plan, they shall have
the respective meanings set forth below, unless their context clearly indicates to the contrary:
(a) Accrued Pension: The Pension (other than a Disability Pension) determined
under the Plan expressed in the form of a monthly benefit commencing at Normal Retirement
Date (or date of determination in the case of a Late Pension), which an Employee has accrued at
any time under the provisions of the Plan, regardless of his vested status, determined as if he had
then terminated employment.
(b) Actuarial Equivalent: Equality in value of the aggregate amounts expected to be
received under different forms of payment. Except as otherwise specifically noted, the
determination of such equality will be based on the use of the 1983 Group Annuity Mortality
(GAM -83) Table and 7 %z% interest. For purposes of determining the benefit limitations under
§415(b)(2)(B), (C), or (D) of the Internal Revenue Code as set forth in Section 10.1 of the Plan
the applicable mortality table for annuity starting dates prior to December 31, 2002 is set forth in
Rev. Rul. 95 -6. 1995 -1 C.B. 80, and for annuity starting dates on or after December 31, 2002 is
set forth in Rev. Rul. 2001 -62, 2001 -53, I.R.B. 632.
(c) Adjustment Factor: The words "Adjustment Factor" shall mean the cost of
living adjustment factor prescribed by the Secretary of the Treasury under Section 415(d) of the
Code for years beginning after December 31, 1987, as applied to such items and in such manner
as the Secretary shall provide.
(d) Authorized Agent: The City Clerk of the Employer or such other person
designated by the Employer to carry out the efficient operation of the Plan at the local level.
(e) Authorized Leave of Absence: Any absence authorized by the Employer under
the Employer's standard personnel practices applied to all persons under similar circumstances in
a uniform manner, including any required military service during which a Participant's re-
employment rights are protected by law; provided that he resumes employment with the
Employer within the applicable time period established by the Employer or by law.
(0 Average Monthly Compensation: The result obtained by dividing the total
Compensation paid to an Employee during a considered period by the number of months,
including fractional months, for which such Compensation was received. The considered period
shall be the number of consecutive months of reported pay selected in Joinder Agreement within
the last one hundred twenty (120) months of service which yield the highest average
Compensation. For purposes of determining consecutive months, periods of credited service
shall be bridged, if interrupted with non - credited periods under an Authorized Leave of Absence.
If an Employee has less than the number of months of consecutive employment service selected
in the Joinder Agreement, the Employee's actual consecutive months shall be the basis for
calculating the Employee's Average Monthly Compensation hereunder.
(g) Beneficiary: Any person or entity designated or deemed designated by a
Participant as provided in Section 6.5 hereof.
(h) Break in Service: The expiration of ninety (90) days from the date the
Participant last performed Service for the Employer for which such Participant was entitled to
wages as defined in Section 3121(a) of the Code, unless the Participant is on Authorized Leave
of Absence. If an Employee does not resume employment with the Employer upon the
expiration of an Authorized Leave of Absence, the Participant will be deemed to be absent from
work on the first day of his Authorized Leave of Absence for purposes of determining if the
Participant has a Break in Service.
(i) City Council: The City Council (or Board of Trustees) of the Employer or other
duly qualified and acting governing authority of the Employer.
(j) Code: The Internal Revenue Code of 1986, as amended from time to time.
(k) Committee: The City Council of the Municipality, which shall act as the Plan
Administrator of the Plan as provided for under Article IX hereof.
(1) Compensation: Compensation means wages for federal income tax withholding
purposes, as defined under Code §3401(a), plus all other payments to an Employee in the course of
the Employer's trade or business, for which the Employer must furnish the Employee a written
statement under Code § §6041, 6051 and 6052, but determined without regard to any rules that
limit the remuneration included in wages based on the nature or location of the employment or
services performed (such as the exception for agricultural labor in Code §3401(a)(2)). The
Employer in Section 4 of its Joinder Agreement may specify modifications to the definition of
Compensation, for purposes of benefit accruals, the calculation of benefits, or contribution
allocations under the Plan. For purposes of determining an Employee's compensation, any
election by such Employee to reduce his regular cash remuneration under Code Sections 125,
402(e)(3), 402(h), 403(b) or 132(f) shall be disregarded.
For Plan Years beginning after December 31, 2008, (i) an individual receiving a
differential wage payment, as defined by Code Section 3401(h)(2), shall be treated as an
Employee of the Employer making the payment, (ii) the differential wage payment shall be
treated as Compensation, and (iii) the Plan shall not be treated as failing to meet the requirements
of any provision described in Code Section 414(u)(1)(C) by reason of any contribution or benefit
which is based on the differential wage payment.
(1) Limitations. Notwithstanding anything herein to the contrary, for Plan Years
commencing after December 31, 1988 and before January 1, 1994, the annual Compensation of
each Participant taken into account under the Plan for any Plan Year shall not exceed $200,000, as
adjusted by the Secretary at the same time and in the same manner as under Section 415(d) of the
Code except that the dollar increase in effect on January I of any calendar year is effective for Plan
Years beginning in such calendar year and the first adjustment to the $200,000 limitation is effective
on January 1, 1990. For years beginning on or after January 1, 1994, the annual compensation limit
of each Participant taken into account for determining all benefits provided under the Plan for any
determination period shall not exceed $150,000, as adjusted for the cost -of- living in accordance
11 -2
with section 401(a)(17)(B) of the Internal Revenue Code. The cost -of- living adjustment in effect
for a calendar year applies to any determination period beginning in such calendar year. If a
determination period consists of fewer than 12 months, the OBRA '93 annual compensation limit
will be multiplied by a fraction, the numerator of which is the number of months in the
determination period, and the denominator of which is 12.
The annual Compensation of each Participant taken into account in determining benefit
accruals in any Plan Year beginning after December 31, 2001, shall not exceed $200,000.
Annual Compensation means Compensation during the Plan Year or such other consecutive
12 -month period over which Compensation is otherwise determined under the Plan (the
determination period). For purposes of determining benefit accruals in a Plan Year beginning
after December 31, 2001, Compensation for any prior determination period shall be $200,000.
The $200,000 limit on annual Compensation shall be adjusted for cost -of- living increases in
accordance with Section 401(a)(17)(B) of the Code. The cost -of- living adjustment in effect for a
calendar year applies to annual Compensation for the determination period that begins with or
within such calendar year.
If Compensation for any prior determination period is taken into account in determining an
employee's benefits accruing in the current Plan Year, the Compensation for that prior
determination period is subject to the applicable annual compensation limit in effect for that prior
determination period.
(m) Contribution Accumulation: The Employee's aggregate contributions, plus
interest thereon accrued at the rate determined by the Trustee, compounded according to uniform
rules adopted by the Trustees. Prior to January 1, 1983 the interest rate for crediting interest was
three and one -half percent (3%2 %) per annum. In the event that the Employer has elected the
Defined Contribution Option in Section 12 of the Joinder Agreement, then, as of the effective
date of such election, the interest rate for determining the investment earnings on such amounts
contributed under such option shall be equal to the rate earned by the Fund.
(n) Death Benefit: The pension benefit described in Article VI herein.
(o) Deferred Vested Pension: The pension benefit described in Sections 4.4 and 5.4
herein.
(p) Disability: A physical or mental condition which, in the judgment of the
Committee, totally and presumably permanently prevents an Employee from engaging in any
substantial gainful employment with the Employer. A determination of such disability shall be
based upon competent medical evidence.
(q) Disability Pension: The pension benefit described in Sections 4.3 and 5.3 herein.
(r) Early Pension: The pension benefit described in Sections 4.2 and 5.2 herein.
(s) Effective Date: The later of (i) the date specified in the Joinder Agreement, or
(ii) the first day on which the Plan has a Participant.
11 -3
(t) Employer: A Municipality located in the State of Oklahoma which executes the
Joinder Agreement.
(u) Employment Commencement Date: The date on which the Employee's most
recent employment with the Employer began.
(v) Fund: The fund established to provide the benefits under the Plan for the
exclusive benefit of the employees included in the Plan, and which will be pooled with similar
funds of other incorporated cities and towns of Oklahoma as a part of Oklahoma Municipal
Retirement Fund, for purposes of pooled management and investment.
(w) Joinder Agreement: The agreement by which the Employer adopts this Plan and
Fund as its Plan and Fund.
(x) Leased Employee: Any person (other than an employee of the recipient) who
pursuant to an agreement between the recipient and any other person ( "leasing organization ") has
performed services for the recipient (or for the recipient and related persons determined in
accordance with Section 414(n)(6) of the Code) on a substantially full time basis for a period of
at least one year, and such services are performed under primary direction or control by the
recipient. Contributions or benefits provided a leased employee by the leasing organization
which are attributable to services performed for the recipient employer shall be treated as
provided by the recipient employer.
A leased employee shall not be considered an employee of the recipient if: (1) such
employee is covered by a money purchase pension plan providing: (1) a nonintegrated employer
contribution rate of at least 10% of compensation, as defined in Section 415(c)(3) of the Code, but
including amounts contributed pursuant to a salary reduction agreement which are excludable from
the employee's gross income under Section 125, Section 402(e)(3), Section 402(h)(1)(B) or Section
403(b) of the Code, (2) immediate participation, and (3) full and immediate vesting; and (ii) leased
employees do not constitute more than 20% of the recipient's nonhighly compensated work force.
(y) Limitation Compensation: Compensation as defined in Section 10.2(b) hereof.
(z) Municipality: (1) each and every municipality located in the State of Oklahoma;
(2) public trusts having municipalities as Beneficiaries; (3) interlocal cooperatives between
municipalities and /or their public trust, and; (4) any other legal entity comprising a municipal
authority which has adopted the Plan and/or which has become a Participant in the related trust
according to the terms hereof.
(aa) Normal Pension: The pension benefit described in Sections 4.1 and 5.1 herein.
(bb) Normal Retirement Date: The later of (i) the Effective Date, or (ii) the first day
of the month coincident with or next following the later of the Normal Retirement Age as
designated in the Joinder Agreement, Section 7C, and (iii) the date he has satisfied the vesting
requirements specified in the Joinder Agreement to become 100% vested.
(cc) Oklahoma Municipal Retirement Fund: The entity known as the Oklahoma
Municipal Retirement Fund, which was created to combine pension and retirement funds of
11 -4
Oklahoma cities and towns for purposes of management and investment, represented by and
acting through its Board of Trustees.
(dd) Participant: Any Employee or former Employee who meets the eligibility
requirements and is covered under the Plan.
(ee) Pension: A series of monthly amounts which are payable to a person who is
entitled to receive benefits under the Plan.
(fl) Plan: The Oklahoma Municipal Retirement Fund Master Defined Benefit Plan
set forth herein, and all subsequent amendments.
(gg) Plan Administrator: The persons who administer the Plan pursuant to the
provisions of Article IX hereof.
(hh) Plan Year: The twelve (12) consecutive month period ending June 30th of each
year. The initial or final Plan Year may be less than a twelve (12) consecutive month period.
(ii) Previous Plan: The terms and provisions in the prior instruments governing the
Employer's qualified defined benefit retirement plan and related trust, and applying before the
Effective Date hereof, or any other date expressly specified herein if different from the Effective
Date, which prior instruments are amended, restated and superseded by this instrument.
(jj) Retirement: Termination of employment after a Participant has fulfilled all
requirements for a Pension and has attained age 55 or older. Retirement shall be considered as
commencing on the day immediately following an Employee's last day of employment.
(kk) Service:
(1) A Participant's last continuous period during which the Participant was an
Employee of the Employer and /or any other Municipality prior to the earlier of his retirement or
Break in Service.
(i) Service includes employment with a Municipality other than the
Employer prior to the time that the other Municipality adopted the Plan if the other
Municipality credits a Participant's past service under its retirement plan; and
(ii) Service for the Employer does not include employment with any
Municipality if that service would not be included under the Municipality's retirement plan.
(2) Concurrent employment with more than one Municipality shall be credited
as only one period of Service.
(3) Any Authorized Leave of Absence shall not be considered as interrupting
continuity of employment, provided the Employee returns within the period of authorized absence.
Until such time as the City Council shall adopt rules to the contrary, credit for Service with the
Employer shall be granted for any period of Authorized Leave of Absence during which the
Employee's full Compensation is continued and contributions to the Fund are continued at the same
II -5
rate and made by or for him, but credit for Service with the Employer shall not be granted for any
period of authorized, nonpaid absence due to illness, union leave, military service, or any other
reason, unless arrangements are made with the City Council for the Employee's continued
participation and for contributions to be continued at the same rate and made by him or on his
behalf during such absence. Provided, however, if a Participant is on an Authorized Leave of
Absence and is receiving worker's compensation during such Authorized Leave of Absence, and if
the Employer so elects in the Joinder Agreement, such Participant shall be credited with Service for
such period for purposes of vesting only (and not for purposes of benefits) but no Employee
contributions shall be made with respect to the Participant for such period.
(4) The expiration of the term of office of an elected official shall not be
considered as interrupting continuity of employment, provided the official is re- elected for a
consecutive term.
(5) Any reference in this Plan to the number of years of service of an Employee
shall include fractional portions of a year.
(6) With respect to a Participant who was previously 100% vested in any other
Municipality's qualified retirement plan prior to becoming a Participant in this Plan, such
Participant's "Service" for purposes of determining years of service for vesting under this Plan shall
include the Participant's last continuous period during which the Participant was an employee of the
other Municipality.
Credit for service with the Employer shall not be granted for any period subsequent to the
Effective Date during which the Employee did not participate in the Plan and Employee
contributions to the Plan and Fund were not made by or for him except as specified above.
(11) Severance Benefit: The pension benefit described in Section 6.1 herein.
(mm) Spouse: Effective as of June 26, 2013, for Federal tax purposes which may apply
to qualified retirement plans under Code Section 401(a), the terms "spouse," "husband," and
"wife" include an individual married to a person of the same sex if the individuals are lawfully
married under state law, and the term "marriage" includes such marriage between individuals of
the same sex, and a marriage of same -sex individuals that was validly entered into in a state
whose laws authorize the marriage of two individuals of the same sex even if the married couple
is domiciled in a state that does not recognize the validity of same -sex marriages. For all other
Plan purposes and which are not required for Federal tax purposes as described in the preceding
sentence, the term "spouse" will be defined as a spouse which is legally recognized in the State
of Oklahoma.
(nn) Trust Service Provider: The person appointed by the Trustees to supervise
operation of the Oklahoma Municipal Retirement Fund and to assist participating Municipalities
in the adoption and operation of the Plan.
(oo) Trustee: The Trustees appointed pursuant to the Trust Indenture establishing the
Oklahoma Municipal Retirement Fund.
II -6
(pp) U. S. Consumer Price Index: The Consumer Price index for all items as reported
in the Monthly Labor Review for the month of December of the immediately preceding calendar
year as published by the United States Department of Labor.
(qq) Year of Service: A 12 consecutive month period of service commencing on the
Employee's Employment Commencement Date, and any anniversary thereof.
2.2 Construction: The masculine gender, where appearing in the Plan, shall be deemed to
include the feminine gender, unless the context clearly indicates to the contrary. The words
"hereof," "herein," "hereafter" and other similar compounds of the word "here" shall mean and
refer to the entire Plan, not to any particular provision or Section.
II -7
ARTICLE M.
Contributions
3.1 Eligibility: An Employee, as defined in the Joinder Agreement, who has satisfied all the
requirements set forth in the Joinder Agreement shall be eligible to participate in the Plan. Any
person who has been classified by the Employer as an independent contractor and has had his
compensation reported to the Internal Revenue Service on Form 1099 but who has been
reclassified as an "employee" (other than by the Employer) shall not be considered as an eligible
Employee who can participate under this Plan; provided, if the Employer does reclassify such
worker as an "Employee," for purposes of this Plan, such reclassification shall only be
prospective from the date that the Employee is notified by the Employer of such reclassification.
3.2 Contributions by Employer: The Employer shall make contributions to the Fund in
such amounts and at such times as the City Council shall determine, acting under the advice of
the Plan's actuarial firm. All contributions made by the Employer to the Fund shall be
irrevocable, and shall be used for the exclusive benefit of the Participants covered by the Plan to
pay benefits under the Plan, or to pay expenses of the Fund. Forfeitures arising because of death
prior to Retirement, severance of Employment before a Participant becomes eligible for a
Pension, or any other reason shall be applied to reduce the cost of the Plan, not to increase the
benefits otherwise payable to the Participants.
3.3 Contributions by Participants: Unless the Employer selects the Non - Contributory
Option, each Participant shall contribute to the cost of providing benefits under this Plan while
he remains a Participant. Such annual contributions shall be the product of (i) the percentage
selected in Section 8 of the Joinder Agreement, and (ii) the Participant's Compensation.
Any required contributions by Participants shall be made by payroll deductions for each pay
period, or any series of pay periods as the Employer may deem most convenient, during the full
time of employment as an Employee. The City Council may, however, approve payment of such
contributions in a manner other than payroll deductions in any specific case or cases. (In any event
a Participant shall be deemed to consent and agree to the payroll deductions as provided for herein.)
If a Participant is granted a non -paid leave of absence authorized for any reason, his continued
participation in the Plan will depend upon his contributions being continued at the same rate and
made by or for him during such absence. While such contributions are continued during such non-
paid leave of absence, the Participant's Compensation shall be deemed to have continued at the
same rate for the purpose of computing the Participant's Average Monthly Compensation.
Provided, however, if a Participant is on an Authorized Leave of Absence and is receiving
worker's compensation during such Authorized Leave of Absence, such Participant shall be
credited with Service for such period for purposes of vesting only and not for purposes of benefits if
the Employer so elects in Section 7G of the Joinder Agreement, but no Participant contributions
shall be made with respect to the Participant for such period.
Each Employee in the service of the Employer on the Effective Date of the Plan hereof may
become a Participant in the Plan when first eligible by signing a written notice of participation,
agreeing to be bound by the terms and conditions hereof, and authorizing the Employer to deduct
from his Compensation the contributions required of him as provided in the Joinder Agreement,
III -1
hereof, and he shall be subjected to all other provisions of the Plan beginning on such date. An
Employee in the Service of the Employer who does not so elect to become a Participant as of the
date he is first eligible to do so, may so elect to become a Participant as of the first day of his pay
period coincidental with or next following the date as of which he gives to the Employer written
authority to commence deductions from his Compensation for the contributions required of him as
is provided in the Joinder Agreement. However, the Service of such a Participant shall not include
the period of such voluntary nonparticipation prior to the date as of which the Employee elects to
become a Participant in the Plan.
Each Employee employed on or after the original Effective Date of the Plan hereof shall, as
a condition of employment, become a Participant in the Plan as of the date on which he is first
eligible by signing a written notice of participation agreeing to be bound by the terms and conditions
hereof, and authorizing the Employer to deduct from his Compensation any contributions required
of him as provided in the Joinder Agreement hereof, and he shall be subject to all other provisions
of the Plan beginning on such date.
For each Employee who becomes a Participant in this Plan on the original Effective Date of
the Plan, Participant contributions and his participation shall first begin for the pay period
commencing on, or next following, that date. For each Employee who becomes a Participant in this
Plan after the original Effective Date of the Plan, Participant contributions and his participation
shall begin for the pay period commencing on or next following the date he becomes a Participant.
Such Participant contributions shall be fully vested in the contributor Participant at all
times. Upon retirement, death or termination of employment of a Participant for any reason, the
retired or terminated Employee, or his Beneficiary as the case may be, shall have the option to
receive, in lieu of any and all other benefits provided herein, his Contribution Accumulation.
Furthermore, the value of the total benefits payable to the Participant and /or his Beneficiary shall in
no event be less than his Contribution Accumulation as of the time of his termination of
employment. However if any benefit of any other kind is paid under this Plan, to or on behalf of a
Participant, no Contribution Accumulation shall be paid, but shall be deemed to have been included
in the value of the benefit so paid, unless the total value of such other benefit payments finally paid
shall be less than such Contribution Accumulation as of the time of the Participant's termination of
employment, in which case the difference shall be paid in a lump sum to the Participant and/or his
Beneficiary.
3.4 Pick -up Contributions: If the Employer elects the Pick -Up Option in the Joinder
Agreement, all Participants shall be required to make the contributions specified in the Joinder
Agreement. These contributions shall be picked up and assumed by the Employer and paid to
the Fund in lieu of contributions by the Participant. Such contributions shall be designated as
Employer contributions for federal income tax purposes. Each Participant's Compensation will
be reduced by the amount paid to the Fund by the Employer in lieu of the required contribution
by the Participant. These contributions shall be excluded from the Participant's gross income for
federal income tax purposes and from wages for purposes of withholding under Sections 3401
through 3404 of the Code in the taxable year in which contributed. No Participant shall have the
option of receiving the contributed amounts directly as compensation. Contributions made by
the Employer under this election shall be designated as Participant contributions for purposes of
vesting, and determining Participant rights and the Participant's Contribution Accumulation and
111 -2
shall be allocated to a separate account. A private letter ruling is required if the
sponsor /employer wishes a ruling on pick -up contributions.
3.5 Transfer of Contributions: All Employer and Participant contributions shall be directly
or immediately allocated, paid or delivered to the City Treasurer, as Treasurer of the Plan. Such
contributions shall be transferred and transmitted by the City Treasurer to the Fund for credit as
soon as administratively feasible.
111 -3
ARTICLE IV.
Reauirements for Retirement Benefits
4.1 Normal Pension: A Participant shall be eligible for a Normal Pension if his employment
is terminated on or after his Normal Retirement Date, or if his employment classification has
changed such that he is no longer eligible to participate in this Plan on or after his Normal
Retirement Date, provided he has met the 100% vesting requirements. Payment of a Normal
Pension shall commence as of the first day of the month coinciding with or next following
Retirement or change in employment classification, as applicable, and the last payment shall be
made as of the first day of the month in which the death of such Participant occurs; provided
however, that at the time of his death, if such Participant has received less than the number of
monthly payments elected by the Employer in Section 7 of the Joinder Agreement, his Pension
payments shall continue to his Beneficiary or Beneficiaries until a total of such number of
monthly payments as elected have been made to such Participant and such Beneficiary or
Beneficiaries. Normal Pension payments shall not be suspended for a retired Participant who
returns to work for the Employer in an employment classification which is not eligible to
participate in this Plan.
4.2 Early Pension: A Participant may elect early Retirement and be eligible for an Early
Pension if his employment is terminated on or after his 55th birthday and before his Normal
Retirement Date, provided he has met the 100% vesting requirements. Payment of an Early
Pension shall commence as of the Participant's Normal Retirement Date. However, if a
Participant requests the Committee to authorize the commencement of his Early Pension as of
the first day of any subsequent month which precedes his Normal Retirement Date, his Pension
shall commence as of the beginning of the month so requested, but the amount thereof shall be
reduced as provided in Section 5.2. The last payment of an Early Pension shall be made as of the
first day of the month in which the death of the retired Participant occurs; provided however, that
if the retired Participant has received less than the monthly payments as elected in Section 7 of
the Joinder Agreement at the time of his death, his Pension payments shall continue to his
Beneficiary or Beneficiaries until a total of such monthly payments have been made to such
Employee and such Beneficiary or Beneficiaries.
4.3 Disability Pension: A Participant shall be eligible for a Disability Pension if his
employment is terminated by reason of Disability, before his Normal Retirement Age, provided
he has met the 100% vesting requirements. Payment of a Disability Pension shall commence as
of the first day of the month coincidental with or next following the date of Retirement. The last
payment shall be made as of the first day of the month in which the death of the retired
Employee occurs, or if Disability ceases prior to his Normal Retirement Date, the first day of the
month in which Disability ceases.
Disability under the Plan shall be considered total and permanent, if on the basis of a
medical examination by a doctor or clinic appointed by the Committee, the Committee finds that the
Participant has a physical or mental condition which totally and presumably permanently prevents
him from engaging in any substantial gainful employment with the Employer.
IV -1
Notwithstanding any other provisions of this Section, no Participant shall qualify for a
Disability Pension if the Committee determines that his Disability results from (a) chronic
alcoholism, (b) addition to narcotics, (c) an injury suffered while engaged in a felonious or criminal
act or enterprise, or (d) service in the armed forces of the United states which entitles the Employee
to a veteran's disability pension.
Disability shall be considered to have ended and a Disability Pension shall cease if, prior to
his Normal Retirement Age, the Participant (a) engages in any substantial gainful employment
except for such employment as is found by the Committee to be for the primary purpose of
rehabilitation or not incompatible with a finding of total and permanent Disability, or (b) has
sufficiently recovered, in the opinion of the Committee based on a medical examination by a doctor
or clinic appointed by the Committee to be able to engage in regular employment with the Employer
and refuses an offer of employment by the Employer, or (c) refuses to undergo any medical
examination requested by the Committee provided that a medical examination shall not be required
more frequently than twice in any calendar year.
If Disability ceases before a retired Participant attains his Normal Retirement Date and the
Participant is re- employed by the Employer, the Pension payable upon his subsequent Retirement
shall be determined in accordance with the provisions of Section 10.10.
4.4 Deferred Vested Pension: A Participant shall be eligible for a Deferred Vested Pension,
if his employment is terminated before his 55th birthday and after he has met the 100% vesting
requirements. Payment of a Deferred Vested Pension shall commence as of the Participant's
Normal Retirement Date. However, if the Participant requests the Committee to authorize the
commencement of his Deferred Vested Pension as of the first day of the month coinciding with
or next following his 55th birthday, or as of the first day of any subsequent month which
precedes his Normal Retirement Date, his Pension shall commence as of the first day of the
month so requested, but the amount thereof shall be reduced as provided in Section 5.4.
4.5 Pensions for Former Employees: If a Participant's Service with the Employer
terminates, but his Service continues by virtue of his employment with a Municipality other than
the Employer, he, his spouse or other Beneficiaries shall only be then, or later become entitled to,
and limited to, such rights, benefits and options of any kind, under this Plan, if any, in the
amounts and on the terms and conditions, as provided in Article VIII- Employment Transfers.
4.6 Termination of Employment - Vesting of Benefits:
(a) General: Except as provided in Sections 10.12 and 10.13 hereof, when a
Participant ceases to be a Participant for any reason, he shall have vested and nonforfeitable
rights in his Accrued Benefits as set forth in one of the following vesting schedules as may be
elected by the Employer in the Joinder Agreement:
(i) Ten Year Cliff Vesting Schedule. The Ten Year Cliff Vesting Schedule is
as follows:
IV -2
Years of Service
Lessthan: 10
At least: 10
Percent of Accrued
Benefit Vested
0%
100%
(ii) Seven Year Cliff Vesting Schedule. The Seven Year Cliff Vesting
Schedule is as follows:
Years of Service
Less than: 7
At least: 7
Percent of Accrued
Benefit Vested
0%
100%
(iii) Five Year Cliff Vesting Schedule. The Five Year Cliff Vesting
Schedule is as follows:
Years of Service
Lessthan: 5
At least: 5
IV -3
Percent of Accrued
Benefit Vested
0%
100%
ARTICLE V.
Amount of Retirement Benefits
5.1 Normal Pension:
(a) Basic Formula: A Participant who meets the requirements for a Normal Pension
shall receive a monthly amount equal to the product of (1), (2), and (3) as follows:
(1) The percentage associated with the Plan Option elected by the Participant in
Section 7B of the Joinder Agreement; multiplied by
(2) His Average Monthly Compensation; and multiplied by
(3) The number of his Years of Service credited with the Employer (but not with
any other Municipality), subject to the limitations in Section 7B of the Joinder Agreement.
(b) Cost -of- Living Adjustment: if the Cost -of- Living Option is elected in the
Joinder Agreement, the monthly amount of Normal Pension determined above under Subsection
(a) of this Section, or the amount of any optional form of Pension payable in lieu thereof to a
retired Participant or his contingent Beneficiary, shall be increased or decreased annually while
payable, commencing with the payment due on the first day of July coinciding with or next
following the later of (1) the effective date of the Cost -of- Living option, or (2) the date of the
Participant's Retirement, and continuing thereafter on the first day of each subsequent July
during which the Pension is payable. Each such increase or decrease shall be related to a change
in the cost -of- living based on the percentage change, if any, determined by a comparison of the
U. S. Consumer Price Index (as defined in Section 2.1(pp)) for the December next preceding the
July of the determination, with such U. S. Consumer Price Index for the December one year
earlier; provided however, that such yearly increase or decrease, if any, shall be limited to a
maximum change of three percent (3 %); and provided further, that such yearly decrease, if any,
shall not reduce the amount of Pension so adjusted, below the level established at the time of
Retirement.
5.2 Early Pension:
(a) Basic Formula: A Participant who meets the requirements for an Early Pension
shall receive a monthly amount which shall be computed in the same manner as a Normal
Pension, considering his Compensation and Service credited with the Employer prior to
Retirement. If payment of an Early Pension commences prior to the Participant's Normal
Retirement Date, the amount determined above shall be reduced by 5% each full year plus 5%
pro -rata for the number of months in the period between the date as of which the Pension begins
and the Normal Retirement Date.
(b) Cost -of- Living Adjustment: If the Cost -of- Living option is elected in the
Joinder Agreement, the monthly amount of Early Pension determined above under Subsection
(a) of this Section, or the amount of any optional form of Pension payable in lieu thereof to a
retired Participant or his contingent Beneficiary, shall be subject to annual cost -of- living
adjustments in the same manner as provided in Subsection 5.1(b), except that no such adjustment
V -1
shall be applicable for any period before the Early Pension payments commence, and for this
purpose only, the date such payments commence shall be treated as the Participant's Retirement
Date.
5.3 Disability Pension:
(a) Basic Formula: A Participant who meets the requirements for a Disability
Pension shall receive a monthly amount which shall be computed in the same manner as a
Normal Pension, considering his Compensation and Service credited with the Employer prior to
Retirement.
(b) Cost -of- Living Adjustment: if the Cost -of Living Option is elected in the
Joinder Agreement, the monthly amount of Disability Pension determined above under
Subsection (a) of this Section shall be subject to a cost -of- living adjustment in the same manner
as provided in Subsection 5.1(b), except that such adjustment shall not be applicable for any
period before the Disability Pension payments commence, and for this purpose only, the date
such payments commence shall be treated as the Participant's Retirement Date.
5.4 Deferred Vested Pension:
(a) Basic Formula: A Participant who meets the requirements for a Deferred Vested
Pension shall receive a monthly amount which shall be computed in the same manner as a
Normal Pension, considering his Compensation and Service credited with the Employer prior to
the termination of his employment. If payment of a Deferred Vested Pension commences prior
to the Participant's Normal Retirement Date, the amount determined above shall be reduced by
5% each full year plus 5% pro -rata for the number of months in the period between the date as of
which the Pension begins and Normal Retirement Date.
(b) Cost -of- Living Adjustment: If the Cost -of- Living Option is elected in the
Joinder Agreement, the monthly amount of Deferred Vested Pension determined above under
Subsection (a) of this Section shall be subject to a cost -of- living adjustment in the same manner
as provided in Subsection 5.1(b), except, that such adjustment shall not be applicable for any
period before the Deferred Vested Pension payments commence, and for this purpose only, the
date such payments commence shall be treated as the Participant's Retirement Date.
5.5 Accrued Credits and Vested Benefits Preserved: The adoption of a new Joinder
Agreement by an Employer shall not operate to exclude, diminish, limit, or restrict the amount,
payments or continuation of payments of benefits accrued up to the Effective Date of the most
recent Joinder Agreement. The amount of such Accrued Pension benefits, if any, in the course
of payment immediately prior to such date, shall be continued under the provisions of such
Previous Plan, in the same manner and amounts, subject to the provisions of the Retiree Plan
Improvement Option in Section 10 of the Joinder Agreement.
V -2
ARTICLE VI.
Severance and Death Benefits
6.1 Severance Benefit: Upon termination of a Participant's employment with the Employer
prior to his Retirement, his contributions to the Fund shall cease and he shall be entitled to
receive a Severance Benefit equal in amount to the Participant's Contribution Accumulation,
which shall be in lieu of all other benefits under this Plan. Payment of such benefit shall be
made in a lump sum as soon as administratively feasible after the date of termination of the
Participant's employment and the Participant's request for payment. If such termination of
employment occurs after the Participant has met the requirements for Deferred Vested Pension,
he may receive in lieu of such Contribution Accumulation, the Pension for which he is eligible
under the provisions of Article IV, unless the Participant elects to receive such Contribution
Accumulation.
If any benefit of any other kind is paid under this Plan to or on behalf of a Participant, no
Severance Benefit shall be paid, but shall be deemed to have been included in the value of the other
benefit, unless the total of such other benefit payments finally made shall be less than his
Contribution Accumulation at the time of the Participant's termination of employment, in which
case the difference shall be paid to the terminated Participant if living, or if deceased, to his
Beneficiary.
6.2 Death Prior to Commencement of Pension: Upon the death of an active Participant or
a retired Participant prior to the earlier of the date the Committee approves the commencement
of his pension payments or the date fixed for commencement of his Pension payments, the
Beneficiary designated by the Participant or retired Participant shall be paid a Death Benefit in
the form of a Pension unless a spouse's pension becomes payable under Section 6.4.
(a) Basic Formula: Subject to the further provisions of Subsection (b) of this
Section 6.2, the amount of the Death Benefit Pension shall be equal to fifty percent (50 %) of the
monthly amount of the Normal Pension, as determined in Section 5.1 which the deceased
Participant had accrued at the time of his death considering the Participant's Compensation and
Service with the Employer prior to the date of his death. Payment of the Death Benefit Pension
under this Subsection shall commence as of the first day of the month coincident with or next
following the Employee's death. The last payment shall be made upon completion of the
number of monthly payments in the aggregate as elected in Section 7A of the Joinder
Agreement. Notwithstanding the foregoing, if any spouse's Pension becomes payable under
Section 6.4, or if any optional Pension was elected by such a retired Participant, and becomes
effective under Article VII, no such Death Benefit Pension under this Section 6.2 shall be paid at
that time. The terms of such Spouse's Pension or optional Pension as the case may be, shall
control payments after such death and the Death Benefit Pension provided for under this Section
shall be thereby canceled or inapplicable, except that upon the death of the spouse or the
contingent Beneficiary, his estate shall be paid the excess, if any, of the Participant's
Contribution Accumulation as of the date the Pension commenced or as of the date of death, if
earlier, over the sum of the benefit payments other than payments derived from Disability,
previously received by the spouse or the contingent Beneficiary.
VI -I
(b) Cost -of- Living Adjustment: If the Cost -of- Living Option is elected in the
Joinder Agreement, the monthly amount of Death Benefit Pension determined above under -
Subsection (a) of this Section 6.2 or the amount of any optional form of Pension payable in lieu
thereof to the Beneficiary entitled thereto, shall be subject to a cost -of- living adjustment in the
same manner as provided in Subsection 5.1(b).
6.3 Death After Commencement of Pension:
(a) Normal Pension, Early Pension or Deferred Vested Pension: Upon the death
of a retired Participant after the earlier of the date the Committee approves the commencement of
his Normal Pension payments, Early Pension payments or Deferred Vested Pension payments as
the case may be, or the date fixed for commencement of his Normal Pension payments or Early
Pension payments, Deferred Vested Pension payments as the case may be, and before he has
received the number of monthly payments elected in Section 7A of the Joinder Agreement, his
Beneficiary shall be entitled to a Death Benefit to be provided in the form of a Pension.
(1) Basic Formula: Subject to the further provisions of Subsection (a)(2) of
this Subsection 6.3(a), the amount of such Death Benefit Pension shall be equal to the
monthly amount of Normal Pension, Early Pension or Deferred Vested Pension which the
deceased retired Participant was eligible for or receiving at the time of his death. Payment
of such Death Benefit Pension shall commence as of the first day of the month coincident
with or next following the retired Participant's date of death. The last payment shall be
made upon the completion of the number of monthly payments in the aggregate as elected in
Section 7A of the Joinder Agreement to the retired Participant and the Beneficiary, if living,
or if deceased, the estate of the Beneficiary. This Death Benefit Pension shall not be in
addition to, but shall be one and the same as the continuation of Pension as provided in
Section 4.1, Section 4.2, or Section 4.4, as the case may be. However, no such Death
Benefit shall be paid but shall be canceled and inapplicable, if an optional form of payment
is elected and becomes effective under Article VII hereof.
(2) Cost -of- Living Adjustment: If the Cost -of- Living Option is elected in the
Joinder Agreement, the monthly amount of Death Benefit Pension determined above under
Subsection (a)(1) of this Section 6.3 or the amount of any optional form of Pension payable
in lieu thereof to the Beneficiary or estate entitled thereto, shall be subject to a cost -of- living
adjustment in the same manner as provided in Subsection 5.1(b).
(b) Disability Pension: Upon the death of a retired Participant who was unmarried
or legally separated from his or her spouse, after the earlier of the date the Committee approves
the commencement of his Disability Pension payments, or the date fixed for commencement of
his Disability Pension payments and before he has received a total of the number of monthly
Pension payments as elected in Section 7A of the Joinder Agreement, and before the cessation of
his Disability if such death occurs prior to his Normal Retirement Date, his Beneficiary shall be
entitled to a Death Benefit to be provided in the form of a Pension.
(1) Basic Formula: Subject to the further provision of Subsection (b)(2) of this
Section 63(b), the amount of such Death Benefit Pension shall be equal to the monthly
amount of Disability Pension which the deceased retired Participant was eligible for or
VI -2
receiving at the time of his death. Payment of such Death Benefit Pension shall commence
as of the first day of the month coincident with or next following the retired Participant's
date of death. The last payment shall be made upon the completion of the number of
monthly payments in the aggregate as elected in Section 7A of the Joinder Agreement to the
retired Participant and the Beneficiary, if living, or if deceased, to the estate of the
Beneficiary.
If the death of such retired Participant occurs after the cessation of his Disability and before
his Normal Retirement Date, and the total Disability Pension payments he had received was less
than his Contribution Accumulation as of the date of commencement of payments of such Disability
Pension, or as of the date of his death, if earlier, then his Beneficiary shall be entitled to a Death
Benefit. The amount of such Death Benefit shall be the excess of the retired Participant's said
Contribution Accumulation over the sum of such Pension payments, if any, previously received by
the retired Participant. Such Death Benefit shall be paid in cash in a single sum within 30 days after
the date of death.
If the retired Participant was married and not legally separated from his or her spouse at the
time of death, the applicable Death Benefit shall be that as provided in Section 6.4(b).
(2) Cost -of- Living Adjustment: If the Cost -of- Living Option is elected in the
Joinder Agreement, the monthly amount of Death Benefit Pension determined above under
Subsection (b)(1) of this Section 6.3 shall be subject to a cost -of- living adjustment in the
same manner as provided in Section 5.1(b).
6.4 Spouse's Pension:
(a) In- Service Death:
(1) Eligibility Requirements: The surviving spouse of a deceased Participant
shall be eligible for a Spouse's Pension with payments commencing on the first day of the
month coinciding with or next following the Participant's date of death and payable for the
spouse's lifetime, or until the spouse's remarriage, provided that the Participant, as of the
date of his or her death, (a) was continuing in the active Service of the Employer, (b) had
met the 100% vesting requirement, (c) had not retired or begun receiving his or her Normal
Pension, and (d) was not legally separated from the surviving spouse.
(2) Amount of Spouse's Pension: A surviving spouse who meets the eligibility
requirements under Subsection (a)(1) of Section 6.4 above shall receive a monthly amount
of Spouse's Pension equal to fifty percent (50 %) of the amount determined in Section 5.1
for a Normal Pension considering the Participant's Compensation and Service with the
Employer to the date of his death. However, if the surviving spouse is more than ten years
younger than the retired Participant on the date of his death, the Spouse's Pension payable
under this Subsection shall be reduced by one percent (1%) for each such year of age
difference in excess of ten (10) years to compensate for the longer period of expected
payments.
(3) Cost -of- Living Adjustment: If the Cost -of- Living Option is elected in the
Joinder Agreement, the monthly amount of Spouse's Pension determined above under
VI-3
Subsection (a)(2) of this Section 6.4 shall be subject to a cost -of- living adjustment in the
same manner as provided in Subsection 5.1(b).
(b) Post - Disability Retirement Death: The surviving spouse of a deceased, retired
Participant, who was receiving or was entitled to receive a Disability Pension on the date of his
or her death and who had received less than the number of monthly payments as elected in
Section 7A of the Joinder Agreement of such Disability Pension, shall be eligible for a Spouse's
Pension.
(1) Basic Formula: Subject to the further provisions of Subsection (b)(2) of
this Section 6.4, the amount of such Spouse's Pension shall be equal to the monthly amount
of Disability Pension which the deceased retired Participant was eligible for or receiving at
the time of his death. Payment of such Spouse's Pension shall commence as of the first day
of the month coincident with or next following the retired Participant's date of death. The
last payment shall be made upon the completion of the number of monthly payments in the
aggregate as elected in Section 7A of the Joinder Agreement to the retired Participant and
the surviving spouse, or if the surviving spouse dies before such completion of payments,
the remaining payments shall be made to the estate of the deceased spouse.
(2) Cost -of- Living Adjustment: If the Cost -of- Living Option is elected in the
Joinder Agreement, the monthly amount of Spouse's Pension determined above under
Subsection (b)(I.) of this Section 6.4 shall be subject to a cost -of- living adjustment in the
same manner as provided in Section 5.1(b).
(c) Post - Termination Death Benefit After Deferred Vested Termination: The
surviving spouse of a deceased, retired Participant, who was entitled to receive a Deferred
Vested Pension but had not yet received any payments on the date of his or her death, shall be
eligible for a Spouse's Pension. Such Pension will commence on the first day of the month
coinciding with or next following the later of: (i) the Participant's date of death or (ii) the earliest
date of which the Participant could have begun receiving payments in accordance with Section
5.4. The last payment shall be made upon the death or remarriage of the surviving spouse. A
final death benefit is the excess, if any, of the Participant's Contribution Accumulation over the
sum of the payments made to the Spouse.
(l) Basic Formula: Subject to the further provisions of Subsection (c)(2) of
this Section 6.4, the amount of such Spouse's Pension shall be equal to fifty percent (50 1/o)
of the Deferred Vested Pension to which the deceased, retired Participant was entitled to
receive commencing on his or her Normal Retirement Date and reduced in accordance with
Section 5.4 for the period between the date the Pension begins and the Normal Retirement
Date. However, if the surviving spouse is more than ten (10) years younger than the retired
Participant on the date of his death, the Spouse's Pension payable under this Subsection
shall be reduced by one percent (1 %) for each such year of age difference in the excess of
ten (10) years to compensate for the longer period of expected payments.
(2) Cost -of- Living Adjustment: If the Cost -of- Living Option is elected in the
Joinder Agreement, the monthly amount of spouse's Pension determined above under
VI-4
Subsection (c)(1) of this Section 6.4 shall be subject to a cost -of- living adjustment in the
same manner as provided in Subsection 5.1(b).
6.5 Designation of Beneficiary: Each active or retired Participant may designate a primary
Beneficiary or Beneficiaries and, in addition, may name a contingent Beneficiary or
Beneficiaries to receive any benefit that may become payable under Article VI hereunder by
reason of his death. If a Participant designates more than one Beneficiary, each shall share
equally unless the Participant specifies a different allocation or preference. Such designation
shall be made upon forms furnished by the Employer and may be revoked or changed at any time
and from time to time without notice to any Beneficiary, and shall not be effective unless and
until filed with the Committee. Further, the written designation of the Participant's spouse may
be voided upon divorce of the Participant if required by applicable state law. If a Participant
fails to designate a Beneficiary, or if no designated Beneficiary survives the Participant, the
Death Benefit shall be paid to the Participant's spouse, if living, or otherwise, to the estate of the
Participant. Neither the Employer, the Board of Trustees, nor the Fund shall be named as a
Beneficiary.
For the purpose of this Plan, the production of a certified copy of the death certificate of any
Employee or other person shall be sufficient evidence of death, and the Committee shall be fully
protected in relying thereon. In the absence of such proof, the Committee may rely upon such other
evidence of death as it deems necessary or advisable.
6.6 Severance of Death Benefits for Former Employees: If a Participant's Service with
the Employer terminates, but his Service continues by virtue of his employment with a
Municipality other than the Employer, he, his spouse or other Beneficiaries shall only be then, or
later become, entitled to and limited to such rights, benefits and options of any kind, under this,
if any, in the amounts and on the terms and conditions, as provided in Article VIII, Employment
Transfers,
6.7 HEART Act Provision: In the case of a death occurring on or after January 1, 2007, if a
Participant dies while performing qualified military service (as defined in Code §414(u)), the
survivors of the Participant are entitled to any additional benefits (other than benefit accruals
relating to the period of qualified military service, but including vesting service credit for such
period and any ancillary life insurance or other survivor benefits) that would have been provided
under the Plan had the Participant resumed employment on the day preceding the participant's
death and then terminated employment on account of death.
VI -5
ARTICLE VII.
Optional Retirement Benefits
7.1 Joint and Survivor Options: By filing an application with the Authorized Agent prior
to the start of payments, a married Participant not legally separated from his or her spouse may
designate such spouse as his contingent pensioner and elect to receive a Pension payable in
accordance with one of the following Actuarially Equivalent options in lieu of the Pension to
which he may otherwise become entitled upon Retirement.
Option A - Joint and 100% Survivor Annuity. A reduced Pension payable monthly
during the lifetime of the Participant with the provision that 100% of such monthly benefit shall be
payable to the Participant's contingent pensioner in monthly installments commencing on the first
day of the month following the month in which the Participant died and continuing thereafter
during the remaining lifetime of such contingent pensioner through the last monthly payment on or
prior to the contingent pensioner's death. The reduced Pension payable to the Participant shall be
eighty-three percent (83 %) plus or minus one percent (1 %) for each year to the nearest year that the
contingent pensioner is older or younger respectively than the Participant multiplied by the Pension
payable to the Participant in the normal form.
Option B - Joint and 50% Survivor Annuity. An adjusted Pension payable monthly
during the lifetime of the Participant with the provision that fifty percent (50 1/o) of such monthly
benefit shall be payable to such Participant's contingent pensioner in monthly installments
commencing on the first day of the month following the month in which the Participant dies and
continuing thereafter during the remaining lifetime of the contingent pensioner through the last
monthly payment on or prior to such contingent pensioner's death. The reduced Pension payable to
the Participant shall be ninety-two percent (92 1/o) plus or minus one -half of one percent (0.5 1/0) for
each year to the nearest year that his contingent pensioner is older or younger respectively than the
Participant multiplied by the Pension payable to the Participant in the normal form.
Option C - Joint and 66 2/3% Survivor Annuity. An adjusted Pension payable for the
joint lifetime of the Participant and his contingent pensioner, and upon the death of either, payments
in the amount of sixty-six and two- thirds percent (66 2/3 %) of such adjusted Pension shall be
continued to the contingent pensioner during the contingent pensioner's lifetime through the last
monthly payment on or prior to such contingent pensioner's death. The reduced Pension payable to
the Participant shall be ninety-three percent (93 1/o) plus or minus seven - tenths of one percent (0.7 1/o)
for each year to the nearest year that the contingent pensioner is older or younger respectively than
the Participant multiplied by the Pension payable to the Participant in the normal form.
7.2 Other Forms of Payment: If the Employer has elected in the Joinder Agreement to
provide additional optional benefit forms, the Committee may, in its sole discretion, at the
request of an Participant (or contingent pensioner), direct that any benefit provided by the Plan
be paid in one of the following forms, provided that payments to the Participant (or contingent
pensioner) have not yet commenced and that payments in such other form shall be the Actuarial
Equivalent of the benefit otherwise payable. The optional forms of payment are as follows:
VII -I
Option D - Insured Annuity. Under this form, the payee will receive a nontransferable
annuity purchased from a duly licensed insurance company under either an individual or group
annuity contract. Such annuity may be in any of the forms otherwise payable hereunder.
Option E - Periodic Installments. Under this form, the payee will receive periodic
installments over a period of years not to exceed life expectancy or the life expectancy of the payee
and his designated Beneficiary. If his death occurs after payments commenced, any remaining
installments will be paid to his designated Beneficiary, or Beneficiaries, either periodically over the
remainder of the period originally established for the payee or in a lump sum, as selected by the
Committee. No future Cost -of Living adjustments will be made or considered in calculating the
payment under this optional form.
Option F - Lump -Sum Payment. Under this form, the payee will receive a single sum
payment in cash. No future Cost -of- Living adjustments will be made or considered in calculating
the payment under this optional form.
Option G — Combination. Under this form, the payee will receive a combination of Option
F and Option D or Option E, as selected by the payee.
The calculation of amounts payable under Option E and Option F above shall be based on
actuarial tables contained in Appendix I. The underlying interest rate shall be seven and one -half
percent (7 %x %).
Annuity contracts purchased under Option D above must be priced on a basis deemed not to
be discriminatory under Title VII of the Civil Rights Act.
The Committee shall, if it deems appropriate, require a Participant (or contingent pensioner)
to submit evidence of good health as a condition to receipt of any such form of payment,
particularly any lump sum payment.
If a Pension payable under this Plan is less than fifty dollars ($50.00) per month, the
Committee may direct that, in lieu of such Pension, the Actuarial Equivalent thereof shall be paid in
a lump sum, or in a series of uniform monthly, quarterly, or annual amounts for life or for a
designated period of time.
For any distribution notice issued in Plan Years beginning after December 31, 2006, any
reference to the 90 -day maximum notice period prior to distribution in applying the notice
requirements of Code § §402(f) (the rollover notice), or 411(a)(]1) (Participant's consent to
distribution) will become 180 days.
7.3 Restrictions on Optional Forms: If payments have not yet commenced to a Participant,
a Participant may elect, change, or revoke an option if his election, change, or revocation is filed
in writing with the Authorized Agent. However, an election to receive benefits in one of the
forms described in Section 7.2 requires Committee approval. In the event a Participant dies after
he has begun to receive benefits under this Plan, his beneficiary or contingent pensioner shall not
be entitled to change the form of payment of the benefit. A Participant receiving a Disability
Pension is not eligible for any of the options. Notwithstanding anything in this Section to the
contrary, a Participant may elect an option without the approval of the Authorized Agent at any
VII -2
time within the six month period next following the adoption of this Plan by the Employer,
provided that the Participant is in the employ of the Employer at the time the election is made.
An election made pursuant to this Article shall become inoperative in the event that no
contingent pensioner is surviving upon the Participant's Retirement Date.
If a Participant who makes an election pursuant to the requirements of this Section
continues in the Employer's employ after his Normal Retirement Date, no Pension payments shall
be made during the period of continued employment. If the Participant dies during such continued
employment and the contingent pensioner survives him, the election shall become operative so that
the contingent pensioner shall receive a Pension in accordance with the option elected commencing
on the first day of the month coinciding with or next following the death of the Participant. In the
event the contingent pensioner predeceases the Participant during such continued employment, the
election shall not become operative.
7.4 Other Benefits Canceled by Option: Any Contribution Accumulation, Pension,
Severance, Death, or other benefit that would otherwise have become payable under this Plan
shall be canceled and superseded by an option elected under Section 7.1 or any other form of
payment elected under Section 7.2 as of the date such option or other form of payment
commences.
7.5 Options by Former Employee: The provisions of this Article VII shall be applicable to
any former Employees entitled thereto under the provisions of Article VIII- Employment
Transfers.
7.6 Rollover to Another Plan or IRA: Notwithstanding any provision of the Plan to the
contrary that would otherwise limit a Distributee's election under this Section, a Distributee may
elect, at the time and in the manner prescribed by the Committee, to have any portion of an
Eligible Rollover Distribution paid directly to an Eligible Retirement Plan specified by the
Distributee in a Direct Rollover. The Committee shall establish procedures for implementing
such Direct Rollover distribution.
(a) Definitions: For purposes of this Section 7.6, the following definitions shall
apply:
(i) "Eligible Rollover Distribution ": An "Eligible Rollover Distribution" is
any distribution of all or any portion of the balance to the credit of the Distributee, except that an
Eligible Rollover Distribution does not include: any distribution that is one of a series of
substantially equal periodic payments (not less frequently than annually) made for the life (or life
expectancy) of the Distributee or thejoint lives (or joint life expectancies) of the Distributee and the
Distributee's designated Beneficiary, or for a specified period of ten years or more; any distribution
to the extent such distribution is required under Section 401(a)(9) of the Code; and the portion of
any distribution that is not includable in gross income. With respect to distributions made after
December 31, 2001, a portion of a distribution shall not fail to be an eligible rollover distribution
merely because the portion consists of after -tax employee contributions which are not includible in
gross income. However, such portion may be paid only to an individual retirement account or
annuity described in Section 408(a) or (b) of the Code, or to a qualified defined contribution plan
described in Section 401(a) or 403(a) of the Code that agrees to separately account for amounts so
VII -3
transferred, including separately accounting for the portion of such distribution which is includible in
gross income and the portion of such distribution which is not so includible.
(ii) "Eligible Retirement Plan ": An "Eligible Retirement Plan" is an
individual retirement account described in Section 408(a) of the Code, an individual retirement
annuity described in Section 408(b) of the Code, an annuity plan described in Section 403(a) of
the Code, a qualified trust described in Section 401(a) of the Code, an annuity contract described
in Section 403(b) of the Code, an eligible plan under Section 457(b) of the Code which is
maintained by a state, political subdivision of a state, or any agency or instrumentality of a state
or political subdivision of a state and which agrees to separately account for amounts transferred
into such plan from this Plan, or, effective January 1, 2008, a Roth IRA described in Code
Section 408A(b), that accepts the Distributee's Eligible Rollover Distribution. However, in the
case of an Eligible Rollover Distribution to the surviving spouse or a Participant's surviving
Beneficiary, an Eligible Retirement Plan is an individual retirement account or individual
retirement annuity. The definition of Eligible Retirement Plan shall also apply in the case of a
distribution to a surviving spouse, or to a spouse or former spouse who is the alternate payee
under a qualified domestic relation order, as defined in Section 414(p) of the Code. If any
portion of an Eligible Rollover Distribution is attributable to payments or distributions from a
designated Roth account, an Eligible Retirement Plan with respect to such portion shall include
only another designated Roth account of the individual from whose account the payments or
distributions were made, or a Roth IRA of such individual. In the case of a nonspouse
beneficiary, the direct rollover may be made only to an individual retirement account or annuity
described in Code Section 408(a) or 408(b) ( "IRA ") that is established on behalf of the
designated Beneficiary and that will be treated as an inherited IRA pursuant to the provisions of
Code Section 402(c)(ii). Further, the determination of any required minimum distribution under
Code Section 401(a)(9) that is ineligible for rollover shall be made in accordance with IRS
Notice 2007 -7, Q &A 17 and 18, 2007 -5 I.R.B. 395.
(iii) `Tistributee ": A "Distributee" includes a Participant or former Participant.
In addition, the Participant's spouse or former Participant's surviving spouse or surviving
Beneficiary (effective January 1, 2007) and the Participant's or former Participant's spouse or
former spouse who is the alternate payee under a qualified domestic relations order, as defined in
Section 414(p) of the Code, are distributees with regard to the interest of the spouse or former
spouse.
(iv) "Direct Rollover ": A "Direct Rollover" is a payment by the Plan directly to
the Eligible Retirement Plan specified by the Distributee.
7.7 Minimum Distribution Requirements:
(a) General Rules:
W Effective Date. The provisions of this Section will apply for purposes of
determining required minimum distributions for calendar years beginning with the 2003 calendar
year.
(ii) Precedence. The requirements of this Section will take precedence over
any inconsistent provisions of the Plan.
VII -4
(iii) Requirements of Regulations Incorporated. All distributions required
under this Section will be determined in accordance with Section 401(a)(9) of the Internal
Revenue Code, including the incidental death benefit requirement of Section 401(a)(9)(G), and
the Income Tax Regulations thereunder.
(iv) TEFRA Section 242(b)(2) Elections. Notwithstanding the other
provisions of this Section, other than Subsection (iii), distributions may be made under a
designation made before January 1, 1984, in accordance with Section 242(b)(2) of the Tax
Equity and Fiscal Responsibility Act (TEFRA) and the provisions of the Plan that relate to
Section 242(b)(2) of TEFRA.
(b) Time and Manner of Distribution:
(i) Required Beginning Date. The Participant's entire interest will be
distributed, or begin to be distributed, to the Participant no later than the Participant's required
beginning date.
(ii) Death of Participant Before Distributions Begin. If the Participant dies
before distributions begin, the Participant's entire interest will be distributed, or begin to be
distributed, no later than as follows:
(1) If the Participant's surviving spouse is the Participant's sole
designated beneficiary, then, except as provided in the adoption
agreement, distributions to the surviving spouse will begin by December
31 of the calendar year immediately following the calendar year in which
the Participant died, or by December 31 of the calendar year in which the
Participant would have attained age 70%2, if later.
(2) If the Participant's surviving spouse is not the Participant's sole
designated beneficiary, then, distributions to the designated beneficiary
will begin by December 31 of the calendar year immediately following the
calendar year in which the Participant died.
(3) If there is no designated beneficiary as of September 30 of the year
following the year of the Participant's death, the Participant's entire
interest will be distributed by December 31 of the calendar year containing
the fifth anniversary of the Participant's death.
(4) If the Participant's surviving spouse is the Participant's sole
designated beneficiary and the surviving spouse dies after the Participant
but before distributions to the surviving spouse begin, this Subsection
(b)(ii), other than Subsection (b)(ii)(1), will apply as if the surviving
spouse were the Participant.
For purposes of this Subsection (ii) and Subsection (e), distributions are considered to
begin on the Participant's required beginning date (or, if Subsection (b)(ii)(4) applies, the
date distributions are required to begin to the surviving spouse under Subsection
(b)(ii)(1)). If annuity payments irrevocably commence to the Participant before the
VII -5
Participant's required beginning date (or to the Participant's surviving spouse before the
date distributions are required to begin to the surviving spouse under Subsection
(b)(ii)(I), the date distributions are considered to begin is the date distributions actually
commence.
(iii) Form of Distribution. Unless the Participant's interest is distributed in
the form of an annuity purchased from an insurance company or in a single sum on or before the
required beginning date, as of the first distribution calendar year distributions will be made in
accordance with Subsections (c), (d) and (e) of this Section. If the Participant's interest is
distributed in the form of an annuity purchased from an insurance company, distributions
thereunder will be made in accordance with the requirements of Section 401(a)(9) of the Code
and the Treasury regulations.
(c) Determination of Amount to be Distributed Each Year:
(i) General Annuity_Requirements. If the Participant's interest is paid in the
form of annuity distributions under the Plan, payments under the annuity will satisfy the
following requirements:
(I) the annuity distributions will be paid in periodic payments made at
intervals not longer than one year;
(2) the distribution period will be over a life (or lives) or over a period
certain not longer than the period described in Section (d) or (e);
(3) once payments have begun over a period certain, the period certain
will not be changed even if the period certain is shorter than the maximum
permitted;
(4) payments will either be nonincreasing or increase only as follows:
A by an annual percentage increase that does not exceed the
annual percentage increase in a cost -of- living index that is
based on prices of all items and issued by the Bureau of Labor
Statistics;
b to the extent of the reduction in the amount of the
Participant's payments to provide for a survivor benefit upon
death, but only if the beneficiary whose life was being used to
determine the distribution period described in Section (d) dies
or is no longer the Participant's beneficiary pursuant to a
qualified domestic relations order within the meaning of
Section 414(p);
c to provide cash refunds of employee contributions upon the
Participant's death; or
d to pay increased benefits that result from a plan amendment.
VII -6
(ii) Amount Required to be Distributed by Required Beginning Date. The
amount that must be distributed on or before the Participant's required beginning date (or, if the
Participant dies before distributions begin, the date distributions are required to begin under
Subsection (b)(ii)(1) or (2)) is the payment that is required for one payment interval. The second
payment need not be made until the end of the next payment interval even if that payment
interval ends in the next calendar year. Payment intervals are the periods for which payments are
received, e.g., bi- monthly, monthly, semi - annually, or annually. All of the Participant's benefit
accruals as of the last day of the first distribution calendar year will be included in the calculation
of the amount of the annuity payments for payment intervals ending on or after the Participant's
required beginning date.
(iii) Additional Accruals After First Distribution Calendar Year. Any
additional benefits accruing to the Participant in a calendar year after the first distribution
calendar year will be distributed beginning with the first payment interval ending in the calendar
year immediately following the calendar year in which such amount accrues.
(d) Requirements For Annuity Distributions That Commence During
Participant's Lifetime:
(i) Joint Life Annuities Where the Beneficiary Is Not the Participant's
Spouse. If the Participant's interest is being distributed in the form of a joint and survivor
annuity for the joint lives of the Participant and a nonspouse beneficiary, annuity payments to be
made on or after the Participant's required beginning date to the designated beneficiary after the
Participant's death must not at any time exceed the applicable percentage of the annuity payment
for such period that would have been payable to the Participant using the table set forth in Q &A-
2 of Section 1.401(a)(9) -6T of the Treasury regulations. If the form of distribution combines a
joint and survivor annuity for the joint lives of the Participant and a nonspouse beneficiary and a
period certain annuity, the requirement in the preceding sentence will apply to annuity payments
to be made to the designated beneficiary after the expiration of the period certain.
(ii) Period Certain Annuities. Unless the Participant's spouse is the sole
designated beneficiary and the form of distribution is a period certain and no life annuity, the
period certain for an annuity distribution commencing during the Participant's lifetime may not
exceed the applicable distribution period for the Participant under the Uniform Lifetime Table
set forth in Section 1.401(a)(9) -9 of the Treasury regulations for the calendar year that contains
the annuity starting date. If the annuity starting date precedes the year in which the Participant
reaches age 70, the applicable distribution period for the Participant is the distribution period for
age 70 under the Uniform Lifetime Table set forth in Section 1.401(a)(9) -9 of the Treasury
regulations plus the excess of 70 over the age of the Participant as of the Participant's birthday in
the year that contains the annuity starting date. If the Participant's spouse is the Participant's
sole designated beneficiary and the form of distribution is a period certain and no life annuity,
the period certain may not exceed the longer of the Participant's applicable distribution period,
as determined under this Section (d)(ii), or the joint life and last survivor expectancy of the
Participant and the Participant's spouse as determined under the Joint and Last Survivor Table
set forth in Section 1.401(a)(9) -9 of the Treasury regulations, using the Participant's and
spouse's attained ages as of the Participant's and spouse's birthdays in the calendar year that
contains the annuity starting date.
VII -7
(e) Requirements For Minimum Distributions After the Participant's Death:
(i) Death After Distributions Begin. If the Participant dies after distribution
of his or her interest begins in the form of an annuity meeting the requirements of this Article,
the remaining portion of the Participant's interest will continue to be distributed over the
remaining period over which distributions commenced.
(ii) Death Before Distributions Begin.
a. Participant Survived by Designated Beneficiary. If the
Participant dies before the date distribution of his or her interest begins and there
is a designated beneficiary, the Participant's entire interest will be distributed,
beginning no later than the time described in Subsection (b)(ii)(1) or (2), over the
life of the designated beneficiary or over a period certain not exceeding:
(I) unless the annuity starting date is before the first
distribution calendar year, the life expectancy of the designated
beneficiary determined using the beneficiary's age as of the beneficiary's
birthday in the calendar year immediately following the calendar year of
the Participant's death; or
(2) if the annuity starting date is before the first distribution
calendar year, the life expectancy of the designated beneficiary determined
using the beneficiary's age as of the beneficiary's birthday in the calendar
year that contains the annuity starting date.
b. No Designated Beneficiary. If the Participant dies before the date
distributions begin and there is no designated beneficiary as of September 30 of
the year following the year of the Participant's death, distribution of the
Participant's entire interest will be completed by December 31 of the calendar
year containing the fifth anniversary of the Participant's death.
C. Death of Surviving Spouse Before Distributions to Surviving
Spouse Begin. If the Participant dies before the date distribution of his or her
interest begins, the Participant's surviving spouse is the Participant's sole
designated beneficiary, and the surviving spouse dies before distributions to the
surviving spouse begin, this Section (e) will apply as if the surviving spouse were
the Participant, except that the time by which distributions must begin will be
determined without regard to Subsection (b)(ii)(1).
(f) Definitions:
(i) Designated Beneficiary. The individual who is designated as the
beneficiary under Section 6.5 of the Plan and is the designated beneficiary under Section
401(a)(9) of the Internal Revenue Code and Section 1.401(a)(9) -4 of the Treasury regulations.
(ii) Distribution Calendar Year. A calendar year for which a minimum
distribution is required. For distributions beginning before the Participant's death, the first
VII -8
distribution calendar year is the calendar year immediately preceding the calendar year which
contains the Participant's required beginning date. For distributions beginning after the
Participant's death, the first distribution calendar year is the calendar year in which distributions
are required to begin pursuant to Subsection (b)(ii).
(iii) Life Expectancy. Life expectancy as computed by use of the Single Life
Table in Section 1.401(a)(9) -9 of the Treasury regulations.
(iv) Required Beginning -Date, The April 1 of the calendar year following the
later of the calendar year in which the Participant attains age 70 %z, or if later, retires.
VII -9
ARTICLE VIII.
Employment Transfers
8.1 Transfers From This Plan:
(a) To Another Category With This Employer: If a Participant is employed by the
Employer under this Plan and is transferred to employment with this Employer but under another
department, classification or category, so that he is no longer eligible to participate in this Plan,
such participation shall thereupon cease; his benefits shall remain in the Fund (unless such
Participant is eligible for his Normal Pension in accordance with Section 4.1); but he will not
continue to accrue service for the purposes of benefit accruals or additional vesting credit for
benefits under this Plan. However, if a Participant participates in any other retirement plan
sponsored by the Employer within the Fund, he shall continue to accrue Service for vesting
purposes under this Plan.
(b) To Another Municipality: If a Participant's employment by the Employer under
this Plan is terminated by virtue of his transfer to employment with another Municipality, his
participation in this Plan shall thereupon cease and he shall be subject to the following rules and
requirements relating to this Plan and his right and benefits hereunder:
(1) If he is eligible for a Pension under this Plan as of the date of such
employment transfer, he shall be entitled to his Pension. If he is, immediately upon such transfer of
employment, covered by the retirement plan under which such other Municipality participates in the
Oklahoma Municipal Retirement Fund, and he has not withdrawn his Contribution Accumulation in
this Plan, then he will continue to accrue Service in this Plan for the purpose of the determination of
attainment of Normal Retirement Age under this Plan, but shall not be entitled to credit for Service
while not a Participant under this Plan for the purpose of computing the amount of any benefit under
this Plan; or
(2) If he is not eligible for a Pension under this Plan as of the date of such
employment transfer, and he is, immediately upon such transfer of employment, covered by the
retirement plan under which such other Municipality participates in the Oklahoma Municipal
Retirement Fund, his Contribution Accumulation shall remain in the Fund and will continue to
accrue interest, and he will continue to accrue Service for the purpose of meeting eligibility
requirements for benefits and for determination of attainment of Normal Retirement Age under this
Plan, but shall not be entitled to credit for Service while not a Participant under this Plan for the
purpose of computing the amount of any benefit under this Plan and upon so meeting such
eligibility requirements for benefits, he or his Beneficiaries shall be entitled to such benefits.
8.2 Transfers to This Plan:
(a) From Another Category with This Employer: Effective for Plan Years
beginning on or after July 1, 1998, if a person becomes an Employee and a Participant under this
Plan immediately upon his transfer from full -time, regular employment with this Employer under
another department, classification or category where he is ineligible for membership only
because of the type of such employment, his Service accrued by virtue of such prior employment
shall not be counted in determining his eligibility for benefits hereunder and not in computing
VIII -1
the amount of such benefits, and he shall also be subject to all the other provisions of this Plan,
provided such transfer occurred prior to the adoption of this Plan. Provided, however, for Plan
Years ending prior to July 1, 1998, the rules of the prior Plan document shall apply with respect
to such transfers.
(b) From Another Municipality: If a person becomes an Employee and a
Participant under this Plan immediately upon his transfer from full -time, regular employment
with a Municipality other than this Employer, his Service accrued by virtue of such prior
employment shall be counted in determining his eligibility and vesting for benefits hereunder,
but not in computing the amount of such benefits, and he shall also be subject to all the other
provisions of this Plan. An Employee's eligibility for membership under this Plan will be
determined by applying the eligibility requirements in the Joinder Agreement as though the date
his credited service from the other Municipality began was his date of employment with this
Employer. Provided, however, no such Service shall be counted if the Participant was not 100%
vested in the other Municipality's qualified retirement plan and the Participant received a
distribution of his benefit under such Plan unless the distribution of his benefit was paid after
becoming vested with this Employer.
(c) Previously Fully Vested With Another Municipality: With respect to a
Participant who was previously 100% vested in any other Municipality's qualified retirement
plan prior to becoming a Participant in this Plan, such Participant's "Service" for purposes of
determining years of service for eligibility and vesting under this Plan shall include the
Participant's last continuous period during which the Participant was an employee of the other
Municipality.
8.3 Notice of Transfers: Immediately after any transfer of employment referred to in
Sections 8.1 or 8.2, the transferred Employee shall give written notice of such transfer to the
Authorized Agent on a form furnished by the Authorized Agent. Such Employee shall not be
penalized, however, for failure to give such notice. The Authorized Agent shall give immediate
notice in writing of such transfers to the Committee.
VIII -2
ARTICLE IX.
Administration
9.1 Administration: The Plan shall be administered by the Committee which is hereby
created and established and which shall be composed of the members of the City Council of the
Employer. The duties of the Committee shall be performed without compensation other than the
compensation, if any, which they receive as officers of the Employer unless additional
compensation is specifically provided for by action of the City Council. Any usual and
reasonable expenses incurred by the Committee in the administration of this Fund and Plan shall
be paid by the Employer.
(a) Committee: The Committee shall have such powers as may be necessary to
discharge its duties hereunder and under the document creating the Oklahoma Municipal
Retirement Fund, and under the contract for the pooling of the Fund with similar funds of other
Municipalities. Such powers shall include but not be limited to the following powers and duties:
(1) to delegate to, specify, direct, and supervise the performance of duties of the
Authorized Agent, as the agent of the Employer and Committee in matters relating to the Plan, and
the Fund, including but not limited to, the duties set forth below in Subsection 9.1(b) and including
any duties of the Employer under the Plan, or as set forth in this Subsection 9.1(a);
(2) acting by direction to the Authorized Agent to file a petition for nomination,
or otherwise nominate, and cast the ballot for the election of Trustees of the Oklahoma Municipal
Retirement Funds;
(3) to construe and interpret the Plan and resolve any ambiguities with respect to
any of the terms and provisions thereof as written and as applied to the operation of the Plan;
(4) decide all questions of eligibility and determine the amount, manner and
time of payment of any benefits hereunder;
(S) to prescribe procedures to be followed by Participants in filing applications
for benefits;
(6) to make a determination as to the right of any person to a benefit and to
afford any person dissatisfied with such determination the right to a hearing thereon;
(7) to receive from the Employer, the Trustees, the Trust Service Provider and
the Authorized Agent, such information as shall be necessary for the proper administration of the
Plan;
(8) to prepare and distribute, in such manner as it determines to be appropriate,
information explaining the Plan;
(9) to furnish the Employer, upon request, such annual reports with respect to
the administration of the Plan as are reasonable and appropriate;
IX -1
(10) to receive and review the valuation report and certification of the Plan,
prepared annually by the actuarial firm, and on the basis thereof to certify to the Employer's
budgetary authority an appropriate contribution rate in time for the incorporation, when necessary,
of the resulting costs in the budget, and make timely appropriations therefor;
(1 l) to receive and review reports from the auditor appointed by the Trustees, the
City Treasurer and City Auditors, of the financial condition of the Fund;
(12) to have full power, to manage and control, the Plan and Fund and to
authorize in writing, all payments from the Fund by written direction of the Authorized Agent, or
otherwise; and
(13) to sue in any court of competent jurisdiction for the enforcement of any
contract, claim or other right, and to defend against or to compromise, settle or otherwise dispose of
any claim or suit against the Employer, the Plan, or the City Treasurer, as Treasurer of the Plan.
(14) to appoint such person or persons as necessary to perform the following:
a. to receive and separately account for, payments, appropriations,
apportionments, allocations, payroll deductions, and any other assets, which are for, or
consist of contributions or assets under the Plan for the Fund, which are made by the
Employer, the Participants, or from any other source;
b. to transfer, remit, pay over and deliver, upon the written direction of
the Authorized Agent, as soon as practicable after his receipt thereof, all such
contributions and assets, to the Oklahoma Municipal Retirement Fund for management
and investment;
c. to keep as evidence and permanent records, all such written
directions of the Authorized Agent for such transfers and disbursements, maintain
accurate accounts and records of such receipts, transfers and disbursements, and keep
such other records and furnish such information and advice to the Employer, the City
Council, the Committee and the Authorized Agent as may be necessary and proper for
the performance of such duties in coordinating the administration and operation of the
Plan;
d. maintain such records including vital statistics on health, age, sex,
birth, death, Compensation and length of Service of all the Participants of the Employer
or their beneficiaries who are included in the Plan or who are, or may become eligible for
such inclusion, as are necessary for the proper administration of the Plan, and furnish
such information as is requested by the Authorized Agent, or is requested by the
Administrator;
e. notify the Authorized Agent when any Participant is eligible for
Retirement under the Plan; and
f. attend meetings of the Committee while matters pertaining to the
Plan, the Participants or their beneficiaries are under consideration.
IX -2
The Committee shall have no power to waive or fail to apply any requirements of eligibility
for a Pension under the Plan. The Committee may adopt such rules, regulations and actuarial tables
as it deems necessary or desirable to administer the Plan. All such rules, regulations and decisions
shall be uniformly and consistently applied to all Employees in similar circumstances.
Any such rule or decision which is not inconsistent with the provisions of the Plan shall be
conclusive and binding upon all persons affected by it and there shall be no appeal from any ruling
by the Committee which is within its authority.
When making a determination or calculation, the Committee shall be entitled to rely upon
information furnished by the Trustees, the Trust Service Provider, the Employer, the Authorized
Agent, the legal counsel of the Employer, or the actuary for the Plan.
(b) Authorized Agent: An Authorized Agent shall be designated in writing by the
Committee and shall act as the agent of the Employer (but not the agent of the Trustees or the
Trust Service Provider of the Fund) in matters pertaining to the Plan and the Fund, to centralize
in one person the local administration and coordination thereof, and to file payroll and
contribution information, to file claims, forms and applications for Participants, and to advise
Participants, the Employer and the Committee. The Authorized Agent, under the control and
direction of the Committee, shall have such general duties as the Employer and the Committee
may deem necessary and proper for such purposes, which duties shall include but not be limited
to, the following:
(1) to coordinate the deduction of Participant contributions and to see that
Employer and Participant contributions are properly received and forwarded promptly to the Fund
for management and investment;
(2) to forward any communications directed to Participants and Beneficiaries by
the Trustees, the Trust Service Provider or the Fund;
(3) to lend assistance to Participants and Beneficiaries in filing applications for
benefits, and in communicating with the Employer, the Committee and the Trustees or the Trust
Service Provider of the Fund and to forward such communications to the addressees;
(4) to keep the Employer and Committee informed regarding Employer
contribution rates and funds required to meet the costs of the Plan;
(5) to assist the Committee in determining whether or not Employees are
eligible for participation in the Plan;
(6) to certify at the direction of the Committee that an Employee is on an
Authorized Leave of Absence, paid or unpaid; and
(7) to file at the direction of the Committee a petition or nomination, and cast a
ballot for election of Trustees of the Fund.
IX -3
(c) Plan Municipal Counselor: The Committee of the Employer shall appoint the
legal advisor of the Employer and the Committee, and such legal advisor shall represent them in
any legal matters, proceedings, or litigation.
9.2 Bonds: No bond to secure the performance of administrative duties in the operation of
the Plan and the Fund, shall be required of any persons or organizations unless required by law,
or unless required by the Trust indenture establishing Fund, or unless required by the Employer
for any persons or organizations engaged in the administration of the Plan. If such a bond is
required by law, the Trustees or the Employer, the premiums therefor shall be paid as expenses
of the Fund. Any agents, officials of employees of the Employer engaged in the administration
for the Plan shall be covered as to the performance of such administrative duties, by any official
or other bond covering their regular duties otherwise.
9.3 Benefit Payments: All benefits which are to be paid pursuant to the provisions of the
Plan, shall be paid under the direction of the Committee out of the applicable portion of the
Fund, upon written directions of the Committee acting through the Authorized Agent.
9.4 Abandonment of Benefits:
(a) If, anytime following the date either of a Participant or Beneficiary of a deceased
Participant becomes entitled to receive any non - deferred benefits under the Plan, then, if the
whereabouts of such Participant or Beneficiary is unknown, the benefits may be forfeited in certain
limited circumstances as provided hereafter. If the Committee has mailed to the Participant or
Beneficiary notice of the present right to receive benefits, and the Committee mails such notice
again after one year, then, if no claim has been received by the second anniversary of the first
mailing of the notice, the Accounts representing unclaimed Benefits (including those holding
Participant contributions) shall be forfeited.
(b) Each Participant and Beneficiary shall file with the Committee, from time to time in
writing, their post office address and each change of post office address, if any, and the Committee
shall not be obliged to search for or ascertain the whereabouts of any Participant or Beneficiary.
Any communication addressed to a Participant or Beneficiary at their last post office address filed
with the Committee, or if no such address was filed, then at their last post office address as shown
on the Employer's records, shall be binding on the Participant and the Beneficiary for all purposes
of the Plan and Trust.
(c) In the event that the whereabouts of a lost Participant, or lost Beneficiary of a
deceased Participant, ever becomes known to the Committee, and either of such parties makes a
claim for benefits, the Committee shall, if the Plan is in existence, reinstate any Benefits which have
been previously forfeited to satisfy such claim, including any applicable cost -of- living adjustments.
For purposes of this Subsection (c), the limitations under Section 415 of the Code shall not apply.
9.5 Benefits Payable to Incompetents: Any payments due hereunder to a minor or other
person under legal disability may be made, at the discretion of the Committee, (i) to a parent,
spouse, relative by blood or marriage, or (ii) the legal representative of the said person. The
Committee shall not be required to see to the application of any such payment, and the payee's
IX -4
receipt shall be a full and final discharge of all responsibility hereunder of the Employer, the
Committee and the Trustees.
9.6 No Participant Loans Permitted: Loans to Participants are not permitted under this
Plan. Any references to Participant Loans in the Trust Indenture establishing the Oklahoma
Municipal Retirement Fund shall not be applicable to this Plan.
IX -5
ARTICLE X.
Limitations
10.1 Limitations on Benefits Relating to Section 415 of Internal Revenue Code of 1986:
(a) Notwithstanding any other provision contained herein to the contrary, the benefits
payable to a Participant from the Plan provided by employer contributions (including
contributions picked up by the employer under Code Section 414(h)) shall be subject to the
limitations of Code Section 415 in accordance with the provisions of this Article. The
limitations of this Article shall apply in limitation years beginning on or after July 1, 2007,
except as otherwise provided below.
(b) Except as provided below, effective for limitation years ending after December
31, 2007, any accrued retirement benefit otherwise payable to a Participant under the Plan at any
time shall not exceed the Maximum Permissible Benefit. If the benefit the Participant would
otherwise accrue in a Limitation Year would produce an Annual Benefit in excess of the
Maximum Permissible Benefit, the benefit shall be limited (or the rate of accrual reduced) to a
benefit that does not exceed the Maximum Permissible Benefit.
(c) If the Participant is, or has ever been, a Participant in another qualified defined
benefit plan (without regard to whether the Plan has been terminated) maintained by the
Employer or a predecessor employer, the sum of the Participant's Annual Benefits from all such
plans may not exceed the Maximum Permissible Benefit. Where the Participant's Employer -
provided benefits under all such defined benefit plans (determined as of the same age) would
exceed the Maximum Permissible Benefit applicable at that age, the Employer will apply the
benefit accrual limit first to the plan that is not a broad -based participation plan.
(d) The application of the provisions of this Article shall not cause the Maximum
Permissible Benefit for any Participant to be less than the Participant's accrued benefit under all
the defined benefit plans of the Employer or a predecessor employer as of the end of the last
Limitation Year beginning before July 1, 2007 under provisions of the plans that were both
adopted and in effect before April 5, 2007. The preceding sentence applies only if the provisions
of such defined benefit plans that were both adopted and in effect before April 5, 2007 satisfied
the applicable requirements of statutory provisions, regulations, and other published guidance
relating to Code Section 415 in effect as of the end of the last Limitation Year beginning before
July I, 2007, as described in Treas. Reg. Section 1.415(a)- 1(g)(4).
(e) The limitations of this Article shall be determined and applied taking into account
the rules in Section 10.7.
10.2 Definitions: For purposes of calculating the limitations which are otherwise applicable
to a Participant pursuant to Section 415 of the Code and this Plan, the following definitions shall
apply.
(a) Annual Benefit: A benefit that is payable annually in the form of a straight life
annuity. Except as provided below, where a benefit is payable in a form other than a straight life
annuity, the benefit shall be adjusted to an actuarially equivalent straight life annuity that begins
X -1
at the same time as such other form of benefit and is payable on the first day of each month
before applying the limitations of this Article. For a Participant who has or will have
distributions commencing at more than one annuity starting date, the Annual Benefit shall be
determined as of each such annuity starting date (and shall satisfy the limitations of this Article
as of each such date), actuarially adjusting for past and future distributions of benefits
commencing at the other annuity starting dates. For this purpose, the determination of whether a
new starting date has occurred shall be made without regard to Treas. Reg. Section 1.401(a) -20.
Q &A 10(d), and with regard to Treas. Reg. Section 1.415(b)- 1(b)(1)(iii)(B) and (C).
No actuarial adjustment to the benefit shall be made for (a) survivor benefits payable to a
surviving spouse under a qualified joint and survivor annuity to the extent such benefits would
not be payable if the Participant's benefit were paid in another form; (b) benefits that are not
directly related to retirement benefits (such as a qualified disability benefit, preretirement
incidental death benefits, and postretirement medical benefits); or (c) the inclusion in the form of
benefit of an automatic benefit increase feature, provided the form of benefit is not subject to
Code Section 417(e)(3) and would otherwise satisfy the limitations of this Article, and the Plan
provides that the amount payable under the form of benefit in any Limitation Year shall not
exceed the limits of this Article applicable at the annuity starting date, as increased in subsequent
years pursuant to Code Section 415(d). For this purpose, an automatic benefit increase feature is
included in a form of benefit if the form of benefit provides for automatic, periodic increases to
the benefits paid in that form.
The determination of the Annual Benefit shall take into account Social Security supplements
described in Code Section 411(a)(9) and benefits transferred from another defined benefit plan,
other than transfers of distributable benefits pursuant to Treas. Reg. Section 1.411(d) -4, Q &A-
3(c), but shall disregard benefits attributable to employee contributions or rollover contributions.
Effective for distributions in Plan Years beginning after December 31, 2003, the determination
of actuarial equivalence of forms of benefit other than a straight life annuity shall be made in
accordance with Section 10.2(a)(1) or Section 10.2(a)(2).
(1) Benefit Forms Not Subject to 017(e)(3): The straight life annuity that is
actuarially equivalent to the Participant's form of benefit shall be determined under this Section
10.2(a)(1) if the form of the Participant's benefit is either (1) a nondecreasing annuity (other than
a straight life annuity) payable for a period of not less than the life of the Participant (or, in the
case of a qualified pre- retirement survivor annuity, the life of the surviving spouse), or (2) an
annuity that decreases during the life of the Participant merely because of (a) the death of the
survivor annuitant (but only if the reduction is not below 50% of the benefit payable before the
death of the survivor annuitant), or (b) the cessation or reduction of Social Security supplements
or qualified disability payments (as defined in Code Section 401(a)(11)).
(i) Limitation Years beginning before July 1. 2007. For Limitation Years
beginning before July 1, 2007, the actuarially equivalent straight life annuity is equal to the
annual amount of the straight life annuity commencing at the same annuity starting date that has
the same actuarial present value as the Participant's form of benefit computed using whichever
of the following produces the greater annual amount: (1) the interest rate specified in Section
2.1(b) of the Plan and the mortality table (or other tabular factor) specified in Section 2.1(b) of
X -2
the Plan for adjusting benefits in the same form; and (11) a 5 percent interest rate assumption and
the applicable mortality table defined in Section 2.1(b) of the Plan for that annuity starting date.
(ii) Limitation Years beginning on or after July 1, 2007. For Limitation Years
beginning on or after July 1, 2007, the actuarially equivalent straight life annuity is equal to the
greater of (1) the annual amount of the straight life annuity (if any) payable to the Participant
under the Plan commencing at the same annuity starting date as the Participant's form of benefit;
and (2) the annual amount of the straight life annuity commencing at the same annuity starting
date that has the same actuarial present value as the Participant's form of benefit, computed
using a 5 percent interest rate assumption and the applicable mortality table defined in Section
23(b) of the Plan for that annuity starting date.
(2) Benefit Forms Subject to Code Section 417(e)(3): The straight life annuity that is
actuarially equivalent to the Participant's form of benefit shall be determined under this
paragraph if the form of the Participant's benefit is other than a benefit form described in Section
10.2(a)(1). In this case, the actuarially equivalent straight life annuity shall be determined as
follows:
(i) Annuity Starting Date in Plan Years Beginning After 2005. Except as
provided in Section 10.2(a)(2)(iii), if the annuity starting date of the Participant's form of benefit
is in a Plan Year beginning after December 31, 2005, the actuarially equivalent straight life
annuity is equal to the greatest of
(a) The annual amount of the straight life annuity commencing at the
same annuity starting date that has the same actuarial present value as the Participant's
form of benefit, computed using the interest rate and the mortality table (or other tabular
factor) specified in the Plan for adjusting benefits in the same form;
(b) The annual amount of the straight life annuity commencing at the
same annuity starting date that has the same actuarial present value as the Participant's
form of benefit, computed using a 5.5 percent interest rate assumption and the applicable
mortality table for the distribution under Regulations Section 1.417(e)- 1(d)(2)
(determined in accordance with Section 10.2(a)(2)(v) for Plan Years after the effective
date specified below); and
(c) The annual amount of the straight life annuity commencing at the
same annuity starting date that has the same actuarial present value as the Participant's
form of benefit, computed using the applicable interest rate for the distribution under
Regulations Section 1.417(e)- 1(d)(3) (determined in accordance with Section
10.2(a)(2)(v) for Plan Years on or after January 1, 2008 and the applicable mortality table
for the distribution under Regulations Section 1.417(e) -1 (d)(2) (determined in accordance
with Section 10.2(a)(2)(v) for Plan Years after the effective date specified below),
divided by 1.05.
The effective date of the applicable mortality table above is for years beginning after
December 31, 2008.
X -3
(ii) Annuity Starting Date in Plan Years Beginning in 2004 or 2005. if the
annuity starting date of the Participant's form of benefit is in a Plan Year beginning in 2004 or
2005, the actuarially equivalent straight life annuity is equal to the annual amount of the straight
life annuity commencing at the same annuity starting date that has the same actuarial present
value as the Participant's form of benefit, computed using whichever of the following produces
the greater annual amount: (1) the interest rate specified in Section 2.1(b) of the Plan and the
mortality table (or other tabular factor) specified in Section 2.1(b) of the Plan for adjusting
benefits in the same form; and (II) a 5.5 percent interest rate assumption and the applicable
mortality table for the distribution under Treas. Reg. Section 1.417(e)- 1(d)(2).
However, this Section does not supersede any prior election to apply the transition rule of section
101(d)(3) of PFEA as described in Notice 2004 -78.
(iii) Annuity Starting Date in small plans for Plan Years Beginning in
2009 and later. If the annuity starting date of the Participant's form of benefit is in a Plan Year
beginning in or after 2009, and if the Plan is maintained by an eligible employer as defined Code
Section 408(p)(2)(C)(i), the actuarially equivalent straight life annuity is equal to the annual
amount of the straight life annuity commencing at the same annuity starting date that has the
same actuarial present value as the Participant's form of benefit, computed using whichever of
the following produces the greater annual amount:
(a) The interest rate and the mortality table (or other tabular factor)
specified in the Plan for adjusting benefits in the same form; and
(b) A 5.5 percent interest rate assumption and the applicable mortality
table described in Section 10.2(a)(2)(iv).
(iv) Definition of "Applicable Mortality Table." Effective for annuity
starting dates in a Plan Year beginning on or after January 1, 2008, for purposes of this Article,
the "applicable mortality table" means the applicable mortality table within the meaning of Code
Section 417(e)(3)(B) as described in Revenue Ruling 2007 -67.
(v) Applicable interest rate. For purposes of the Plan's provisions relating
to the calculation of the present value of a benefit payment that is subject to Code Section 417(e),
as well as any other Plan provision referring directly or indirectly to the "applicable interest rate"
or "applicable mortality table" used for purposes of Code Section 417(e), any provision
prescribing the use of the annual rate of interest on 30 -year U.S. Treasury securities shall be
implemented by instead using the rate of interest determined by applicable interest rate described
by Code Section 417(e) after its amendment by PPA. Specifically, the applicable interest rate
shall be the adjusted first, second, and third segment rates applied under the rules similar to the
rules of Code Section 430(h)(2)(C) for the calendar month (lookback month) before the first day
of the Plan Year in which the annuity starting date occurs (stability period). For this purpose, the
first, second, and third segment rates are the first, second, and third segment rates which would
be determined under Code Section 430(h)(2)(C) if-
X-4
(a) Code Section 430(h)(2)(D) were applied by substituting the
average yields for the month described in the preceding paragraph for the average yields
for the 24 -month period described in such section, and
(b) Code Section 430(h)(2)(G)(i)(Il) were applied by substituting
"Section 417(e)(3)(A)(ii)(II) for "Section 412(b)(5)(B)(ii)(II)," and
(c) The applicable percentage under Code Section 430(h)(2)(G) is
treated as being 20% in 2008, 40% in 2009, 60% in 2010, and 80% in 2011.
(b) Compensation: Compensation is defined as wages, salaries, and fees for
professional services and other amounts received (without regard to whether or not an amount is
paid in cash) for personal services actually rendered in the course of employment with the
employer maintaining the Plan to the extent that the amounts are includible in gross income
(including, but not limited to, commissions paid salespersons, compensation for services on the
basis of a percentage of profits, commissions on insurance premiums, tips, bonuses, fringe
benefits, and reimbursements, or other expense allowances under a nonaccountable plan (as
described in Treas. Reg. Section § 1.62 -2(c), and excluding the following:
(i) Employer contributions (other than elective contributions described in
Code Sections 402(e)(3), 408(k)(6), 408(p)(2)(A)(i), or 457(b)) to a plan of deferred
compensation (including a simplified employee pension_ described in Code Section 408(k) or a
simple retirement account described in Code Section 408(p), and whether or not qualified) to the
extent such contributions are not includible in the employee's gross income for the taxable year
in which contributed, and any distributions (whether or not includible in gross income when
distributed) from a plan of deferred compensation (whether or not qualified);
(ii) Amounts realized from the exercise of a nonstatutory stock option (that is,
an option other than a statutory stock option as defined in Tress. Reg. Section 1.421- 1(b)), or
when restricted stock (or property) held by the employee either becomes freely transferable or is
no longer subject to a substantial risk of forfeiture:
(iii) Amounts realized from the sale, exchange or other disposition of stock
acquired under a statutory stock option;
(iv) Other amounts that receive special tax benefits, such as premiums for
group -term life insurance (but only to the extent that the premiums are not includible in the gross
income of the employee and are not salary reduction amounts that are described in Code Section
125);
(v) Other items of remuneration that are similar to any of the items listed in (i)
through (iv).
For Limitation Years beginning more than 90 days after the close of the first regular legislative
session of the legislative body with authority to amend the Plan that begins on or after July 1,
2007, compensation for a Limitation Year shall also include compensation paid by the later of
2%z months after an employee's severance from employment with the employer maintaining the
Plan or the end of the Limitation Year that includes the date of the employee's severance from
X -5
employment with the employer maintaining the Plan, if the payment is regular compensation for
services during the employee's regular working hours, or compensation for services outside the
employee's regular working hours (such as overtime or shift differential), commissions, bonuses,
or other similar payments, and, absent a severance from employment, the payments would have
been paid to the employee while the employee continued in employment with the employer.
Any payments not described above shall not be considered compensation if paid after severance
from employment, even if they are paid by the later of 2%i months after the date of severance
from employment or the end of the Limitation Year that includes the date of severance from
employment, except, payments to an individual who does not currently perform services for the
employer by reason of qualified military service (within the meaning of Code Section 414(u)(1))
to the extent these payments do not exceed the amounts the individual would have received if the
individual had continued to perform services for the employer rather than entering qualified
military service.
Back pay, within the meaning of Treas. Reg. Section 1.415(c)- 2(g)(8), shall be treated as
compensation for the Limitation Year to which the back pay relates to the extent the back pay
represents wages and compensation that would otherwise be included under this definition.
For Limitation Years beginning after December 31, 1997, or Compensation paid or made
available during such Limitation Year shall include amounts that would otherwise be included in
compensation but for an election under Code Sections 125(a), 402(e)(3), 402(h)(1)(B), 402(k), or
457(b).
For Limitation Years beginning after December 31, 2000, Compensation shall also include any
elective amounts that are not includible in the gross income of the employee by reason of Code
Section 132(f)(4).
For Limitation Years beginning after December 31, 2001, Compensation shall also include
deemed Code Section 125 Compensation. Deemed Code Section 125 compensation is an
amount that is excludable under Code Section 106 that is not available to a Participant in cash in
lieu of group health coverage under a Code Section 125 arrangement solely because the
Participant is unable to certify that he or she has other health coverage. Amounts are deemed
Code Section 125 compensation only if the employer does not request or otherwise collect
information regarding the Participant's other health coverage as part of the enrollment process
for the health plan.
(c) Defined Benefit Dollar Limitation: Effective for Limitation Years ending after
December 31, 2001, the Defined Benefit Dollar Limitation is $160,000, automatically adjusted
under Code Section 415(d) for increases in the cost -of- living, effective January 1 of each year, as
published in the Internal Revenue Bulletin, and payable in the form of a straight life annuity.
The new limitation shall apply to Limitation Years ending with or within the calendar year of the
date of the adjustment, but a Participant's benefits shall not reflect the adjusted limit prior to
January 1 of that calendar year.
(d) Employer: For purposes of this Article, employer shall mean the employer that
adopts this plan, and all members of a controlled group of corporations, as defined in Code
Section 414(b), as modified by Code Section 415(h)), all commonly controlled trades or
M.
businesses (as defined in Code Section 414(c), as modified, except in the case of a brother - sister
group of trades or businesses under common control, by Code Section 415(h)), or affiliated
service groups (as defined in Code Section 414(m)) of which the adopting employer is a part,
and any other entity required to be aggregated with the employer pursuant to Code Section
414(o).
(e) Formerly Affiliated Plan of the Employer: A plan that, immediately prior to
the cessation of affiliation, was actually maintained by the employer and, immediately after the
cessation of affiliation, is not actually maintained by the employer. For this purpose, cessation of
affiliation means the event that causes an entity to no longer be considered the employer, such as
the sale of a member controlled group of corporations, as defined in Code Section 414(b), as
modified by Code Section 415(h), to an unrelated corporation, or that causes a plan to not
actually be maintained by the employer, such as transfer of plan sponsorship outside a controlled
group.
(f) Limitation Year: The Plan Year: All qualified plans maintained by the
employer must use the same Limitation Year. If the Limitation Year is amended to a different
12- consecutive month period, the new Limitation Year must begin on a date within the
Limitation Year in which the amendment is made.
(g) Maximum Permissible Benefit: The Defined Benefit Dollar Limitation
(adjusted where required, as provided below).
(1) Adjustment for Less Than 10 Years of Participation or Service: If the
Participant has less than 10 years of participation with the Employer, the Defined Benefit Dollar
Limitation shall be multiplied by a fraction -- (i) the numerator of which is the number of Years
(or part thereof, but not less than one year) of Participation in the Plan, and (ii) the denominator
of which is 10.
(2) Adjustment of Defined - Benefit- Dollar Limitation for Benefit
Commencement Before Age 62 or after Age 65: Effective for benefits commencing in
Limitation Years ending after December 31, 2001, the Defined Benefit Dollar Limitation shall be
adjusted if the annuity starting date of the Participant's benefit is before age 62 or after age 65.
If the annuity starting date is before age 62, the Defined Benefit Dollar Limitation shall be
adjusted under Subsection (g)(2)(i), as modified by (g)(2)(iii). If the annuity starting date is after
age 65, the Defined Benefit Dollar Limitation shall be adjusted under Subsection (g)(2)(ii), as
modified by, Subsection (g)(2)(iii),
(i) Adjustment of Defined Benefit Dollar Limitation for Benefit
Commencement Before Age 62.
I. Limitation Years Beginning Before July 1, 2007. If the annuity
starting date for the Participant's benefit is prior to age 62 and occurs in a Limitation Year
beginning before July 1, 2007, the Defined Benefit Dollar Limitation for the Participant's
annuity starting date is the annual amount of a benefit payable in the form of a straight life
annuity commencing at the Participant's annuity starting date that is the actuarial equivalent of
the Defined Benefit Dollar Limitation (adjusted under Subsection (g)(1) above for years of
participation less than 10, if required) with actuarial equivalence computed using whichever of
X -7
the following produces the smaller annual amount: (1) the interest rate specified in Section
2.1(b) of the Plan and the mortality table (or other tabular factor) specified in Section 2.1(b) of
the Plan; or (2) a 5- percent interest rate assumption and the applicable mortality table as defined
in Section 2.1(b) of the Plan.
II. Limitation Years Beginning on or After July 1, 2007.
A. Plan Does Not Have Immediately Commencing Straight
Life Annuity Payable at Both Age 62 and the Age of Benefit Commencement. If the annuity
starting date for the Participant's benefit is prior to age 62 and occurs in a Limitation Year
beginning on or after July 1, 2007, and the Plan does not have an immediately commencing
straight life annuity payable at both age 62 and the age of benefit commencement, the Defined
Benefit Dollar Limitation for the Participant's annuity starting date is the annual amount of a
benefit payable in the form of a straight life annuity commencing at the Participant's annuity
starting date that is the actuarial equivalent of the Defined Benefit Dollar Limitation (adjusted
under Section 10.2(g)(1) for years of participation less than 10, if required) with actuarial
equivalence computed using a 5 percent interest rate assumption and the applicable mortality
table for the annuity starting date as defined in Section 2.1(b) of the Plan (and expressing the
Participant's age based on completed calendar months as of the annuity starting date).
B. Plan Has Immediately Commencing Straight Life Annuity
Payable at Both Age 62 and the Age of Benefit Commencement. If the annuity starting date for
the Participant's benefit is prior to age 62 and occurs in a Limitation Year beginning on or after
July I, 2007, and the Plan has an immediately commencing straight life annuity payable at both
age 62 and the age of benefit commencement, the Defined Benefit Dollar Limitation for the
Participant's annuity starting date is the lesser of the limitation determined under Section
10.2(g)(2)(i)(II)(A), and the Defined Benefit Dollar Limitation (adjusted under Section
10.2(g)(1) for years of participation less than 10, if required) multiplied by the ratio of the annual
amount of the immediately commencing straight life annuity under the Plan at the Participant's
annuity starting date to the annual amount of the immediately commencing straight life annuity
under the Plan at age 62, both determined without applying the limitations of this Article.
(ii) Adjustment of Defined Benefit Dollar Limitation for Benefit
Commencement After Age 65:
I. Limitation Years Beginning Before July 1, 2007. If the annuity
starting date for the Participant's benefit is after age 65 and occurs in a Limitation Year
beginning before July 1, 2007, the Defined Benefit Dollar Limitation for the Participant's
annuity starting date is the annual amount of a benefit payable in the form of a straight life
annuity commencing at the Participant's annuity starting date that is the actuarial equivalent of
the Defined Benefit Dollar Limitation (adjusted under subsection (g)(1) above for years of
participation less than 10, if required) with actuarial equivalence computed using whichever of
the following produces the smaller annual amount: (1) the - interest rate specified in Section
2.1(b) of the Plan and the mortality table (or other tabular factor) specified in Section 2.1(b) of
the Plan; or (2) a 5- percent interest rate assumption and the applicable mortality table as defined
in Section 2.1(b) of the Plan.
X -8
II. Limitation Years Beginning On or After July 1, 2007.
A. Plan Does Not Have Immediately Commencing Straight Life Annuity Payable at
Both Age 65 and the Age of Benefit Commencement. If the annuity starting date for the
Participant's benefit is after age 65 and occurs in a Limitation Year beginning on or after July 1,
2007, and the Plan does not have an immediately commencing straight life annuity payable at
both age 65 and the age of benefit commencement, the Defined Benefit Dollar Limitation at the
Participant's annuity starting date is the annual amount of a benefit payable in the form of a
straight life annuity commencing at the Participant's annuity starting date that is the actuarial
equivalent of the Defined Benefit Dollar Limitation (adjusted under Subsection (g)(1) for years
of participation less than 10, if required), with actuarial equivalence computed using a 5 percent
interest rate assumption and the applicable mortality table for that annuity starting date as
defined in Section 2.1(b) of the Plan (and expressing the Participant's age based on completed
calendar months as of the annuity starting date).
B. Plan Has Immediately Commencing Straight Life Annuity Payable at Both Age
65 and the Age of Benefit Commencement. If the annuity starting date for the Participant's
benefit is after age 65 and occurs in a Limitation Year beginning on or after July 1, 2007, and the
Plan has an immediately commencing straight life annuity payable at both age 65 and the age of
benefit commencement, the Defined Benefit Dollar Limitation at the Participant's annuity
starting date is the lesser of the limitation determined under Subsection (g)(2)(ii)II.A., and the
Defined Benefit Dollar Limitation (adjusted under Subsection (g)(1) for years of participation
less than 10, if required) multiplied by the ratio of the annual amount of the adjusted
immediately commencing straight life annuity under the Plan at age 65, both determined without
applying the limitations of this Article. For this purpose, the adjusted immediately commencing
straight life annuity under the Plan at the Participant's annuity starting date is the annual amount
of such annuity payable to the Participant, computed disregarding the Participant's accruals after
sixty -five (65) years of age but including actuarial adjustments even if those actuarial
adjustments are used to offset accruals; and the adjusted immediately commencing straight life
annuity under the Plan at sixty -five (65) years of age is the annual amount of such annuity that
would be payable under the Plan to a hypothetical member who is sixty -five (65) years of age
and has the same accrued benefit as the Participant.
(iii) Notwithstanding the other requirements of this Subsection (g)(2), in
adjusting the Defined Benefit Dollar Limitation for the Participant's annuity starting date under
Subsections (g)(2)(i)I. and (g)(2)(i)II.A., (g)(2)(ii)I., (g)(2)(ii)II.A., no adjustment shall be made
to the Defined Benefit Dollar Limitation to reflect the probability of a Participant's death
between the annuity starting date and age 62, or between age 65 and the annuity starting date, as
applicable, if benefits are not forfeited upon the death of the Participant prior to the annuity
starting date. To the extent benefits are forfeited upon death before the annuity starting date,
such an adjustment shall be made. For this purpose, no forfeiture shall be treated as occurring
upon the Participant's death if the Plan does not charge Participants for providing a qualified
preretirement survivor annuity, as defined in Code Section 417(c), upon the Participant's death.
(iv) Notwithstanding any other provision to the contrary, for limitation years
beginning on or after January 1, 1997, if payment begins before the Participant reaches sixty -two
X -9
(62) years of age, the reductions in the limitations in this subsection shall not apply to a
Participant who is a "qualified participant" as defined in Section 415(b)(2)(H) of the Code.
(3) Minimum benefit permitted: Notwithstanding anything else in this section to the
contrary, the benefit otherwise accrued or payable to a Participant under this plan shall be
deemed not to exceed the Maximum Permissible Benefit if:
(i) the retirement benefits payable for a Limitation Year under any form of
benefit with respect to such Participant under this plan and under all other defined benefit plans
(without regard to whether a plan has been terminated) ever maintained by the employer do not
exceed $10,000 multiplied by a fraction — (1) the numerator of which is the Participant's
number of Years (or part thereof, but not less than one year) of Service (not to exceed 10) with
the employer, and (I1) the denominator of which is 10; and
(ii) the employer (or a predecessor employer) has not at any time maintained a
defined contribution plan in which the Participant participated (for this purpose, mandatory
employee contributions under a defined benefit plan, individual medical accounts under Code
Section 401(h), and accounts for postretirement medical benefits established under Code Section
419A(d)(1) are not considered a separate defined contribution plan).
(4) For limitation years beginning on or after January 1, 1995, subsection (g)(1) of
this Section, subsection (g)(1)(i) of this Section, and the proration provided under subsection
(g)(3)(i) of this Section, shall not apply to a benefit paid under the Plan as a result of the
Participant becoming disabled by reason of personal inquiries or sickness or amounts received by
the beneficiaries, survivors or estate of the Participant as a result of the death of the Participant.
(5) Effective for years beginning after December 31, 1997, if a member repays to the
Plan any amounts received because of the Participant's prior termination pursuant to Section
10.11 of this Plan, such repayment shall not be taken into account for purposes of Section 415 of
the Code pursuant to Code Section 415(k)(3).
(6) For distributions made in limitation years beginning on or after January 1, 2000,
the combined limit of repealed Code Section 415(e) shall not apply.
10.3 Predecessor Employer: If the employer maintains a plan that provides a benefit which
the Participant accrued while performing services for a former employer, the former employer is
a predecessor employer with respect to the Participant in the Plan. A former entity that antedates
the employer is also a predecessor employer with respect to a Participant if, under the facts and
circumstances, the employer constitutes a continuation of all or a portion of the trade or business
of the former entity.
10.4 Severance from Employment: An employee has a severance from employment when
the employee ceases to be an employee of the employer maintaining the Plan. An employee
does not have a severance from employment if, in connection with a change of employment, the
employee's new employer maintains the Plan with respect to the employee.
10.5 Year of Participation: The Participant shall be credited with a Year of Participation
(computed to fractional parts of a year) for each accrual computation period for which the
►.m
following conditions are met: (1) the Participant is credited with at least the number of hours of
service (or period of service if the elapsed time method is used) for benefit accrual purposes,
required under the terms of the Plan in order to accrue a benefit for the accrual computation
period, and (2) the Participant is included as a Participant under the eligibility provisions of the
Plan for at least one day of the accrual computation period. If these two conditions are met, the
portion of a year of participation credited to the Participant shall equal the amount of benefit
accrual service credited to the Participant for such accrual computation period. A Participant
who is permanently and totally disabled within the moaning of Code Section 415(c)(3)(C)(i) for
an accrual computation period shall receive a Year of Participation with respect to that period.
In addition, for a Participant to receive a Year of Participation (or part thereof) for an accrual
computation period, the Plan must be established no later that the last day of such accrual
computation period. In no event shall more than one Year of Participation be credited for any
12 -month period.
10.6 Year of Service: For purposes of Section 10.2(g), the Participant shall be credited with a
Year of Service (computed to fractional parts of a year) for each accrual computation period for
which the Participant is credited with at least the number of hours of service (or period of service
if the elapsed time method is used) for benefit accrual purposes, required under the terms of the
Plan in order to accrue a benefit for the accrual computation period, taking into account only
service with the employer or a predecessor employer.
10.7 Other Rules:
(a) Benefits Under Terminated Plans: If a defined benefit plan maintained by the
employer has terminated with sufficient assets for the payment of benefit liabilities of all plan
Participants and a Participant in the Plan has not yet commenced benefits under the Plan, the
benefits provided pursuant to the annuities purchased to provide the Participant's benefits under
the terminated plan at each possible annuity starting date shall be taken into account in applying
the limitations of this Article. If there are not sufficient assets for the payment of all
Participants' benefit liabilities, the benefits taken into account shall be the benefits that are
actually provided to the Participant under the terminated plan.
(b) Benefits Transferred From the Plan: If a Participant's benefits under a defined
benefit plan maintained by the employer are transferred to another defined benefit plan
maintained by the employer and the transfer is not a transfer of distributable benefits pursuant
Treas. Reg. Section 1.411(d) -4, Q &A -3(c), the transferred benefits are not treated as being
provided under the transferor plan (but are taken into account as benefits provided under the
transferee plan). If a Participant's benefits under a defined benefit plan maintained lay the
employer are transferred to another defined benefit plan that is not maintained by the employer
and the transfer is not a transfer of distributable benefits pursuant to Treas. Reg. Section
1.411(d) -4, Q &A -3(c), the transferred benefits are treated by the employer's plan as if such
benefits were provided under annuities purchased to provide benefits under a plan maintained by
the employer that terminated immediately prior to the transfer with sufficient assets to pay all
Participants' benefit liabilities under the Plan. If a Participant's benefits under a defined benefit
plan maintained by the employer are transferred to another defined benefit plan in a transfer of
distributable benefits pursuant Treas. Reg. Section 1.411(d) -4, Q &A -3(c), the amount transferred
is treated as a benefit paid from the transferor plan.
X -11
(c) Formerly Affiliated Plans of the Employer: A formerly affiliated plan of an
employer shall be treated as a plan maintained by the employer, but the formerly affiliated plan
shall be treated as if it had terminated immediately prior to the cessation of affiliation with
sufficient assets to pay Participants' benefit liabilities under the Plan and had purchased annuities
to provide benefits.
(d) Plans of a Predecessor Employer: If the employer maintains a defined benefit
plan that provides benefits accrued by a Participant while performing services for a predecessor
employer, the Participant's benefits under a plan maintained by the predecessor employer shall
be treated as provided under a plan maintained by the employer. However, for this purpose, the
Plan of the predecessor employer shall be treated as if it had terminated immediately prior to the
event giving rise to the predecessor employer relationship with sufficient assets to pay
Participants' benefit liabilities under the Plan, and had purchased annuities to provide benefits;
the employer and the predecessor employer shall be treated as if they were a single employer
immediately prior to such event and as unrelated employers immediately after the event; and if
the event giving rise to the predecessor relationship is a benefit transfer, the transferred benefits
shall be excluded in determining the benefits provide under the Plan of the predecessor
employer.
(e) Special Rules: The limitations of this Article shall be determined and applied
taking into account the rules in Treas. Reg. Section 1.415(f)-I(d), (e) and (h).
(f) Aggregation with Multiemployer Plans:
(i) If the employer maintains a multiemployer plan, as defined in Code
Section 414(f), and the multiemployer plan so provides, only the benefits under the
multiemployer plan that are provided by the employer shall be treated as benefits provided under
a plan maintained by the employer for purposes of this Article.
10.8 Participant Limitation Applicable to Deferred Contribution Option: If the Defined
Contribution Option is elected in Section 12 of the Joinder Agreement the maximum permissible
amount which may be contributed or allocated to or made with respect to any Participant which
amount shall be the lesser of:
(1) $40,000, as adjusted for cost -of- living under Code Section 415(d)
(the "Defined Contribution Dollar Limitation "), or
(2) 100% of the Participant's Actual Compensation for the Limitation
Year.
Notwithstanding any provision of the Plan to the contrary, if the annual additions (within the
meaning of Code §415) are exceeded for any participant, then the Plan may only correct such
excess in accordance with the Employee Plans Compliance Resolution System (EPCRS) as set
forth in Revenue Procedure 2006 -27 or any superseding guidance, including, but not limited to,
the preamble of the final §415 regulations.
X -12
10.9 Re- employment of Former Employees: If a Participant's employment is terminated
before he is eligible for a Pension and the Participant is subsequently re- employed by the
Employer, the Participant shall only receive credit for his previous period of employment if he
did not receive a distribution of Contribution Accumulation, except as otherwise provided under
Article Vlll,- Employment Transfers. Such an Participant not so entitled to credit for such
previous period of employment shall be treated in the same manner as a person who was not
previously in the employment of any Municipality.
If a Participant's employment is terminated before he is eligible for a Pension, the Plan provided
for the Non - Contribution Option on or before such termination, and the Participant is
subsequently re- employed by the Employer, then the Participant will be entitled to credit for
such prior Service for benefit accrual purposes, but not for vesting purposes.
10.10 Re- employment of Retired Participants:
(a) Deferred Vested Retired Participant: If a former Participant retired under this Plan is
re- employed by the Employer, and again becomes an Employee under the Plan, no
Pension payments shall be made during the period of such re- employment. Upon the
subsequent termination of such Employee's employment, the Employee shall be entitled
to receive a Pension the amount of which is computed on the basis of the Plan's benefit
formula and the Employee's Compensation and Service with the Employer during the
period of his re- employment; provided, however, if the Plan's benefit formula was
reduced during his absence, the Employee shall instead be entitled to receive a Pension
the amount of which is computed on the basis of his Compensation and Service with the
Employer prior to the date of his previous retirement, as well as his Compensation and
Service with the Employer during the period of his reemployment.
(b) Retired Participants in Pay Status: In the case of re- employment of a retired
Participant who received any Pension payments prior to his re- employment, the Pension
payable upon his subsequent Retirement shall be equal to the sum of (i) and (ii), as
follows:
(i) the same amount he had been receiving for his prior Retirement, adjusted for any
applicable cost -of- living adjustments, payable under the same form of annuity
elected for his prior Retirement. If the amount was originally paid early, its new
early reduction shall be recalculated to exclude the months of re- employment with
no payments. Only re- employment months prior to the Participant's Normal
Retirement Date would be excluded.
(ii) an amount determined solely for his Compensation and Service with the
Employer after re- employment, payable in the form elected under Article V, VI or
VII. The Participant does not have to select the same form of payment as for
Subsection (i).
10.11 Buyback of Service: If the Employer elects in the Joinder Agreement, then
notwithstanding anything to the contrary herein, a Participant who terminates employment with
the Employer and receives distribution of his Contribution Accumulation may be recredited with
X -13
his service if he repays his Contribution Accumulation with the interest that would have accrued
on such amount under the terms of the Plan.
10.12 Loss of Benefits: [Reserved]
10.13 Loss of Benefits for Cause: [Reserved]
X -14
ARTICLE XI.
Guarantees and Liabilities
11.1 Non - Guarantee of Employment: Nothing contained in this Plan shall be construed as a
contract of employment between the Employer and any Employee, or as a right of any Employee
to be contained in the employment of the Employer, or as a limitation of the right of the
Employer to discharge any of its Employees, with or without cause.
11.2 Rights to Fund Assets: No Participant shall have any right to, or interest in, any assets
of the Fund upon termination of his employment or otherwise, except as provided from time to
time under this Plan, and then only to the extent of the benefits payable to such Participant out of
the assets of the Fund. All payments of benefits as provided for in this Plan shall be made solely
out of the assets of the Fund and neither the Employer, the Trust Service Provider, the
Authorized Agent, nor any individual Trustee shall be liable in any manner.
11.3 Non - Alienation of Benefits: The Fund shall be exempt from legal process and no order
may be made to hold, seize, garnishee, or attach payments to any person. Except as duly
required under applicable law (including any domestic relations order) benefits payable under
this Plan shall not be subject in any manner to anticipation, alienation, sale, transfer, assignment,
pledge, encumbrance, charge, garnishment, execution, or levy of any kind, either voluntary or
involuntary, including any liability for alimony or other payments for property settlement or
support of a spouse or former spouse, or for any other relative of the Participant, but excluding
devolution by death or mental incompetency, prior to being received by the person entitled to the
benefit under the terms of the Plan. Except as may be duly required under applicable law, the
Fund shall not in any manner be liable for, or subject to, the debts, contracts, liabilities,
engagements, or torts of any person entitled to benefits hereunder and none of the unpaid Plan
benefits or Trust assets shall be considered an asset of the Participant in the event of his divorce,
insolvency, or bankruptcy.
11.4 Disclaimer of Liability: Neither the Employer, the Trust Service Provider, the
Authorized Agent, the Trustees, nor any individual Trustee guarantees the Fund in any manner
against loss or depreciation, and they shall not be liable for any act, or failure to act, which is
made in good faith pursuant to the provisions of the Plan. The Employer shall not be responsible
for any act, or failure to act, of the Trustees or the Trust Service Provider. The Trustees shall not
be responsible for any act, or failure to act, of the Employer or the Authorized Agent.
11.5 Indemnification of Trustees: The Trustees shall be indemnified from the assets of the
Fund against any and all liabilities arising by reason of any act, or failure to act, made in good
faith pursuant to the provisions of the Plan, including expenses reasonably incurred in the
defense of any claim relating thereto.
11.6 Payments Under a Qualified Domestic Relations Order:
(a) General: The Municipality shall follow the terms of any "Qualified Domestic
Relations Order" as defined in Subsection (b) below issued with respect to a Participant where such
Qualified Domestic Relations Order grants to an "Alternate Payee" rights in the benefit of the
Participant.
XI -1
(b) The term "Qualified Domestic Relations Order" means an order issued by the
District Court of the State of Oklahoma pursuant to the domestic relations laws of the State of
Oklahoma which relates to the provision of marital property rights to a spouse or former spouse of a
Participant and which creates or recognizes the existence of an Alternate Payee's right to, or assigns
to an Alternate Payee the right to receive a portion of the benefits payable with respect to a
Participant of the Plan.
(c) To qualify as an Alternate Payee, a spouse or former spouse must have been married
to the Participant for a period of not less than thirty (30) continuous months immediately preceding
the commencement of the proceedings from which the Qualified Domestic Relations Order issues.
(d) A Qualified Domestic Relations Order is valid and binding on the Trustees and the
Participant only if it meets the requirements of this Section.
(e) A Qualified Domestic Relations Order shall clearly specify:
(I) the name, social security number, and last -known mailing address (if any) of
the Participant, and the name and mailing address of the alternative payee covered by the order;
(2) the amount or percentage of the Participant's benefits to be paid by the Plan
to the Alternate Payee;
(3) the characterization of the benefit as to marital property rights, and whether
the benefit ceases upon the death or remarriage of the Alternate Payee; and,
(4) each plan to which such order applies.
(f) A Qualified Domestic Relations Order meets the requirements of this Section only
if such order:
(1) does not require the Plan to provide any type or form of benefit, or any
option not otherwise provided under the Plan;
(2) does not require the Plan to provide increased benefits; and,
(3) does not require the payment of benefits to an Alternate Payee which are
required to be paid to another Alternate Payee pursuant to another order previously determined to be
a Qualified Domestic Relations Order, or an order recognized by the Plan as a valid order prior to
the effective date of the Plan.
(g) A Qualified Domestic Relations Order shall not require payment of benefits to an
Alternate Payee prior to the actual retirement date or withdrawal of the related Participant.
(h) The obligation of the Plan to pay an Alternate Payee pursuant to a Qualified
Domestic Relations Order shall cease upon the death of the Participant.
(i) In the event a Qualified Domestic Relations Order requires the benefits payable to
an Alternate Payee to terminate upon the remarriage of said Alternate Payee, the Plan shall
XI -2
terminate said benefit only upon the receipt of a certified copy of a marriage license, or a copy of
a certified order issued by the Court that originally issued said Qualified Domestic Relations
Order declaring the remarriage of said Alternate Payee.
0) This Section of the Plan shall not be subject to the provisions of the Employee
Retirement Income Security Act of 1974 (ERISA), 29 U.S.C.A. Section 1001, et seq., as
amended from time to time, or rules and regulations promulgated thereunder, and court cases
interpreting said Act.
(k) The Board of Trustees of the Oklahoma Municipal Retirement Fund shall
promulgate such rules as are necessary to implement the provisions of this Section.
(1) Effective on or after April 6, 2007, a domestic relations order that otherwise
satisfies the requirements for a QDRO will not fail to be a QDRO: (i) solely because the order is
issued after, or revises, another domestic relations order or QDRO; or (ii) solely because of the
time at which the order is issued, including issuance after the annuity starting date.
(m) An Alternate Payee who has acquired beneficiary rights pursuant to a valid
Qualified Domestic Relations Order must fully comply with all provisions of the rules
promulgated by the Trustees pursuant to this Section in order to continue receiving his or her
benefits.
(n) Nothing in this Section shall grant a spouse or former spouse of a Participant any
property rights in the benefits of any Participant except as specifically authorized for Qualified
Domestic Relations Orders, and no spousal consent shall be required for a Participant to elect or
change elections pertaining to a benefit payable under this Plan.
Xl -3
ARTICLE XII.
Amendments
12.1 Right to Amend: The Employer shall have the right to make from time to time any
amendment or amendments to this Plan, in whole or in part, which do not permit reversion of
any part of the Fund to the Employer except as provided in Section 13.2 and which do not cause
any part of the Fund to be used for, or diverted to, any purpose other than the exclusive benefit of
Participants included in the Plan. Any amendments to this Plan, in whole or in part, may be
made from time to time by the Employer by ordinance in the same manner as by this original
adoption ordinance, but no such amendatory action shall exceed the power and authority granted
to the Employer under the laws of the State of Oklahoma.
12.2 Amendments: Each Employer agrees to adopt any amendments to this Plan which are
necessary for an initial or continued determination that the Plan is a qualified, tax exempt plan
under Sections 401(a) and 501(a) of the Code. Any such amendments will be an amendment of
the Employer's separate Plan if approved by the Trustee: The Employer may amend its separate
Plan in any respect and at any time, subject to the limitations of the Plan, by amendment of or
addition to the Joinder Agreement. However, the Oklahoma Municipal Retirement Fund
reserves the right to approve all Employer amendments.
12.3 Authority of Volume Submitter Practitioner to Amend for Adopting Employers:
The Volume Submitter Practitioner (the "Practitioner ") will amend the Plan on behalf of all
adopting employers, including those employers who have adopted the Plan prior to this amended
and restated Plan, for changes in the Code, regulations, revenue rulings, other statements
published by the Intemal Revenue Service, including model, sample or other required good faith
amendments, but only if their adoption will not cause the Plan to be individually designed, and
for corrections of prior approved plans. These amendments will be applied to all employers who
have adopted the Plan.
The Practitioner will no longer have the authority to amend the Plan on behalf of any adopting
employer as of either: (1) the date the Internal Revenue Service requires the employer to file
Form 5300 as an individually designed plan as a result of an employer amendment to the Plan to
incorporate a type of plan not allowable in the Volume Submitter program, as described in Rev.
Proc. 2011 -49, or (2) as of the date the Plan is otherwise considered an individually designed
plan due to the nature and extent of the amendments. If the Employer is required to obtain a
determination letter for any reason in order to maintain reliance on the advisory letter, the
Practitioner's authority to amend the Plan on behalf of the adopting employer is conditioned on
the Plan receiving a favorable determination letter.
The Practitioner will maintain, or have maintained on its behalf, a record of the employers that
have adopted the Plan, and the Practitioner will make reasonable and diligent efforts to ensure
that adopting employers have actually received and are aware of all Plan amendments and that
such employers adopt new documents when necessary. This Section supersedes other provisions
of the Plan to the extent those other provisions are inconsistent with this Section.
XII -1
ARTICLE XIII.
Termination
13.1 Right to Terminate: The Employer may at any time terminate the Plan by proper
ordinance and may direct and require the Trustees to liquidate the Fund. If the Employer shall
for any reason cease to exist, the Plan shall terminate and the Fund shall be liquidated, unless
continued by a successor.
13.2 Liquidation of Fund: Upon termination of the Plan or a permanent discontinuance of
Employer contributions, the assets of the Fund which have been allocated for the Participants,
and interests of the Participants therein as determined by the actuaries, shall be liquidated, after
provision is made for the expenses of liquidation, by the payment (or provision for the payment)
of benefits accrued prior to the date of termination in the following order of precedence:
(a) The Contribution Accumulation of each Participant or former Employee entitled
thereto under Article VIII, as of the date of such Plan termination, or earlier date of death or
Retirement, less other benefit payments, if any, previously received in each case by or on behalf
of each such Participant, former Employee, or other eligible Beneficiary. Any such withdrawals
on the part of such persons will reduce their interests in distributions under categories (b), (c), (d)
and (e) below, on a proportionate basis, as determined by the actuary. Any such person may
elect not to take such withdrawals, and have the value thereof included in the actuary's
determination of his distributions under categories (b), (c), (d) and (e) below.
(b) Pensions or other benefits in course of payment to retired Participants, and
Beneficiaries of deceased Participants and immediate Pensions for Employees or former
Employees entitled thereto under Article VIII, who have reached their Normal Retirement Dates
but have not retired.
(c) Pensions deferred to Normal Retirement Date for Participation who have qualified
for an Early Pension.
(d) Pensions deferred to Normal Retirement Date for Participants who have qualified
for a Deferred Vested Pension.
If the funds available in any of categories (b), (c), or (d) are determined to be insufficient
to provide all such benefits the funds and benefits shall be apportioned among the various
persons, first in category (b), next in category (c), and next in category (d), in the same
proportion as each person's accrued credits bears to the accrued credits of all persons in each
such category on an Actuarial Equivalent basis as determined by the actuary.
(e) If the cost of providing for the benefits, first in category (b), next in category (c),
and next in category (d) is determined to be less than the total funds available, the balance will
revert to the Employer.
The benefit any such Participant is entitled to receive under this Plan shall be based on
the Participant's Compensation and Service accrued with the Employer prior to the date of
XIII -1
termination of the Plan, and his right to such benefit shall be considered as vested to the extent
funded, regardless of his age and years of Service on the date of termination of the Plan.
13.3 Manner of Distribution: Any distribution after termination of the Plan or permanent
discontinuance of Employer contributions, shall be made as soon as administratively feasible, at
such times and in such amounts so that no discrimination results, in cash, in securities or other
assets in kind (at fair market value), in continued direct payment Pensions, or in nontransferable
life insurance or annuity contracts, as the Committee in its discretion, shall determine. In making
such distribution, any and all determinations, divisions, appraisals, apportionments and
allotments so made shall be final and conclusive and not subject to question by any person.
13.4 Consolidation or Merger: Upon the Employer's liquidation, bankruptcy, insolvency,
sale, consolidation, or merger to or with another governmental unit in which such Employer is
not the surviving unit, the Plan and Fund will terminate and the Fund assets shall be held or
distributed as herein provided, unless the successor to the Employer assumes the duties and
responsibilities of the Employer by adopting this Plan, or by the establishment of a separate Plan
to which the Fund assets shall be transferred with the consent and agreement of the Employer.
13.5 Limitations: The order of priorities for distribution set forth above in Section 13.2, in
the event of termination of the Plan, shall be subject to (a) the limitations provided in Article X,
and (b) such distributions not being determined to be otherwise discriminatory by the
Commissioner of Internal Revenue. In the event such either the limitations under Article X
become effective or the Commissioner of Internal Revenue rules that the distributions are
otherwise discriminatory, adjustments shall be made in the said priorities and amounts of
distributions as may be necessary to satisfy the requirements of Article X or of the
Commissioner as the case may be.
XIII -2
ARTICLE XIV.
General
14.1 USERRA: Notwithstanding any provision of this Plan to the contrary, effective
December 12, 1994, contributions, benefits and service credit with respect to qualified military
service will be provided in accordance with Section 414(u) of the Code. A Participant returning
from military service shall not be entitled to catch -up on Pick -Up Contributions missed during
such military service.
14.2 Not Contract Between Employer and Participant: Neither the creation of this Plan,
nor any amendment to it, nor the creation of any fund, nor the payment of benefits hereunder
shall be construed as giving any legal or equitable right to any Participant against the Employer
or against the Oklahoma Municipal Retirement Fund, except as provided herein, and all
liabilities under this Plan shall be satisfied, if at all, only out of the Fund held by the Oklahoma
Municipal Retirement Fund. Participation in the Plan shall not give any Participant any right to
be retained in the employ of the Employer, and the Employer hereby expressly retains the right
to hire and discharge any Participant at any time with or without cause, as if this Plan had not
been adopted, and any such discharged Participant shall have only such rights or interests in the
Fund as may be specified herein.
14.3 Payment of Fees: The Employer shall pay a fee in an amount determined and revised
from time to time by the Oklahoma Municipal Retirement Fund.
14.4 Governing Law: The validity, construction and administration of this Plan shall be
determined under the laws of the State of Oklahoma.
14.5 Counterpart Execution: This Plan may be executed in two or more counterparts, as
may be all amendments thereto be executed, and any one of the executed copies shall be deemed
an original.
14.6 Severability: Every provision of this Agreement is intended to be severable. If any term
or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity
shall not affect the validity of the remainder of this Plan.
14.7 Number and Gender: Pronouns and other similar words used herein in the masculine
gender shall be read as the feminine gender where appropriate; pronouns and other similar words
used herein in the neuter gender shall be read as the masculine or feminine gender where
appropriate; and the singular form of words shall be read as the plural where appropriate.
14.8 Compensation and Expenses of Administration: If a Trustee, a member of Oklahoma
Municipal Retirement Fund, or a member of the Committee is an Employee of the Employer, he
shall serve without any additional compensation. The Employer may pay all or part of the
expenses of administration of the Plan, including the compensation and expenses of the Trustee,
and any other expenses incurred at the direction of the Oklahoma Municipal Retirement Fund,
including, without limitation, fees of actuaries, accountants, attorneys, investment managers,
investment advisors and other specialists, and any other costs of administering the Plan. To the
XIV -1
extent that any of such expenses are not paid by the Employer, such expenses shall be paid by
the Oklahoma Municipal Retirement Fund out of the Fund.
14.9 Incorporation of Trust Agreement: The provisions of the Trust Indenture Establishing
the Oklahoma Municipal Retirement Fund are incorporated into and made a part of this Plan.
14.10 Mistake of Fact: All contributions to the Plan are made subject to the correctness of the
amount. In the event a contribution is made to the Plan and Trust by the Employer under a
mistake of fact concerning the correctness of such contribution, then the Oklahoma Municipal
Retirement Fund shall return such portion of such contribution which is in excess of the amount
that would have been contributed had there not occurred a mistake of fact within one year after
the payment of the contribution to the Oklahoma Municipal Retirement Fund.
In the case of amounts returned pursuant to this Section 14. 10, no earnings attributable to
such amounts may be returned to the Employer, but losses attributable thereto shall reduce the
amount returned, and no such return shall reduce the balance of any Participant's Municipality
Contribution Accounts to less than the balance which would have been credited thereto had such
amount not been contributed.
XIV -2
WITNESS WHEREOF, and as conclusive evidence of the adoption of the foregoing
instrument comprising the Plan, the Oklahoma Municipal Retirement Fund has caused its
corporate seal to be affixed hereto and these presents to be duly executed in its name and behalf
by its proper officers thereunto authorized this l'l` -"day of A 6,-; k 20 i A.
STATE OF OKLAHOMA )
) ss.
COUNTY OF OKLAHOMA )
OKLAHOMA MUNICIPAL RETIREMENT FUND
By
BEFORE ME, the undersigned a Notary Public in and for said County and State, on this
2-1 day of ZpLj�, , personally appeareddTjy�6k-t�e-�(-) , to me
known to bete identical person who subscribed the name of the Oklahoma Municipal
Retirement Fund, a municipal corporation, to the foregoing instrument as its Chairperson and
acknowledged to me that he executed .the same as his free and voluntary act and deed and as the
free and voluntary act and deed of such corporation, for the uses and purposes therein set forth.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, the day and year last above
written.
Nota Public
�- -- -- - -- --- I r�1
'; Jo ��M,,{a�4WUREEN EWOrr My Commission Expires: Qtv . 0 � - -01'F)
Y S'g61 r Pubre
Conuntn on @ OkWwrna
L_ M05411 E%pl_fas aeM111a
The name, address and telephone number of the Volume Submitter Practitioner are: McAfee &
Tali A Professional Corporation, 101 Floor, Two Leadership Square, 211 N. Robinson,
Oklahoma City, OK 73102, telephone (405)552 -2231. Any inquiries by the adopting employer
regarding the adoption of the Plan, the meaning of Plan provisions, or the effect of the Internal
Revenue Service advisory letter on the volume submitter plan may be directed to the Volume
Submitter Practitioner.
APPENDIX I
The following pages contain the actuarial factors needed to determine Actuarially
Equivalent options under the Plan.
Oklahoma Municipal Retirement Fund
Appendix I
LUMP SUM FACTORS BASED ON 5 OR 10 YEAR CERTAIN & LIFE NORMAL FORM
5 Years Certain & Life
10 Years
Certain & Life
Age
Immediate
Deferred to 55
Immediate
Deferred to 55
Deferred to 65
20
13.52555
0.84093
13.53249
0.85197
0.33065
21
13.50397
0.90430
13.51132
0.91617
0.35556
22
13.48098
0.97246
13.48875
0.98522
0.38236
23
13.45645
1.04576
13.46471
1.05949
0.41119
24
13.43030
1.12462
13.43908
1.13938
0.44219
25
13.40243
1.20944
13.41178
1.22532
0.47554
26
13.37272
1.30068
13.38271
1.31776
0.51142
27
13.34108
1.39884
13.35177
1.41720
0.55002
28
13.30736
1.50444
13.31884
1.52419
0.59154
29
13.27147
1.61805
13.28379
1.63929
0.63621
30
13.23325
1.74029
13.24651
1.76313
0.68427
31
13.19259
1.87182
13.20686
1.89639
0.73599
32
13.14933
2.01337
13.16473
2.03980
0.79164
33
13.10332
2.16569
13.11998
2.19412
0.85154
34
13.05440
2.32965
13.07249
2.36023
0.91600
35
13.00239
2.50612
13.02214
2.53902
0.98539
36
12.94725
2.69614
12.96889
2.73153
1.06011
37
12.88857
2.90069
12.91245
2.93877
1.14053
38
12.82622
3.12092
12.85276
3.16189
1.22713
39
12.76009
3.35809
12.78973
3.40217
1.32038
40
12.69006
3.61356
12.72329
3.66099
1.42083
41
12.61605
3.88883
12.65340
3.93988
1.52907
42
12.53799
4.18554
12.57997
4.24049
1.64573
43
12.45582
4.50549
12.50297
4.55464
1.77153
44
12.36952
4.85066
12.42233
4.91434
1.90725
45
12.27904
5.22323
12.33800
5.29180
2.05374
46
12.18435
5.62560
12.24990
5.69945
2.21196
47
12.08544
6.06045
12.15796
6.14000
2.38293
48
11.98222
6.53067
12.06207
6.61639
2.56782
49
11.87454
7.03944
11.96207
7.13184
2.76787
50
11.76223
7.59025
11.85783
7.68989
2.98444
51
11.64503
8.18689
11.74916
8.29436
121904
52
11.52266
8.83351
11.63588
8.94947
3.47329
53
11.39479
9.53467
11.51786
9.65984
3.74898
54
11.26107
10.29538
11.39497
10.43053
4.04809
55
11.12118
11.12118
11.26717
11.26717
4.37279
56
10.97478
10.97478
11.13444
11.13444
4.72548
57
10.82160
10.82160
10.99687
10.99687
5.10882
58
10.66145
10.66145
10.85466
10.85466
5.52586
59
10.49434
10.49434
10.70814
10.70814
5.98006
60
10.32040
10.32040
10.55772
10.55772
6.47547
61
10.13992
10.13992
10.40389
10.40389
7.01677
62
9.95332
9.95332
10.24720
10.24720
7.60941
63
9.76118
9.76118
10.08822
10.08822
8.25984
64
9.56419
9.56419
9.92760
9.92760
8.97568
65
9.36310
9.36310
9.76603
9.76603
9.76603
Oklahoma Municipal Retirement Fund
Appendix I
LUMP SUM FACTORS BASED ON 5 OR 10 YEAR CERTAIN & LIFE NORMAL FORM
Basis: .75 (83GAM.M) +.25 (83GAM.F) - 7.5% Interest
5 Years Certain & Life
10 Years
Certain & Life
Ape
Immediate
Deferred to 55
Immediate
Deferred to 55
Deferred to 65
66
9.15871
9.15871
9.60428
9.60428
9.60428
67
8.95176
8.95176
9.44317
9.44317
9.44317
68
8.74284
8.74284
9.28351
9.28351
9.28351
69
8.53235
8.53235
9.12608
9.12608
9.12608
70
8.32065
8.32065
8.97163
8.97163
8.97163
71
8.10802
8.10802
8.82088
8.82088
8.82088
72
7.89486
7.89486
6.67452
8.67452
8.67452
73
7.68188
7.68188
8.53332
8.53332
8.53332
74
7.47013
7.47013
8.39802
8.39802
8.39802
75
7.26086
7.26086
8.26934
8.26934
8.26934
76
7.05545
7.05545
8.14789
8.14789
8.14789
77
6.85525
6.85525
8.03411
8.03411
8.03411
78
6.66140
6.66140
7.92827
7.92827
7.92827
79
6.47473
6.47473
7.83046
7.83046
7.83046
80
6.29580
6.29580
7.74065
7.74065
7.74065
81
6.12490
6.12490
7.65871
7.65871
7.65871
82
5.96211
5.96211
7.58445
7.58445
7.58445
83
5.80738
5.80738
7.51755
7.51755
7.51755
84
5.66051
5.66051
7.45765
7.45765
7.45765
85
5.52126
5.52126
7.40437
7.40437
7.40437
86
5.38942
5.38942
7.35747
7.35747
7.35747
87
5.26512
5.26512
7.31665
7.31665
7.31665
88
5.14823
5.14823
7.28145
7.28145
7.28145
89
5.03864
5.03864
7.25141
7.25141
7.25141
90
4.93649
4.93649
7.22610
7.22610
7.22610
91
4.84207
4.84207
7.20507
7.20507
7.20507
92
4.75535
4.75535
7.18788
7.18788
7.18788
93
4.67591
4.67591
7.17406
7.17406
7.17406
94
4.60337
4.60337
7.16321
7.16321
7.16321
95
4.53804
4.53804
7.15495
7.15495
7.15495
96
4.47961
4.47961
7.14893
7.14893
7.14893
97
4.42704
4.42704
7.14478
7.14478
7.14478
98
4.38017
4.38017
7.14216
7.14216
7.14216
99
4.33885
4.33685
7.14072
7.14072
7.14072
100
4.30308
4.30308
7.14006
7.14006
7.14006
101
4.27296
4.27296
7.13985
7.13985
7.13985
102
4.24874
4.24874
7.13985
7.13985
7.13985
103
4.23059
4.23059
7.13985
7.13985
7.13985
104
4.21837
4.21837
7.13985
7.13985
7.13985
105
4.21133
4.21133
7.13985
7.13985
7.13985
106
4.20843
4.20843
7.13985
7.13985
7.13985
107
4.20843
4.20843
7.13985
7.13985
7.13985
Basis: .75 (83GAM.M) +.25 (83GAM.F) - 7.5% Interest
Oklahoma Municipal Retirement Fund
Appendix I
LUMP SUM FACTORS BASED ON 5 OR 10 YEAR CERTAIN & LIFE NORMAL FORM
PROCEDURES
1. Determine the normal form of annuity for the employer's plan: 5 year certain & life or
10 year certain & life. Only the corresponding columns of Appendix I should be used
2. If the Participant is eligible for immediate payment (under Early, Normal, or Late
Retirement) multiply the annual payment amount under the normal form (after any
reductions for early payment) by the "Immediate" factor for the Participant's payment
start age in completed months. Factors should be interpolated between the two
bracketing ages.
3. If the Participant is not eligible for immediate payment (Deferred Vested Retirement),
multiply the annual payment amount starting at age 65 under the normal form (after any
reductions for early payment) by the "Deferred to 55" factor for the Participant's age
at the time the lump -sum payment is to be made. Interpolate factors for the Participant's
age in completed months.
EXAMPLES
1. Age 60 and 6 months
Normal Form 10 years certain & life
Accrued Benefit $500.001 month
Reduced Early Benefit $387.501 month
Lump Sum Factor 10.48080
Lump Sum 12 x $387.50 x 10.48080 = $48,735.72
2. Age 45 and 6 months
Normal Form 5 years certain & life
Accrued Benefit $200.001 month
Reduced Early Benefit at! $100.001 month
Lump Sum Factor 5.42442
Lump Sum 12 x $100.00 x 5.42442 = $6,509.30
sd
REAL PCppIC�flEAIC otter -REAL Community
TO:
The Honorable Mayor and City Council
FROM:
Andrew Neyman
JTS - Dallas, TX
Information Technology (IT) Department
SUBJECT:
Communications Tower Project
DATE:
December 13, 2019
PROPOSED PROJECT:
The installation of 100' communications towers at Fire Station 2, located at 201 South Cedar, and
Station 3, located at 9990 North 145th East Avenue; and, Microwave based network link between
Fire Stations 2 and 3.
BACKGROUND:
The IT department is tasked with providing stable computer network and telecommunications
connectivity for each Fire Station. In recent years, growth of trees in the area of Station 3 has
negatively impacted connectivity. Trimming of the trees would only offer a temporary solution.
To remedy the connectivity problem, staff conducted a thorough review of current technologies
and recommends a microwave radio based network link between Station 2 and Station 3.
Microwave based network links are a proven technology currently being utilized for all network
connectivity at the remaining fire stations. In order to ensure the required line of sight for the
proposed microwave link, a new 100' communications tower will be installed at Station 3, and
the existing wooden monopole tower at Station 2 will be replaced with a new 100'
communication tower.
Both new towers will be free standing, metal three leg, cross braced structures. This is the same
type of tower currently utilized at Station 4. These afford the least visual impact for the public,
maximum cost effectiveness, and a long -term life span with minimal maintenance.
BID PROCESS:
A specification bid package was developed, advertised and sent to vendors specializing in
communications towers and installation services. Five bid package submittals were received
and opened on November 22, 2019. The submittals ranged in price from $84,841.70 to
$303,715.00. Staff reviewed the details of each bid submittal and determined that all bidders
met bid specifications. Bright Lighting, Inc. of Tulsa, Oklahoma, submitted the lowest bid at
$84,841.70. Bright Lighting was also the only local vendor to submit a bid.
Vendor
Bid Price
Bright Lighting, Inc - Tulsa, OK
$84,841.70
JTS - Dallas, TX
163,565.50
Allstate Tower - Henderson, KY
164,404.00
Sabre Industries, Inc - Sioux City, IA
218.548.00
Neucomm Solutions, LLC - Aurora, CO
303,715.00
FUNDING:
Funding for this project is included in the FY 2020 General Fund budget.
RECOMMENDATION:
Staff recommends awarding the bid to Bright Lighting, Inc. of Tulsa, Oklahoma, in the amount of
$84,841.70, and authorization for the Mayor to execute the contract for services.
ATTACHMENT:
Bid Specifications and Contract Document
NOTICE TO BIDDERS
Sealed bids will be received by the City of Owasso at the Owasso City Hall, 200 South Main Street,
Owasso, Oklahoma 74055 until 2:00 p.m. on the 22nd of November 2079, and then at said City Hall
(200 South Main Street) publicly opened and read aloud. This will be for the furnishing of the
following items:
Two (2) new 100 ft. communications towers and installation
One at each of fhe following locations:
1. Fire Station Number 2 - 201 South Cedar Street, Owasso, OK 74055
2. Fire Station Number 3 - 9990 North 145 East Ave, Owasso, OK 74055
It is the intent of these specifications and requirements to obtain bids on two new 100 ft.
communications towers and installation that will meet the local needs of the purchaser, and to
obtain bids that may be easily and completely evaluated on an equal competitive basis.
Because of the wide variances in types, configurations, options, and models available in the
industry, the purpose of these specifications is to set a standard by which all proposals received
may be evaluated, studied, and compared equitably. Vendors are required to RETURN ONE (1)
COPY of specifications, correctly furnishing all information required and answering all questions
attached. A detailed written list of exceptions along with any requested data, literature, drawings,
etc., must also be enclosed.
Since bids from a number of suppliers are anticipated, the purchaser cannot be expected to be
familiar with all various technical details of all vendors' products; the only adequate method of
evaluation will be to compare in this format. Vendors are cautioned that failure to submit
proposals in the form specified herein will be grounds to reject vendor's proposal and remove bid
from consideration.
Further information and specification packets can be obtained by contacting IT Administrator
Andrew Neyman at (918) 376 -1517 during regular working hours (8:00 a.m. to 5:00 p.m. CST).
Any questions or requests for further clarification should be directed in writing to IT administrator,
Andrew Neyman at the City of Owasso, 200 South Main Street, Owasso, OK. 74055. Responses will
be furnished in writing to all prospective vendors.
Page 3 of 21
It. SPECIFICATIONS FOR BID AND DELIVERY
1. SCOPE: Bids are solicited from all recognized and documented manufacturers, installers
and /or vendors of such communications towers holding certifications by qualified and
accepted independent testing laboratories, as to manufacturer, installer, vendors, ability
to provide and install two working 100 ft. communications towers at Fire Station No. 2 and
Fire Station No.3 in full accordance with industrial, federal, state and local standards and
codes that comply with or exceeds, with the following terms, specifications, and
conditions.
1.A The manufacturer, installer, vendor must carry workman compensation insurance for
all its employees and shall include a copy of appropriate documentation to show
compliance with your bid.
1.B All bidders will be required to include with this bid a list of users with the current phone
numbers and contact person. This list will be required to contain a minimum of five (5)
customers who have previously had communications towers installed by the bidder. This
agency does not intend to purchase any prototype equipment. If you bid no exception
to any item, you must show proof of bidder's ability to provide and to have provided this
product.
2. COMPARISON: These specifications are intended to provide a common standard to which
all vendors shall bid. For this reason, checking "ALTERNATIVE" must indicate all items that
are not complied to. Failure to so respond will disqualify the bid.
If the bidder is not going to furnish the item EXACTLY as described in this specification, (s) he
must indicate a deviation even though (s)he feels (s)he may be exceeding what is
described. For each deviation taken, the bid must include detailed technical description
of what will be furnished as well as a full explanation of why the deviation equals or
exceeds the item in the specifications.
3. DEVIATION: Any deviations to these specifications must be stated in writing and attached
to the BID PROPOSAL FORM with explanation and detailed description of the item or items
the bidder wishes to substitute. Exceptions to construction, quality and testing in Federal
Specifications model numbers. etc., as listed herein are for references only; while it is
assumed some bidders will wish to substitute some items, no substitutions will be permitted
unless bidder complies with the above procedure when bidding, so that a fair comparison
may be made.
4. SUBSTITUTIONS: All substitutions shall be "equal to" or "greater than," and exceeding the
minimums of particular items specified, and full information to enable purchaser to
determine suitability shall be furnished. Purchaser or its designated shall be the final judge
of any proposed exceptions or substitutions. Any exceptions granted shall only be in writing
and attached to the final contract and /or purchase order. Unless the exceptions granted
are acknowledged by purchaser in writing of the time of order, such exemptions shall not
be accepted at the time of delivery, and the delivered product shall be expected to
conform with every detail of these specifications, or suffer rejection.
Page 6 of 21
5. CERTIFICATION & DOCUMENTATION: No bid may be withdrawn, modified, or otherwise
changed once the bids have opened. It will be assumed that each bidder has thoroughly
and completely familiarized themselves with these specifications at the time of the bid.
Modifications to a bid, once submitted, will not be permitted. Simply stated, if any item,
feature, options, etc., is not stated in writing in bidder's proposal; it will not be considered.
Bidders are cautioned that verbal or written modifications to already opened bids are
invalid, and considered unethical. The comparison and selection of bid award will
proceed only from what is stated in bidder's written proposal.
Purchaser reserves the right to reject any of all bids, and to determine the proposal
deemed in the best interest of purchaser from among those timely and property submitted,
in accordance with these specifications. Lowest bid, while a consideration, will not govern
the purchase. Bid award will be made from all considerations such as quality,
conformance with these specifications, service facilities, and experience of bidder,
suitability for particular use, as well as initial cost to purchase, plus quality and
completeness of vendor's proposal.
6. FINAL INSPECTION AND PAYMENT: The final inspection will occur at City of Owasso Fire
Stations No. 2 and No 3. Acceptance and payment for such communications tower
system will be at the discretion of the City of Owasso within 30 days of the completed
installation. Acceptance and payment is incumbent upon all specifications and/or criteria
identified being met by the bidder at the time of delivery. The City of Owasso reserves the
right to reject any delivered communications tower system that does not meet identified
specifications or criteria.
Page 7 of 21
SPECIFICATIONS
TOWER:
A. Provide Two 100 ft. self - supporting triangular in design towers. TIA /EIA Rev G;
Exposure B, Structure Class II, Topographic Category 1, 90 mph basic wind with 1"
ice.
Proposed Antenna details for loading calculations:
• (4) 800 mhz. antennas with four runs of 7/8" line at approximately 80
ft.
• (2) 3ft dishes with Cat6 Ethernet linen at approximately 90 ft.
• (2) Security cameras with Cat6 Ethernet lines at approximately 60 ft.
Comply X Not Comply Alternative
Notes:
B. 50 ksi solid round legs.
Comply X Not Comply _ Alternative _
Notes:
C. Hot dipped galvanized finish.
Comply X Not Comply_ Alternative^
Notes:
D. Anchor bolts.
Comply _X_ Not Comply _ Alternative _
Notes:
E. Step bolts on one leg.
Comply _X_ Not Comply _ Alternative
Notes:
Page 8 of 21
F.
Waveguide ladder on one face.
Comply _X_ Not Comply _
Alternative _
Notes:
G.
Cable type safety climb kit.
Comply _X_ Not Comply _
Alternative T
Notes:
H.
10 ft. lightening rod.
Comply _X_ Not Comply _
Alternative
Notes:
I,
P.E. certified tower and foundation drawings.
Comply—A— Not Comply_
Alternative_
Notes:
J.
(1) 2 ft. x 10 ft. ice bridge kit.
Comply _X_ Not Comply _
Alternative _
Notes:
K.
(2) Leg Dish mounts with 4 -1/2" pipes will be installed at approximately 90 feet for (2)
Microwave radios with 3 -foot dish antennas. Two Leg Flush mounts with 2 -3/8" Pipes
for future equipment installations.
Comply _X_ Not Comply _
Alternative _
Notes:
Page 9 of 21
L. Freight included.
Comply _X_ Not Comply _ Alternative _
Notes:
M. Storage fees if applicable, is included in bid price.
Comply _X-- Not Comply _ Alternative
Notes:
N. Geotechnical soil survey for tower site included in bid price.
Comply _X_ Not Comply _ Alternative _
Notes:
O. Foundation and anchor bolts designs are based strictly upon ANSI)TIA- 222 -G.
Comply _X_ Not Comply _ Alternative _
Notes:
P. Manufacturer's Warranty (minimum of one year)
Comply _X_ Not Comply _ Alternative _
Notes:
Page 10 of 21
INSTALLATION:
Q. Provide:
• Site preparation.
• Installation of foundation.
• Manage /coordinate the materials and tower delivery, to include storage
on site.
• Install the tower to completion with required lighting, safety climb system,
and grounding.
• Install Two Leg Dish mounts with 4-1/2" pipes and Two Leg flush mounts with
2 -3/8" pipes. Location coordinated with city staff.
• A &L installation.
• A &L grounding system in compliance with industry standards including
ground bars at 90' and 10'.
• A &L tests.
Comply _X,_ Not Comply _ Alternative
Notes:
NOTE: All project time lines and work will need to be coordinated with the owner representative,
IT Administrator Andrew Neymon.
Page 11 of 21
Site images provided as reference, only. Final tower location must be
coordinated with city staff.
1 Fire Station No. 2
E 76th Street Nor,Qh,
I
` f
E.
I
0 O 0
NOTE: Not for construction.
Page 12 of 21
Fire Station No 3 1
I .
Auer
Fire ��t�a�t�ion No.
NOTE: Not for construction.
Page 13 of 21
III. BID PROPOSAL - SUBMITTAL PAGE
FURNISH AND INSTALL TWO NEW 100 Fr. COMMUNICATIONS TOWERS:
1. Fire Station Number 2 - 201 South Cedar Street, Owasso, OK 74055
2. Fire Station Number 3- 9990 North 145 East Ave, Owasso, OK 74055
TOTAL BID: $ 84,841.70
I hereby acknowledge that I have read the requirements and specifications and that I am legally
bound by the statements in those specifications and on this Bid Proposal - Submittal Page.
Name of Tower Manufacturer: SABRE INDUSTRIES
Name of Vendor /Bidder: BRIGHT LIGHTING INC.
Printed Name of Person Authorized to Sign: Wendall Williams
Signature:
Title:
Vendor /Bidder's Address: 1 111 l East Pine St. Tulsa. Oklahoma 74116
Vendor /Bidders Phone Number: 918 -834 -8020
BID OPENING: November 22, 2019 AT 2:00 P.M.
Page 14 of 21
IV. NON - COLLUSION BID AFFIDAVIT
A. For the purpose of competitive bids, I certify
1. I am the duly authorized agent of Bright Ltahtina Inc dba BL Tower Construction
the bidder submitting the competitive bid which is attached to this statement, for the purpose of
certifying the facts pertaining to the existence of collusion among bidders and between bidders
and state officials or employees, as well as facts pertaining to the giving or offering of things of
value to government personnel in return for special consideration in the letting of any contract
pursuant to the bid to which this statement is attached;
2. 1 am fully aware of the facts and circumstances surrounding the making of the bid to which
this statement is attached and have been personally and directly involved in the proceedings
leading to the submission of such bid; and
3. Neither the bidder nor anyone subject to the bidder's direction or control has been a party:
a. to any collusion among bidders in restraint of freedom of competition by agreement to bid at
a fixed price or to refrain from bidding,
b. to any collusion with any state /municipal official or employee as to quantity, quality or price in
the prospective contract, or as to any other terms of such prospective contract,
c. in any discussion between bidders and any state official concerning exchange of money or
other thing of value for special consideration in the lettering of a contract, nor
d. to any collusion with any state agency or political subdivision official or employee as to create
a sole- source acquisition in contradiction to Section 85.45j.1 of Title 74
B. I certify, if awarded the contract, whether competitively bid or not, neither the contractor nor
anyone subject to the contractor's direction or control has paid, given or donated or agreed to
pay, give or donate to any officer or employee of the State of Oklahoma or the City of Owasso
any money or other thing of value, either directly or indirectly, in procuring the contract to which
this statement is attached.
STATE OF 01{ LaJJ2l nQ 1
COUNTY OF -M I cm J
W Cnr 0 1 Wi I ji OLMY being first duty sworn, on oath says that I am the agent o - ed by the bidd alluuUrgi
to submit the Non - Collusion Affidavit and attached bid. �````�� yoe`
Figrictiure
SubscAAbed and sw n before me this 1�day of NOV em hor Z14 . _ S 12001318
I'i. r.1.L7tcc _ EXP. 02/0920
Notary13ublic %
Expiration�n� /t)g P0 9 �i�T4 '1 O pp
OF COMPLETE AND ATTACH THE NON - COLLUSION BID AFFIDAVIT TO BID
Page 15 of 21
MID- CONTINENT CASUALTY COMPANY
P. 0. Box 1409
TULSA, OKLAHOMA 74101
BID BOND
KNOW ALL MEN BY THESE PRESENTS: That We, Bright Lighting, Inc. dba BL Tower Construction
as Principal, and MID - CONTINENT CASUALTY COMPANY, a corporation organized and existing under the laws of the
State of Ohio, and authorized to do business in the State of Ohio as Surety, are held
and firmly bound unto the City of Owasso
200 South Main Street
Owasso, OK 74055 as Obligee,
in the amount of Five percent of the amount bid " ",. "'(-- '- '5 %.. " " " ") DOLLARS lawful
money of the United Slates of America, to the payment of which sum of money well and truly to be made, the said Principal and
Surety bind themselves. and each of their heirs, executors, administrators, successors and assigns, jointly and severally, by
these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make an award to the Principal for:
Two (2) New 100" Communications Towers and Installation
according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a
contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful
performance thereof, with MID-CONTINENT CASUALTY COMPANY as Surely or with other Surety or Sureties approved by the
Obligee; or if the Principal shah, in case of failure so to do, pay to the Obligee the damages which the Obligee may suffer by reason
Of such failure not exceeding the penally of this bond then this obligation shall be null and vcid, otherwise it shall be and remain in
full force and effect.
Signed. Sealed and Dated this 22nd day of November 2019
Witness
mcbbN
Bright Lighting, Inc. dba BL Tower Construction
Principal
MID -CO 7f NENT /C/jAS LT1COAPANY
J niig4urfiS, G� orney -in -fact
MID - CONTINENT CASUALTY COMPANY
1437 SOUTH BOULDER, SUITE 200 • TULSA, OKLAHOMA 74119 •918587 -7221 • FAX 918 -588 -1253
POWER OF ATTORNEY.
KNOW ALL MEN BY THESE PRESENTS: That the MID - CONTINENT CASUALTY COMPANY, a corporation organized and existing under
and by virtue of the laws of the State of Ohio, does hereby nominate,,constitute and appoint the person or persons named below, each individually if
more than one Is named, its We and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety,
any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof. Travis E. Brown, Jamie
Burris, Cathy Combs, John Kelly Deer, Vaughn P. Graham, Vaughn Paul Graham, Jr., Mark Edward Long, Stephen M.
Poleman and Michael J. Swanton, all of TULSA, OK
IN WITNESS WHEREOF, the MID-CONTINENT CASUALTY COMPANY has caused These presents to be signed and attested by its
appropriate officers and its corporate seal hereunto affixed this .10. day. of July 201.9
c3 •., ; ,_;` MID- CONTINENT CASUALTY COMPANY
ATTEST: •�^.rr�rr'�/ r�r
ARON HACKL ecretary T BAZATA= VICE PRESIDENT
On this 10day of July 2019 before me personalty appeared TODD BAZATA , to me known, being
duly swom, deposes and says that s/he resides in Broken Arrow, Oklahoma, that S/he is a Vice President of Mid -Continent Casualty Company, the
company described In and which executed the above instrument; that s/he knows the seal of the said Company; that the seal affixed to the said
instrument is such corporate seal; that d was so affixed by authority of her/his office under the By -Laws of said Company, and that slue signed his name
thereto by like authority. _
STATE OF OKLAHOMA1
Jr SS
COUNTY OF TULSA
Commission # 11008253
My Co 0 n Exp es —08 -19
JULIE AL HAN Notary Public
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Mid -Continent Casualty
Company by unanimous written consent dated September 25, 2009.
RESOLVED: That the President, the Executive Vice President, the several Senior Vice Presidents and Vice Presidents or anyone of them;
be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all
bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective
limits of their authority; and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of
the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of
suretyship, or other written obligation in the nature thereof, such signature and seal when so . used being hereby adopted by the Company as the original
signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though
manually affixed.
-:- CERTIFICATION
SHARON HACKL Secretary of Mid -Continent Casually Compapy, do hereby certify that the foregoing Power
of Attorney and the Resolutions of the Board of Directors of September 25, 2009 have not been revok�nd are w in full force and effect.
" �/�
„
mrrn Signed and sealed this day of
d y,Mt CR3y,� _
t POR tl�
SEAL •_=
Secretary
VOID IF BOX IS EMPTY
V. CONTRACT FOR EQUIPMENT AND SERVICES
THIS AGREEMENT, made this 17th day of December, 2019, between the City of Owasso,
Oklahoma (CITY), and Bright Lighting, INC. of Tulsa Oklahoma (VENDOR).
WITNESSETH:
1. That for and in consideration of the sum of $84,841.7 0, VENDOR will furnish to CITY
two new 100 ft. communications towers. One at Fire Station No. 2 and One at Fire
Station No. 3 as indicated in the specifications.
2. The VENDOR will furnish all of the labor and other services necessary to deliver the
system and equipment as required in the Contract Documents and Bid Criteria
within 120 day of the Notice to Proceed.
3. The CITY shall pay VENDOR upon acceptance of delivery of the new 100 ft.
communications towers and following the submission of an invoice.
4. This Contract shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors, and assigns.
5. This instrument, supplemented by the Contract Documents, contains the entire
agreement between the parties, and no statement, promise or inducement made
by either party, or the agent of either party, that is not contained in this written
Contract shall be valid or binding.
6. This Contract shall not be enlarged, modified, or altered except in writing, signed
by the parties and endorsed herein.
7. This Contract shall be governed by the laws of the State of Oklahoma both as to
interpretations and performance.
CITY OF OWASSO, OKLAHOMA: VENDOR:
L'i'd
Chris Kelley, Mayor
ATTEST:
FYA
Juliann M. Stevens, City Clerk Title
APPROVED AS TO FORM & CONTENT:
Company
Julie Lombardi, City Attorney
Page 17 of 21
sd
ORop'.HEALOherecler• MCC....My
TO: The Honorable Mayor and City Council
FROM: Karl A. Fritschen AICP, RLA
Planning Manager
SUBJECT: Final Plat —Stone Creek of Owasso
DATE: December 13, 2019
BACKGROUND:
The Community Development Department received an application for review and approval of
a final plat for Stone Creek of Owasso, a residential single - family subdivision consisting of 100 lots
in 6 blocks. The subject property is approximately 40 acres in size and is located on the southwest
corner of East 76th Street North and North 161s' East Avenue. The property was rezoned in
November 2018, with Ordinance 1140 to Residential Single - Family High Density (RS -3) and the
Planning Commission reviewed the preliminary plat in April 2019.
SURROUNDING LAND USE:
Direction
Zoning
Use
Land Use Plan
Jurisdiction
North
RS -40
Residential
Residential
Rogers County
South
AG (Agriculture)
Undeveloped
Residential
Rogers County
East
Stone Canyon PUD
Undeveloped
Neighborhood
Mixed Use
City of Owasso
West
AG (Agriculture)
Church
Residential
Rogers County
SUBJECT PROPERTY /PROJECT DATA:
Property Size
40.123 acres +/-
Current Zoning
RS -3 (Residential Single - Family High Density)
Proposed Use
Residential subdivision
Land Use Plan Designation
Residential, transitional, and commercial
Lots /Blocks
100 Lots, 6 Blocks
Gross DU /Ac
2.49 DU /Ac
Reserve Areas
2 reserve areas
Within PUD?
No
Within Overlay District?
No
Water Provider
Rogers County Rural Water District #3
Applicable Paybacks
(Paid After Final Plat Approval)
East 76th Street North Interceptor Payback Area ($1 ,341.00 per acre)
Storm Siren Fee ($50.00 per acre)
ANALYSIS:
Stone Creek of Owasso is a proposed single - family residential subdivision. The final plat for Stone
Creek of Owasso proposes 100 lots in 6 blocks. The proposed development is not under a
planned unit development (PUD), and is therefore only required to meet the minimum bulk and
area standards established for the RS -3 zoning district in the Owasso Zoning Code. Staff has
determined that the proposed final plat meets the minimum dimensional standards for
residential lots in the RS -3 district.
There are two public access points proposed to the development. One is on East 761h Street
North and the other is on North 161st East Avenue. Currently, 161st is not a paved public street as
there has not been sufficient development in the area to necessitate its construction. Because
the proposed residential subdivision will require two access points to meet the Fire Code, the
developer will be required to construct 161s' from the intersection of 76th and 161st south to the
proposed East 75th Place North. The remainder of North 161st East Avenue would remain
unpaved at this time.
The length of North 161st East Avenue (to be constructed by the developer) will be required to
be dedicated to the City with the filing of the final plat for Stone Creek of Owasso, and it must
be built to City standards. The developer will also be required to construct sidewalks along the
arterial streets except for the portion of 161st that will remain unpaved. However, the developer
may choose to escrow the sidewalks along the length of 1615t East Avenue and East 76th Street
North as there are presently no adjacent sidewalk connection points.
Staff has determined that the final plat for Stone Creek of Owasso provides adequate right -of-
way on the arterial and proposed internal streets, which would be dedicated to the City with the
recording of the final plat. A deceleration lane will be required as part of the development and
the Public Works Department will work with the developer on the design. Adequate perimeter
and interior utility easements are shown on the final plat, allowing utility providers to supply and
maintain service to the proposed development. There are two reserve areas identified on the
final plat intended to be used for open green space and storm water detention.
The deed of dedication and restrictive covenants of the final plat calls for the establishment of
the Stone Creek of Owasso Homeowners' Association (HOA) that will be responsible for the
maintenance of all reserve areas, open spaces, and stormwater detention areas. The HOA for
Stone Creek of Owasso will also be responsible for maintaining a 6 foot screening fence along
76th and 161st. A fence and landscape easement (F /E) has been shown that delineates
maintenance responsibilities.
The City of Owasso will provide sanitary sewer,
development. Water service will be provided by
development that occurs on the subject propert y
engineering requirements of the City of Owasso.
PLANNING COMMISSION:
Fire, Police, and EMS services to proposed
Rogers County Rural Water District #3. Any
shall adhere to all subdivision, zoning, and
During their December 9, 2019, meeting, the Owasso Planning Commission voted 5 -0 to
recommend approval of the Final Plat for Stone Creek of Owasso.
RECOMMENDATION:
Staff recommends approval of the Final Plat for Stone Creek of Owasso.
ATTACHMENTS:
Aerial Map
Final Plat Exhibit
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Aerial Photo
Stone Creek of Owasso
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lot Area Table
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Stone Creek of Owasso
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TO: The Honorable Mayor and City Council
FROM: Karl A. Fritschen RLA, AICP
Planning Manger
SUBJECT: Final Plat - The Villages at A New Leaf
DATE: December 13, 2019
BACKGROUND:
The Community Development Department received an application for review and approval of
a final plat from Wallace Engineering for The Villages at A New Leaf, a proposed development
offering vocation training centered on agricultural and horticultural principals for individuals with
developmental disabilities. The subject property is located south and east of the southeast
corner of East 86th Street North and North Memorial Drive and is approximately 49.82 acres in size.
The subject property was annexed into the City Limits of Owasso on November 21, 2017, under
Ordinance 1115 (OA 17 -07) and the Owasso Planned Unit Development (OPUD 17 -03) was
approved for the property in December 2017.
SURROUNDING LAND USE:
Direction
Zoning
Use
Land Use Plan
Jurisdiction
North
AG (Agriculture)
Undeveloped
Commercial/Transitional
Tulsa County/
City of Owasso
South
AG (Agriculture)
Residential
Residential
Tulsa County
East
AG (Agriculture)
Undeveloped/
Residential
Residential
Tulsa County
West
AG (Agriculture)
Residential
Transitional /Residential
Tulsa County
SUBJECT PROPERTY /PROJECT DATA:
Property Size
49.82 +/- acres
Current Zoning
AG with PUD overlay
Land Use Plan
Designation
Residential & Transitional
Lots /Blocks
I Lot, 1 Block
Within a PUD?
Yes: PUD 17 -03
Within Overlay District?
No
Water Provider
Washington County Rural Water District #3
Applicable Paybacks
Storm siren fee - $35.00 per acre
Barnes Elementary School Sewer Payback Area - $80.00 per acre*
Ranch Creek Sewer Service Assessment Area - $610.33 per acre*
* Depending on where the connection is made.
ANALYSIS:
The property is situated just south and east of the intersection of East 86th Street North and North
Memorial Drive. The proposed development will have access from both East 861h Street North
and North Memorial Drive. The facility will have two gated entrances and an internal circular
private road that will provide access to the living units and development areas.
The plat indicates the project will have private streets, and the owner will assume responsibility for
their long -term maintenance. Access points have been identified along both Memorial Drive and
East 861h Street North and both meet the zoning code spacing requirements for driveway entries.
Limits of access and no access along East 86th Street North and Memorial Drive have been
delineated on the plat. Right -of -way is being dedicated along Memorial Drive. Utility easements
have been shown which will allow utility providers to serve the site. There is one stormwater
detention area identified that will detain water produced from the development and release at
a pre - development rate. Language has also been provided in the Deed of Dedication page
that specifies who maintains the landscaping, fencing, and stormwater facilities.
The City of Owasso will provide sanitary sewer, Fire, Police, and EMS services to the proposed
development. Washington County Rural Water District #3 will provide water service to the property.
Sanitary sewer service needs to be extended to the property with an off -site easement by
separate instrument. Any development on the subject property shall adhere to all subdivision,
zoning, and engineering requirements of the City of Owasso as well as those approved under
OPUD 17 -03.
PLANNING COMMISSION:
During their December 9, 2019 meeting, the Owasso Planning Commission voted 5 -0 to
recommend approval of the Final Plat for The Villages at A New Leaf,
RECOMMENDATION:
Staff recommends approval of the Final Plat for The Villages at A New Leaf.
ATTACHMENTS:
Aerial Map
Final Plat Exhibit
FINAL PLAT
R 11 E THE VILLAGES AT A NEW LEAF
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TO: The Honorable Mayor and City Council
FROM: Earl Farris
Project Administrator
SUBJECT: Acceptance of Nottingham Stormwater Drainage Improvement Project and
Authorization for Final Payment
DATE: December 13, 2019
BACKGROUND:
In July 2019, the Council awarded the project bid to Timber Wolf Excavating, LLC, in the amount
of $57,594.00. Work within the contract included installation of a concrete channel and grading
of an earthen berm to collect stormwater causing erosion issues and exposing utilities within a
utility easement.
Work was completed in October 2019, with all work meeting standards for acceptance. A final
payment of $27,683.85 will bring the total contract amount to $50,553.20; a contract underrun of
$7,040.80.
FUNDING:
Funding for this project is included in the FY 2020 Stormwater Budget.
RECOMMENDATION:
Staff recommends acceptance of the contract work and authorization for final payment to
Timber Wolf Excavating, LLC, of Broken Arrow, Oklahoma, in the amount of $27,683.85.
ATTACHMENTS:
Location Map
Final pay documents
NOTTINGHAM DRAINAGE PROJECT
1" = 208 ft
Location Map
12/04/2019
This map may represents a visual display of related geographic information. Data provided hereon is not guarantee of acutuaI field conditions. To be sure of complete accuracy, please contact the
responsible staff for most up -to -date information.
�o -n3 - -r�,yaln
EXHIBIT "A" ?D
NOTTINGHAM DRAINAGE kR03ECI' - -` 1 TY OF OWASSO
N6
PAY ESTIMATE 2 FINAL
I APPLICATION AND CERTIFICATE FOR PAYME
TO: (Owner)
FROM: (Contractor)
PROJECT: Nottingham Drainage Project
CONTRACT FOR:
Page One of
Contract Date: 06/12/2019
Application Date: 11/15/2019
Period To: 11/15/2019
Distribution To: Owner
Architect
Contractor
Engineer
I CONTRACTOR'S APPLICATION FOR PAYMENT I
Application is made for payment, as shown below, in connection with the Contract.
Continuation sheet is attached.
1. Original Contract Sum
2. Net Change by Change Orders
3. Contract Sum to Date (Line 1 & 2)
4. Total Completed & Stored to Date
(Column G on Continuation Sheet)
$ 57,594.00
$ 0
$ 50553.20
$ 50553.20
5. Retaimage: a. 0 % of Completed Work $ 1 0
(Column D & E on Continuation Sheet) - FINAL
b. % of Stored Material `
(Column F on Continuation Sheet)
Total Retainage (Line 5a & 5b) $ o
Total Earned Less Retainage $ 50553.20
(Line 4 less Line 5 Total)
AGREEMENT
:519 00300 - Pago 8 of 14
7. Less Previous Certificates for Payment
8. CURRENT PAYMENT DUE
9. Balance to Finish, Plus Retainage
(Line 3 less Line 6)
CHANGE ORDER SUMMARY:
ADDITIONS
Change Orders approved in previous
months by OWNER
TOTALS $
Approved this month
Number $
Date Approved
TOTALS $
Net Change by Change Orders
22,869.35
27,683.85 F� A
DEDUCTIONS
The undersigned Contractor cortifies that to the best of the Contractor's knowledge, information
and belief, the WORK covered by this Application for payment has been completed in
accordance with the Contract Documents, that all amounts have been,paid by the Contractor for
Work for which previous Certificates for Payment were issued and payments received from the
Owner, and that current payment shown,herem is now due.
CONTRACTOR:
By. Date: 11/15/2019
STATE OF OKLAHOMA )
)SS
COUNTY OF WAGONER )
Subscribed and sworn to before me f"lijs l.u'7 day of lltd�
(SEAL) I VOTARY PUBLIC ��'
C,,,, - '5009991
• = Notary Public
hty COMM'. =xPIM
Oct a. 2023 Q,
My Commission Expires:
n I u 0 AGREEMENT
)619 00300 - Page 9 of 14
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STATE OF OKLAHOMA
COUNTY OF WAGONER
CLAIM OR INVOICE AFFIDAVIT
)SS
)
The undersigned (Architect, Contractor, Supplier, Engineer or Supervisory Official), of lawful
age, being first duly sworn, on oath says that this (Invoice, Claim or Contract) is true and correct.
Affiant further states that the (work, services or materials) as shown by this Invoice or Claim
have been (completed or supplied) in accordance with the Plans, Specifications, orders or
requests furnished to the Affiant. Afftant further states that (s)he has made no payment, nor
given, nor donated, or agreed to pay, give, or donate, either directly or indirectly, to any elected
official, officer, or employee of the State, County, or City of money or any other thing of value
to obtain payment or the award of this contract.
Timber Wolf Excavating LLC
Contractor or Supplier
Subscribed and sworn to before me this is day of NOVEMBER , 2019
Notary ubli
Commission # �� s
-- �'�NO TAR
q PUBLIC "A
COMM. 015 9491
Joy Commission Expires:
r
0,k14.2023 d 3 �Q.`
IN
' "I,,, oK�P�o
Architect, Engineer or other S4e' visory Official
Subscribed and sworn to before me this day of
Notary Public
Commission #
My Commission Expires:
NOTE: Strike out words not appropriate and sign appropriate signature line. Architect,
Engineer approval is not required for Contractor or Supplier Affidavit.
00300 - Page 11 of 14
CONTRACTOR'S FINAL RELEASE AND WAIVER OF LIEN
Project/ Owner Contractor
Project:Nottingham Drainage Project Name: Timber Wolf Excavating LLC
Address: 200 South Main
Owasso OK 74055
City State Zip Code
Owner: City of Owasso
TO ALL WHOM IT MAY CONCERN;
Address: Po Box 636
Broken Arrow OK 74013
city state Zip Code
Contractor Licence:
Contract Date: 7 / 16 12019
For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the undersigned Contractor hereby waives, discharges, and releases any and
all liens, claims, and rights to liens against the above - mentioned project, and any and all other
property owned by or the title to which is in the name of the above - referenced Owner and
against any and all funds of the Owner appropriated or available for the -
construction of said project, and any and all warrants drawn upon or Issued against any such
funds or monies, which the undersigned Contractor may have or may hereafter acquire or
possess as a result of the furnishing of labor, materials, and /or equipment, and the performance
of Work by the Contractor on or in connection with said project, whether under and pursuant to
the above - mentioned contract between the Contractor and the Owner pertaining to said project
or otherwise, and which said liens, claims or rights of lien may arise and exist.
The undersigned further hereby acknowledges that the sum of
twenty seven thousand six hundred eighty three &85/100
Dollars ($27,683.$5 ) constitutes the entire unpaid balance due the undersigned in
connection with said project whether under said contract or otherwise and that the payment of
said sum to the Contractor will constitute payment in full and will fully satisfy any and all liens,
claims, and demands which the Contractor may have or assert against the Owner in connection
with said contract or project,
Witness to Signature:
Buisness Manager
Dated this 02 day of December 20 19
Timber Wolf Excavating LLC
Contractor
Title: MGR
Page 1 of 1
rT
6sv
floal pooplo• Roal Char r•Rool Communlry
TO: The Honorable Mayor and City Council
FROM: H. Dwayne Henderson, P.E.
City Engineer
SUBJECT: Bid Award - Tributary 5A Stormwater Improvement Project
DATE: December 13, 2019
BACKGROUND:
The Tributary 5A provides Stormwater conveyance for most of Owasso Medical campus, Owasso
Market and Smith Farms Market and all of Tyann Plaza, Lakeridge and Three Lakes, Original Town
and Forest Creek Business Park.
In February 2016, Oklahoma Water Resources Board (OWRB) performed an audit to ensure
residential and commercial developments are following the guidelines set forth by the National
Flood Insurance Program. The audit outlined needed channel improvements just north of the
Forest Creek Business Park to the southern property line in order to convey a 100 -year rainfall. In
March 2019, the Council approved the Engineering Design agreement with Meshek &
Associates, LLC and further authorized this project as eligible for funding from the Capital
Improvement Fund.
Staff surveyed the channel to review the topography and developed alternatives that would
satisfy the OWRB. Meshek & Associates, LLC assisted the staff by incorporating the new survey
into the hydraulic model. The model yielded results that meant either a new retaining wall
needed to be constructed between the Forest Creek Business Park and Tributary 5A to meet the
needs of the 100 -year flow, and protect the businesses or additional storage on the opposite
side of the creek was needed to assist buffering the flows. Both options were reviewed and the
second option elected to pursue due to potential project cost and right -of -way constraints.
The land on the opposite side of Tributary 5A from the Forest Creek Business Park houses the
Owasso Public Schools bus bam, but a portion is not being used at this time. School staff
provided an easement to the City of Owasso to clear the underbrush from the area, perform a
site survey and to construct the project. Grading work to meet the needs of the project will be
performed that will have minimal impact to the school property.
BID ADVERTISEMENT:
Advertisements were published in October 23, 2019, and October 30, 2019, in accordance with
state law, and a mandatory pre -bid meeting was held on November 13, 2019, at City Hall. Bids
were opened on November 21, 2019, with four (4) qualified bidders.
Bidder
Total Base Bid
Native Plains Excavation &
Contracting, LLC
$114,532.35
RL Hensley Construction
$123,158.50
Earfhsmarf
$130,313.00
Meridian Contracting
321,165.00
Engineer's Estimate
$85,587.00
Bid Award - Tributary 5A Stormwater Improvement Project
Page 2
Native Plains Excavation & Contracting, LLC, is the low bidder. The lowest bid was higher than
the engineering estimate, but the three (3) lowest bids were within 10% of the each other and
considered acceptable.
FUNDING:
Funding for this project is available in the Capital Improvement Fund.
RECOMMENDATION:
Staff recommends awarding the bid to Native Plains Excavation & Contracting, LLC, of Bixby,
Oklahoma, in the amount of $114,532.35, and authorization for the Mayor to execute the
necessary documents.
ATTACHMENTS:
Location Map
Agreement
4
6'i 49M[07`[IZ17tiIZ1
AGREEMENT
THIS AGREEMENT is dated as of the 17th day of December, 2019, by and between The City of
Owasso (hereinafter called OWNER) and Native Plains Excavation & Contracting LLC.
(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:
TRIBUTARY 5A STORMWATER IMPROVEMENT PROJECT
CITY OF OWASSO, OKLAHOMA
The project for which the Work under the contract documents may be the whole or only a part, is
described as follows:
Excavation, grading and slope stabilization to improve drainage and increase floodplain
storage near the Owasso Public School Transportation Facility and Forest Creek Business
Park.
ARTICLE 2. ENGINEER
The project has been assigned to the Project Manager or his /her duly authorized representative,
who is hereinafter called ENGINEER and who will assume all duties and responsibilities and
will have the rights and authority assigned to ENGINEER in the Contract Documents in
connection with the completion of the Work in accordance with the Contract Documents.
ARTICLE 3. CONTRACT TIME
3.1 The Work will be substantially completed within sixty (60) calendar days s from the
date of Notice to Proceed; and completed and ready for final payment in accordance with the
General Conditions within ninety (90) 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 fiords 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: One hundred fourteen thousand, five hundred thirty two and
35/100 dollars ($114,532.35)
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 90% 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 Contract Price, 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 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 Engineer 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 one (1) year after the project has
been accepted by the OWNER.
6.8 CONTRACTOR understands that (s)he will be exempt from all sales tax on materials
and other items necessary for the completion of the project. The OWNER has issued him a
Certification of Tax Exempt Project enclosed as Exhibit "C" of this Agreement.
ARTICLE 7. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR are attached to this Agreement, made a part hereof, and consist of the
following:
7.1 This Agreement (pages 1 to 6 inclusive).
7.2 Exhibits "A ", "B ", "C" and "D" to this Agreement.
7.3 Advertisement for Bids (Section 00100).
7.4 Requirements for Bidders (Section 00110).
7.5 Instructions to Bidders (Section 00120).
7.6 Bid (Section 00200).
7.7 Bid Bond (Section 00210).
7.8 Bid Affidavits (Section 00220).
7.9 Statement of Bidders Qualifications (Section 00230).
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 5
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 Terms 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 17th day of December. 2019.
OWNER: City of Owasso CONTRACTOR: Native Plains Excavation
& Contracting, LLC.
IC
Chris Kelley, Mayor
(SEAL)
ATTEST:
Juliann M. Stevens, City Clerk
Julie Lombardi, City Attorney
Address for giving notices:
200 South Main Street
Owasso, Oklahoma 74055
C
(SEAL)
45V
REAL People • REAL CM1amclor • PEAL Community
TO: The Honorable Mayor and City Council
FROM: Roger Stevens
Public Works Director
SUBJECT: Right -of -Way Acquisition - East 1 16th Street North Roadway Improvements from
Garnett Road to North 1291h East Avenue
DATE: December 13, 2019
BACKGROUND:
City staff is currently involved in the acquisition of right -of -way and easements for the East 116th
Street North Roadway Improvement Project from Garnett Road to North 1291h East Avenue.
Negotiations for the purchase of 15,656.50 square feet of right -of -way, located at 11822 East
1161h Street North, have been successfully completed and staff is seeking City Council
authorization to purchase the land.
DESCRIPTION /PURCHASE PRICE:
The offer for the right -of -way is $3.19 per square foot, for a purchase price of $50,000.00. Per the
request of Kevin Franklin and Kim Rutherford, Trustees of the Franklin Family Trust, two checks
each in the amount of $25,000.00, will be disbursed to the two property owners.
FUNDING:
Funding for this purchase is included in the Vision Recapture Fund.
RECOMMENDATION:
Staff recommends authorization for payment in the amount of $25,000.00 to Kevin Franklin and
$25,000.00 to Kim Rutherford, Trustees of the Franklin Family Trust, for a total of $50,000.00, for
right -of -way located at 11822 East 116th Street North, Parcel 3.
ATTACHMENTS:
Agreement Letters
Site Map
November 14, 2019
Kevin Franklin
Franklin Family Trust
103 Sunridge Court
Montgomery, TX 77316
RE: City of Owasso
116'h North Road Widening Project
11822 East 116th Street North, Parcel 3
Terra Acquisition Services is working under Contract with the City of Owasso to acquire
the right of way and easements for improving 1161h Street. After consulting with the City
of Owasso, they have agreed to the following payments.
The City of Owasso will pay to you the amount of $50,000.00 for the needed right of way
and easements for this project. This offer reflects the 15,656.50 s.f of right of way and
0.00 s.f of permanent easement. There will be two checks of $25,000.00 one being to
Kevin Franklin and one to Kim Rutherford. These two are trustees of the Franklin Family
Trust.
If this offer meets with your approval, I would request that you acknowledge with your
signature below. l will need to obtain this signed letter and the enclosed W -9 so the check
can be processed. It will take about three weeks in order to obtain the check.
I look forward to meeting with you to discuss the project and please feel flee to contact
me at 918 - 605 -1436,
Sincerely,
Mike Craddock
Terra Acquisition Services
Agree to:
Kevin Franklin
Franklin Family Trust
o� Date
mike ®terraacquisitlon.com • 918.605.1436 • 6458 S. College Avenue • Tulsa, OK 74137
November 14, 2019
Kim Rutherford
Franklin Family Trust
9013 North 130'' East Avenue
Owasso, OK 74055
RE: City of Owasso
116" North Road Widening Project
11822 East 116th Street North, Parcel 3
Terra Acquisition Services is working under Contract with the City of Owasso to acquh
the right of way and easements for improving 116'h Street. After consulting with the Cit
of Owasso, they have agreed to the following payments,
The City of Owasso will pay to you the amount of $50,00o.00 for the needed right of wa
and easements for this project. This offer reflects the 15,656.50 s.f of right of way an(
0.60 s.f, of permanent easement. There will be two checks of $25,000.00 one being tc
Kevin Franklin and one to Kim Rutherford. These two are trustees of the Franklin Fatnil3
Trust.
If this offer meets with your approval, I would request that you acknowledge with your
signature below. I will need to obtain this signed letter and the enclosed W -9 so the check
can be processed. It will take about three weeks in order to obtain the check.
I look forward to meeting with you to discuss the project and please feel free to contact
me at 918- 605 -1436,
Sincerely,
Mike Craddock
Terra Acquisition Services
Agree to:
Kim Rutherford
Franklin Family Trust
Date
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12113/2019
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TO: The Honorable Mayor and City Council
FROM: Scott Chambless
Chief of Police
SUBJECT: Lenco BearCat Purchase
DATE: December 13, 2019
BACKGROUND:
During the November 12, 2019, worksession, staff presented the proposed purchase of an
armored vehicle and discussion was held.
In the twenty year history of the Owasso Police Department's Special Weapons and Tactics
team (SWAT) team, proper equipment has been both a priority and a challenge. In 1999, the
City of Owasso had a population of about 18,000 residents and the Owasso Police Department
was comprised of 29 officers. That year, the police department formed its first SWAT team. This
team was comprised of eight (8) officers. Today, the police department is comprised of 58
officers and the resident population is nearing 40,000. The SWAT team is currently comprised of
29 officers, which includes the command structure, entry team, negotiators, snipers, and medics.
Medics are fire department staff that serve on the team and are also reserve police officers.
Team members work regular duties, such as patrol and detectives, and are called away from
those duties in the event the SWAT team is needed.
At its original founding, the SWAT team worked with limited equipment and training. These
challenges continued to plague the SWAT team for many years. While training significantly
improved in the years following the initial founding, equipment and staffing concerns were
continual challenges. Over the past five years, the SWAT team has made great strides in the
realm of staffing and equipment. The professional competence of Owasso's SWAT team is
without question. The team has excellent leadership and dedicated staff who take their roles
very seriously. The team trains at least nine hours each month, mostly on their days off.
SWAT teams are tasked with dealing with some of the most dangerous and complex issues
facing policing. The most dangerous duties include armed and barricaded suspects. An armed
and barricaded suspect coupled with a hostage situation is the most complicated issue a SWAT
team is likely to be confronted with. The team routinely trains to deal with these dangerous
situations.
In order to perform their jobs safely, the SWAT team needs an armored vehicle, one that is highly
maneuverable, lightweight, and offers optimal levels of civilian law enforcement ballistic
protection. Currently, the department does not have any type of armored vehicle.
There have been numerous incidents over the past several years that would have justified the
deployment of an armored vehicle. Many of these incidents involved armed and barricaded
suspects or suspects otherwise armed with firearms and threatening violence against citizens or
officers. The most concerning trend facing Owasso officers are mental health calls involving
persons threatening violence against themselves or others. Unfortunately, some of the most
dangerous calls are dealing with military veterans, police officers, and security officers who are
in crisis. These individuals are trained and sometimes possess bullet resistant body armor and
military styled weaponry that makes responding to their mental health crises extremely
dangerous. In 2018, Owasso officers responded to 262 mental health related calls. Of these, 169
involved suicidal subjects and 59 citizens were taken into protective custody for mental health
evaluation. The nation -wide trend involving mass shootings of citizens and police officers also
highlights the need for proper equipment.
Regardless of training, staffing, or other types of equipment, a SWAT team cannot safely
approach an armed and barricaded suspect without a properly equipped armored vehicle. This
absence creates situations in which officers are forced to consider higher levels of force against
a suspect earlier in a confrontation due to limitations placed on improperly equipped officers.
Escalating force places the City and the officers at higher levels of risk, both from a safety
standpoint and a legal liability standpoint. Higher levels of force, particularly lethal force, also
create psychological and emotional challenges for the officer who has been forced to take the
life of another person. The goal of any SWAT team is to preserve the life of everyone involved in
a dangerous situation.
After twenty years of dedicated persistence, the Owasso SWAT team has developed into a
highly trained and highly capable team of public servants. The addition of an armored vehicle
would make the team capable of safely handling almost any situation they are likely to
encounter.
For the past several years, the police department has attempted to acquire an armored vehicle
through military surplus programs. These efforts have not proven successful. The types of vehicles
that were available through military surplus were not designed for civilian law enforcement and
were not an ideal solution for the SWAT team. There are companies that manufacture armored
vehicles for civilian law enforcement, and it is strongly believed that a civilian vehicle is the ideal
long -term solution for the needs of the SWAT team.
SOLE SOURCE PURCHASING:
The Code of Ordinances for the City of Owasso does not require competitive bidding if the
supplies, materials, equipment, or contractual services can only be furnished by a single dealer,
or which have a uniform price wherever bought. This provision within City ordinance is commonly
referred to as "sole source" purchasing.
Staff has determined through extensive research into armored vehicles that only one
manufacturer produces a product that meets the needs of the Owasso Police Department. Of
highest importance to staff was identifying a vehicle that offers optimum ballistic protection at
the lightest weight and highest maneuverability. The Lenco BearCat is the vehicle that meets
these standards. The BearCat is only produced and sold by Lenco. The price of a single unit is
uniform and there are no other dealerships that offer competitive pricing for the Lenco BearCat.
Lenco has a proprietary manufacturing process that uses a single contiguous piece of metal for
the sidewaks of the BearCat that extend from bumper to bumper. This proprietary method
makes the vehicle much lighter than other manufacturers' vehicles while offering the highest
level of ballistic protection for civilian law enforcement. A lightweight armored vehicle is an
imperative during Owasso SWAT operations. Various scenarios will occur that will require that the
vehicle be driven into the yards of homes, businesses, and /or apartment complexes. Excessively
heavy vehicles can cause damage to driveways, sidewalks, and underground utilities. A heavy
vehicle is also more likely to get stuck on soft terrain, which could create serious safety concerns
when evacuating citizens or deploying and /or recovering officers from a scene.
Weight also impacts maneuverability. It is imperative that maneuverability be kept as a top
priority. High levels of maneuverability will speed up any evacuation or operation. In the case of
safety, solving problems quickly can result in saved lives. From a practical standpoint,
maneuverability is also critical due to the confined areas in which the vehicle will be operating.
Enhanced maneuverability will lessen the likelihood of colliding with parked vehicles or other
objects. Lastly, the armored vehicle of choice will be stored in the department's garage /sally
port. The turning area to enter the garage is restrictive and once inside, the armored vehicle will
have to be maneuvered with other vehicles parked beside and behind it with limited areas for
backing and turning.
1I7.17I�R�
The quoted cost of the Lenco BearCat is $289,320. The fund balance within the General Fund is
adequate to support a supplemental appropriation to the police department to fund this
purchase.
RECOMMENDATION:
Staff recommends authorization for the sole source purchase of one Lenco BearCat armored
vehicle through Lenco Industries Inc., of Pittsfield, Massachusetts, in the amount of $289,320, and
approval of a budget amendment in the General Fund, increasing the appropriation for
expenditures in the Police Department budget by $289,320.
CITY OF OWASSO
GENERALFUND
PAYROLL PAYMENT REPORT
PAY PERIOD ENDING 12/07119
Department Payroll Expenses Total Expenses
105 Municipal Court
6,216.84
8,502.60
110 Managerial
21,856.31
29,725.22
120 Finance
20,989.52
30,991.58
130 Human Resources
9,315.01
13,577.72
160 Community Development
16,477.83
24,935.06
170 Engineering
19,100.36
28,804.17
175 Information Systems
15,325.85
22,743.34
181 Support Services
9,162.38
13,663.05
190 Cemetery
1,188.80
2,511.35
201 Police Grant Overtime
2,480.20
2,514.02
215 Central Dispatch
32,726.62
48,950.96
221 Animal Control
4,030.81
5,951.33
250 Fire Safer Grant
26,034.98
40,141.82
280 Emergency Preparedness
2,189.94
3,476.87
370 Stormwater /ROW Maint.
5,554.35
8,933.23
515 Park Maintenance
7,702.36
11,905.90
520 Culture /Recreation
9,802.72
15,903.49
550 Community- Senior Center
5,831.42
7,763.48
580 Historical Museum
671.20
754.42
710 Economic Development
3,778.71
5,648.60
General Fund Total
220,436.21
327,398.21
185 Garage Fund Total 7,477.94 12 238.29
255 Ambulance Fund Total 553.85 622.53
250 Fire Fund 37 Total 165,548.89 245,064.62
201 Police Fund 38 Total 244,283.10 329,985.90
300 Streets Fund 39 Total 17,48184 28,478.47
370 Stormwater Fund 27 Total 2,702.04 4,952.34
150 Worker's Compensation Total 1,509.60 1,814,04
720 Strong Neighborhoods Total 4,762.47 6,692.80
CITY OF OWASSO
HEALTHCARE SELF INSURANCE FUND
CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 12112119
VENDOR DESCRIPTION
AETNA HEALTHCARE MEDICAL SERVICE
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
HEALTHCARE SELF INSURANCE FUND TOTAL
AMOUNT
62,225.89
33,149.22
67,071.86
25,480.93
16,979.37
204,907.27
10,246.20
1,294.92
2,582.54
14,123.66
219,030.93
CITY OF OWASSO
GENERAL FUND & HALF -PENNY SALES TAX
FISCAL YEAR 2019.2020
Budgetary Basis
Statement of Revenues & Expenditures
As of November 30, 2019
REVENUES:
Taxes
Licenses & permits
Intergovernmental
Charges for services
Fines & forfeits
Other
TOTAL REVENUES
EXPENDITURES:
Personal services
Materials & supplies
Other services
Capital outlay
Deferred Budget - Grant not awarded
TOTAL EXPENDITURES
REVENUES OVER EXPENDITURES
TRANSFERS IN (OUT):
Transfers in - Sales Tax
Transfers out
TOTAL TRANSFERS
NET INCOME (LOSS)
ENCUMBRANCES OUTSTANDING
FUND BALANCE (Budgetary Basis)
Beginning Balance
Ending Balance
C:\Users\ ennifer_ross \Documents \Book1
$ (585,634) $ 1,223,792 $ (2,786,116)
$ (1,322,328)
11,462,896 11,462,896
$ 11,364,360 $ 8,676,780
MONTH
YEAR
PERCENT
TO -DATE
TO -DATE
BUDGET
OF BUDGET
$
2,835,093
$
14,478,679
$
33,926,288
42.68%
15,694
129,293
196,676
65.74%
94,205
450,208
1,906,696
23.61%
75,071
307,640
802,869
38.32%
21,461
110,899
333,843
33.22%
61,467
243,614
301,374
80.83%
$
3,102,992
$
15,720,333
$
37,467,746
41.96%
$
(2,293,752)
$
(8,667,414)
$
(22,420,672)
38.667.
(107,297)
(456,981)
(1,521,386)
30.04%
(149,207)
(836,395)
(2,709,849)
30.87%
(253,844)
(666,393)
(3,942,518)
16.90%
0.00%
$
(2,804,100)
$
(10,627,183)
$
(30,594,425)
34.74%
$
298,892
$
5,093,150
$
6,873,320
$
1,396,142
$
7,264,358
$
17,255,727
42.107.
(2,280,668)
(11,133,716)
(26,915,163)
41.37%
$
(884,525)
$
(3,869,358)
$
(9,659,436)
40.06%
$ (585,634) $ 1,223,792 $ (2,786,116)
$ (1,322,328)
11,462,896 11,462,896
$ 11,364,360 $ 8,676,780