Loading...
HomeMy WebLinkAbout2020.05.19_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE MAY 15 2020 OWASSO CITY COUNCIL City Clerk's Office Council Chambers, Old Central Building 109 North Birch, Owasso, OK 74055 Tuesday, May 19, 2020 - 6:30 pm Pursuant to the COVID -19 Pandemic and the immediate local health threats posed by such pandemic, the following procedural changes will apply for this meeting: • The meeting will be available for viewing through YouTube Live Stream. httr)s://www.youtube.com/channel/UCxioXATOr7VRKOyo-Rdf2dlQ/Iive • The meeting will be audio recorded and available no later than the close of business on the following day at https: / /cityofowasso.com /525 /Meeting -Audio There will be no opportunity for citizen comment during this meeting. To address members of the City Council regarding any item listed on the agenda below, Citizens may submit questions /comments to the City Clerk, no later than 5:00pm on Tuesday, May 19, 2020, to be read into the record. Submit by phone 918 - 376 -1577 or by email to istevens @cityofowasso.com. • City Council members participating remotely via Teleconferencing [Title 25, Ok. Stat. 307.1(C)(2)] - Mayor Chris Kelley, Vice Mayor Bill Bush, Councilor Doug Bonebrake, Councilor Lyndell Dunn, Councilor Kelly Lewis AGENDA 1. Call to Order - Mayor Chris Kelley 2. Invocation 3. Roll Call 4. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes - May 5, 2020, and May 12, 2020, Regular Meetings B. Approve claims 5. Consideration and appropriate action relating to items removed from the Consent Agenda 6. Consideration and appropriate action relating to Ordinance 1164 and Ordinance 1165, closing to the public use certain street and utility easements for the Kum N Go Store #1858, located at 502 East 2nd Avenue (East 76th Street North) Karl Fritschen Staff recommends adoption of Ordinance 1164 and Ordinance 1165. Consideration and appropriate action relating to Ordinance 1166, for the annexation of approximately 8.722 acres located at 12525 East 116th Street North Karl Fritschen Staff recommends adoption of Ordinance 1166. Owasso City Council May 19, 2020 Page 2 8. Consideration and appropriate action relating to a Final Plat for Brighton Park Phase located approximately a '/2 mile north of East 106th Street North and west of Mingo Road Karl Fritschen Staff recommends approval of the Final Plat for Brighton Park Phase I. 9. Consideration and appropriate action relating to a Final Plat for Parker Village, located northeast of the East 106th Street north and Garnett Road intersection. Karl Fritschen Staff recommends approval of the Final Plat for Parker Village. 10. Consideration and appropriate action relating to bids received for the Owasso Police Department Firearms Range Observation Tower Project Scott Chambless Staff recommends rejecting all bids received for the project. Staff will revise the bid specifications and re- submit the project for bidding at a future date. 11. Consideration and appropriate action relating to a contract with the Fraternal Order of Police (FOP) Lodge #149 for FY 2020 -2021 Michele Dempster Staff recommends approval of the FY 2020 -2021 contract between the City of Owasso and the Fraternal Order of Police, Lodge #149, and authorization for the Mayor to execute the contract. 12. Consideration and appropriate action relating to a contract with the International Association of Firefighters (IAFF) Local #2789 for FY 2020 -2021 Michele Dempster Staff recommends ratification of the FY 2020 -2021 contract between the City of Owasso and the International Association of Firefighters, Local #2789, and authorization for the Mayor to execute the contract. 13. Report from City Manager 14. Report from City Attorney 15. Report from City Councilors 16. 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 May 9,2020 • Health Care Self- Insurance Claims - dated as of May 14, 2020 • Monthly Budget Status Report April 2020 • Red Flag Policy Annual Report dated May 1, 2020 17. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) Owasso City Council May 19, 2020 Page 3 18. Adjournment Notice of Public Meeting filed in the office of the City Clerk on Friday, December 13, 2019, and the Agenda posted at City Hall, 200 South Main St, at 6:00 pm on Fri ay May 15, 2020. Juliann M . Stevens, Cit clerk The City of Owasso encourages citizen participation. To request on accommodation due to a disability, contact the City Clerk at least 48 hours prior to the scheduled meeting by phone 918 -376 -1502 or by email to istevens@citvofowasso.com OWASSO CITY COUNCIL OWASSO PUBLIC WORKS AUTHORITY (OPWA) OWASSO PUBLIC GOLF AUTHORITY (OPGA) MINUTES OF JOINT REGULAR MEETING Tuesday, May 5, 2020 The Owasso City Council met in regular session on Tuesday, May 5, 2020, in the Council Chambers at Old Central, 109 North Birch, Owasso, Oklahoma per the Notice of Public Meeting filed December 13, 2019; and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 6:00 pm on Friday, May 1, 2019. As a result of the COVID -19 Pandemic and the immediate local health threats posted by such pandemic, each member of the City Council /Authorities attended the meeting via teleconferencing and this meeting was available for public viewing through YouTube Live Stream. 1. Call to Order Mayor Chris Kelley called the meeting to order at 6:30pm. 2. Invocation The Invocation was offered by Warren Lehr. 3. Flag Salute None 4. Presentation of Character Trait of Alertness Chad Balthrop, Character Council Member, presented the character trait for the month of May. 5. Oath of Office Julie Lombardi administered the Oath of Office for Ward 3, City Councilor /Trustee Bill Bush and Ward 4, City Councilor /Trustee Lyndell Dunn. 6. Roll Call Present Absent Mayor /Chair - Chris Kelley via teleconference None Vice- Mayor /Vice Chair- Bill Bush via teleconference Councilor /Trustee - Doug Bonebrake via teleconference Councilor /Trustee - Lyndell Dunn via teleconference Councilor /Trustee - Kelly Lewis via teleconference A quorum was declared present, Staff: City Manager - Warren Lehr City Attorney - Julie Lombardi Election of Mayor /OPWA Chair /OPGA Chair Mayor /Chair Chris Kelley called for a nomination for the positions of Mayor /Chair. Mr. Bush moved to elect Chris Kelley to serve as Mayor /OPWA Chair /OPGA Chair, seconded by Mr. Bonebrake. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 Owasso City Council, OPWA, OPGA May 5, 2020 Page 2 8. Election of Vice Mayor /OPWA Vice Chair /OPGA Vice Chair Mayor /Chair Kelley called for a nomination for the positions of Vice Mayor /Vice Chair. Mr. Kelley moved to elect Bill Bush to serve as Vice Mayor /OPWA Vice Chair /OPGA Vice Chair, seconded by Mr. Dunn. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 9. Consideration and appropriate action relating to the COVID -19 Pandemic and local public health issues Mayor Kelley introduced Warren Lehr to present the item, and discussion was held. 10. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve City Council minutes - April 21, 2020, Regular Meeting; April 23, 2020, Emergency Meeting; April 28, 2020, Special Meeting B. Approve OPWA minutes - April 21, 2020 Regular Meeting C. Approve OPGA minutes - April 21, 2020 Regular Meeting D. Approve claims - City Council, OPWA, and OPGA E. Approve the 2020 Oklahoma Municipal Assurance Group (OMAG) ballot, casting votes for Pam Polk (City Manager, City of Collinsville), Justin Battles (Assistant City Manager, City of Mustang), Tim Lyon (City Manager, City of Midwest City); and authorize the Mayor to execute the official ballot on behalf of the City of Owasso F. Accept public infrastructure improvements of one sanitary sewer manhole, extension of three public fire lines, and hydrants for Owasso High School West Campus located at 8800 North 129th East Avenue G. Accept the 2019 Traffic Signal Modification Project and authorize final payment to Traffic & Lighting Systems, LLC, of Oklahoma City, Oklahoma, in the amount of $12,492.08 H. Accept the Tributary 5A Stormwater Project and authorize final payment to Native Plains Excavation & Contracting, LLC, of Bixby, Oklahoma, in the amount of $24,566.15 Mr. Bush moved, seconded by Mr. Dunn to approve the Consent Agenda with City Council claims totaling $749,785.96, Owasso Public Works Authority claims totaling $634,175.91, and Owasso Public Golf Authority claims totaling $24,421.55. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 11. Consideration and appropriate action relating to items removed from the Consent Agenda None 12. Report from City Manager Warren Lehr introduced Roger Stevens to provide the monthly Public Works project status report. 13. Report from City Attorney None 14. Report from City Councilors Mayor Kelley commented on the re- election of Councilors Bush and Dunn. Owasso City Council, OPWA, OPGA May 5, 2020 Page 3 15. Official Notices to Council (documents for acknowledgment of receipt or information only, no discussion or action will be taken) The Mayor /Chair acknowledged receipt of the following: • Health Care Self- Insurance Claims dated as of April 29, 2020 • General Fund Payroll Payment Report - pay period ending date April 25, 2020 • Owasso Public Works Authority Payroll Payment Report - pay period ending date April 25, 2020 • Owasso Public Golf Authority Payroll Payment Report - pay period ending date April 25, 2020 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. Bonebrake moved, seconded by Mr. Dunn to adjourn the meeting. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None Motion carried: 5 -0 and the meeting adjourned at 7:07 pm. Chris Kelley, Mayor /OPWA Chair /OPGA Chair Juliann M. Stevens, City Clerk OWASSO CITY COUNCIL, PUBLIC WORKS AUTHORITY, AND PUBLIC GOLF AUTHORITY MINUTES OF JOINT REGULAR MEETING Tuesday, May 12, 2020 The Owasso City Council, Owasso Public Works Authority (OPWA), and Owasso Public Golf Authority (OPGA) met in a joint regular meeting on Tuesday, May 12, 2020, in the Council Chambers at Old Central, 109 North Birch, Owasso, Oklahoma per the Notice of Public Meeting filed December 13, 2019; and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 6:00 pm on Friday, May 8, 2019. As a result of the COVID -19 Pandemic and the health threats posted by such pandemic, each member of the City Council /Authorities attended the meeting via teleconferencing and each meeting was available for public viewing through YouTube Live Stream. 1. Call to Order /Roll Call - Mayor /Chair Chris Kelley called the meeting to order at 6:00 pm. Present Absent Mayor /Chair- Chris Kelley via teleconference None Vice - Mayor /Vice Chair- Bill Bush via teleconference Councilor /Trustee - Doug Bonebrake via teleconference Councilor /Trustee - Lyndell Dunn via teleconference Councilor /Trustee - Kelly Lewis via teleconference A quorum was declared present. 2. Consideration and appropriate action relating to the COVID -19 Pandemic and local public health issues Mayor Kelley presented the item and discussion was held. 3. Discussion relating to Community Development Items A. Request for Street and Utility Easement Closures - Kum N Go Store # 1858, located at 502 East 2nd Avenue (East 76th Street North) B. Request for Annexation (OA 20 -01) - 8.722 acres located at 12525 East 116th Street North C. Request for Final Plat - Brighton Park Phase I, 3.43 acres located approximately % mile north of East 106th Street North and west of Mingo Road D. Request for Final Plat - Parker Village, 57.54 acres located northeast of the East 106th Street North and Garnett Road intersection Brian Dempster presented the items and discussion was held. It was further explained that these items would be placed on the May 19, 2020, City Council agenda for consideration and action. 4. Discussion relating to Human Resources Items A. Proposed FY 2020-2021 contract with the Fraternal Order of Police, Lodge # 149 B. Ratification of the FY 2020-2021 contract with the International Association of Fire Fighters, Local #2789 Michele Dempster presented the items and discussion was held. It was further explained that these items would be placed on the May 19, 2020, City Council agenda for consideration and action. 5. Presentation of the proposed FY 2020-2021 Annual Operating Budget Warren Lehr and Linda Jones presented the item and discussion was held. It was further explained that the required public hearing would take place during the June 2, 2020, City Council meeting. Owasso City Council, OPWA & OPGA May 12, 2020 Page 2 6. Discussion relating to City Manager items A. Monthly sales tax report B. City Manager report Warren Lehr introduced Linda Jones to present item A and discussion was held. Mr. Lehr commented on National Police Week, National Public Works Week, the retirement of Assistant Fire Chief, Mark Stuckey, and advised mediation will be held Thursday May 14, 2020 in the City of Owasso vs. Keys Plus Properties, LLC case. 7. City Councilor/Trustee comments and inquiries None 8. Adjournment Mr. Bonebrake moved, seconded by Mr. Dunn to adjourn the meeting. YEA: Bonebrake, Bush, Dunn, Lewis, Kelley NAY: None The meeting adjourned at 7:07 pm. Chris Kelley, Mayor /Chair Juliann M. Stevens, City Clerk Claims List - 5/19/2020 Fund Vendor Name Payable Description Payment Amount 01 GENERAL JPMORGAN CHASE BANK DOLLAMUR -BAGS $199.96 FEDERAL FORFT NON GRANT • Total AMAZON -MEMB FEE $199.96 JPMORGAN CHASE BANK AMAZON- SUPPLIES $2,662.82 JPMORGAN CHASE BANK CORNERSTONE - SUPPLIES $5.61 JPMORGAN CHASE BANK DASH MED- SUPPLIES $1,006.60 JPMORGAN CHASE BANK EQUIP ONE - MATERIALS $5.03 JPMORGAN CHASE BANK GLOBAL INDUS - SUPPLIES $26.46 JPMORGAN CHASE BANK HENRY SCHEIN- SUPPLIES $74.42 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $179.36 JPMORGAN CHASE BANK KUM &GO- SUPPLIES $193.03 JPMORGAN CHASE BANK LIFE ASSIST- SUPPLIES $505.60 JPMORGAN CHASE BANK LOWES- SUPPLIES $281.82 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $84.98 JPMORGAN CHASE BANK RED FORK -HAND SANITIZ $125.00 JPMORGAN CHASE BANK TRACTOR SPLY- SUPPLIES $4.95 JPMORGAN CHASE BANK ZOOM - SERVICE $149.90 FEMA COVID -19 -Total $5,305.58 JPMORGAN CHASE BANK CANINE UNLMTD -K9 OFFC $10,000.00 FRIENDS OF OPD DONATION -Total AMAZON -MEMB FEE $10,000.00 AT &T LONG DISTANCE PHONE $4.36 BLUE ENERGY FUELS, LLC CNG FUEL PURCH - APRIL, 2 $29.31 CITY GARAGE LABORIOVERHEAD - MAY, 202 $305.17 FLEETCOR TECHNOLOGIES FUELMAN EXP - APRIL, 2020 $21.81 JPMORGAN CHASE BANK AMAZON- SUPPLIES $514.57 JPMORGAN CHASE BANK LOWES- SUPPLIES $243.98 JPMORGAN CHASE BANK OREILLY -PARTS $38.95 JPMORGAN CHASE BANK PETSMART- SUPPLIES $96.95 JPMORGAN CHASE BANK SOUTHERN AG- SUPPLIES $1.65 JPMORGAN CHASE BANK TRACTOR SPLY- SUPPLIES $12.21 JPMORGAN CHASE BANK WATERSTONE- CLEANING $117.60 VERIZON WIRELESS WIRELESS CONNECTION $80.02 GEN ANIMAL CONTROL -Total $1,466.58 JPMORGAN CHASE BANK BROWN FARMS -SOD $160.00 JPMORGAN CHASE BANK CORNERSTONE - SCREWS $11.49 UNIFIRST HOLDINGS LP UNIFORM SERVICE $19.32 GEN CEMETERY -Total $190.81 AT &T LONG DISTANCE PHONE $1.83 JPMORGAN CHASE BANK AMAZON -MEMB FEE $119.00 JPMORGAN CHASE BANK LOWES- SUPPLIES $23.22 JPMORGAN CHASE BANK MYSRCENTER -FEE $225.00 1 Claims List - 5/19/2020 Fund Vendor Name Payable Description Payment Amount 01 GENERAL ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $154.65 SUMNERONE INC COPIER LEASE $151.00 SUMNERONE INC COPIER SERVICE $90.63 GEN COMMUNITY CENTER -Total HOBBY LOBBY - SUPPLIES $765.33 BLUE ENERGY FUELS, LLC CNG FUEL PURCH - APRIL, 2 $71.41 CITY GARAGE LABORIOVERHEAD - MAY, 202 $433.75 FLEETCOR TECHNOLOGIES FUELMAN EXP - APRIL, 2020 $63.41 HAROLD RANDALL PINNEY CODE ENFORCEMENT MOWING $100.00 VERIZON WIRELESS 4 $40.01 JPMORGAN CHASE BANK ICC -EXAM FEE $219.00 KENNETH LIVINGSTON MOWING $500.00 TULSA COUNTY CLERK TULSA COUNTY FILINGS $36.00 VERIZON WIRELESS WIRELESS CONNECTION $166.46 GEN COMMUNITY DEVELOPMENT -Total $1,590.03 FELKINS ENTERPRISES, LLC SIGNS $180.00 JPMORGAN CHASE BANK AMAZON -RISER $19.97 JPMORGAN CHASE BANK CANVA - MARKETING $25.90 JPMORGAN CHASE BANK HOBBY LOBBY - SUPPLIES $23.93 JPMORGAN CHASE BANK NEXTCARE - VACCINES $200.00 GEN CULTURE & RECREATION -Total OZARK -EQUIP $449.80 JPMORGAN CHASE BANK ADOBE - MONTHLY FEE $29.99 JPMORGAN CHASE BANK OK NEWS -FEE $7.58 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN ECONOMIC DEV -Total $77,58 CITY GARAGE LABORIOVERHEAD - MAY, 202 $74.33 FLEETCOR TECHNOLOGIES FUELMAN EXP - APRIL, 2020 $16.45 VERDIGRIS VALLEY ELECTRIC COOP ELECTRIC BILLS FOR 3 STOR $31.51 VERDIGRIS VALLEY ELECTRIC COOP STORM SIREN ELECTRIC $63.10 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN EMERG PREPAREDNESS -Total $225.40 CITY GARAGE LABOR/OVERHEAD - MAY, 202 $586.08 FLEETCOR TECHNOLOGIES FUELMAN EXP - APRIL, 2020 $128.30 JPMORGAN CHASE BANK ADMIRAL EXP -PAPER $60.00 JPMORGAN CHASE BANK DELL -PC $1,065.07 JPMORGAN CHASE BANK GRAPHIC RES- SERVICE $693.00 JPMORGAN CHASE BANK OZARK -EQUIP $343.51 JPMORGAN CHASE BANK OZARK- RENTAL $233.50 JPMORGAN CHASE BANK PCSERVER -VIDEO CARD $324.99 JPMORGAN CHASE BANK PMKTECHKNOW -VID CARD $5.97 UNIFIRST HOLDINGS LP UNIFORM SERVICE $28.44 VERIZON WIRELESS WIRELESS CONNECTION $80.02 PA Claims List - 511912020 Fund Vendor Name Payable Description Payment Amount 01 GENERAL GEN ENGINEERING -Total ADM EXP- SUPPLIES $3,548.88 CITY GARAGE LABORIOVERHEAD - MAY, 202 $68.08 JPMORGAN CHASE BANK DELL - MONITOR $254.99 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $5.86 JPMORGAN CHASE BANK SCOTTWIEMKE- SUPPLIES $70.00 GEN FINANCE -Total $398.93 JPMORGAN CHASE BANK ADM EXP- SUPPLIES $90.00 JPMORGAN CHASE BANK ADMIRAL EXP - SUPPLIES $60.00 JPMORGAN CHASE BANK AMER WASTE- RENTAL $90.09 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $327.28 RICOH USA, INC. (DOWNSTAIRS) COPIER SERVI $914.61 SUMNERONE INC (UPSTAIRS) COPIER SERVICE $295.52 TULSA COUNTY CLERK TULSA COUNTY FILINGS $18.00 VERIZON WIRELESS WIRELESS CONNECTION $43.15 ZENCITY TECHNOLOGIES US COMM RELATIONS SVCS $24,000.00 GEN GENERAL GOVERNMENT -Total $25,838.65 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $33.91 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $62.39 GEN HISTORICAL MUSEUM -Total $96.30 JPMORGAN CHASE BANK ADMIRAL EXP -PAPER $201.30 GEN HR - CHAR INITIATIVE - Total $201.30 AMERICANCHECKED, INC ATTN: BILLING BACKGROUND CHECKS $616.10 JPMORGAN CHASE BANK AMAZON -BOOKS $67.75 JPMORGAN CHASE BANK GIANT TV -EMP DEV $305.43 JPMORGAN CHASE BANK GIANT TV- REFUND ($610.87) JPMORGAN CHASE BANK MAIL THIS - POSTAGE $23.58 JPMORGAN CHASE BANK NEXTCARE- TESTING $475.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $9.09 JPMORGAN CHASE BANK OK SAFETY - WEBINAR $15.00 JPMORGAN CHASE BANK STRATA - MAGAZINES $1,036.91 MCAFEE & TAFT LEGAL-PERSONNEL $130.00 GEN HUMAN RESOURCES -Total $2,067.99 AV CAPTURE ALL, INC. COUNCIL MEETING AUDIO REC $2,388.00 CITY GARAGE LABOR(OVERHEAD - MAY, 202 $68.08 FLEETCOR TECHNOLOGIES FUELMAN EXP - APRIL, 2020 $18.46 JPMORGAN CHASE BANK AMAZON -SURGE PROTECTO $149.70 JPMORGAN CHASE BANK BEST BUY- MICROPHONE $129.99 JPMORGAN CHASE BANK BEST BUY- REFUND ($129.99) JPMORGAN CHASE BANK EBAY -VIDEO CARD $75.00 JPMORGAN CHASE BANK GAMESTOP- REFUND ($159.99) K3 Claims List - 5/19/2020 Fund Vendor Name Payable Description Payment Amount 01 GENERAL JPMORGAN CHASE BANK LOWES -PARTS $118.58 JPMORGAN CHASE BANK SCOTTWIEMKE- BACKUPS $490.00 RAMUNDSEN SUPERIOR HOLDINGS COGNOS LICENSE RENEWAL $8,351.00 VERIZON WIRELESS WIRELESS CONNECTION $200.05 GEN INFORMATION TECH -Total WATER $11,589.26 CITY GARAGE LABOR/OVERHEAD - MAY, 202 $89.92 FLEETCOR TECHNOLOGIES FUELMAN EXP - APRIL, 2020 $12.63 JPMORGAN CHASE BANK OK MUN- REFUND ($75.00) JPMORGAN CHASE BANK OWASSO CHAMBER -FEE $50.00 GEN MANAGERIAL -Total CORNERSTONE -LAWN SPRA $77,55 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $5.85 YOUTH SERVICES OF TULSA YOUTH COURT $4,125.00 GEN MUNICIPAL COURT -Total $4,130.85 BLUE ENERGY FUELS, LLC CNG FUEL PORCH - APRIL, 2 $118.58 CHRISTOPHER WALKER PARK RESTROOMS JANITORIAL $1,300.00 CITY GARAGE LABOR /OVERHEAD - MAY, 202 $1,636.83 CITY GARAGE VEH PARTS PURCH - APRIL, $1,382.52 CITY OF OWASSO WATER $985.50 FLEETCOR TECHNOLOGIES FUELMAN EXP - APRIL, 2020 $247.73 JPMORGAN CHASE BANK ATWOODS- GLOVES $20.99 JPMORGAN CHASE BANK C &C SPLY- CLEANER $358.50 JPMORGAN CHASE BANK C &C SPLY- SUPPLIES $116.40 JPMORGAN CHASE BANK CORNERSTONE -LAWN SPRA $134.99 JPMORGAN CHASE BANK LOWES -PAINT $41.74 JPMORGAN CHASE BANK LOWES- SUPPLIES $19.96 JPMORGAN CHASE BANK PARKSUPWIL- SUPPLIES $837.50 OKLAHOMA FACILITY SERVICES CENTENNIAL PARK MOWING 4/ $1,950.00 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $45.77 ROGERS COUNTY RURAL WATER PARKS WATER SERVICE $300.15 DISTRICT UNIFIRST HOLDINGS LP PARKS STAFF UNIFORMS $66.48 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN PARKS -Total $9,603.65 DEPARTMENT OF PUBLIC SAFETY OLETS $495.00 JPMORGAN CHASE BANK AMAZON- REFUND ($337.98) JPMORGAN CHASE BANK DELL - MONITORS $435.18 JPMORGAN CHASE BANK DELL -SOUND BAR $28.79 JPMORGAN CHASE BANK HEADSETS DIRECT -SUPPL $1,005.31 JPMORGAN CHASE BANK LANGUAGE LINE -SVC $110.30 JPMORGAN CHASE BANK LOWES - SUPPLIES $80.96 JPMORGAN CHASE BANK MEETING EXPENSE $228.04 3 Claims List - 5/19/2020 Fund Vendor Name Payable Description Payment Amount 01 GENERAL JPMORGAN CHASE BANK NEXTCARE- VACCINES $200.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $38.62 JPMORGAN CHASE BANK SCOTTWIEMKE -PC EQUIP $70.00 JPMORGAN CHASE BANK WATERSTONE- CLEANING $185.55 TORRIE WOODS PARTIAL SPRING TUITION RE $1,071.30 GEN POLICE COMMUNICATIONS -Total ATWOODS -TRASH BAGS $3,611.07 JPMORGAN CHASE BANK GALLS -VEST $842.70 GEN POLICE DOJ VEST GRT -Total $842.70 BLUE ENERGY FUELS, LLC CNG FUEL PURCH - APRIL, 2 $551.36 CITY GARAGE LABOR/OVERHEAD - MAY, 202 $3,996.17 CITY GARAGE VEH PARTS PURCH - APRIL, $746.85 FLEETCOR TECHNOLOGIES FUELMAN EXP - APRIL, 2020 $893.69 JPMORGAN CHASE BANK ATWOODS -JACK $29.99 JPMORGAN CHASE BANK ATWOODS -TRASH BAGS $25.98 JPMORGAN CHASE BANK GRAINGER -PPE $49.21 JPMORGAN CHASE BANK OREILLY- BATTERY $47.74 JPMORGAN CHASE BANK OREILLY- CABLES $49.98 JPMORGAN CHASE BANK OREILLY- REPAIR KIT $5.82 JPMORGAN CHASE BANK STANDARD SPLY -TIRE $139.00 JPMORGAN CHASE BANK UNITED SKIDTRKS -TRACK $2,080.00 UNIFIRST HOLDINGS LP UNIFORM SERVICE $113.50 VERIZON WIRELESS WIRELESS CONNECTION $80.02 GEN STORMWATER -Total $8,809.33 BLUE ENERGY FUELS, LLC CNG FUEL PURCH - APRIL, 2 $68.50 CITY GARAGE LABORIOVERHEAD - MAY, 202 $797.42 CITY GARAGE VEH PARTS PURCH - APRIL, $8.06 FLEETCOR TECHNOLOGIES FUELMAN EXP - APRIL, 2020 $5.96 JPMORGAN CHASE BANK AMAZON -WATER FILTER $103.80 JPMORGAN CHASE BANK HOME DEPOT - LIGHTS $29.58 JPMORGAN CHASE BANK LOWES - MATERIALS $11.98 JPMORGAN CHASE BANK LOWES -PAINT $8.94 JPMORGAN CHASE BANK LOWES - SUPPLIES $4.48 JPMORGAN CHASE BANK MURPHY - SUPPLIES $249.60 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $7.99 JPMORGAN CHASE BANK SAMS - LIGHTS $274.90 MCINTOSH CORPORATION HEATING & A/C SOFTWARE UP $4,458.00 STEPHEN R GRINTER A/C REPAIRS OC BLDG $215.00 STEPHEN R GRINTER AIR CONDITIONING REPAIRS $90.00 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES $23.60 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN SUPPORT SERVICES -Total $6,397.82 5 Claims List - 5/19/2020 Fund Vendor Name Payable Description Payment Amount 01 GENERAL AEP IPSO STREET LIGHTS $9.00 GENERAL -Total $9.00 EARTH SMART CONSTRUCTION INC OLD CENTRAL CONTAINERS - $2,390.00 REDBUD FESTIVAL PARK -Total $2,390.00 GENERAL -Total $99,884.35 20 AMBULANCE SERVICE CITY GARAGE LABOR/OVERHEAD - MAY, 202 $931.00 FLEETCOR TECHNOLOGIES FUELMAN EXP - APRIL, 2020 $1,194.86 JPMORGAN CHASE BANK AMAZON- MONITOR $287.98 JPMORGAN CHASE BANK COMM POWER SOL- REPAIR $19239 JPMORGAN CHASE BANK HENRY SCHEIN - SUPPLIES $492.06 JPMORGAN CHASE BANK LIFE ASSIST- SUPPLIES $1,665.92 JPMORGAN CHASE BANK NAIL REGIS -EMT RENEW $25.00 JPMORGAN CHASE BANK OREILLY- REPAIR $20.66 JPMORGAN CHASE BANK S ANESTHESIA- SUPPLIES $651.72 JPMORGAN CHASE BANK ULINE - SUPPLIES $177.37 JPMORGAN CHASE BANK ZOLL- SUPPLIES $1,378.18 STEPHEN R GRINTER SVC CALL & EST FOR ICE MA $90.00 TOTAL RETURNS, INC. RX DISPOSAL $629.50 VERIZON WIRELESS WIRELESS CONNECTION $40.01 AMBULANCE -Total $7,776.65 CHARLES PERMAUL AMBULANCE REFUND $250.00 AMBULANCE SERVICE -Total $250.00 AMBULANCE SERVICE -Total $8,026,65 21 E -911 AT &T T -1 CIRCUITS AT RADIO TOW $955.92 MOTOROLA SOLUTIONS, INC MAY BILLING UNDER SVC AGM $2,388.74 E911 COMMUNICATIONS -Total $3,344.66 E -911 -Total $3,344.66 25 HOTEL TAX CITY GARAGE LABOR/OVERHEAD - MAY, 202 $139.58 STRONG NEIGHBORHOODS -Total $139.58 HOTELTAX -Total $139.58 27 STORMWATER MANAGEMENT JPMORGAN CHASE BANK LOWES- SHOVEL $28.98 MESHEK & ASSOCIATES, P.L.C. ENGINEERING SERVICES - $4,127.50 UNIFIRST HOLDINGS LP UNIFORM SERVICE $26.22 VERIZON WIRELESS WIRELESS CONNECTION $40.01 STORMWATER- STORMWATER -Total $4,222.71 STORMWATER MANAGEMENT -Total $4,222.71 34 VISION TAX BKL INCORPORATED ENGINEERING SERVICES - E $4,695.00 MESHEK & ASSOCIATES, P.L.C. ROW ACQUISITION SERVICES $22,500.00 VSN RECAP 96TH/I19 -129TH -Total $27,195.00 11 Claims List - 5/19/2020 Fund Vendor Name Payable Description Payment Amount 34 VISION TAX TULSA COUNTY CLERK TULSA COUNTY FILINGS $46.00 VSN RECAP GARNETT TO 129 -Total $46.00 GARVER ENGINEERING SERVICES - 11 $2,848.56 TULSA COUNTY CLERK TULSA COUNTY FILINGS $22.00 VSN RECAP MINGO TO GARNET -Total $2,870.56 VISION TAX -Total $30,111.56 35 PARK DEVELOPMENT ALL MEDIA INTEGRATION LLC REDBUD FESTIVAL PARK SOUN $16,876.84 PARK DEV REDBUD PARK - Total $16,876.84 PDG, INC. FEATURE SPLASH PAD $5,200.00 PARK DEV SPLASH PAD - Total $5,200.00 PARK DEVELOPMENT -Total $22,076.84 37 SALES TAX FIRE BLUE ENERGY FUELS, LLC CNG FUEL PURCH - APRIL, 2 $37.35 CITY GARAGE LABOR/OVERHEAD - MAY, 202 $2,279.00 CITY GARAGE VEH PARTS PURCH -APRIL, $23,958.13 CITY OF OWASSO WATER $129.50 DALE & LEES SERVICE, INC REPAIR $1,280.00 FLEETCOR TECHNOLOGIES FUELMAN EXP - APRIL, 2020 $1,390.17 JPMORGAN CHASE BANK AMAZON- CHARGER $19.10 JPMORGAN CHASE BANK AMAZON -SD CARDS $53.43 JPMORGAN CHASE BANK AMAZON -WATER FILTER $51.90 JPMORGAN CHASE BANK HUSKY - SHIPPING $27.35 JPMORGAN CHASE BANK LOCKE- MATERIALS $21.20 JPMORGAN CHASE BANK LOWES -SUPP $13.98 JPMORGAN CHASE BANK LOWES - SUPPLIES $7.06 JPMORGAN CHASE BANK NORTHERN SAFETY -REFUN ($3,438.00) JPMORGAN CHASE BANK NORTHERN SAFETY -REPAI $255.00 JPMORGAN CHASE BANK NORTHERN SAFETY -SERVI $3,536.50 JPMORGAN CHASE BANK PIKEPASS -FEES $25.85 JPMORGAN CHASE BANK PSN -FEE $2.45 JPMORGAN CHASE BANK STRAPWORKS- WEBBING $107.19 JPMORGAN CHASE BANK TE EX COMM - TRAINING $20.00 JPMORGAN CHASE BANK ULINE- SUPPLIES $201.97 JPMORGAN CHASE BANK WASH CO RWD -WATER $71.00 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $474.67 VERIZON WIRELESS WIRELESS CONNECTION $946.70 SALES TAX FUND -FIRE - Total $31,471.50 SALES TAX FIRE -Total $31,471.50 38 SALES TAX POLICE BLUE ENERGY FUELS, LLC CNG FUEL PURCH -APRIL, 2 $4.69 CITY GARAGE LABOR/OVERHEAD - MAY, 202 $10,660.67 CITY GARAGE VEH PARTS PURCH - APRIL, $1,751.95 VA Fund 38 SALES TAX POLICE Claims List - 5/19/2020 Vendor Name Payable Description Payment Amount CITY OF OWASSO WATER $38.50 FLEETCOR TECHNOLOGIES FUELMAN EXP - APRIL, 2020 $3,692.93 JPMORGAN CHASE BANK ACTION TARGETS - SUPPLI $424.68 JPMORGAN CHASE BANK AMAZON -PARTS $39.99 JPMORGAN CHASE BANK AMAZON- SUPPLIES $856.78 JPMORGAN CHASE BANK AMER WASTE- RENTAL $108.95 JPMORGAN CHASE BANK AT YR SVC- RENTAL $160.00 JPMORGAN CHASE BANK AT &T- SERVICE $125.00 JPMORGAN CHASE BANK BROWNELLS- SUPPLIES $531.67 JPMORGAN CHASE BANK CANINE UNLMTD- TRAININ $3,500.00 JPMORGAN CHASE BANK DELL - MONITOR $254.99 JPMORGAN CHASE BANK DELL -SOUND BAR $33.29 JPMORGAN CHASE BANK FACEBOOK -AD $20.00 JPMORGAN CHASE BANK FAMILY ANML MED -K9 ME $670.39 JPMORGAN CHASE BANK FEDEX- COPYING $11.56 JPMORGAN CHASE BANK GALLS - UNIFORM $11192 JPMORGAN CHASE BANK GALLS - UNIFORM ITEMS $528.53 JPMORGAN CHASE BANK GALLS -VEST $1,214.50 JPMORGAN CHASE BANK HRDPOLICE - TRAINING $515.00 JPMORGAN CHASE BANK IACP -DUES $380.00 JPMORGAN CHASE BANK INTEGRIS- PHYSICAL $475.00 JPMORGAN CHASE BANK LOWES- SUPPLIES $8.96 JPMORGAN CHASE BANK MOTOROLA - REPAIR $560.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $93.84 JPMORGAN CHASE BANK OREILLY -PARTS $9.40 JPMORGAN CHASE BANK PALMETTO STATE - SUPPLI $1,480.00 JPMORGAN CHASE BANK PETSMART -K9 SUPPPLIES $230.97 JPMORGAN CHASE BANK PETSMART- SUPPLIES $307.96 JPMORGAN CHASE BANK PHOTOSHOP- SUBSCRIPTIO $119.88 JPMORGAN CHASE BANK QT- SUPPLIES $9.98 JPMORGAN CHASE BANK SAMS- SUPPLIES $158.44 JPMORGAN CHASE BANK SAV ON- SUPPLIES $660.50 JPMORGAN CHASE BANK SOUTHERN AG -K9 SUPPPL $76.99 JPMORGAN CHASE BANK SPECIAL OPS- AWARDS $317.00 JPMORGAN CHASE BANK STANDARD SPLY- REPAIR $43.00 JPMORGAN CHASE BANK TEEX ECOMM - TRAINING $200.00 JPMORGAN CHASE BANK THOMSON WEST -CLEAR AC $396.78 JPMORGAN CHASE BANK ULTIMATE VEH -EQUIP $1,731.98 JPMORGAN CHASE BANK USPS- MAILING COSTS $29.95 JPMORGAN CHASE BANK USPS- POSTAGE $38.35 JPMORGAN CHASE BANK VIEVU- REPAIR $3,887.00 e Claims List - 5/19/2020 Fund Vendor Name Payable Description Payment Amount 38 SALES TAX POLICE JPMORGAN CHASE BANK WALMART- SUPPLIES $315.86 JPMORGAN CHASE BANK WATERSTONE- CLEANING $2,602.26 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $330.05 SUMNERONE INC COPIER LEASE $106.43 SUMNERONE INC COPIER SERVICES $24.00 VERIZON WIRELESS WIRELESS CONNECTION $1,207.12 SALES TAX FUND - POLICE -Total $41,059.69 SALES TAX POLICE • Total $41,059.69 39 SALES TAX STREETS JPMORGAN CHASE BANK EAGLE REDI- CONCRETE $17,304.00 PLEASANTVIEW ST REPAIR -Total $17,304.00 AEP IPSO STREET LIGHTS $6,498.39 BLUE ENERGY FUELS, LLC CNG FUEL PURCH - APRIL, 2 $300.19 CINTAS CORPORATION FIRST AID SUPPLIES - INV# $61.61 CITY GARAGE LABOR/OVERHEAD - MAY, 202 $2,975.17 CITY GARAGE VEH PARTS PURCH - APRIL, $3,878.85 FLEETCOR TECHNOLOGIES FUELMAN EXP - APRIL, 2020 $1,138.70 JPMORGAN CHASE BANK AMAZON -MASKS $106.23 JPMORGAN CHASE BANK ANCHOR STONE -ROCK $2,143.60 JPMORGAN CHASE BANK ATWOODS -BOOTS $139.99 JPMORGAN CHASE BANK BROWN CO -PPE $54.00 JPMORGAN CHASE BANK BROWN FARMS -SOD $117.50 JPMORGAN CHASE BANK BUMP2BUMP- MATERIALS $26.25 JPMORGAN CHASE BANK CORNERSTONE -KEYS $20.04 JPMORGAN CHASE BANK CRAFCO -COLD PATCH $110.00 JPMORGAN CHASE BANK DUNHAMS- ASPHALT $313.85 JPMORGAN CHASE BANK EQUIP ONE -TANK REFILL $15.26 JPMORGAN CHASE BANK GRAINGER -PPE $49.21 JPMORGAN CHASE BANK HOME DEPOT - LUMBER $22.02 JPMORGAN CHASE BANK HOME DEPOT -TOOLS $299.00 JPMORGAN CHASE BANK MAXWELL -DOWEL RODS $139.60 JPMORGAN CHASE BANK MAXWELL- SUPPLIES $289.91 JPMORGAN CHASE BANK NEXTCARE - VACCINES $200.00 JPMORGAN CHASE BANK P &K -KEY $21.25 JPMORGAN CHASE BANK PIKEPASS -FEES $18.00 JPMORGAN CHASE BANK RED WING -BOOTS $345.00 JPMORGAN CHASE BANK TWIN CITIES - CONCRETE $200.00 JPMORGAN CHASE BANK WELSCO - BOTTLES $36.22 JPMORGAN CHASE BANK WHITE STAR - RENTAL $219.40 UNIFIRST HOLDINGS LP UNIFORM SERVICE $253.07 VERDIGRIS VALLEY ELECTRIC COOP CHAMPION STREET LIGHT $81.56 VERDIGRIS VALLEY ELECTRIC COOP SECURITY LIGHT $6.79 M Fund Claims List - 5/19/2020 Vendor Name 39 SALES TAX STREETS VERIZON WIRELESS Payable Description Payment Amount WIRELESS CONNECTION $80.02 SALES TAX FUND-STREETS -Total $20,160.68 SALES TAX STREETS -Total $37,464.68 40 CAPITAL IMPROVEMENTS MESHEK & ASSOCIATES, P.L.C. LAKERIDGE /CENTRAL PARK DR $15,705.15 CIP LAKERIDGE/CNTL PARK -Total $15,705.15 JPMORGAN CHASE BANK EZ STAK -VEH EQUIP $1,642.85 CIP POLICE VEHICLES -Total $1,642.85 GRADE LINE CONSTRUCTION CONSTRUCTION SERVICES - F $43,791.93 FY18.19 STREET REHAB -Total $43,791.93 CAPITAL IMPROVEMENTS -Total $61,139.93 70 CITY GARAGE BLUE ENERGY FUELS, LLC CNG FUEL PURCH -APRIL, 2 $10.58 JPMORGAN CHASE BANK AMERIFLEX - FITTINGS $26.00 JPMORGAN CHASE BANK AMERIFLEX -PARTS $36.30 JPMORGAN CHASE BANK AMERIFLEX- REPAIR $9.50 JPMORGAN CHASE BANK AVS -PARTS $100.17 JPMORGAN CHASE BANK GOODYEAR- RECAPS $1,259.88 JPMORGAN CHASE BANK GRAINGER -PARTS $94.61 JPMORGAN CHASE BANK HESSELBEIN -TIRE $700.12 JPMORGAN CHASE BANK HESSELBEIN -TIRES $835.42 JPMORGAN CHASE BANK JIM NORTON -PARTS $46.69 JPMORGAN CHASE BANK ROBERTSON -PARTS $423.44 JPMORGAN CHASE BANK SUMMIT -PARTS $1,281.02 JPMORGAN CHASE BANK WELSCO- REFUND ($47.03) ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE $167.14 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES $55.26 CITY GARAGE -Total $4,999.10 CITY GARAGE -Total $4,999.10 76 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WOREKRS COMP CLAIMS ($88.74) CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS $13,560.59 JPMORGAN CHASE BANK WORKERS COMP - PERMIT F $1,001.00 WORKERS' COMP SELF -INS -Total $14,472.85 WORKERS' COMP SELF -INS -Total $14,472.85 77 GENERAL LIABILITY - PROPERT JPMORGAN CHASE BANK PRUITTS AUTO - REPAIR $1,237.80 GEN LIAB -PROP SELF INS -Total $1,237.80 GENERAL LIABILITY - PROPERT - Total $1,237.80 City Grand Total $359,651.90 10 TO: The Honorable Mayor and City Council FROM: Karl Fritschen RLA, AICP Planning Manager SUBJECT: Ordinance 1164 and Ordinance 1165, Utility and Street Easement Closure Request DATE: May 15, 2020 BACKGROUND: The City of Owasso received a request from Kum and Go for the closing of three (3) easements located and described as follows: CLOSURE OF A 20' UTILITY EASEMENT (Ordinance 116 A total of 3,743 square feet of the 20' utility easement on Lot 2, Block 2, Owasso Business Park. The property location is the 502 East 2nd Avenue (502 East 76th Street North), Owasso, Oklahoma. CLOSURE OF A 15' UTILITY EASEMENT (Ordinance 1164) A total of 124.96 square feet of the 15' utility easement on Lot 2, Block 2, Owasso Business Park. The property location is the 502 East 2nd Avenue (502 East 76th Street North), Owasso, Oklahoma. CLOSURE OF A 7.56' STREET EASEMENT (Ordinance 11651 A total of 945 square feet of the 7.56' street easement on Lot 2, Block 2, Owasso Business Park. The property location is the 502 East 2nd Avenue (502 East 761h Street North), Owasso, Oklahoma. The subject easements are located on the recently approved Replat of Lot 2 Block 2, Owasso Business Park Kum and Go # 1858 for a new Kum and Go store located at 502 East 2nd Avenue (502 East 76th Street North). During the course of the platting of this property, half of which was unplatted, it was discovered that there were old easements recorded by separate instrument that serviced the property. The applicant has determined that these easements are unnecessary or redundant and no longer needed. Further, removing the easements from the books ensures clear title to the property. All required notices were sent to all franchise holders and utility companies. The City of Owasso Public Works Department was also contacted regarding the closing of the portion of the easement and indicated there should be no impact to future utilities. No other utilities appear to be affected by the closing of these portions of each easement. No utility company expressed an issue with the proposed closing of the easement. Should the City Council approve to close these easements, the applicant will need to take them to District Court and file for vacation of the easements, which will completely remove them from the books. TECHNICAL ADVISORY COMMITTEE: The Technical Advisory Committee reviewed the request at their April 15, 2020, meeting. No comments or concerns regarding negative impacts to utilities were expressed at the meeting. Easement closures Kum and Go Page 2 of 2 RECOMMENDATION: Staff recommends adoption Ordinance 1 164 and Ordinance 1165. ATTACHMENTS: Aerial Map Ordinance 1164 Ordinance 1165 Kum and Go #1858 Easement Closures 76th St N CITY OF OWASSO, OKLAHOMA ORDINANCE 1164 AN ORDINANCE CLOSING TO THE PUBLIC USE TWO (2) UTILITY EASEMENTS LOCATED IN THE NORTHWEST QUARTER (NW /4) OF THE NORTHEAST QUARTER (NE /4) OF THE NORTHEAST QUARTER (NE /4) OF SECTION THIRTY -ONE (31), T -21 -N, R -14 -E OF THE I.B.BM., TULSA COUNTY, STATE OF OKLAHOMA, OWASSO, OKLAHOMA, REFERENCING FILED PLAT NUMBER 4204 WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient to close to the public use, the utility easements herein attached as Exhibits "A" and "B "; and, WHEREAS, the City of Owasso retains the absolute right to reopen the same without expense to the municipality, and repealing all ordinances or parts of ordinances in conflict. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1. ALL THAT PART OF LOT 2, BLOCK 2 OF OWASSO BUSINESS PARK PLAT # 4204, INSTRUMENT # 42413, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 3/8" IRON BAR MARKING THE NORTHWEST CORNER OF LOT 2, BLOCK 2 OF OWASSO BUSINESS PARK PLAT # 4204, INSTRUMENT # 42413; THENCE N88°29'48 "E, 187.17 FEET TO A 3/8" IRON BAR WITH CAP #4502 MARKING THE NORTHEAST CORNER OF THE TRACT; THENCE S01°30'12 "E, 20.00 FEET; THENCE S88°29'48 "W, 187.10 FEET; THENCE N01°43'14 "W, 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING 3743 SQUARE FEET MORE OR LESS. AND ALL THAT PART OF LOT 2, BLOCK 2 OF OWASSO BUSINESS PARK PLAT # 4204, INSTRUMENT # 42413, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 3/8" IRON BAR MARKING THE NORTHWEST CORNER OF LOT 2, BLOCK 2 OF OWASSO BUSINESS PARK PLAT # 4204, INSTRUMENT # 42413; THENCE N88°29'48 "E, 15.00 FEET; THENCE S01°43'14"E, 124.96 FEET; THENCE S88°30' 10 "W, 15.00 FEET TO A CHISELED CROSS IN CONCRETE MARKING THE SOUTHWEST CORNER OF THE TRACT; THENCE N01°43'14 "W, 124.96 FEET TO THE POINT OF BEGINNING. CONTAINING 3743 SQUARE FEET MORE OR LESS. The some is hereby closed for public use as utility easements. SECTION 2. All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. Ordinance 1164 Page 1 of 6 SECTION 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION 4. If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION 5. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION b. There shall be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. PASSED and Approved by the City Council of the City of Owasso, Oklahoma on the 19th day of May, 2020. Chris Kelley, Mayor ATTEST: Juliann M. Stevens, City Clerk (SEAL) APPROVED as to form and legality this day of , 2020. Julie Lombardi, City Attorney Ordinance 1164 Page 2 of 6 NO Utility Easement Vacation Instrument #42413 All that part of Lot 2, Block 2 of Owasso Business Park Plat # 4204, Instrument # 42413, more particularly described as follows: Beginning at a 3/8" Iron Bar marking the Northwest corner of Lot 2, Block 2 of Owasso Business Park Plat # 4204, Instrument # 42413; Thence N88°29'48 "E, 15.00 feet; Thence 501°43'14 "E, 124.96 feet; Thence 588°30'10 "W, 15.00 feet to a chiseled cross in concrete marking the southwest corner of the tract; Thence N01°43'14 "W, 124.96 feet to the point of beginning. Containing 1874 square feet more or less. Ordinance 1164 page 3 of 6 Utility Easement Vacation Instrument #42413 All that part of Lot 2, Block 2 of Owasso Business Park Plat # 4204, Instrument # 42413, more particularly described as follows: Beginning at a 3/8" Iron Bar marking the Northwest corner of Lot 2, Block 2 of Owasso Business Park Plat # 4204, Instrument # 42413; Thence N88°29'48 "E, 187.17 feet to a 3/8" Iron Bar with Cap #4502 marking the northeast corner of the tract; Thence S01°39'34 "E, 20.00 feet; Thence S88°29'48 "W, 187.15 feet; Thence N01°43'14 "W, 20.00 feet to the point of beginning. Containing 3743 square feet more or less. Ordinance 1 164 page 5 of 6 CITY OF OWASSO, OKLAHOMA ORDINANCE 1165 AN ORDINANCE CLOSING TO THE PUBLIC A ROADWAY EASEMENT LOCATED IN THE NORTHWEST QUARTER (NW /4) OF THE NORTHEAST QUARTER (NE /4) OF THE NORTHEAST QUARTER (NE /4) OF SECTION THIRTY -ONE (31), T -21 -N, R -14- E OF THE I.B.BM., TULSA COUNTY, STATE OF OKLAHOMA, OWASSO, OKLAHOMA, REFERENCING FILED PLAT NUMBER 4204 (BOOK 4600, PAGE 1025) WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient to close to the public use, a portion of a roadway easement herein attached as Exhibit "A "; and, WHEREAS, the City of Owasso retains the absolute right to reopen the same without expense to the municipality, and repealing all ordinances or parts of ordinances in conflict. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1. ALL THAT PART OF THE NORTHWEST QUARTER (NWl /4) OF THE NORTHEAST QUARTER (NEl /4) OF THE NORTHEAST QUARTER (NE1 /4) OF SECTION 31, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN, CITY OF OWASSO, TULSA COUNTY, OKLAHOMA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 3/8" IRON BAR MARKING THE NORTHWEST CORNER OF LOT 2, BLOCK 2 OF OWASSO BUSINESS PARK PLAT # 4204, INSTRUMENT # 42413, THENCE S88°29'48 "W, 5.31 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S88°29'48 "W, 7.56 FEET TO A MAG NAIL MARKING THE SOUTHWEST CORNER OF THE TRACT; THENCE N01°37'1 6"W, 124.99 FEET TO A 3/8" IRON BAR MARKING THE NORTHWEST CORNER OF THE TRACT; THENCE N88°30'00 "E, 7.56 FEET; THENCE S01°37'16 "E, 124.99 FEET TO THE POINT OF BEGINNING. CONTAINING 945 SQUARE FEET MORE OR LESS. The some is hereby closed for public use as roadway easement. SECTION 2. All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict only. Ordinance 1165 Page 1 of 4 SECTION 4. If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION 5. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION 6. There shall be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. PASSED and APPROVED by the City Council of the City of Owasso, Oklahoma on the 19th day of May, 2020. Chris Kelley, Mayor ATTEST: Juliann M. Stevens, City Clerk (SEAL) APPROVED as to form and legality this day of , 2020. Julie Lombardi, City Attorney Ordinance 1165 Page 2 of 4 Street Easement Vacation Book 4600, Page 1025 All that part of the Northwest Quarter (NW1 /4) of the Northeast Quarter (NE1 /4) of the Northeast Quarter (NE1 /4) of Section 31, Township 21 North, Range 14 East of the Indian Base and Meridian, City of Owasso, Tulsa County, Oklahoma more particularly described as follows: Commencing at a 3/8" Iron Bar marking the Northwest corner of Lot 2, Block 2 of Owasso Business Park Plat # 4204, Instrument # 42413, Thence S88°29'48 "W, 5.31 feet to the point of beginning; Thence continuing S88°29'48 "W, 7.56 feet to a Mag Nail marking the Southwest Corner of the tract; Thence N01°37'16 "W, 124.99 feet to a 3/8" Iron Bar marking the Northwest Corner of the tract; Thence N88°30'00 "E, 7.56 feet; Thence S01°37'16 "E, 124.99 feet to the point of beginning. Containing 945 square feet more or less. Ordinance 1165 page 3 of 4 TO: The Honorable Mayor and City Council FROM: Karl Fritschen AICP, RLA Planning Manager SUBJECT: Ordinance 1166, Annexation (OA 20 -01) - 12525 East 116th Street North DATE: May 15, 2020 BACKGROUND: The City of Owasso received a request for annexation of property located at 12525 East 116th Street North (northwest corner of the intersection of 126th East Avenue and 116th Street North). The subject property is approximately 8.722 acres in size and is currently zoned Agriculture (AG) in Tulsa County. Upon annexation, the property would be brought into Owasso City Limits as AG. The applicant indicated that after annexation they will pursue an application for a Planned Unit Development (PUD) consisting of Residential Multi - Family (RM) and Commercial Shopping (CS) zoning to accommodate a skilled nursing facility. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North AG -R (Agriculture /Residential) Residential Residential Tulsa County South AG -R (Agriculture /Residential) Residential Commercial Tulsa County East AG -R Residential Commercial & Tulsa County (Ag(culture /Residential) Residential West AG (Agriculture) Undeveloped Commercial Tulsa County SUBJECT PROPERTY /PROJECT DATA: Property Size 8.722 acres +/- Current Zoning AG (Agriculture) Proposed Zoning Upon Annexation AG (Agriculture) Land Use Master Plan Commercial Within PUD? No Within Overlay District? Water Provider Washington County Rural Water District #3 Applicable Paybacks Storm Siren Fee ($50.00 per acre) Ranch Creek Sewer Service Assessment Area ($610.33 per acre) ANALYSIS: The property is currently zoned AG in Tulsa County, and the applicant requests that the property retain its current zoning upon annexation and a PUD Application will be forthcoming. The subject property contains one small residential home towards the south half of the property, which the applicant indicated will remain as an office supporting the skilled nursing center. Annexation (OA 20 -01) - 12525 East 116th Street North Page 2 The GrOwasso 2030 Land Use Master Plan identifies the subject property for commercial land uses. The City of Owasso will provide sanitary sewer, Fire, Police, and EMS to the property upon annexation. Water service will be provided by Washington County Rural Water District #3. Any future development that occurs on the subject property must adhere to all Owasso subdivision, zoning, and engineering requirements. Any future rezoning cases for this property would be evaluated using the GrOwasso 2030 Land Use Master Plan. PLANNING COMMISSION: The Planning Commission voted 5 -0 to recommend approval of OA 20 -01 at their regular meeting on May 11, 2020, RECOMMENDATION: Staff recommends adoption of Ordinance 1166. ATTACHMENTS: Ordinance 1166 Aerial Map Zoning Map GrOwasso 2030 Land Use Master Plan Map Annexation Exhibit CITY OF OWASSO, OKLAHOMA ORDINANCE 1166 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, REFERENCED IN APPLICATION OA 20 -01 AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, public hearings have been held regarding the request for annexation of the property located at 12525 East 1 16th Street North; and, WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for or against the requested annexation of the property referenced in application OA 20 -01. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1: A tract of land, being more particularly described as follows: A TRACT OF LAND THAT IS A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE /4 SE /4) OF SECTION FIVE (5), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SE /4 SE /4; THENCE NORTH 1°23'40" WEST AND ALONG THE WEST LINE OF SAID SE /4 SE /4 FOR A DISTANCE OF 850.00 FEET; THENCE NORTH 88°46'30" EAST AND PARALLEL WITH THE SOUTH LINE OF SAID SE /4 SE /4 FOR A DISTANCE OF 446.35 FEET, TO THE CENTER OF A FIFTY FOOT (50') RIGHT OF WAY DEDICATION, RECORDED JUNE 25, 1973, IN BOOK 4075, AT PAGE 1753, TULSA COUNTY RECORDS; THENCE SOUTH 1°28'34" EAST AND ALONG SAID CENTERLINE, FOR A DISTANCE OF 850.00 FEET TO A POINT OF THE SOUTH LINE OF SAID SE /4 SE /4; THENCE SOUTH 88°46'30" WEST AND ALONG SAID SOUTH LINE FOR A DISTANCE OF 447.56 FEET TO THE POINT OF BEGINNING; SAID TRACT CONTAINING 379,909 SQUARE FEET OR 8.722 ACRES. PER WARRANTY DEED DATED APRIL 24, 2018 AND FILED OF RECORD APRIL 25, 2018 AS DOCUMENT NO. 2018036473 IN THE RECORDS OF THE COUNTY CLERK OF TULSA COUNTY, STATE OF OKLAHOMA: PERMANENT RIGHT -OF -WAY A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER (SW /4 SE /4) OF SECTION FIVE (5) OF TOWNSHIP TWENTY -ONE (21) NORTH AND RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN (I.B. &M.), ACCORDING TO THE U.S. GOVERNMENT SURVEY, THEREOF, TULSA COUNTY, STATE OF OKLAHOMA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Ordinance 1166 Page 1 of 3 BEGINNING AT THE SW CORNER OF THE SE /4 OF SEC. 5, T -21 -N, R -14 -E, I.B. &M.; THENCE N 01°13'04" W ALONG THE WEST LINE OF THE SW /4 OF SAID SE /4 A DISTANCE OF 60.00 FEET; THENCE N 88°46'34" E A DISTANCE OF 1327.37 FEET TO THE EAST LINE OF SAID SW /4 SE /4; THENCE S 01°23'35" E A DISTANCE OF 60.00 FEET TO THE SE CORNER OF SAID SW /4 SE /4; THENCE S 88°46'34" W A DISTANCE OF 1327.55 FEET TO THE POINT OF BEGINNING, AND CONTAINING 1.828 ACRES, MORE OR LESS BASIS OF BEARING IS THE OKLAHOMA STATE PLANE COORDINATE SYSTEM The same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and its corporate limits and the same is hereby zoned Agriculture (AG) District. All persons residing therein, and all property situated thereon, shall be subject to the jurisdiction, control, laws, and ordinances of the City of Owasso, Oklahoma, in all respects and particulars. SECTION 2. From and after the passage and publication of this Ordinance, the real estate and territory described above shall be a part of the City of Owasso, Oklahoma, and in City Council Ward 1. SECTION 3. All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION 4. If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION 5. The provisions of this ordinance shall become effective January 18, 2020. SECTION 6. There shall be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance and correct map of the territory annexed. APPROVED AND ADOPTED by the City Council of the City of Owasso, Oklahoma on this 19th day of May, 2020. ATTEST: Juliann M. Stevens, City Clerk (SEAL) Chris Kelley, Mayor APPROVED as to form and legality this day of , 2020. Julie Lombardi, City Attorney Ordinance 1166 Page 2 of 3 Exhibit "A,, CITY OF OWASSO 200 S. MAIN ST P.O. 180 Owasso, OK 74055 915.376.1500 wale.ciry0f0wassoxom Ordinance 1166 Page 3 of 3 12525 E 116th St N ANNEXATION LOCATION MAP Note: Graphic overlays may not precisely align with physical Subject features on the ground. OA 20-01 Aerial Photo Date: Tract Feet OA 20 -01 Zoning OA 20 -01 Land Use Master Plan TO: The Honorable Mayor and City Council FROM: Karl Fritschen AICP, RLA Planning Manager SUBJECT: Final Plat- Brighton Park Phase I DATE: May 15, 2020 BACKGROUND: The City of Owasso received a final plat application for review and approval for Brighton Park Phase I, a proposed single- family residential subdivision. The subject property is located approximately a '/2 mile north of East 1061h Street North and west of Mingo Road. The property is zoned Residential Single - Family High Density (RS -3) under Owasso Planned Unit Development (OPUD) 14 -01 and will be the first phase as part of the entire subdivision approved under OPUD 14 -01. SURROUNDING ZONING: Direction Zoning Use Land Use Plan Jurisdiction North RS -3 (Residential Single - Family High Density) Residential Residential City of Owasso South AG (Agriculture) Residential Residential Tulsa County East RS -3 (Residential Single - Family High Density) Residential Residential City of Owasso West AG -R (Agriculture- Residential Single - Family) Residential Residential Tulsa County SUBJECT PROPERTY /PROJECT DATA: Property Size 3.43 acres +/- land Use Master Plan Residential Current Zoning RS -3 Proposed Use Residential Subdivision Proposed Lots /Blocks 8 Lots, 2 Blocks Within a PUD? Yes; OPUD 14-01 Within an Overlay District? _ No Water Provider Washington County Rural Water District #3 Applicable Paybacks /Fees Storm Siren Fee ($50.00 per acre) Ranch Creek Sewer Service Assessment Area ($610.33 per acre) Public Streets Yes ANALYSIS: The subject property was zoned RS -3 with Ordinance 1032, which established OPUD 14 -01 and applied it to the subject property. The proposed subdivision accounts for 3.43 acres of the larger 46.04 -acre OPUD 14 -01. The PUD prescribes a minimum lot size of 55 feet, and a maximum building height of 2 stories, or 35 feet. The final plat for Brighton Park Phase I consists of 8 lots in 2 blocks on 3.43 acres. Each lot will house a single - family dwelling unit intended for individual ownership. Brighton Park Phase I Final Plat Page 2 of 2 Perimeter and interior utility easements are shown on the Plat that will allow utilities adequate access to provide and maintain service to the proposed development. Stormwater Detention will be required, but will be evaluated at the time civil plans are submitted and reviewed. There is one point of access from the subdivision onto Mingo Road. All internal streets will be public and dedicated to the City. The Plat doesn't include any amenities, as those will be provided when the remaining portion of the property is platted and developed. Per the Owasso Zoning Code, Section 9.2.12, at least one (1) amenity shall be installed at the point where 25% of the project is developed. In this case, the proposed number of lots being platted is only 8, which is much less than the 123 contained in the original preliminary plat that was submitted with the PUD. The City of Owasso will provide sanitary sewer, Fire, Police, and EMS services to the proposed residential development. Washington County Rural Water District #3 will provide water to the proposed subdivision. The development that occurs on the subject property shall adhere to all subdivision, zoning, and engineering requirements of the City of Owasso, as well as all requirements set out in Ordinance 1032, which established OPUD 14 -01. PLANNING COMMISSION: The Planning Commission voted 5 -0 to recommend approval of the Final Plat for Brighton Park Phase I at their regular meeting on May 11, 2020. RECOMMENDATION: Staff recommends approval of the Final Plat for Brighton Park Phase I. ATTACHMENTS: Aerial Map Final Plat - Brighton Park Phase I Final Plat- Brighton Park Aerial Map FINAL PLAT BRIGHTON PARK POINT OF BEGINNING; Thence eontinumS S 01°36'13" E along the Eaal line R-13.E TUTTLE &ASSOCIATES, INC. TO: The Honorable Mayor and City Council FROM: Karl Fritschen AICP, RLA Planning Manager SUBJECT: Final Plat— Parker Village DATE: May 15, 2020 BACKGROUND: The City of Owasso received a final plat application for review and approval of Parker Village, a proposed mixed -use subdivision containing elements of single - family and multi - family residential and commercial uses. The property is located northeast of the intersection of East 106th Street North and Garnett Road. The property is located within Planned Unit Development (PUD) 17 -01 A and is zoned Residential Single - Family High Density (RS -3), Residential Multi - Family (RM), and Commercial Shopping (CS). SURROUNDING ZONING: Direction Zoning Use Land Use Plan. Jurisdiction CS, RM, RS -3 AG (Agriculture) Single Family Residential Subdivision, Commercial, Multi - Family Commercial 120 Lots, 7 Blocks North RS -3 (Residential Single - Family High Residential Transitional City of Owasso City of Owasso (West Half) Washington County Rural Water District #3 (East Half) Density) Storm Siren Fee ($50.00 per acre) Meadowcrest Sanitary Sewer Relief Area ($867.00 per acre) Ranch Creek Sewer Service Assessment Area ($610.33 per acre) Residential Tulsa County CS (Commercial Shopping) South AG (Agriculture) Residential Commercial City of Owasso RE (Residential Single - Family Estate) Transitional Tulsa County East AGR (Agriculture Res Single - Family Residential Transitional Tulsa County Rural) Residential West AG (Agriculture) Residential Commercial Tulsa County SUBJECT PROPERTY /PROJECT DATA: Property Size 57.54 acres +/- Land Use Master Plan Commercial, Transitional, Residential Current Zoning CS, RM, RS -3 Proposed Use Single Family Residential Subdivision, Commercial, Multi - Family Proposed Lots /Blocks 120 Lots, 7 Blocks Within a PUD? Yes; 17 -01 A Within an Overlay District? No Water Provider City of Owasso (West Half) Washington County Rural Water District #3 (East Half) Applicable Paybacks /Fees Storm Siren Fee ($50.00 per acre) Meadowcrest Sanitary Sewer Relief Area ($867.00 per acre) Ranch Creek Sewer Service Assessment Area ($610.33 per acre) Public Streets Yes Parker Village Final Plat Page 2 of 2 ANALYSIS: The subject property is zoned RS -3, RM, and CS with PUD 17 -01A as the overlay approved with Ordinance 1154, in September 2019. Parker Village is a mixed -use development with commercial, single family and multifamily elements. The project is divided into one - hundred - twenty (120) lots in seven (7) blocks. Lot 1, Block 7 consists of the area denoted in the PUD for multi - family uses and Lot 1, Block 6 consists of the area denoted for commercial uses. The remaining lots and blocks are identified for single - family residential uses. The plat consists of three (3) reserve areas, "A ", "B" and "C ". Reserve area "A" is identified as a detention and recreation area, while "B" and "C" will be landscape areas inside the single - family portion of the development. Reserve area "A" will also contain a natural wetland area and a larger stand of native trees which will remain and serve as a buffer with the Maple Glen neighborhood to the north. All of the reserve areas will be maintained by the Homeowners Association established with Covenants, Conditions, and Restrictions (CCR's) in the plat. All of the single family lots conform to the dimensional allowances under PUD 17 -01 A. The plat provides an internal collector road connecting Garnett Road with North 106th East Avenue. Perimeter and interior utility easements are shown on the Plat that will allow utilities adequate access to provide and maintain service to the proposed development. Stormwater detention has been accounted for with the large detention area denoted as Reserve area "A" on the plat. All internal streets will be public and dedicated to the City. Amenities will be provided in this development as per PUD 17 -01 A. The City of Owasso will provide water service to Block 6 and 7, while the remaining blocks (single family residential area) will have water provided by Washington County Rural Water District #3. The City of Owasso will provide sanitary sewer, Fire, Police, and EMS services to the entirety of the development. The development that occurs on the subject property shall adhere to all subdivision, zoning, and engineering requirements of the City of Owasso and those found within PUD 17 -01 A. PLANNING COMMISSION: The Planning Commission voted 5 -0 to recommend approval of the Final Plat for Parker Village at their regular meeting on May 11, 2020. RECOMMENDATION: Staff recommends approval of the Final Plat for Parker Village. ATTACHMENTS: Aerial Map Final Plat - Parker Village Parker Village- Final Plat Ariel Map OWNER/DEVELOPER: PARKER VILLAGE c 74114�= ENGINEER: Tuttle & Associates, Inc. P.Q Box Us, Mm _ 47,313 74147-1313 Phomr. (919) 60-M7 ccRmnCAM OF AuMDMW " 465 EMRAlM 13-X1-21 Unplatted BLOCK 6 LEGEND NMl WA Z BLOCK 7 L. I FINAL PLAT PARKER VILLAGE THE PROJECT CONSISTS OF 57.52 ACRES LOCATED NORM AND FAST OF THE INTERSECTION OF 105TH ST. N. AND GARROTT RD.. IN THE CM OF OWASSO. OKLAHORA OPUD If 17-OIA (CS. RM. At SEE) -4 U.np=d 5 I RESERVE A rl W. )r= 12 U911, IEM c =I rc I M PRO- TO: The Honorable Mayor and City Council FROM: Scott Chambless Chief of Police SUBJECT: Firearms Range Observation Control Tower Bid DATE: May 15, 2020 BACKGROUND: To improve the operations of the Owasso Police Department Firearms Range, the construction of an observation control tower is needed for instructors to adequately observe and direct officers during routine firearms training. A specification bid package was developed and advertised in accordance with the Oklahoma Competitive Bidding Act as well as being posted on the City of Owasso website. Bids were publicly opened on April 23, 2020. Staff reviewed all bid submittals for content and conformity to the bid specifications. Staff found that all bids were much greater than the amount budgeted and recommends rejecting all bid submittals for this project. FUTURE ACTION: Staff intends to develop a new set of bid specifications in an effort to reduce the construction cost of the observation control tower and will solicit new bids at a later date. RECOMMENDATION: Staff recommends rejecting all bids for the construction of the Owasso Police Department Firearms Range Observation Control Tower Project. ATTACHMENT. Bid Tabulation Bid Opening: Bids Opened By: Witnesses: CITY OF OWASSO, OKLAHOMA / Police Firearms Range Observation Tower Project Thursday, April 23, 2020 @ 2:00pm Juliann M. Stevens, City Clerk Mike Barnes, Kent Inouye, Scott Chambless VENDOR: BID VENDOR: BID Limestone Construction RECO Enterprises 9500 N 129th E Avenue, Suite 201 $252,200.00 7033 E 40th Street $192,066.12 Owasso, Oklahoma Tulsa, Oklahoma 74145 Alpha Building Corporation 12326E h Street, Suite A Bronze Oak General Contractors Tulsa, Oklahoma 74146 $289,924.00 15800 S 193rd E Avenue $ 293,600.00 Broken Arrow, Oklahoma 74014 Gulf Coast Commercial 5030 N May Avenue, Suite 241 Builders Unlimited Oklahoma City, OK 73112 $196,400.00 PO Box 471650 $225,100.00 Tulsa, Oklahoma 74147 Hoey Construction 3310 3310 Southwest Boulevard Construction Enterprises Incorporated Tulsa, Oklahoma 74107 $259,000.00 902 West 23rd Street $251,711.00 Tulsa, Oklahoma 74107 J Graham Construction Magnum Construction 1306 S Elm $227,550.00 PO Box 707 $209,902.00 Coffeyville, Kansas 67337 Broken Arrow, Oklahoma 74013 LID Kerns Myers- Cherry Construction 555 N Elm Street $251,700.00 824 W Jasper $217,000.00 Jenks, Oklahoma Broken Arrow, Oklahoma 74011 TO: The Honorable Mayor and City Council FROM: Michele Dempster Human Resources Director SUBJECT. Fraternal Order of Police Lodge # 149 Contract for FY 2020 -2021 DATE: May 15, 2020 BACKGROUND: Early during the initial COVID -19 isolation and temporary closure of businesses, the Fraternal Order of Police (FOP) approached the City with a proposal to continue the current contract with date changes only. The City appreciates the foresight and understanding displayed by the FOP in initiating this proposal. The proposed contract has been voted on and approved by the Lodge. PROPOSED CONTRACT: The proposed contract is a one year contract and keeps all language unchanged, other than updating dates. Continuing the current contract provides step increases for eligible members on anniversary date, with no change in the pay plan. The increase in all costs associated with continuing the contract is $243,182. RECOMMENDATION: Staff recommends approval of the FY 2020 -2021 contract between the City of Owasso and the Fraternal Order of Police, Lodge #149, and authorization for the Mayor to execute the contract. ATTACHMENT: FOP Fiscal Year 2020 -2021 Contract AGREEMENT BETWEEN THE CITY OF OWASSO, OKLAHOMA A MUNICIPAL CORPORATION AND FRATERNAL ORDER OF POLICE LODGE NO. 149 July 1, 2020 — June 30, 2021 TABLE OF CONTENTS Article 1 Purpose of Agreement 3 Article 2 Authority and Term 4 Article3 Savings Clause 5 Article4 Gender Clause 6 Article 5 Mutual Responsibility to Avoid Discrimination 7 Article6 Prevailing Rights 8 Article 7 Management Rights and Responsibilities 9 Article 8 Bargaining Units Rights and Security 1 l Article 9 Prohibition of Strikes 12 Article 10 Successes and Assigns 13 Article11 Recognition 14 Article 12 Publication and Distribution 15 Article 13 Grievance Procedure 16 Article 14 Personnel Files 20 Article 15 Officer Bill of Rights 22 Article 16 Safety and Health Committee 25 Article17 Honor Guard 26 Article 18 Dues Check Off 27 Article 19 Classifications and Promotions 28 Article20 Vacation 30 Article21 Holiday Pay 31 Article22 Sick Leave 32 Article23 Work Schedule 34 Article24 Seniority 37 Article 25 Retirement and Pension 39 Article26 Insurance 40 Article 27 Uniform and Equipment 41 Article 28 Personal Property 44 Article 29 Temporary Assignment 45 Article 30 Education Incentive 46 Article31 Longevity Pay 48 Article 32 Detective "On -Call' Pay 49 Article33 Compensation 50 Article 34 Drug and Alcohol Testing 53 Article35 Wellness Program 54 Article 36 Shift Differential 56 SignaturePage 57 2 ARTICLE 1 PURPOSE OF AGREEMENT It is the intent and purpose of this Agreement, entered into by and between the CITY OF OWASSO, OKLAHOMA, hereinafter referred to as EMPLOYER, and LODGE NO. 149, FRATERNAL ORDER OF POLICE, hereinafter referred to as LODGE, to achieve and maintain harmonious relations between the parties hereto and to provide for the equitable and orderly adjustment of grievances which may arise during the term of this Agreement. 3 ARTICLE 2 AUTHORITY AND TERM Section 1. The Employer and Lodge have, by these presents, reduced to writing the collective bargaining agreement resulting from negotiations entered into by the Employer and the Lodge. Section 2. This Agreement shall become effective on the 1 st day of July, 2020 and shall remain in full force and effect until midnight, June 30, 2021. Section 3. Whenever wages, rates of pay, or any other matters requiring appropriation of monies by the Employer are included as a matter of collective bargaining, it is understood by the parties hereto that this agreement shall serve as notice to collectively bargain for all issues and compensation for the following fiscal year, in lieu of written notice, pursuant to O.S.A. 11, (1994) 51 -101, et eq. Section 4. It shall be the obligation of the Employer and the Lodge to meet the first business day of March or within ten (10) days thereof to negotiate in good faith with representatives of the Lodge and Employer. Section 5. In the event the Lodge and the Employer are unable to reach an agreement within thirty (30) days from and including the date of the first meeting, any and all unresolved arbitrable issues may be submitted for mediation before arbitration at the request of either party. 4 ARTICLE 3 SAVINGS CLAUSE Section 1. If any provision of this Agreement or the applications thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or applications and, to this end, the provisions of this Agreement are severable. Section 2. It is understood that the articles included herein constitute a complete understanding of all the terms and conditions of employment to be governed by this Agreement during the contract period and it cannot be altered in any manner save by the complete written concurrence of the parties subscribing hereto. Section 3. Any appendices to this Agreement shall be numbered, dated and signed by the Employer and the Lodge and shall be subject to the provisions of this Agreement, and all appendices shall become a part of this Agreement as is specifically set forth herein. Section 4. It is understood that all time limits found in this Agreement may be extended by mutual concurrence. Section 5. In the event an Agreement is not made for the fiscal year 2021 -2022 this Agreement will remain in effect until such time as one is made in succession. ARTICLE 4 GENDER CLAUSE "Gender ". A word importing one gender only shall extend and be applied to both genders. ARTICLE 5 MUTUAL RESPONSIBILITY TO AVOID DISCRIMINATION Section 1. Nothing in this Agreement shall be interpreted as diminishing the obligation of both parties to undertake affirmative action to insure that applicants or employees are treated without regard to race, color, religion, sex, national origin, status of Lodge membership, or political affiliations. Specifically, pursuant to Equal Employment Opportunity Commission Guidelines, each party is obligated to take positive action in affording equal employment, training and promotional opportunities to all members, as required by Title VII of the Civil Rights Act of 1964, as amended. Additionally, nothing in this Agreement shall be interpreted as diminishing the obligation of both parties to comply with the provisions of the Fair Labor Standards Act, or the Americans with Disabilities Act, or any duly adopted Department of Labor Regulations promulgated thereunder. Section 2. In the event that any portion of this Agreement unintentionally conflicts with the Employer's capability to be in compliance with said Acts, the EEOC Guidelines and Department of Labor Regulations will be over - riding to that portion of this Agreement. ARTICLE 6 PREVAILING RIGHTS Section 1. All rules, regulations, fiscal procedures, working conditions, departmental practices and manner of conducting the operation and administration of the Owasso Police Department currently in effect for and with respect to the members of the Police Department on the effective date of this Agreement shall remain in full force and effect, unchanged and unaffected in any manner, unless and except as modified or changed by the specific terms of this Agreement. Section 2. It is understood by the parties hereto that the portions hereof regarding Safety and Health Committee as well as departmental practices, as previously stated, are subject to a modification by adoption of an appropriate ordinance, personnel manual or departmental procedure and negotiation. By reason thereof, upon promulgation by the Employer of the Accident Review Board, together with the practices, procedures and policies therein, as well as promulgation of the Owasso Police Department Operations Manual, the Lodge, upon notification of such by the Employer, shall re -open negotiations between the parties whereby inclusion of said matters shall be negotiated between the parties. ARTICLE 7 MANAGEMENT RIGHTS AND RESPONSIBILITIES Section 1. Lodge recognizes the prerogative of the Employer to operate and manage its affairs in all respects and in accordance with its responsibilities, and the power or authority which the Employer has not officially abrogated, delegated, granted or modified by this Agreement is retained by the Employer, and all rights, powers and authorities the Employer had prior to the signing of this Agreement are retained by the Employer, and remain exclusively and without limitation within the rights of the Employer. Section 2. Except as may be limited within this agreement, the Employer retains the rights in accordance with the Constitution, the laws of the State of Oklahoma, and Charter of the municipality and the responsibilities and duties contained in the laws of the State of Oklahoma and the ordinances and regulations promulgated there under. A. To determine Police Department policy including the rights to manage the affairs of the Police Department in all respects; B. To assign working hours, including overtime; C. To direct the members of the Police Department, including the right to hire, promote or transfer any employee; D. To discipline, suspend, or terminate any employee, as provided for in this agreement, provided that just cause shall be the standard for any discipline, suspension or termination; E. To determine the organizational chart of the Police Department, including the right to organize and reorganize the Police Department and the determination of job classifications and ranks based upon duties assigned; F. To determine the safety, health and property protection of the Police Department; G. To allocate and assign work to all Employees within the Police Department; H. To be the sole judge of qualifications of applicants and training of new Employees; To schedule the operations and to determine the number and duration of hours of assigned duty per week; J. To establish and enforce Police Department rules, regulations and orders; ARTICLE 7 MANAGEMENT RIGHTS AND RESPONSIBILITIES (continued) K. To introduce new, improved, or different methods and techniques of Police Department operation or change existing methods and techniques; L. To determine the amount of supervision necessary; M. To control the departmental budget; N. To take whatever actions may be necessary to carry out the mission of the Employer in situations of emergency. 10 ARTICLE 8 BARGAINING UNIT RIGHTS AND SECURITY Section 1. Bulletin Boards. The Employer shall provide space in all Police Stations for Lodge bulletin boards. No materials of a subversive or derogatory nature or political endorsements shall be posted. The location of such Bulletin Boards shall be mutually agreed upon by the Employer and the Lodge and shall not cover more than sixteen square feet. The Bulletin Boards and items posted are the sole property of the Lodge. Section 2. Members of the Lodge will be allowed to attend Lodge functions within the city, while on duty without loss of pay. However, members will be subject to call out. Section 3. Members of the Lodge may be given time off for lodge functions. After written notice to the Chief of Police, Lodge Representatives may be granted time off without loss of pay to conduct bonafide Lodge business. For business outside the city limits, Employer shall make schedule adjustments to insure that Lodge Officers' days off or compensation time will be scheduled during the time of the Lodge business. Such schedule adjustments shall not be unreasonably withheld. Section 4. The Employer shall grant four (4) hours of Union leave accrual per month to the current President of the lodge, to conduct lodge business. Such accrual shall be accrued separately from vacation and compensatory leave. The balance of Union leave accrued will not carry forward from one fiscal year to the next. Section 5. The Chief of Police may grant leave with pay to Lodge Representatives to conduct Lodge business which mutually benefits the Lodge as well as the Police Department. ARTICLE 9 PROHIBITION OF STRIKES Section 1. The Lodge and the Employer are well aware of the public policy and the necessity that there shall be no strikes or other action which would tend to disrupt the provision of those services traditional to Employer's business; in that the public policy of the State of Oklahoma has been expressly stated by the Oklahoma Legislature and codified as Title 1 I O.S. Section 51 -111, as amended that statutory provision is deemed to provide the spirit and intent under which the following sections of this article are provided and the parties hereto are bound. Section 2. Neither the Lodge, nor any of its officers, agents, or employees, or any of the employees for which it bargains, shall in any manner coerce, intimidate, instigate, induce, sanction, suggest, conspire with, promote, support, engage in, condone, or encourage any person to participate in any strike, work stoppage or slowdown. The Lodge shall not aid or assist any persons or parties engaging in the above prohibited conduct, nor shall the Lodge provide funds, financial and other assistance for the conduct or direction of such activities for the payment of strike, unemployment, or other benefits to those persons participating in such prohibited conduct and activities; provided, however, that the Lodge may provide legal representation for itself or persons accused of such activities, or for any purpose it may deem necessary. Section 3. Upon notification confirmed in writing, by the Employer to the Lodge that certain of its members are engaging in a strike, the Lodge shall immediately, in writing, order such members to return to work at once and provide the Employer with a copy of such an order and responsible officials of the Lodge shall publicly order them to return to work. Such characterization of strike by the Employer shall not establish the existence of a strike. Such notification by the Lodge shall not constitute an admission by it that a strike is in progress or has taken place or that any particular member is or has engaged in a strike. The notification shall be made solely on the representation of the Employer. In the event that a strike occurs, the Lodge agrees to take all reasonable effective and affirmative action to secure the members return to work as promptly as possible. The Lodge shall not be in breech of this agreement where the acts or actions hereinbefore enumerated are not caused or authorized by the Lodge. 12 ARTICLE 10 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the successors and assigns of the parties hereto during the tern of this Agreement; and no provisions, terms or obligations herein contained shall be affected, modified, altered or changed in any respect whatsoever by any change of any kind in the ownership of management of either party hereto, or by any change geographically of place of business of either party hereto. 13 ARTICLE 11 Section 1. The Employer recognizes the Lodge as the exclusive bargaining agent for all police officers, except the Chief and, one designated Administrative Assistant. The Lodge shall be advised in writing who the Chief's Designated Administrative Assistant is, within ten (10) days after this agreement takes effect. In the event there is no Designated Administrative Assistant appointed, the Lodge will be so notified. Section 2. Police Officers who are CLEET certified upon hire are probationary employees for twelve (12) months from date of hire. Police Officers who are required to attend the CLEET Academy are probationary employees for twelve (12) months from the date of graduation from the CLEET Academy. In situations where a probationary employee misses a significant portion of training due to an on- the job injury or off-the-job injury or illness, or at the discretion of the Chief of Police, probation may be extended up to six (6) months. 14 ARTICLE 12 PUBLICATION AND DISTRIBUTION The City shall provide the Lodge with one (1) signed original contract for the term of this agreement and one computer file copy. The cost of publication shall be born by the Employer. 15 ARTICLE 13 GRIEVANCE PROCEDURE Section 1. It is the intent of the parties to this Agreement to prevent grievances and to settle any which may occur as fairly and promptly as practical. Therefore, it is agreed that there should be time limits between the initiation of a grievance and its occurrence and between steps of the grievance procedure and the time in which each answer must be given. All time limits set forth in this Article may be extended by mutual consent, once by each party per step in the grievance process, but if not so extended, they must be strictly observed. If a party fails to pursue any grievance within the time limits provided, the party shall have no further right to continue the grievance. Further, this article is not intended to limit the parties' right to grieve or arbitrate any matter which would otherwise be subject to arbitration by statute. Section 2. The Lodge or any employee covered under this Agreement may file a grievance within twenty (20) days of alleged occurrence, as hereinafter defined, and shall be afforded the full protection of this Agreement. Section 3. The Lodge President or his authorized representative may report an impending grievance to the Chief of Police in an effort to forestall its occurrence. Section 4. Except for documented verbal counseling or written reprimands, as defined in Section 5, of this article, any controversy between the Employer and the Lodge or any employee concerning the interpretation, enforcement or application of any provisions of this Agreement, concerning any of the terms or conditions of employment contained in this Agreement, shall be adjusted in the following manner: A. The grievance shall be discussed by the employee with the Chief or the Chief of Police's designated representative. Said employee's Lodge President, or his alternate, shall be present at said discussion. The answer shall be orally submitted by the Chief or his designated representative, within twenty (20) calendar days to the employee(s) involved and to the Lodge President. B. If the grievance is not settled by the provision of Section 4A, it shall be submitted in writing by the Lodge to the Chief of Police within twenty (20) calendar days from the receipt of oral answer with a possible solution to said grievance. C. The Chief of Police shall submit his reply in writing to the employee involved and to the Lodge President or designate within twenty (20) calendar days. If the grievance has not been settled within that time, both the grievance and solution recommended by the Lodge shall be sent to the City Manager for adjustment. Said grievance and recommended solution shall be submitted to the City Manager within (20) twenty calendar days of the Chief s reply. 16 ARTICLE 13 GRIEVANCE PROCEDURE (continued) D. The City Manager shall submit his answer in writing to the Police Chief, the employee involved and the Lodge President or designate within twenty (20) calendar days. If the City Manager and the Lodge President or designate have not settled the grievance within that time, it may then be submitted to arbitration. Grievances submitted to arbitration for adjustment shall proceed as follows: 1. Within ten (10) calendar days parties shall jointly request a panel of arbitrators from the Federal Mediation and Conciliation Service. a) The Employer shall have the option to utilize a board of three (3) arbitrators in lieu of one (1) arbitrator. The Employer shall be responsible for the increase in cost associated with a three (3) arbitrator panel. The parties shall jointly request a panel of fifteen (15) for a board of three (3) arbitrators. ii. The parties shall jointly request a panel of nine (9) arbitrators for one (1) panel arbitrator. b) Arbitrators must have NAA affiliation (National Academy of Arbitrators). c) The Employer and the Lodge each may exercise the option to request a new panel once per arbitration selection process. 2. Within ten (10) calendar days from the receipt of such panel, a representative of the Lodge and the Employer shall meet and alternately strike names until one (1) or three (3) arbitrator(s) remains who shall be selected as the impartial arbitrator(s). The party requesting arbitration shall strike the first name. Upon notification of the Federal Mediation and Conciliation Service of the selection of the arbitrator(s) and the arbitrator(s) is /are contacted, the date for the arbitration hearing shall be requested to be set subject to the earliest availability of the selected arbitrator(s). 4. The arbitrator shall be requested to issue a written opinion, or panel of arbitrators shall be requested to issue a majority consensus opinion, containing findings and recommendations with respect to the issues presented, within twenty (20) calendar days after the conclusion of the hearing. A copy of the opinion shall be mailed or delivered to the Lodge and Employer. 5. With respect to the interpretation, enforcement, or application of the provisions of this Agreement, the decision, findings, and recommendations of the arbitrator(s) 17 shall be final and binding on the parties of this Agreement. ARTICLE 13 GRIEVANCE PROCEDURE (continued) 6. The arbitrator(s)' authority shall be limited to the interpretation and application of the terms of this Agreement and /or any supplement thereto. The arbitrator(s) shall have no jurisdiction to establish provisions of a new Agreement or variation of the present Agreement or to arbitrate away, in whole or in part, any provision or amendments thereof. This shall not preclude individual wage grievances. The cost of the impartial arbitrator shall be shared equally between the Lodge and the Employer. If a transcript of the proceedings is requested, the party so requesting shall pay for it. Section 5. Any controversy between the Employer and the Lodge or any employee conceming the interpretation, enforcement or application of any provisions of this Agreement, that resulted in a documented verbal counseling or a written reprimand shall be adjusted in the following manner: A. The grievance shall be discussed by the employee with the Chief or the Chief of Police's alternate. Said employee's Lodge President, or his alternate, shall be present at said discussion. The answer shall be orally submitted by the Chief or his designated representative, within twenty (20) calendar days to the employee(s) involved and to the Lodge President. B. If the grievance is not settled by the provision of Section 5A, it shall be submitted in writing by the Lodge to the Chief of Police within twenty (20) calendar days from the receipt of oral answer with a possible solution to said grievance. C. The Chief of Police shall submit his reply in writing to the employee involved and to the Lodge President or designate within twenty (20) calendar days. If the grievance has not been settled within that time, both the grievance and solution recommended by the Lodge shall be sent to the City Manager for adjustment. Said grievance and recommended solution shall be submitted to the City Manager within twenty (20) calendar days from the Chief's reply. D. The City Manager shall submit his answer in writing to the Police Chief, the employee involved and the Lodge President or designate within twenty (20) calendar days. If the City Manager and the Lodge President or designate have not settled the grievance within that time, it may then be submitted to arbitration through a written review by an impartial arbitrator. Me ARTICLE 13 GRIEVANCE PROCEDURE (continued) 1. The parties shall jointly request a panel of nine (9) arbitrators from the Federal Mediation and Conciliation Service within ten (10) calendar days. Arbitrators must have NAA affiliation (National Academy of Arbitrators). 2. Within ten (10) calendar days from the receipt of such panel, a representative of the Lodge and the Employer shall meet and alternately strike names until one (1) arbitrator remains who shall be selected as the impartial arbitrator. The party requesting arbitration shall strike the first name. 3. Following the selection of the impartial arbitrator both parties shall submit cases in writing to the arbitrator and the other party by an agreed upon date. If parties cannot agree the arbitrator shall set the date. 4. The arbitrator shall be requested to issue a written opinion containing findings and recommendations with respect to the issues presented, within sixty (60) calendar days after submission of the case. A copy of the opinion shall be mailed or delivered to the Lodge and Employer. 5. With respect to the interpretation, enforcement, or application of the provisions of the Agreement, the decision, finding, and recommendations of the arbitrator shall be final and binding on the parties of this Agreement. 6. The arbitrator's authority shall be limited to the interpretation and application of the terms of this Agreement and /or any supplement thereto. The arbitrator shall have no jurisdiction to establish provisions of a new Agreement or variations of the present Agreement or to arbitrate away, in whole or in part, any provision or amendments thereof. The cost of the impartial arbitrator shall be shared equally between the Lodge and the Employer. Section 6. It is specifically and expressly understood that filing a grievance under this Article which has as its last step, final and binding arbitration, constitutes an election of remedies and a waiver of any and all rights by both parties, the Lodge or other representatives of the party, to litigate or otherwise contest the last answer rendered through the Grievance Procedure in any court or their appeal forum. 19 ARTICLE 14 PERSONNEL FILES Section 1. Master personnel files for employees shall be maintained exclusively by the Human Resources Office. However it is agreed that the term master personnel files does not include supervisor notes and internal investigations, which may be maintained by the department. It is further agreed that if materials concerning investigations, complaints, and reprimands, for violations of any rules, regulations or policies, or other materials that might be considered detrimental to the employee's position, advancement or future with the department are to be placed in the employee's master personnel files, the Employer shall notify the employee of said action and the employee shall be given the proper opportunity to appeal such action before it becomes a part of his master personnel files. Section 2. Any Employee shall be allowed to review his master personnel files under supervision at any reasonable time upon written request to the Human Resources Office and notice to the Chief of Police. The employee requesting review of their master personnel file shall schedule an appointment with the Human Resources Office. Section 3. Recognizing that disciplinary actions provide a basis for training and counseling and are not meant to perpetually penalize an employee, the following procedure is hereby established: Procedure: A. Employees may request that disciplinary actions be sealed according to the following schedule. Written reprimands and notice of Documented Verbal Counseling with no recurrence after eighteen (18) months from date of discipline may be sealed. 2. Suspensions, without recurrence, after three (3) years from date of discipline may be sealed. 3. Upon approval of a request to seal or remove disciplinary actions from an employees' master personnel file, departmental internal investigation files shall be expunged contemporaneously with such request and approval. Disciplinary actions, including sealed files with no recurrence, are eligible for removal, at the request of the employee after eight (8) years. In order to be eligible for removal the employee must authorize the City to view all sealed files to determine if a recurrence has occurred. Employees may request that disciplinary action, including sealed files, with no recurrence, be removed prior to eight (8) years if mutually agreed upon by the employee and city. 20 ARTICLE 14 PERSONNEL FILES (continued) B. Requests for sealing or removal of disciplinary actions should be directed to the office of the Chief of Police. C. Sealing or removal shall include all memos, letters, correspondence, complaint forms and any other written or electronically recorded material pertaining to the action. D. Sealing or removal shall not include any material related to criminal offenses for which the employee was charged nor any material related to a pending tat claim or pending litigation, except in concurrence with the sealing or expungement of criminal charges by a court of competent jurisdiction, or except in the event of complete exoneration of the employee by the court. E. The sealed action shall not be held to discriminate against the employee in any subsequent disciplinary action, or in the event of impending promotion, merit step raise, transfer, special requests, modification of duty, vacation selection, application for other employment, or against any other action the employee may take for his personal improvement or betterment. F. Once sealed, the file shall not be opened unless the employee requests such unsealing; or records are required for a pending tort, pending litigation or valid court subpoena approved by the City Attorney; or at the discretion of the Chief of Police who may deem it necessary to the employee's welfare to do so; but, in any case, the employee is to be notified of the opening of the sealed file and the reason therefore. G. All unfounded, exonerated, not sustained, and no finding complaints will be maintained in a separate file by the department, for a period of no more than two (2) years from the date of the alleged occurrence, unless a tort or litigation is pending. 21 ARTICLE 15 OFFICER BILL OF RIGHTS Section 1. The Chief of Police shall establish and put into operation a system for the receipt, investigation, and determination of all complaints against Police Officers received by such Chief of Police from any person. Section 2. Whenever an Officer is under investigation and is subject to interrogation by members of his agency, for any reason which could lead to disciplinary action, demotion, or dismissal, or is a witness to any such incident such interrogation shall be conducted under the following conditions: A. Interrogation: When an Officer is under investigation by the Owasso Police Department for a complaint received, and is to be interrogated in respect to such complaint by other members of the department when there is a logical possibility that suspension, demotion, or dismissal may result, such interrogation shall be conducted as follows: B. When an Officer is to be interrogated or interviewed as a witness in an investigation by the Owasso Police Department for a complaint received, and is to be interrogated or interviewed in respect to such complaint by other members of the department when there is a logical possibility that suspension, demotion, or dismissal may result for an officer, such interrogation or interview shall be conducted as follows: An accused Officer shall be notified of the name of all complainants, and the purported aggrieved person. Such notification shall accompany the notice of investigation. Absent corroborating evidence, no member of the Department can stand in as the complainant or aggrieved person, in order to protect the identity of the complainant or aggrieved person. The only exception shall be in the instance of criminal complaints against an officer. The employee may request to be confronted by the complainants. This shall be allowed where deemed necessary to by the employee or the investigating officer. 2. Preliminary discussions with supervisory personnel within the Police Department, in relation to a complaint received, shall not be considered as interrogation as used herein. The Officer being interrogated / interviewed shall be informed of the rank, name, and command of the Officer in charge of the investigation, the interrogating Officer or identity of any agent acting on behalf of the Officer in charge of the investigation, and all persons present during the interrogation. All questions directed to the Officer being interrogated / interviewed shall be asked by and through any one interrogator at any one time. 22 ARTICLE 15 OFFICER BILL OF RIGHTS (continued) 4. The Officer being interrogated /interviewed shall be informed of the nature of the investigation prior to any interrogation /interview. 5. Interrogation /interview sessions shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonably necessary. 6. The Officer being interrogated / interviewed shall not be subjected to offensive language or threatened with transfer, dismissal, or disciplinary action. No promise or reward shall be made as an inducement to obtain testimony or evidence. 7. The Officer being interrogated/ interviewed shall be completely informed of all his rights pursuant to this procedure prior to the commencement of the interrogation and of his responsibility to answer all questions, and this notification shall be included on the tape recording or written record of the session. 8. At the request of any Officer being interrogated / interviewed, he shall have the right to be represented by counsel or any other representative of his choice who may be present at all times during such interrogation, at no additional expense to the Employer. 9. Interrogation / interviewing of Officers may be taped or recorded in written form at the discretion of the investigating Officer. Officers being interrogated / interviewed may record the proceedings with his own equipment or record at his own expense. Records and tapes compiled by the department shall be exclusively retained by the department as confidential information, but may be used at the discretion of the Employer in administrative hearings or for other administrative purposes. C. An Officer under investigation shall receive written notification from the investigating Officer or the Chief of Police as to the determination of the investigation. Should an Officer be disciplined by suspension, demotion, dismissal, transfer, or reassignment arising from an investigation, he shall be notified in writing as to the action being taken and the reasons therefore. D. No Officer shall be discharged, disciplined, demoted, or denied promotion, or transfer, or reassignment, or otherwise be discriminated against in regard to his employment, or be threatened with any such treatment, by reason of his exercise of the rights granted by this contract. ARTICLE 15 23 OFFICER BILL OF RIGHTS (continued) E. Any and all questions shall be narrowly focused on the subject of the complaint. Questions shall be relevant and pertinent to the original complaint. If any additional violations surface, the investigator shall consult with the Chief of Police prior to investigating the newly uncovered violation. The Officer being investigated / interviewed shall be informed in writing at that time that the investigation is being expanded to include the additional violations. F. Disputes, disagreements, or grievances resulting from any lack of clarity in language, shall be resolved through the grievance process. G. Officers are afforded any and all rights, protections, and guaranties, granted to any employee by the Constitution of the United States, State of Oklahoma, and including any and all Federal, State, and Municipal laws, and ordinances. 24 ARTICLE 16 SAFETY AND HEALTH COMMITTEE Section 1. The Employer and the Lodge agree to cooperate to the fullest extent in the promotion of safety and health, on the Employer's premises and while carrying out this mission of the Employer and the duties of the employees. For this purpose, it is agreed to establish a safety and health committee to consist of two (2) members appointed by the Lodge, two (2) members appointed by the Chief of Police and one (1) member mutually agreed upon by the appointed members. Section 2. The Safety and Health Committee shall have the authority to conduct on -site inspections of equipment, buildings and other related areas to the occupational environment of the bargaining units. They shall also have the latitude to make studies of safety equipment and practices and to conduct investigations into health hazards that may be appropriate to protect the Employer's interest as it may relate to Worker's Compensation or other liability inherent to occupational diseases and injury and to protect the member's rights to a safe employment environment. At the discretion of the Chief of Police and the availability of manpower, members of the committee shall be excused from duty for the work of the committee. Section 3. The Employer agrees to make every effort to correct safety hazards or unsafe working conditions as recommended by the Safety Committee. 25 ARTICLE 17 HONOR GUARD An Honor Guard consisting often (10) Officers shall be selected by the Lodge. The composite of the Honor Guard shall be subject to approval of the Chief of Police. All necessary attire and equipment shall be furnished by the City. The function of the Honor Guard shall be to serve at official gatherings, such as the arrival of Dignitaries, Police Officer Funerals, State Memorial Service and any other special events as approved by the Chief of Police. Members of the Honor Guard may be allowed time off with pay for each event, subject to approval of the Chief of Police. Honor Guard vacancies may stay vacant up to twelve (12) months depending upon budget. An officer shall not voluntarily resign from the Honor Guard within three years of appointment to the Honor Guard. KI ARTICLE 18 DUES CHECK OFF Section 1. The Employer agrees to deduct regular monthly Lodge dues from earned wages of those employees who are in the bargaining unit and who have provided written authorization to the City for said deduction. The deduction shall be made from each paycheck in an amount certified to be correct by the Secretary of the Lodge no later than the close of the workday following each payday after the deduction is made. The payroll deduction shall be revocable by the employee by notifying the Employer in writing. The Employer will notify the Lodge, in writing, of any revocation. Section 2. The Employer will deduct only Lodge dues from the employee's paycheck and will not deduct initiation fees, special assessments, fines or any other deductions except for dues. In the event of an increase or decrease in Lodge dues, the Lodge will give the Employer thirty (30) days notice in order to allow the Employer to make the proper changes in its accounting records. No deductions will be made when the salary to be paid an employee is not sufficient to cover the amount deducted. Section 3. The Employer will provide the Lodge Secretary a detailed report showing all employees by name and deduction amount each pay period. Section 4. All deductions will be for the month in which they are taken. All deductions refundable at the time of termination or resignation will be refunded by the Lodge. The Employer shall not be responsible for errors. In case an error or improper deduction is made by the Employer, a proper adjustment of the same shall be made by the Lodge with the employee affected. Section 5. The Lodge shall indemnify, defend and hold the Employer harmless against any claims made and against any suits instituted against the Employer on account of payroll deduction of Lodge dues. Section 6. This service shall be provided at no expense to the Lodge or its members. 27 ARTICLE 19 CLASSIFICATIONS & PROMOTIONS Section 1. Classification and Promotions Process within the Owasso Police Department shall be as follows: A. Classifications Senior Patrolman: Must be a certified police officer with at least five (5) years of experience with the Owasso Police Department who has obtained the achievement of intermediate certification through (CLEET) the Oklahoma Council on Law Enforcement Education Training. 2. Master Patrolman: Must be a certified police officer with at least seven (7) years of experience with the Owasso Police Department, who has obtained the achievement of advanced certification through (CLEET) the Oklahoma Council on Law Enforcement Education Training. B. Promotions Sergeant: Must be a certified police officer with at least five (5) years experience as a police officer with the City of Owasso immediately prior to testing. 2. Lieutenant: Must be a Sergeant with at least one (1) year experience in the rank with the City of Owasso immediately prior to testing. 3. Captain: Must have at least seven (7) years of supervisory experience with the City of Owasso prior to testing. The City may, at its discretion, advertise for this position providing that all advertising for this position shall occur seven (7) days after the internal posting. Section 2. Eligible applicants for the promotional examination shall participate in an Assessment Process and an interview with the Chief of Police. A. The Assessment Process shall measure the knowledge, skills, and abilities specific to the Owasso Police Department, and shall be mutually agreed upon by the City and the Lodge. Assessors will be chosen through the assessment process and under no circumstances will an assessor be a current or past employee of the City of Owasso. B. For the rank of Sergeant and Lieutenant ranking shall be weighted 70% final Assessment Process score and 30% Chiefs Interview score. C. For the rank of Captain, ranking shall be weighted 60% final Assessment Process score and 40% Chiefs Interview score. 28 ARTICLE 19 CLASSIFICATIONS & PROMOTIONS (continued) Section 3. Upon completion of all testing it is agreed that the promotions shall be offered in the following manner for the listed position: A. Sergeant: The candidate with the highest score at the completion of testing. B. Lieutenant: The candidate with the highest score at the completion of testing. C. Captain: The Chief of Police will select the Captain from the top two candidates. Section 4. The promotional examination will be valid for one (I) year from the date the Assessment Process and Chief's Interview scores are posted. The Promotional Eligibility List will be signed and dated by both the Chief of Police and the FOP President. Any vacancies occurring during that year will be filled by the qualified candidates on the eligibility list. Section 5. One representative from the Bargaining Unit and one representative from the Owasso City Management shall be present throughout each testing portion of the process to evaluate the process and recommend any future changes to the process. Section 6. Employees with disciplinary suspensions without pay exceeding sixty (60) consecutive days shall not be eligible to apply for a promotion for one (1) year from the date of discipline. Employees with disciplinary demotion shall not be eligible to apply for a promotion for two (2) years from the date of discipline. Section 7. Employees with disciplinary suspensions without pay exceeding sixty (60) consecutive days or a disciplinary demotion shall be removed from any current promotional eligibility lists. 29 ARTICLE 20 VACATION Section 1. Employees within the bargaining unit shall receive paid vacation in accordance with the following, to -wit: Years of Employment Vacation Leave Method of Accumulation Maximum Accumulation 1 -4 96 hours 8 hours /month 260 hours 5 - 9 120 hours 10 hours /month 296 hours 10-14 144 hours 12 hours /month 356 hours 15-19 168 hours 14 hours /month 404 hours 20-24 192 hours 16 hours /month 452 hours 25 and over 216 hours 18 hours /month 500 hours Section 2. Accumulation. The employee of the bargaining unit shall be allowed to accumulate unused vacation leave for use in following years to the extent set forth in the chart above. Section 3. In the event a request to use vacation leave is denied and such denial results in the loss of further accruals, the officer having been denied the use of vacation leave shall be compensated in salary an amount equal to his regular rate of pay times the amount of accruals lost. 30 ARTICLE 21 HOLIDAY PAY Section 1. Compensation. Each employee of the bargaining unit shall receive as, and for, holiday pay the sum of ninety -six (96) hours times such employee's regular rate of pay. Such holiday pay shall be paid in two (2) separate checks or warrants of forty-eight (48) hours on the first paydate in the month of December, and forty-eight (48) hours on the first paydate in the month of June of the current fiscal year. Those employees of the bargaining unit scheduled to work and actually having worked on a holiday shall, in addition to the holiday pay above referenced, receive such employee's regular straight time pay for such day worked. Section 2. Prorated Pay. For those employees who are not employed for the entire six month period prior to the aforementioned first paydate in the month of December or the first paydate in the month of June, holiday pay will be calculated using the number of months employed divided by 6 months (the "holiday pay" period) multiplied by forty -eight (48) hours (as stipulated by contract). Section 3. Each employee of the bargaining unit shall have the option of receiving forty eight (48) hours payable in June and forty eight (48) hours payable in December as leave time in lieu of the holiday pay check in June and /or December. If elected, this leave time will be added to the employee's vacation balance. 31 ARTICLE 22 SICK LEAVE Section 1. Sick leave may be taken when an employee is unable to perform his duties because of personal illness, off-the-job injury or for necessary care and attendance of a member of the employee's immediate household or when an employee might expose or jeopardize the health of others. Employees may elect to have such time off deducted from personal compensatory time reserves in lieu of sick time at the discretion of the employee. On duty supervisors must be notified at least one (1) hour prior to starting time. An employee may be subject to disciplinary action for failure to notify his supervisor of absence. Section 2. Accrual of Sick Leave. Each member of the bargaining unit shall accrue sick leave at the rate of nine and one quarter (9 1/4) hours for each complete month of service. Each employee of the bargaining unit shall be allowed to accumulate a maximum of 1 105 hours of sick leave. Section 3. Doctor's Certificate. If an employee is ill for three (3) consecutive days, the employee shall, upon request and at the City's expense, furnish a doctor's certificate as a condition precedent to being granted sick leave. The certificate shall certify that the employee was unable to work due to illness or injury to self or immediate family member and verify the employee's fitness for return to work. The doctor must be an in- network doctor based on the current health plan. Section 4. Misuse of Sick Leave. Any employee who misuses the sick leave privilege may be dismissed as well as be denied pay for the day. Section 5. Pregnancy. Pregnancy shall be treated as any other condition in regard to sick time. However, for an employee engaged in hazardous or emergency services, a doctor's certificate shall be required after the sixth month and each month thereafter for the duration of the pregnancy, stating the employee's ability to continue her regular duties without limiting her performance. Section G. Emergency Leave. In the event of death, serious injury, serious or contagious illness in an employee's immediate family, the employee shall be granted emergency leave. This emergency leave shall be a leave with pay, but shall be charged to either sick leave, vacation leave, or compensatory time at the discretion of the employee. Section 7. Immediate family as utilized in the sick leave and emergency leave provisions above stated shall be understood to mean husband or wife, father or mother of employee or spouse, sister or brother of employee or spouse, grandparents of employee or spouse, children or legally adopted children of husband or wife or both. Any other person whose relationship could justify the employee's absence may require special approval by the Chief of Police. 32 ARTICLE 22 SICK LEAVE (continued) Section 8. An employee upon retirement shall be paid an amount equal to fifteen percent (I5 %) of their accrued sick leave calculated at the employee's rate of pay at the time of disbursement. An employee may instead convert fifteen percent (15 %) of their accrued sick leave to terminal leave. In order to be eligible for this benefit the employee must provide the City sufficient notice of pending retirement and election option. Said notice to be not less than ninety (90) days prior to expected date of retirement. Section 9. In the event of the death of the employee, said employee's beneficiary shall receive payment equal to one hundred percent (100 %) of the employee's accrued sick leave. 33 ARTICLE 23 WORK SCHEDULE Section 1. There is hereby designated by the employer a regular fourteen- (14) day work period for all employees which will consist of eighty -five and one half hours (85v2). Section 2. The Patrol Division of the Owasso Police Department will be organized into two squads and each squad into two shifts to work scheduled hours each work period as follows: Squad One / Shift One (Day Shift) Week 1: Scheduled Work Hours 0700 to 1900 Sunday, Monday, Tuesday, Wednesday Scheduled Days Off Thursday, Friday, Saturday Week 2: Scheduled Work Hours 0700 to 1900 Sunday, Monday, Tuesday Scheduled Days Off Wednesday, Thursday, Friday, Saturday Squad One / Shift Two (Night Shift) Week l: Scheduled Work Hours 1900 to 0700 Sunday, Monday, Tuesday, Saturday Scheduled Days Off Wednesday, Thursday, Friday Week 2: Scheduled Work Hours 1900 to 0700 Sunday, Monday, Tuesday Scheduled Days Off Wednesday, Thursday, Friday, Saturday Squad Two / Shift One (Day Shift) Week 1: Scheduled Work Hours 0700 to 1900 Thursday, Friday, Saturday Scheduled Days Off Sunday, Monday, Tuesday, Wednesday Week 2: Scheduled Work Hours 0700 to 1900 Wednesday, Thursday, Friday, Saturday Scheduled Days Off Sunday, Monday, Tuesday Squad Two / Shift Two (Night Shift) Week I: Scheduled Work Hours 1900 to 0700 Wednesday, Thursday, Friday Scheduled Days Off Sunday, Monday, Tuesday, Saturday Week 2: Scheduled Work Hours 1900 to 0700 Wednesday, Thursday, Friday, Saturday Scheduled Days Off Sunday, Monday, Tuesday Section 3. There shall be one and one half (1.5) hours per fourteen (14) day work period that may be utilized as briefing time for the Patrol Division. Said briefing time shall be contiguous with the regular scheduled work hours, as scheduled by the Chief of Police. If the one and one half (1.5) hours per fourteen (14) day work period is not utilized for shift briefings, it is the responsibility of each officer to work the one and one half (1.5) hours during the two week work period contiguous with the regular schedule work hours. The one and one half (1.5) are to be recorded on the date(s) actually worked. 34 ARTICLE 23 WORK SCHEDULE (continued) Section 3. The following exemptions shall apply to the work period criteria provided for in this article. Under no circumstances are any exemptions, other than those specifically designated in this section of this article, allowable under this agreement. A. Employees, upon approval by the Chief of Police, shall be allowed to trade a shift or partial shift with another employee as provided for by F.L.S.A. B. Any employee requesting training opportunities may request and be granted, by the Chief of Police, a change in their regular days off and /or work hours in order to attend such training opportunities. C. Detectives may, solely at their request, alter their work hours and /or work days, upon approval by the Chief of Police, due specifically to case load and /or investigative necessity. This does not include coverage for absent officers. D. Trainees, while in Field Training Program, may be required to change shift hours and days off to accommodate such training schedule. E. Captains may, solely at their request, alter their work hours and /or work days, upon approval by the Chief of Police, due to assigned case load or operational demands of the department as determined by the Chief of Police. This does not include coverage for absent officers. F. Members assigned to the Street Crimes Unit on a full -time basis, are expected to alter their work hours, and /or workdays to meet the needs of their investigation, with the approval of their Supervisor. G. Members not assigned to the Street Crimes Unit on a full -time basis may, solely at their request, alter their work hours, and /or workdays upon approval by their Supervisor. H. School Resource Officers /Sergeants will work a schedule that begins seven (7) days before the first day of the school year through seven (7) days past the last day of the school year as established by the Owasso Public Schools. During the Summer, when school is not in session, School Resource Officers /Sergeants will be assigned to a shift at the discretion of the Chief. Once assigned, the School Resource Officer's Sergeants shift will not change during the summer break. 35 ARTICLE 23 WORK SCHEDULE (continued) Section 4. Any hours worked in excess of eighty -five and one half (85 1/2) hours per work period or any time worked in excess of the herein designated work week shall be compensated at the rate equal to one and one -half (1 1/2) times the employee's regular hourly rate of pay or compensatory time at the same rate. It is agreed that an employee will not be required to take off from the regular working hours to avoid overtime compensation or compensatory time. A. Other than exceptions noted in B and C, the type of compensation will be at the sole discretion of the Officer. B. If an Officer accrues more than 240 hours of compensatory time, the manner of compensation shall be at the discretion of the Chief of Police until such time that the Officer's accrued compensatory time balance falls below 240 hours. C. For voluntary assignments and voluntary training the manner of compensation shall be at the discretion of the Chief of Police. Section 5. If an employee is called back from scheduled time off, hours worked will be compensated atone and one -half (1 1/2) times the employee's regular hourly rate of pay or compensatory time at the same rate. The type of compensation will be at the sole discretion of the Officer. Employees shall be guaranteed a minimum of two (2) hours pay at a rate of one and one -half (1 1/2) times their regular hourly rate of pay anytime the employee is called in to work other than regularly scheduled work hours, as well as, any officer being placed in an "on -call' status by the courts. However, should an officer be required to report to court such officer shall be compensated according to the above, and would not be eligible for the two hours "on- call" compensation. If an officer accrues more than 240 hours of compensatory time, the manner of compensation shall be at the discretion of the Chief of Police until such time that the Officer's accrued compensatory time balance falls below 240 hours. Section 6. For computation of employee work hours, all vacation leave and compensatory time will be considered time actually worked. 36 ARTICLE 24 SENIORITY Section 1. As used herein, the tern Seniority shall refer to, and be defined as, the continuous length of service within the Owasso Police Department, or for those employees who hold rank and /or classification, the continuous length of service within rank and /or classification within the Owasso Police Department. Seniority for employees with the same hire dates shall be determined by random selection. Seniority for employees with the same promotion date shall be determined by the highest promotional score at the completion of testing. The classification of Senior Patrolman and Master Patrolman have rank parity with Patrolman, such classifications are an indication of a level of experience with the department and education as established by the Oklahoma Council on Law Enforcement Education and Training, not an indication of seniority. Section 2. Seniority lists shall be established and updated by the lodge as of first day of July of each fiscal year, and such shall remain unchanged but for circumstances hereinafter set forth. Section 3. After the effective date of this Agreement, seniority for employees hired or rehired shall commence on the date of hire or rehire. Section 4. Except where impractical due to skill levels of employees, or experience of employees, or where specific working conditions, or assignment to specialty unit(s) exist which would preclude certain employees from working specific shifts, and considering required manning levels, seniority will be the dominate factor to be considered by the Chief of Police, or his /her designated representative, in reaching the following determinations, to -wit: A. Squad /Shift assignment; provided however that general shift change assignments shall occur only one (1) time per year, which shall occur on the beginning of the first pay period of each calendar year. In the event of a mid -year promotion(s) a mid -year shift bid shall occur, unless mutually agreed upon between the Chief of Police and the Lodge to delay the shift bid. B. Assignment to Specialty Unit(s): Canine Officers will be in a separate squad /shift bid excluded from the Patrol division squad /shift bid assignment, based on seniority within the unit. If more than one officer is selected at the same time, seniority will be based on the ranking in the testing process. However, supervisors who are also designated as a Canine Officer will continue to participate in the Supervisor squad /shift bid assignment. C. Assignment to Specialty Unit(s): Officers newly assigned to the Detective Division will not be eligible to participate in a squad /shift bid assignment for two years from the date of assignment to the Detective division. ARTICLE 24 37 (continued) D. Granting of vacation leaves requested sixty (60) days in advance; vacation leaves requested at least sixty (60) days in advance shall require written approval or denial with explanation, within forty-eight (48) hours of expiration of sixty (60) day limit. Those requests for vacation leave not made sixty (60) days in advance shall be granted on a first- come - first -serve basis with written approval or denial with explanation provided to employee within forty -eight (48) hours of submission of vacation request. Vacation shall not be requested more than one hundred and eighty days (180) days in advance. It is agreed that the Chief of Police, or his /her designated representative, will make every effort to approve requested time off as submitted, in whole. E. Scheduling of comp time cannot be more than one hundred and eighty days (180) days in advance and not less than two (2) days in advance unless such request does not place the shift below minimum manning, or does not unduly disrupt the department. Section 5. In the event of a reduction in force, employees shall be laid off in the reverse order of seniority. Employees shall be recalled from layoff status by seniority to be determined from the original date of hire. Recall rights shall be preserved for a period of eighteen (18) months from the date of layoff. Notice of recall shall be mailed by certified mail to employees to their last place of residence shown on Employer's personnel records, as well as written notice shall be given on the same date to the Lodge President or his designated representative. Any employee who fails to report for duty within thirty (30) working days following receipt of notice of recall or within thirty (30) working days following attempted delivery of such notice or the same is unclaimed or otherwise not actually received, shall be deemed as having permanently terminated his employment. Section 6. The provisions of this Article shall be construed to encompass all seniority rights in existence on the effective date of this Agreement. M ARTICLE 25 RETIREMENT AND PENSION Section 1. For those Employees who are members of the Oklahoma Police Pension and Retirement System the Employer shall appropriate funds for the use and benefit of the System, as provided by Oklahoma Statutes, Title 11, ss 50 -109. Section 2. The Employer -paid four percent (4 %) of each Employee's required eight percent (8 %) contribution toward the Oklahoma Police Pension and Retirement System previously provided for in Article 25 is included in the base pay provided in Article 33 as of the 2013 -2014 contract year. 39 ARTICLE 26 INSURANCE Section 1. Each employee of the bargaining unit shall receive the same insurance benefit package that is provided to other City employees, including but not limited to: A - Hospitalization B - Medical C - Vision D - Dental E - Life The carriers of the preceding types of insurance will be determined by the Employer. All costs for Employee insurance coverage and annual biometrics screenings will be paid by the Employer. Should a member of the bargaining unit elect not to participate in the annual biometrics screening coordinated by the Employer, such Employee shall be charged $25 per month for Medical Insurance. Members of the bargaining unit may elect, if applicable, dependent coverage for all of the above listed insurance, the cost for dependant coverage will be paid the same as is provided for other City employees. Section 2. The employer will pay to the Lodge the sum of $3.50 per month for each employee in the bargaining unit who is a policy holder of the Fraternal Order of Police Legal Defense Plan for the purpose of applying toward the premium costs of the same. (It is understood this is "additional' funding for legal defense insurance only and not assignable or re- assignable to or for any other purpose.) Section 3. The Lodge agrees to provide the City a copy of invoices from the insurer and a roster of members of the bargaining unit who are enrolled in the Fraternal Order of Police Legal Defense Plan by the fifth (5th) day of the month for the purposes of calculating the amount due the Lodge. 40 ARTICLE 27 UNIFORM AND EQUIPMENT Section 1. The employer shall pay each member of the bargaining unit a clothing /uniform and equipment allowance in the amount of Twelve Hundred Dollars ($1200). Payment shall be made in two equal payments of Six Hundred Dollars, the first on the first paydate in July and the second on the first paydate in November. The Employer shall pay a prorated uniform allowance to each member of the bargaining unit upon the completion of his /her one -year probationary period. Such prorated uniform allowance shall be based upon the amount of uniform allowance designated herein Section 1 and the number of months remaining until the next July payment date. Section 2. The Employer shall provide for cleaning of uniforms. The Employer shall also provide for cleaning of clothing utilized by detectives in the performance of their duties. Such cleaning shall be arranged for in such manner as to assure a local depository /pick -up in the event of servicing outside the municipality which is in the Employers discretion. Section 3. The Employer shall provide for all new members of the Police Department hired after July 1, 2013 a complete issue of new or like new uniforms, to include the following: A. four (4) uniform shirts, short sleeve: B. four (4) uniform shirts, long sleeve; C. four (4) uniform trousers; D. all leather gear; E. two (2) pairs handcuffs; F. two (2) badges; G. one (1) police style rechargeable flashlight; H. one (1) bullet resistant vest; I. one (1) all weather jacket; J. inclement weather gear; K. one (1) box of ammunition as specified in Section 4 of this article; L. one (1) Air Force Round hat; M. one (1) expandable baton; N. one (1) canister of defensive chemical spray; O. two (2) pairs of collar brass; P. one (1) whistle chain; Q. one (1) whistle; R. two (2) metal name tags; 41 ARTICLE 27 UNIFORM AND EQUIPMENT (continued) S. one (1) police equipment bag; T. two (2) metal report folders; U. two (2) metal citation folders; V. all nylon duty gear; W. one (1) outer carrier for bullet resistant vest; X. and any other uniform or equipment that is required, including but not limited to special clothing and equipment necessary for K9 Officer, Motorcycle Officer and other specialized assignments. Section 4. Since employees are required to carry and use only approved ammunition, the Employer shall, during the term hereof, provide each employee fifty (50) rounds of Employer- approved hand -gun ammunition, same to be utilized only in the course of duty. Those employees who have qualified annually with department issued or department approved shotguns, such employees shall receive ten (10) rounds shot -gun shells consisting of five (5) rounds 400 buckshot and five (5) rifled slugs. To those employees who have qualified annually with department issued or department approved rifles, such employees shall receive fifty (50) rounds of ammunition. The Employer- approved duty ammunition shall be issued once a year to each employee, on or before December 15th. Section 5. The Employer shall provide each member of the bargaining unit a bullet- resistant vest of a design approved by the Chief with input from the Health and Safety Committee. Such vest shall be maintained by the Employer at no cost to the employee and shall be replaced in accordance with manufacturer's recommended replacement schedule. At the request of the employee a new outer carrier will be provided at the same time the bullet- resistant vest is replaced. This item of safety shall be the sole property of the City of Owasso. However, upon request, the bullet- resistant vest shall become the property of the employee at retirement. In no case shall an employee be denied a replacement vest in the event the one in current use exceeds the manufacturer's suggested replacement schedule or becomes damaged. An individual employee may choose to purchase a bullet resistant vest of a make or model different from that selected by the Employer for issue. In the event such a selection is made, the Employer shall pay a portion of the cost equal to the cost of the vest issued by the Employer, provided, however, that such vest shall become the sole property of the Employer requiring no reimbursement whatsoever for a period of one year from date of purchase. However, upon request, the bullet- resistant vest shall become the property of the employee at retirement. Bullet- resistant vests that exceed the manufacturer's suggested replacement schedule shall become the property of the employee. Threat Level III or higher vests shall be the sole property of the City of Owasso, and shall not become the property of the employee under any circumstance. M ARTICLE 27 UNIFORM AND EQUIPMENT (continued) Section 6. Once an employee completes his /her initial probationary period, the following items shall become the sole property of that individual officer: Four (4) uniform shirts, short sleeve; Four (4) uniform shirts, long sleeve; Four (4) uniform trousers; One (1) Air Force Round hat; Two (2) pairs collar brass; One (1) whistle chain; One (1) whistle Two (2) metal name tags The City shall be responsible for the repair and replacement of uniforms and equipment listed in Section 3, but not normal wear and tear of uniforms and equipment listed in Section 6. Section 7. Members of the bargaining unit with ten (10) years of service and an honorable discharge will be allowed to keep all badges that include the officer's badge number. Members with between five (5) and ten (10) years of service and an honorable discharge may request approval from the Chief of Police to keep one badge that includes the officer's badge number. Section 8. In consideration of the fact that assignment to the detective division requires the Employee to purchase clothing other than traditional uniforms, the Employer shall provide a prorated uniform allowance to officers upon initial appointment to the detective division. Such prorated uniform allowance will be based on the detective clothing allowance designated herein Article 27, however such prorated uniform allowance will be reduced by Eight Hundred Fifty Dollars ($850.00) annual uniform allowance received herein Section I of this Article 27. Section 9. For appearance and safety reasons members of the bargaining unit shall not wear jewelry while on duty, with the exception of a wedding ring and a watch. Jewelry wom underneath the uniform that is not visible will be allowed. 43 ARTICLE 28 PERSONAL PROPERTY Section 1. The intent of Article 28 is to establish parameters for the City to replace personal property that is legitimately damaged while performing unavoidable work duties. The City shall not fiord replacing personal property damaged, destroyed, lost or stolen while on duty due to gross negligence. Section 2. The Employer shall repair, replace, or reimburse employee at Employer's expense, employee's personal property which is damaged, destroyed, lost or stolen, ordinary wear and tear excepted, while on duty unless it is shown by the Employer that the employee was negligent in incurring loss or damage to the personal property of employee. The maximum expense the Employer shall have by virtue to this Article shall be limited to $3,500 per officer, per incident. Watches, laptops and mobile technology (excluding phones) are limited to $200 per item per incident. Mobile phones are limited to $1,000 per incident. To be eligible for coverage phones must be kept in a protective case. Said expense shall not include the cost of an officer's personal weapons that may need to be repaired or replaced. Section 3. In order to be eligible for repair, replacement, or reimbursement, all items of personal property must be on an inventory list which shall be maintained by the Chief of Police. Inventory lists including an estimate of value of each item shall be updated twice per year (July 15 and January 15). An employee may add to or delete from the list at any time. The total value of the items listed on the inventory shall not exceed $3,500, except by approval of the Chief of Police. Officer owned weapons shall be listed on the inventory list, but the weapons value shall not be counted toward the $3,500 maximum value. Weapons that may be carried on duty are those that are approved by policy. Clothing items that are worn on duty will be recognized as the uniform of the day and will not have to be listed on the inventory, in order to be covered. Section 4. When repair, replacement or reimbursement is requested, such request shall be accompanied by a report specifying the incident or actions surrounding the damage or loss. If damaged and recoverable, the employee shall present the damaged article to the Employer for inspection. If replaced, the salvaged item(s) shall become the property of the City of Owasso. Section S. Repair, replacement or reimbursement will be at the employer's sole discretion, and will not include items covered by individual's personal insurance. 44 ARTICLE 29 TEMPORARY ASSIGNMENT Section 1. Any employee assigned additional supervisory duties not consistent with the normal duties of their rank for any period of time, shall receive a temporary increase in pay for the period of time such "acting" assignment is in effect. Section 2. The amount of pay shall be consistent with the position and duties to be performed, but shall not necessarily be equal to the pay received by the absent employee. Such temporary pay increase shall be consistent with the adopted pay schedule guideline. Section 3. When a Lieutenant in charge of a shift is gone because of vacation leave or compensatory time leave, the Sergeant on the shift will assume command of the shift without being considered working under "temporary assignment" and will not receive "temporary assignment" pay. Section 4. In the event the Lieutenant in charge of a shift is gone for any reason, for a period of thirty (30) calendar days or more the Sergeant on the shift shall receive a temporary increase in pay for such time "acting" assignment is in effect beginning on the thirty -first (3 1) consecutive day of the Lieutenant's absence. The amount of pay shall be consistent with Lieutenant's pay and the adopted pay schedule guidelines, but shall not necessarily be equal to the pay received by the absent employee. In the event the Lieutenant in charge of a shift is on light duty and working regular shift assignment, for a period of thirty (30) calendar days or more, including consecutive days of absences, the Sergeant on the shift shall receive a five percent (5 %) increase in pay on the thirty -first (3 1) consecutive day. Section 5. Employees with less than five (5) years of experience with the Owasso Police Department shall not be eligible for "temporary assignment ". Section 6. Employees with disciplinary suspensions without pay exceeding sixty (60) consecutive hours shall not be eligible for "temporary assignment" for one (1) year from the date of discipline. Employees with disciplinary demotion shall not be eligible for "temporary assignment" for two (2) years from the date of discipline. 45 ARTICLE 30 EDUCATION INCENTIVE Section 1. Tuition Reimbursement. The Employer shall pay tuition costs, under the limitations hereinafter set forth in this Article, for required or elective courses leading to a Bachelor's degree. A. The tuition herein provided shall not exceed the tuition cost for comprehensive universities and colleges as established by the Oklahoma State Regents for Higher Education. B. Course(s) on which reimbursement will be requested must be part of a Degree plan and must be approved by the Chief of Police prior to enrollment. If reimbursement is being sought for a Master's Degree or beyond, approval of the City Manager or his /her designee must be obtained prior to enrollment. C. Employees must receive at least a 2.0 on a 4.0 scale or a minimum of a "C" grade on a letter grade scale in each course. Failure to maintain a "C" grade in a course will result in non - payment of tuition for those hours. D. Upon verification of satisfactory completion of the course, reimbursement for the tuition shall be made to the employee. Section 2. College Education Compensation. Each member of the bargaining unit is entitled to receive additional compensation for college level education accomplishments in a law enforcement related field as follows: A. Any employee may request pay in the amount of One Dollar ($1.00) per month per credit hour for successfully completed college credit hours to a maximum of seventy -five hours. B. Any employee holding an Associate Degree shall be paid One Hundred Dollars ($100.00) per month in addition to the employee's base pay. C. Any employee holding a Bachelors Degree shall be paid One Hundred and Twenty -Five Dollars ($125.00) per month in addition to the employee's base pay. D. Any employee holding a Graduate Degree shall be paid One Hundred and Fifty Dollars ($150.00) per month in addition to the Employee's base pay. E. Payment for an Associates, Bachelors, or a Graduate Degree will be made for those degrees conferred in any area of study in a law enforcement related field. Payment for college hours shall be based on the following criteria: 46 ARTICLE 30 EDUCATION INCENTIVE (continued) Employee must receive at least a 2.0 grade point average on a 4.0 scale or a minimum of a "C" grade on a letter grade scale. 2. A copy of the transcript must accompany each request and any request for increasing such pay. 3. Payment for course hours will be allowed if justification is given indicating such hours were required to pursue a Degree in a law enforcement related field (i.e. college handbook outlining degree prerequisites and electives). F. An officer holding multiple degrees shall only receive the compensation identified for the highest single degree for which the officer qualifies. 47 ARTICLE 31 LONGEVITY PAY Section 1. Employer shall pay each employee covered by this agreement longevity pay. Longevity pay shall commence on the employee's fifth employment anniversary, at the rate of $.25 per hour. On the employee's sixth employment anniversary the employee's longevity pay shall increase to the rate of $.60 per hour, and the employee shall receive a further increase of $.10 per hour each year thereafter. Section 2. Longevity pay is paid based on seniority as a member of the bargaining unit. However, it is agreed that the Memorandum of Understanding/Agreement signed on December 2, 2014 by the City and the Lodge relating to longevity calculation remains in effect as a part of this contract. EEO ARTICLE 32 DETECTIVE "ON-CALL" PAY Section 1. A minimum of one detective shall be placed on an "on- call" rotation schedule. "On- call" shall be deemed to mean the following: A. The employee is free to go or remain at any location of the employee's own choosing, so long as the employee can call -in within ten (10) minutes of receiving a call to work, and as long as the employee can respond to the requested location within one (1) hour of receiving a call to work; B. The employee is free to use the waiting time for any personal matters the employee chooses; C. The employee must remain sober while on -call; D. The employee must carry a working pager, or otherwise leave a telephone number with dispatch, where the employee who is on -call can be reached if needed. E. The Chief of Police will establish a bi- annual on -call rotation schedule. Section 2. Detectives shall receive "on call" compensation in the amount of $26 per day. If an "on- call" detective fails to respond to the requested location within one hour of being called, on more than one occasion during a contract year, the "on -call' compensation shall be forfeited for that day. "On call" pay will be payable with normal payroll cycles. ARTICLE 33 COMPENSATION Section 1. There is created for pay purposes, a standard "Police Department Pay Plan." For the purpose of this Labor Agreement, effective July 1, 2019 each employee of the bargaining unit shall receive compensation based on the "Police Department Pay Plan A" included in this agreement according to the employee's range and step as of June 30, 2019. Effective January 1, 2020 each employee of the bargaining unit shall receive compensation based on the "Police Department Pay Plan B" included in this agreement according to the employee's range and step as of December 31, 2019. Employees hired under experienced based pay will be placed in the appropriate pay plan according to the years of service compensation is based on. A. New hires shall begin at Entry Level except when the new Officer is already a State Certified Peace Officer with prior law enforcement experience as a State Certified Peace Officer at another law enforcement agency within this State or otherwise. Should a State Certified Peace Officer with experience at another law enforcement agency be hired, the Chief of Police shall conduct a review of the individual's qualifications and experience and determine the appropriate entry-level salary within Range 1. No Officer shall be brought in at a step higher than Step E. New hire placement at a step other than entry level will only affect the employee's advancement on the Police Department Pay Plan. B. Pay Plan Advancement for current Officers and Officers hired at Entry Level. Upon completion of the initial employment probation period of service, all Police Officers shall advance to Range I, Step A. Thereafter Officers shall advance one step each year of service effective on the employment anniversary date of the employee. Step advancements will automatic throughout the term of this agreement. C. Pay Plan Advancement for Officers hired at a Step other than Entry Level. Officers shall advance one step per year of service effective on the employment anniversary date of the employee. Step advancements will be automatic throughout the term of this agreement. Section 2. In cases of transfer and /or promotion, the employee will advance to the same pay step in the appropriate range for his new job classification after which the employee shall continue to advance in the Pay Plan, according to Section B and Section C, effective on the employment anniversary date of the employee. 50 ARTICLE 33 (continued) Section 3. The followingjob classifications shall be compensated at the rate specified in the "Police Department Pay Plan" as follows: Officer Range I Sergeant Range 2 Lieutenant Range 3 Captain Range 4 51 Police Department Pay Plan A (Effective 07101/2019) Police Department Pay Plan 8 (Effective 01/0112020) Entry (1 year)' (2 year)' (3 year)' (4 year)' (5 year)' (6 year)' (7 year)' (8 year)' (9 year)' (10 year )' (i I year)* Patrol 19.69 20.42 21.18 21.94 22.76 23-GO 24.46 25.38 26.32 26.99 28.32 29.40 Sergeant 24.0'1 24.91 25.83 26.79 27.79 28.83 29.91 31.02 32.21 Lieutenant 30.41 2727 28.30 29.34 30.45 31.59 32.78 34.01 35.32 Captain 3209 . 33.28 31.00 32.15 33.36 34.62 35.94 3727 38.72 Police Department Pay Plan 8 (Effective 01/0112020) *Pay scale may not correlate with actual years of service 52 Entry Level Patrol 20.19 20.92 21.68 22.44 2326 24.10 24.96 25.88 26.82 27.49 28.82 29.90 Sergeant 24.51 25.41 26.33 27.29 2829 29.33 30.41 31.52 32.71 Lieutenant 27.77 28.80 29.84 30.95 3209 . 33.28 34.51 35.82 Captain 31.50 32.65 33.86 35.12 36.44 37.77 39.22 *Pay scale may not correlate with actual years of service 52 ARTICLE 34 DRUG & ALCOHOL TESTING The Lodge and the City recognize the need to conform to the Oklahoma Standards for Workplace Drug and Alcohol Testing Act, 40 O.S. Section 551 et seq. and the need to maintain a safe work environment free from hazards of drugs or alcohol for the safety of both Police personnel and the citizens. Therefore both patties agree that drug and alcohol testing shall be administered in accordance with the Oklahoma Standards for Workplace Drug and Alcohol Testing policy within the City of Owasso's Personnel Manual. 53 ARTICLE 35 WELLNESS PROGRAM Section 1. It is the intent of this article to enter into an agreement between the Fraternal Order of Police Lodge #149 and the City of Owasso to implement a Wellness Program that will improve the fitness standards within the Police Department. The Lodge and City agree that increased fitness standards will lower the incidents of on the job injury as well as the use of sick leave. Section 2. The City agrees to pay a per month program fee of up to Fifteen ($15.00) dollars for each member of the bargaining unit who signs up to participate in a voluntary fitness program. The voluntary fitness program will be available for sign -up twice a year, between June I" and June 30`" and December I" and December 31 s` of each year. Members are responsible for providing proof of participation that documents participation the physical fitness program of their choice at least once within any seven (7) day period, excluding time used for vacation or extended sick leave. Participating members must agree to allow the fitness facility to release individual goals, progress and participation dates to the employer on a monthly basis. Participating members working out while not on duty are not covered by Worker's Compensation. Should a participating member not take part in his/her physical fitness program at least once within any seven (7) day period, excluding time used for vacation or extended sick leave, that member shall not be eligible for that month's reimbursement. Section 3 . Reimbursements shall be made through payroll, applicable taxes will be withheld. In order to be eligible for the quarterly reimbursement members must provide proof of participation by the 15th of the month following the end of each calendar quarter. • July /August/September proof of participation due by October 15th • October/November /December proof of participation due by January 15th • January /February/March proof of participation due by April 15th • April /May /June proof of participation due by July 15th ON I ARTICLE 35 WELLNESS PROGRAM (continued) Section 4. This section provides an incentive to Owasso Police Officers to actively participate in a voluntary Physical Fitness Program. The program will utilize the Cooper's Fitness Test. The test involves five (5) categories that measure varied aspects of fitness utilized in the performance of Police duties. Each category provides ways for the Officer to accumulate points which are calculated to determine eligibility for the incentive award. Members of the Bargaining Unit who voluntarily participate in the Physical Fitness Program and test in at least three categories will be credited with two comp hours. I . The Cooper Fitness Test will be administered bi- annually in October and April. The points will be calculated from five (5) categories with point values based on the Cooper Fitness Test. The points and record forms will be maintained by a designated OPD Fitness Coordinator selected by the Chief of Police. The forms will be agreed upon by the Lodge and Chief of Police. 2. The incentive program involves an awards program with three categories. The categories are "Gold Award" which requires 40 points, the "Silver Award" which requires 35 points and the `Bronze Award" which requires 30 points. A. The "Gold Award" = sixteen (16) vacation hours, the "Silver Award" = ten (10) vacation hours and the "Bronze Award" = six (6) vacation hours. 55 ARTICLE 36 SHIFT DIFFERENTIAL The City will establish a shift differential pay to all officers that have bid to work "Shift Two' (Night Shift). The amount will be an additional $0.50 (fifty cents), added to the base rate of officers assigned to "Shift Two' (Night Shift). Ile In Witness Whereof, the parties have hereunto subscribed their names this day of 2020. ATTEST: Juliann M Stevens, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney 57 CITY OF OWASSO, OKLAHOMA A Municipal Corporation Chris Kelley, Mayor FRATERNAL ORDER OF POLICE Lodge #149 By: FOP President By: FOP Secretary TO: The Honorable Mayor and City Council FROM: Michele Dempster Human Resources Director SUBJECT: International Association of Firefighters Local #2789 Contract for FY 2020 -2021 DATE: May 15, 2020 BACKGROUND: As a part of the fiscal year 2019 -2020 contract negotiated with the International Association of Firefighters (IAFF), the City Council approved language agreeing to ratify the contract for a second year. The second year of the contract, effective for fiscal year 2020 -2021, includes a 1.5% across the board increase effective July 1, 2020, and a 1.25% across the board increase effective January 1, 2021. All other language remains unchanged. The increase in all costs associated with continuing the contract is $369,444 RECOMMENDATION: Staff recommends ratification of the 2020 -2021 contract between the City of Owasso and the International Association of Firefighters Local #2789 and authorization for the Mayor to execute the contract. ATTACHMENT: IAFF Fiscal Year 2020 -2021 Contract AGREEMENT BETWEEN THE CITY OF OWASSO, OKLAHOMA A MUNICIPAL CORPORATION AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL NO. 2789 July I, 2020 — June 30, 2021 TABLE OF CONTENTS ARTICLE I PURPOSE OF AGREEMENT 1 ARTICLE2 RECOGNITION 2 ARTICLE 3 MUTUAL RESPONSIBILITY TO AVOID DISCRIMINATION 3 ARTICLE 4 GENDER CLAUSE 4 ARTICLE 5 AUTHORITY AND TERM 5 ARTICLE 6 MANAGEMENT RIGHTS AND RESPONSIBILITIES 6 ARTICLE 7 PREVAILING RIGHTS 7 ARTICLE 8 PROHIBITION OF STRIKES 8 ARTICLE 9 BARGAINING UNIT RIGHTS AND SECURITY 9 ARTICLE 10 PERSONNEL FILES 10 ARTICLE 11 REGULAR AND SPECIAL MEETINGS 12 ARTICLE 12 ORGANIZED MEAL PROGRAM 13 ARTICLE 13 SENIORITY 14 ARTICLE 14 HOURS AND TIME EXCHANGE 16 ARTICLE 15 PERSONNEL REDUCTION 17 ARTICLE16 STAFFING 18 ARTICLE 17 SAFETY AND HEALTH COMMITTEE 19 ARTICLE 18 GRIEVANCE PROCEDURES 20 ARTICLE 19 DUES CHECK - OFF 25 ARTICLE 20 COMPENSATION 26 ARTICLE21 OVERTIME 30 ARTICLE 22 VACATIONS AND HOLIDAYS 32 ARTICLE. 23 SICK LEAVE 34 ARTICLE 24 COURT AND JURY LEAVE 36 ARTICLE 25 UNIFORMS .............................................................................. .............................37 ARTICLE26 INSURANCE ............................................................................ .............................39 ARTICLE 27 TUITION REIMBURSEMENT ............................................... .............................40 ARTICLE 28 SUCCESSORS AND ASSIGNS .............................................. .............................41 ARTICLE 29 SAVINGS CLAUSE ................................................................. .............................42 ARTICLE30 LONGEVITY ............................................................................ .............................43 ARTICLE 31 RETIREMENT AND PENSION .............................................. .............................44 ARTICLE 32 PHYSICAL FITNESS PROGRAM .......................................... .............................45 ARTICLE 33 DRUG & ALCOHOL TESTING .............................................. .............................46 SIGNATURE PAGE APPENDIX A, APPENDIX B, APPENDIX C, APPENDIX D, APPENDIX E ARTICLE i PURPOSE OF AGREEMENT It is the intent and purpose of this Agreement, entered into by and between the CITY OF OWASSO, OKLAHOMA, hereinafter referred to as EMPLOYER and LOCAL NO. 2789, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS AFL /CIO /CLC, hereinafter referred to as UNION, Employees, Members of the Bargaining Unit to achieve and maintain harmonious relations between the parties hereto and to provide for the equitable and orderly adjustment of grievances which may arise during the terms of this Agreement. ARTICLE 2 RECOGNITION The Employer recognizes the Union as the exclusive bargaining agent for all employees of the Fire Department, except the Chief, one designated Administrative Assistant, civilian employees, and probationary employees. ARTICLE 3 MUTUAL RESPONSIBILITY TO AVOID DISCRIMINATION Section 1. Nothing in this Agreement shall be interpreted as diminishing the obligation of both parties to undertake affirmative action to insure that applicants or employees are treated without regard to race, color, religion, sex, national origin, status of Union membership, or political affiliations. Specifically, pursuant to Equal Employment Opportunity Commission Guidelines, each party is obligated to take positive action in affording equal employment, training and promotional opportunities to all members, as required by Title V1I of the Civil Rights Act of 1964, as amended. Additionally, nothing in this Agreement shall be interpreted as diminishing the obligation of both parties to comply with the provisions of the Fair Labor Standards Act, or any duly adopted Department of Labor Regulations promulgated thereunder. Section 2. In the event that any portion of this Agreement unintentionally conflicts with the Employer's capability to be in compliance with said Acts, the EEOC Guidelines and Department of Labor Regulations will be overriding to that portion of this agreement. ARTICLE 4 GENDER CLAUSE "Gender ". A word importing one gender only shall extend and be applied to both genders. ARTICLE 5 AUTHORITY AND TERM Section 1. The Employer and the Union have, by these present, reduced to writing the collective bargaining Agreement resulting from negotiations entered into by the Employer and the Union. Section 2. This Agreement shall become effective on the first day of July, 2019 and shall remain in full force and effect until midnight, June 30, 2020. The Employer and the Union agree that on or before June 30, 2020 each shall ratify all articles of this agreement to provide for a continuation of this agreement for fiscal year July 1, 2020 to June 30, 2021. Section 3. Whenever wages, rates of pay, or any other matters requiring appropriation of monies by the Employer are included as a matter of collective bargaining, it shall be the obligation of the Union to serve written notice thereof one hundred twenty (120) days prior to June 23rd of each year, the last day on which monies can be appropriated by the Employer to cover the Agreement period which is the subject of the collective bargaining procedure. Section 4. It shall be the obligation of the Employer and the Union to meet at a reasonable time and confer in good faith with representatives of the Union and Employer ten (10) days after receipt of written notice from the Union or Employer requesting a meeting for purposes of collective bargaining. Section 5. In the event the Union and the Employer are unable, within thirty (30) days from and including the date of the first meeting to reach an agreement, any and all unresolved arbitrable issues may be submitted to arbitration at the request of either party. ARTICLE 6 MANAGEMENT RIGHTS AND RESPONSIBILITIES Section 1. Union recognizes the prerogative of Employer to operate and manage its affairs in all respects and in accordance with its responsibilities, and the powers or authority which the Employer has not officially abridged, delegated, granted or modified by this Agreement are retained by the Employer, and all rights, powers and authority the Employer had prior to the signing of this Agreement are retained by the Employer, and remain exclusively without limitation within the rights of the Employer. Section 2. Except as may be limited herein, the Employer retains the right in accordance with the Constitution, the laws of the State of Oklahoma, and the Charter of the municipality and the responsibilities and duties contained in the laws of the State of Oklahoma and the ordinances and regulations promulgated thereunder: A. To determine Fire Department policy, including the rights to manage the affairs of the Fire Department in all respects, except as stated above; B. To assign working hours, including overtime; C. To direct the members of the Fire Department, including the right to hire, terminate, suspend, discipline, promote or transfer any Firefighter; D. To determine the table of organization of the Fire Department, including the right to organize and reorganize the Fire Department and the determination of job classifications and ranks based upon duties assigned; E. To determine the safety, health and property protection measures for the Fire Department; F. To allocate and assign work to Fire Fighters within the Fire Department; G. To be the sole judge of the qualifications of applicants and training of new employees; H. To schedule the operations and to determine the number and duration of hours of assigned duty per week; I. To establish and enforce Fire Department rules, regulations and orders; J. To introduce new, improved or different methods and techniques of operation of the Fire Department or change existing methods and techniques; K. To determine the amount of supervision necessary; L. To control the departmental budget; and M. To take whatever actions may be necessary to carry out the mission of the employer in situations of emergency. ARTICLE 7 PREVAILING RIGHTS Section 1. All rules, regulations, fiscal procedures, working conditions, departmental practices and manner of conducting the operation and administration of the Owasso Fire Department currently in effect for and with respect to the members of the Fire Department on the effective date of this Agreement, which are not included in this Agreement, shall remain in full force and effect, unchanged and unaffected in any manner, unless and except as modified or changed by the specific terms of this Agreement. ARTICLE 8 PROHIBITION OF STRIKES Section 1. During the tern of this Agreement, the Union agrees to a prohibition of any job action, i.e. strikes, work slowdowns, mass absenteeism, or being a party to such activities. The Union shall not be in breach of Agreement where the acts and actions enumerated above are not caused or authorized by the Union. Section 2. Upon notification confirmed in writing by the Employer to the Union that certain of its members are engaged in a job action, the Union shall immediately, in writing, order such member to cease the job action and return to work at once and provide the Employer with a copy of such an order. Additionally, a responsible officer of the Union shall publicly order all employees participating in a job action to cease such action. Section 3. Nothing contained in this Article shall be construed to limit, impair, or affect the right of the Union or any other member of the bargaining unit to the expression or communication of a view, grievance or complaint or opinion or any matter related to conditions or compensation of employment or their betterment so long as the same does not interfere with the full, faithful and proper performance of duties of employment. ARTICLE 9 BARGAINING UNIT RIGHTS AND SECURITY Section 1. Bulletin Boards. The Employer shall provide space in all fire stations for Union bulletin boards. Materials posted on bulletin boards shall be limited to Union business, notice of meetings, seminars, workshops, legislative reports, safety bulletins, etc. No materials of a subversive or derogatory nature or political endorsements shall be posted. Section 2. Time Off for Union Business. After written notice to Fire Chief or Designated Administrative Assistant, Union representatives may be granted time off without loss of pay to conduct bona fide Union business, provided however, that time off will not impede the proper operations of the Fire Department and adequate manpower is available, as determined by the Fire Chief or his designated Administrative Assistant. ARTICLE 10 PERSONNEL FILES Section 1. It is agreed that with all materials concerning investigation, complaints, reprimands, counseling sessions for violations of any rules, regulations or policies, that might be considered detrimental to the employee's position advancement or future with the Department, that are to be placed in the employee's personnel file, that the Employer shall notify said employee of such action and the employee shall be given the proper opportunity to appeal such action before it becomes a part of his personnel file. Section 2. A Fire Fighter shall be allowed to review his personnel file under supervision at any reasonable time upon written request to the Fire Chief. Section 3. Recognizing that disciplinary actions provide a basis for training and counseling and are not meant to perpetually penalize an employee, the following procedure is hereby established: Procedure A. Employees may request that disciplinary actions be sealed according to the following schedule: I. Written reprimands and notice of oral reprimands with no recurrence after one (1) year may be sealed. 2. Suspensions three (3) days or less than three (3) days, without recurrence, after two (2) years. 3. Suspension more than three (3) days, without recurrence, after two (2) years. 4. Disciplinary probation after two (2) years from the termination of such probation if no other disciplinary action has occurred during that period. B. Written Requests for sealing of disciplinary actions should be directed to the office of the Fire Chief. C. The Human Resources Department shall be notified in all cases where sealing of disciplinary action is taken, and City Personnel file copies will be sealed or destroyed accordingly. D. The sealed action shall not be held to discriminate against the employee in any subsequent disciplinary action, or in the event of impending promotion, merit step raise, transfer, special requests, modification of duty, vacation selection, application for other employment, or against any other action the employee may take for his personal improvement or betterment. 10 ARTICLE 10 PERSONNEL FILES (Continued) E. Once sealed, the file shall not be opened unless the employee request such unsealing; however, the employee may review investigative reports pertaining to the actions; or at the discretion of the Fire Chief who may deem it necessary to the employee's welfare to do so; but, in any case, the employee is to be notified of the opening of the sealed file and the reason therefore. F. Upon request, all unfounded, exonerated, not sustained, and no finding complaints will be immediately removed from the employees personnel file. Such complaints shall be sealed and accessed by the City Attorney for pending litigation or for review of similar complaints which may occur within one (I) year of the original complaint. Such unfounded, exonerated, not sustained, and no finding complaints will be destroyed after five (5) years from date of occurrence. Section 4. All letters of appreciation and /or commendation received by the department regarding an employee(s) will be given to the appropriate employee(s) within five (5) business days. 11 ARTICLE 11 REGULAR AND SPECIAL MEETINGS Section 1. The Union will be permitted to hold regular and special meetings on the Employer's premises with the understanding that permission, time and location of such meetings must be approved by the Fire Chief or his designated Administrative Assistant prior to said meetings. Section 2. It is understood that the Union and the Employer will cooperate in this Agreement and excessive requests will not be made by the Union. Permission to hold meetings shall not be unreasonably denied by the Employer so long as meetings do not impede or interfere with the normal operations of the Fire Department. 12 ARTICLE 12 ORGANIZED MEAL PROGRAM Section 1. Union members will be required to participate in an organized meal program while on duty. However, if any employee is on a special diet, he /she will not be required to participate for the time period he /she is on a special diet. The amount to be contributed for meals will be determined by and contributed by the members of each duty station on each shift. However, the amount shall not be less than Five Dollars ($5.00) per shift per member. This article is not subject to the grievance procedures of this Agreement. Further it is agreed that this section of the Agreement will be enforced solely by the bargaining unit. 13 ARTICLE 13 Section 1. Seniority shall mean the status attained by length of continuous service in the Fire Department. Section 2. Where two or more employees have the same employment date, seniority shall be determined by a hiring list established subsequent to the completion of the hiring process. When two or more employees will be given the same start date, the Union shall be provided a copy of the established hiring list prior to the start date. Section 3. Seniority will be a factor to be considered by the Fire Department in determining the priority of each member to: A. Time when compensatory, vacation and holiday time off is granted; B. Shift assignment; and C. Anytime overtime is required, whether scheduled or non- scheduled, the first choice of replacement shall go to another employee meeting the following criteria: 1. has the same duty qualifications; 2. among those with the same duty qualifications, has the most seniority; and 3. provides compliance with minimum manning criteria of the department. Section 4. Seniority shall be lost upon the occurrence of any of the following: A. Discharge, if not reversed; B. Resignation; C. Un- excused failure to return to work upon the expiration of a formal leave of absence provided no reasonable excuse is found; and D. Retirement, Section 5. Promotion shall be subject to evaluation and examination of job performance and ability. Seniority will be considered, but will not be the determining factor. Any bargaining unit member serving in an acting capacity for six (6) or more consecutive months may be promoted to the vacant position without being subject to a testing procedure, as long as that employee meets the minimum qualifications for the position. Should a member of the bargaining unit serve in an acting capacity for six (6) or more consecutive months and not meet the minimum qualifications, due to budgetary constraints and /or training availability only, such member may be promoted to the vacant position without being subject to a testing procedure; provided, the member of the bargaining unit satisfies the minimum requirements for the position within twelve calendar months from the date of appointment Otherwise the member shall be demoted to the previous position occupied by the member. 14 ARTICLE 13 (Continued) Section 6. Employees demoted as a result of administrative decisions and not based on discipline, shall be given first consideration should the position reopen and such position offered, providing however, no unusual discipline problems have occurred between the demotion and subsequent position opening. E ARTICLE 14 HOURS AND TIME EXCHANGE Section 1. There is hereby established a series of fourteen -day work periods. Shift schedule shall be on duty twenty -four (24) hours and off duty forty -eight (48) hours. Section 2. Time of shift change will be 0800 hours. Shift Commander shift change will be at 0700 hours. Section 3. Employees may have the privilege to exchange duty time, subsequent to approval by the Battalion Chief or Acting Shift Commander. The replacement employee must be of at least equal duty qualification of the employee being excused from duty. 16 ARTICLE 15 Section 1. In the case of personnel reduction, the Employee with the least seniority shall be laid off first. In determining seniority for the purpose of personnel reduction, only time as a full -time paid Employee in the Owasso Fire Department shall be counted. Section 2. No new employee shall be hired until all employees laid -off during the past 24 -month period have been notified of any position vacancy within the Fire Department. Such notification will take place via registered mail Return Receipt Requested. Correspondence shall be sent to the last known address of the employee who requires notification. It will then be the duty of the employee to notify Human Resources of his intention to pursue the available position. Such response shall be received within 30 days of receipt of registered mail notification. The employee's failure to respond within the 30 -day period shall be considered an acknowledgment that the employee does not intend to reinstate his employment with the Owasso Fire Department. 17 ARTICLE 16 STAFFING Section 1. The purpose of this Article is to provide a consistent practice of staffing the fire stations and fire apparatus each shift day, during both emergent and non - emergent operations, providing the necessary staffing measures to ensure safety. A. Each fire station will be staffed with no less than three (3) personnel each day. B. The Battalion Chief or Acting Shift Commander shall not count towards the staffing minimum of three (3) per station. C. The Battalion Chief or Acting Shift Commander shall not be dedicated to any suppression apparatus or medic. D. Staffing of each station shall consist of, but not be limited to a Captain or Acting Company Officer, Driver or Acting Driver, and a Firefighter. E. Staffing on each fire apparatus will be no less than two (2) personnel. This shall pertain to all fire engines, ambulances, ladder trucks, tankers, wildland vehicles, and Disaster Response Unit (DRU). F. The only exception to Section l -E of this Article is routine travel to the City Garage, or returning to a fire station following an emergency incident response, or station to station travel. All apparatus with one employee are considered out of service for an emergency response. G. Staffing on snowplow will be no less than two (2) personnel when responding as an emergency response vehicle; including when responding in support of another emergency response vehicle during emergency operations. The two (2) personnel minimum shall not apply when the snowplow is being used during non - emergency operations, including (but not limited to) the moving /removing of snow from facilities and roadways, and routine travel to the City Garage, returning to a fire station following an emergency incident response, or station to stating travel. H. This Article does not pertain to administrative or command vehicles. Section 2. The Union shall be notified of any opening of a job position within the Owasso Fire Department, and when and where advertisement of said position is being advertised, according to Equal Employment Opportunity (EEOC) regulations. I3 ARTICLE 17 SAFETY AND HEALTH COMMITTEE Section 1. The Employer and the Union agree to cooperate to the fullest extent in the promotion of safety and health, on the Employer's premises and while carrying out the mission of the Employer and the duties of the employees. For this purpose, it is agreed to establish a Safety and Health Committee to consist of two (2) members and one (1) chairperson appointed by the Union. Section 2. The Safety and Health Committee will have the authority to conduct on- site inspections of equipment, buildings, and other related areas to the occupational environment of the Bargaining Unit. They shall also have the latitude to make studies of safety equipment and practices and to conduct investigations into health hazards that may be appropriate to protect the Employer's interest as it may relate to Worker's Compensation or other liability inherent to occupational diseases and injury and to protect the employees' right to a safe employment environment. Members of the Committee may be excused from duty for the work of the Committee, subject to the prior approval of the Fire Chief. Section 3. The Union and the Employer agree to make every effort to correct safety hazards or unsafe working conditions identified by the Safety Committee. It is understood that recommendations of the Committee are not subject to the Grievance Procedure for the Agreement. Section 4. The Safety and Health Committee recommendations to correct safety hazards and /or unsafe working conditions shall be discussed by the Chairperson of the Committee, with the Chief or his designated representative. The answer shall be orally submitted by the Chief or his designated Administrative Assistant within five (5) business days to the Committee. A. If the hazard or condition is not corrected by the provision of Section 4, it shall be submitted in writing to the Chief or his designated Administrative Assistant. B. The Fire Chief shall submit his answer in writing to the Safety and Health Committee within five (5) business days. If the hazard or condition has not been corrected within that time, it then shall be sent to the City Manager for adjustment. C. The City Manager shall submit his answer in writing to the Fire Chief and the Committee in five (5) business days. Section S. All "First Notice of Injury" and accident reports will be forwarded by the worker's compensation coordinator to the Union Secretary within 72 hours of the incident. 19 ARTICLE 18 GRIEVANCE PROCEDURES Section 1. The Union or any employee covered under this Agreement may file a grievance within ten (10) business days of the alleged occurrence, as hereinafter defined, and shall be afforded the full protection of this Agreement. Section 2. Union President, Vice - President, and Union Grievance Committee, as used hereinafter, shall be understood to mean those persons whose names have been previously identified, in writing, to the Fire Chief or his designated Administrative Assistant. It is understood and agreed that the names of such person or persons shall be submitted to the Fire Chief, or his designated Administrative Assistant, within fifteen (15) working days after such person or persons are elected and /or appointed. Section 3. Except for documented verbal counseling or written reprimands, as defined in Section 5, of this article, any controversy between the Employer and the Union or any employee concerning the interpretation, enforcement or application of any provision of this Agreement, concerning any of the terms or conditions of employment contained in this Agreement, shall be adjusted in the following manner: A. The grievance shall be discussed by the employee with the Chief or his designated Administrative Assistant. Said employee and one of the following; Union President, Vice - President or Grievance Committee Chairman, shall be present at said discussion. The answer shall be submitted in writing by the Chief or his designated Administrative Assistant, within five (5) business days to the employee(s) involved and to the Union President. B. If the grievance is not settled by the provision of Section 3A, it shall be submitted in writing to the Union Grievance Committee. Within ten (10) business days from the written answer rendered by the Chief, or his designated Administrative Assistant, the Union Grievance Committee shall determine, in their sole discretion and judgement, whether or not a grievance exists within the terms and conditions of this Agreement. 1. If the Union Grievance Committee finds a grievance does exist, the Committee shall submit, in writing, the grievance to the Fire Chief for adjustment, within ten (10) business days of the Chiefs written answer. 2. If the Union Grievance Committee finds a grievance does not exist, no further proceedings shall be necessary. 20 ARTICLE IS GRIEVANCE PROCEDURES (Continued) C. The Fire Chief shall submit his answer in writing to the employee involved and to the Union Grievance Committee within ten (10) business days. If the grievance has not been settled within that time, it then shall, within ten (10) business days, be sent to the City Manager for adjustment. D. The City Manager shall submit his answer in writing to the Fire Chief, the employee involved, and the Union Grievance Committee within ten (10) business days. If the City Manager and the Union Grievance Committee have not settled the grievance within that time, it may be submitted to arbitration. Grievances submitted to arbitration for adjustment shall proceed as follows: 1. Within twenty (20) calendar days parties shall jointly request a panel of arbitrators from the Federal Mediation and Conciliation Service. a. The Employer and /or the Union shall have the option to utilize aboard of three (3) arbitrators in lieu of one (1) arbitrator. The requesting party shall be responsible for the increase in cost associated with a three (3) arbitrator panel. i. The parties shall jointly request a panel of fifteen (15) for a board of three (3) arbitrators. ii. The parties shall jointly request a panel of nine (9) arbitrators for one (1) panel arbitrator. b. Arbitrators must have NAA affiliation (National Academy of Arbitrators). c. The Employer and the Union each may exercise the option to request a new panel once per arbitration selection process. 2. Within ten (10) business days from the receipt of such panel, a representative of the Union and the City shall meet and alternately strike names until one (1) or three (3) arbitrator(s) remains who shall be selected as the impartial arbitrator. The party requesting arbitration shall strike the first name. 3. Upon notification to the Federal Mediation and Conciliation Service of the selection of the arbitrator(s), and the arbitrator(s) is /are contacted, the date for the Arbitration Hearing shall be set within ten (10) business days from the date the arbitrator is notified of his selection. 21 ARTICLE 18 GRIEVANCE PROCEDURES (Continued) 4. Within twenty (20) business days after the conclusion of the hearing, the arbitrator(s) shall issue a written opinion, or panel of arbitrators shall be requested to issue a majority consensus opinion, containing findings and recommendations with respect to the issues presented. A copy of the opinion shall be mailed or delivered to the Union and the Employer. 5. With respect to the interpretation, enforcement or application of the provisions of this Agreement, the decision, findings and recommendations of the arbitrator shall be final and binding on the patties to this Agreement. 6. The arbitrator(s)' authority shall be limited to the interpretation and application of the terms of this Agreement and /or any supplement thereof. The arbitrator(s) shall have no jurisdiction to establish provisions of a new agreement or variation of a new agreement or variation of the present Agreement or to arbitrate away, in whole or in part, any provisions or amendments thereof. This shall not preclude individual wage grievances. 7. The cost of the impartial arbitrator shall be shared equally between the Union and the Employer. If a transcript of the proceedings is requested, then the party so requesting shall pay for it. Section 4. All time limits set forth in this Article may be extended by mutual consent, but if not so extended, they must be strictly observed. If a party fails to pursue any grievance within the time limits provided, he shall have no further right to continue the grievance. Section 5. Any controversy between the Employer and the Union or any employee concerning the interpretation, enforcement or application of any provisions of this Agreement, that resulted in a documented verbal counseling or a written reprimand shall be adjusted in the following manner: A. The grievance shall be discussed by the employee with the Chief or his designated Administrative Assistant. Said employee and one of the following: Union President, Vice - President or Grievance Committee Chairman, shall be present at said discussion. The answer shall be submitted in writing by the Chief or his designated Administrative Assistant, within five (5) business days to the employee(s) involved and to the Union President. 22 ARTICLE IS GRIEVANCE PROCEDURES (Continued) B. If the grievance is not settled by the provisions of Section 5A, it shall be submitted in writing to the Union Grievance Committee. Within ten (10) business days from the written answer rendered by the Chief, or his designated Administrative Assistant, the Union Grievance Committee shall determine, in their sole discretion and judgement, whether or not a grievance exists within the terms and conditions of this Agreement. 1. If the Union Grievance committee finds a grievance does exist, the Committee shall submit, in writing, the grievance to the Fire Chief for adjustment, within ten (10) business days of the Chiers written answer. 2. If the Union Grievance Committee finds a grievance does not exist, no further proceedings shall be necessary. C. The Fire Chief shall submit his answer in writing to the employee involved and to the Union Grievance Committee within ten (10) business days. If the grievance has not been settled within that time, it then shall, within ten (10) business days, be sent to the City Manager for adjustment. D. The City Manager shall submit his answer in writing to the Fire Chief, the employee involved, and the Union Grievance Committee within ten (10) business days. If the City Manager and the Union Grievance Committee have not settled the grievance within that time, it may be submitted to arbitration. Grievances submitted to arbitration for adjustment shall proceed as follows: 1. The parties shall jointly request a panel of nine (9) arbitrators from the Federal Mediation and Conciliation Service within ten (10) calendar days. a. Arbitrators must have NAA affiliation (National Academy of Arbitrators). 2. Within ten (10) business days from the receipt of such panel, a representative of the Union and the City shall meet and alternately strike names until one (1) arbitrator remains who shall be selected as the impartial arbitrator. The party requesting the arbitration shall strike the first name. 3. Following the selection of the impartial arbitrator both parties shall submit cases in writing to the arbitrator and the other party by an agreed upon date. If parties cannot agree the arbitrator shall set the date. 4. The arbitrator shall be requested to issue a written opinion containing findings and recommendations with respect to the issues presented, within sixty (60) 23 calendar days after submission of the case. A copy of the opinion shall be mailed or delivered to the Union and the City. ARTICLE 18 GRIEVANCE PROCEDURES (Continued) 5. With respect to the interpretation, enforcement, or application of the provisions of the Agreement, the decision, finding, and recommendations of the arbitrator shall be final and binding on the parties of this Agreement. 6. The arbitrator's authority shall be limited to the interpretation and application of the terms of this Agreement and /or any supplement thereof. The arbitrator shall have no jurisdiction to establish provisions of a new Agreement or variations of the present Agreement or to arbitrate away, in whole or in part, any provision or amendments thereof. 7. The cost of the impartial arbitrator shall be shared equally between the Union and the Employer. Section 6. It is specifically and expressly understood that filing a grievance under this Article which has as its last step final and binding arbitration, constitutes an election of remedies and a waiver of any and all rights by both parties, the Union or other representatives of the party, to litigate or otherwise contest the last answer rendered through the Grievance Procedure, in any court of other appeal forum. 24 ARTICLE 19 DUES CHECK -OFF Section 1. The Employer agrees to deduct regular semi - monthly Union dues, Station Fund dues and regular semi - monthly FIREPAC contributions from earned wages of those employees who are in the bargaining unit. The deductions shall be made from each semi- monthly paycheck in an amount certified to be correct by the Secretary- Treasurer of the Local Union. All members of the Bargaining Unit desiring payroll deduction of Union dues and /or FIREPAC contributions shall individually sign an authorization card provided by the Union and approved by the Employer, authorizing the stated semi - monthly dues deduction and /or FIREPAC contributions to be made. Except for employees hired within the contract year, authorizations for FIREPAC contributions and Station Fund dues must be provided to the Employer within thirty days of the effective date of the contract to be effective for the contract year. Payroll deductions shall be revocable by the employee notifying the Employer in writing. The Union shall be notified of any revocation. Section 2. The Employer will deduct only Union dues, FIREPAC contributions and Station Fund dues from the employee's paycheck and will not deduct initiation fees, special assessments, fines or any other deductions. In the event of an increase or decrease in Union dues, the Union will give the Employer thirty (30) days notice in order to allow the Employer to make the proper changes in its accounting records. No deductions will be made when the salary to be paid an employee is not sufficient to cover the amount deducted. Section 3. On the same day as payroll is issued, a deposit for the total deductions shall be made into the financial institutions selected by the Union. It shall be the responsibility of the Union to provide the Employer with deposit slips. The deposit receipt shall be sent to the Union Secretary along with a detailed report showing individual employee's name and deduction amount at the time of deposit. Section 4. All deductions will be for the month in which they are taken. All deductions refundable at the time of termination or resignation will be refunded by the Union. The Employer shall not be responsible for errors. In the case of any error or improper deduction being made by the Employer, a proper adjustment of the same shall be made by the Union with the employee affected. Section 5. The Union shall indemnify, defend and hold the Employer harmless against any claims made and against any suits instituted against the Employer on account of payroll deduction of Union dues or deposit of Union dues. Section 6. This service will be provided at no expense to the Union or its members. 25 ARTICLE 20 COMPENSATION Section 1. For the purpose of this Labor Agreement, each employee of the bargaining unit shall receive compensation based on the range and step plan located in Appendix A, "Pay Plan A" on July 1, 2019 according to the employee's range and step as of June 30, 2019 (with adjustments in steps on anniversary dates.) Effective July 1, 2020 each employee of the bargaining unit shall receive compensation based on "Pay Plan B" according to the employee's range and step as of June 30, 2020 (with adjustments in steps on anniversary dates.) Effective January 1, 2021 each employee of the bargaining unit shall receive compensation based on "Pay Plan C" according to the employee's range and step as of December 31, 2020 (with adjustments in steps on anniversary dates.) A firefighter's active EMT license shall determine the firefighter's pay range. A firefighter without an active EMT license shall be paid as a Firefighter /Basic in Step 1. An inactive EMT license for a member of the bargaining unit with a rank of Driver /Lieutenant, Captain or Chief shall result in being reduced to Step 1 of the member's current range. In the case of extenuating circumstances, outside the member's control, that result in a delay in EMT license renewal, the Chief may authorize a member's continued pay at their current range and step for up to six months, until licensing issues are resolved. The rates contained in the Appendix A range and step plan does not include compensation which may be added to the base rate as provided in Article 20, Section 5; Article 20, Section 6; and Article 31. Section 2. Employees working an eighty (80) hour pay period shall have their pay calculated by the following formula: base (rate from range and step plan PLUS added pay as provided in Article 20, Section 5; Article 20, Section 6; and Article 31) multiplied by 3054,then divided by 2080. Section 3. New employees shall be compensated at the Entry Level /Probationary rate in Appendix A according to the employee's level of EMT certification, except when the new employee is currently employed with another municipal Fire Department and possesses an International Fire Service Accreditation Congress Firefighter I certificate and has previous Advanced Life Support experience. A Firefighter /Medic meeting this criteria may be eligible for lateral entry. The Fire Chief shall conduct a review of the individual's qualifications and experience and determine the appropriate entry -level rate within the range corresponding with the employee's level of EMT certification. New hires shall not be brought in higher than Step 5. New hire placement at a step other than entry level will not affect seniority or seniority based considerations. Upon successful completion of the twelve -month probation period, the employee shall advance to the next step in the Step Plan in Appendix A. 26 ARTICLE 20 COMPENSATION (Continued) Section 4. Upon promotion employees shall receive a promotional increase to the corresponding range and step that represents at least an increase of 5% for each increase in rank, unless such step is not available. In cases of an employee obtaining a Paramedic license, the employee will advance to the same pay step in the Paramedic range of the Pay Plan, according to Appendix A. Section 5. In addition to their base compensation, Employees who are awarded a degree from an accredited college or university are eligible for Education Incentive pay. Employees holding multiple degrees shall receive the compensation identified for the highest single degree for which the employee qualifies. Education Incentive pay is added to, and included in the employee's base rate of pay. A transcript must accompany each request for initial payment and each request for increasing that payment. Section 6. Employees of the bargaining unit who obtain and maintain Emergency Medical Technician Certification as prescribed by Oklahoma State Statutes shall receive the following hourly rates added to and included in the Employee's base rate of pay. Degree in field of Fire Protection Degree not in the field of Fire Chiefs /Fire Marshal/ Technology, Nursing or EMS Protection Technology, Nursing, or Captain EMS Manager EMS Associates Degree thirty -nine cents per hour ($0.39) twenty cents per hour ($0.20) Bachelor's Degree fifty -nine cents per hour ($0.59) thirty -nine cents per hour ($0.39) Master's Degree sixty -nine cents per hour ($0.69) forty -nine cents per hour ($0.49) A transcript must accompany each request for initial payment and each request for increasing that payment. Section 6. Employees of the bargaining unit who obtain and maintain Emergency Medical Technician Certification as prescribed by Oklahoma State Statutes shall receive the following hourly rates added to and included in the Employee's base rate of pay. 27 Firefighter & Chiefs /Fire Marshal/ Driver /Lieutenant Captain EMS Manager EMT -Basic fifty -three cents per thirty -nine cents per twenty cents per hour Certification hour ($0.53) hour ($0.39) ($0.20) Intermediate forty -three cents per thirty-nine cents per twenty cents per hour Certification hour ($0.43) hour ($0.39) ($0.20) Paramedic seventy five cents per seventy five cents per seventy five cents per Certification hour ($0.75) hour ($0.75) hour ($0.75) 27 ARTICLE 20 COMPENSATION (Continued) Employees of the bargaining unit assigned the additional duty of Fleet Manager, shall have the herein designated compensation added to and included in their base rate of pay. Assigned additional duties may require assessment center testing to determine qualifications prior to the actual assignment by the Fire Chief. "Fleet Manager" — Eighty -three cents per hour ($0.83/hr) Bargaining unit members, at or above the rank/grade of Captain, who obtain IFSAC, Proboard or other Instructor II certification, shall receive thirty -nine cents ($0.39) added to and included in such members base hourly rate. In order to be eligible for the thirty -nine cents ($0.39) certification programs must be approved in advance by the Fire Chief. Bargaining unit members who obtain and maintain Hazardous Materials Technician certification, shall receive twenty -nine cents ($0.29) added to and included in such members base rate of pay. In order to be eligible for the twenty -nine cents ($0.29) the certification program must be-approved in advance by the Fire Chief. Bargaining unit members who obtain and maintain Car Seat Installation certification, shall receive fifteen cents ($0.15) added to and included in such members base rate of pay. In order to be eligible for the fifteen cents ($0.15) the certification program must be approved in advance by the Fire Chief. Section 7. In addition to the employee's regular rate of pay, an employee engaged in fire protection activities shall receive an overtime premium of one and one -half (1 1/2) of his regular hourly rate or, at employee's election subject to the limitations hereinafter set forth, one and one -half (1 1/2) hour of compensatory time for each compensable hour of work in excess of one hundred six (106) hours in the stated fourteen (14) day work period. Section 8. Accumulation of compensatory time shall be limited in accordance with the Personnel Policy and Procedure Manual of the City of Owasso, Oklahoma. As pertains to compensatory time, it is agreed that the employee shall have the right to select when to take such compensatory time off, provided, the taking of such time off will not adversely impact upon departmental operations, as determined by the Fire Chief or his designated Administrative Assistant. ARTICLE 20 COMPENSATION (Continued) Section 9. The term "compensable hours of work" shall be defined as set forth in Section 553.14 of the Department of Labor Regulations covering employees of public agencies. It is specifically understood that any leave taken by the employee during the aforestated fourteen (14) day work period shall, whether compensated or not, reduce said employee's hourly accu nulation for purposes of determining overtime in accordance with the Fair Labor Standards Act. Provided however, for computation of employee work hours all compensable leave except sick leave shall be considered as hours actually worked. 29 ARTICLE 21 Section 1. As a condition of employment, employees may be required to work overtime because of increased workload, sickness, and absences of other employees or emergencies. All leave except sick leave shall be considered as actual hours worked for the purpose of overtime compensation. For purpose of computation of overtime compensation, the employee's regular rate of pay shall be deemed to be that as defined by the Department of Labor Fair Labor Standards Act. Section 2. Unscheduled Overtime —When an employee is not given at least forty - eight (48) hours of notification a minimum of three (3) hours at one and one -half (1 1/2) times the regular rate shall be paid to any member of the bargaining unit who is called back after his normal tour of duty. Section 3. Scheduled Overtime —When an employee is given at least forty -eight (48) hours of notification the employee shall be paid overtime pay for actual hours worked at one and one half (I %2) times the regular rate of pay. Time worked thirty (30) minutes prior to or thirty (30) minutes following a scheduled shift would be considered scheduled overtime. Section 4. Emergency Overtime — Overtime needed to combat a catastrophic emergency situation, such defined herein as being any unexpected disastrous occurrence requiring response by the Owasso Fire Department in excess of the manpower existing on the normal duty shift to protect lives and property. This overtime will be approved on a first come basis by order of arrival and will not be susceptible to seniority, but will be deemed as unscheduled overtime. Section 5. Specialty Overtime— Overtime needed that may require specialized team training or by division may be awarded by the Fire Chief or his /her designee. Section 6. Administrative Overtime— Overtime needed to develop, initiate, and complete non - emergency departmental projects and committees. All bargaining unit members will be notified via e -mail and page of administrative project opportunities. Interested individuals must respond to the Fire Chief or his/her designee within the designated time period. Project/committee participation is determined solely by the Chief from those who responded. (Examples of Administrative Overtime include but are not limited to: Uniform Committee, Apparatus Committee, EMS Advisory Committee, and Honor Guard). Section 7. Employees who are on approved holiday, vacation or personal leave shall not be eligible for mandatory overtime, unless said employee is available. Section 8. Any employee required by the Employer to attend any school, workshop, or seminar, shall be paid at his hourly current rate of pay for any hours of days that he would normally be off duty. Pay for normal off duty time will include travel time, attendance time in 30 ARTICLE 21 (Continued) the course of the instruction, and return home. Overtime will be paid when overtime requirements have been met. Section 9. Employees who work a forty (40) hour work week shall not be eligible for shift overtime unless no one else has voluntarily requested the overtime. 31 ARTICLE 22 VACATIONS AND HOLIDAYS Section 1. New employees shall accrue 5.54 hours per pay period as holiday compensation. After completing one year of employment with the department, new employees shall be granted 120 hours of vacation leave. At that time the employee will begin accruing leave each bi- weekly pay period (pp) according to the following schedule: Years of Holiday Vacation Method of Maximum Employment Yearly Yearly Accumulation Limit* Total Total 0 -1 yr 144 0 5.54 hrs /pp 264 hrs. 1 -4 yrs 144 120 10.16 hrs /pp 384 hrs. 5 -9 yrs 144 144 11.08 hrs /pp 408 hrs. 10 -14 yrs 144 192 12.93 hrs /pp 456 hrs. 15 -19 yrs 144 216 13.85 hrs /pp 480 hrs. 20- 24 yrs 144 240 14.77 hrs /pp 504 hrs. 25+ yrs 144 264 15.70 hrs /pp 528 hrs. Section 2. Vacation and holiday usage shall be limited to no less than three (3) hour(s), the only exception shall be if less than three (3) hours of a shift is remaining. If a vacation request is denied for an employee who is at his vacation accrual maximum, the excess accumulation will be allowed for a defined period as determined on a case by case basis. Section 3. Employees in the bargaining unit who work an eighty (80) hour pay period shall accrue vacation and holidays in accordance with the schedule found in the Personnel Manual. After twenty -five (25) years of employment, such employees shall accrue 15.34 vacation hours per month for an annual accrual of 184.08 hours. The maximum accrual for employees covered by this section is 224.08 hours. Employees over the Personnel Manual's maximum vacation accrual at the time of transfer will be allowed to carry forward their current accrued vacation for future use. Employees in the bargaining unit who work an eighty (80) hour pay period must take vacation and holidays in not less than (1/2) hour increments. Section 4. Employees in the bargaining unit who work an eighty (80) hour pay period, shall be eligible for holiday pay at 1 %2 times the members regular hourly rate when required to work a scheduled holiday. Such members shall also receive an alternate day off. 32 ARTICLE 22 VACATIONS AND HOLIDAYS (Continued) Section 5. Employees in the bargaining unit may donate vacation leave to another employee in the bargaining unit by notifying Human Resources in writing, to include the recipient of the donation and the number of howl. 33 ARTICLE 23 SICK LEAVE Section 1. Employees within the bargaining unit shall earn sick leave in the amount of 216 hours annually. The method of accrual shall be in increments of 8.31 hours per pay period. No employee of the bargaining unit shall accumulate in excess of 1440 hours of sick leave time. Section 2. Sick leave usage shall be limited to no less than three (3) hours, the only exception shall be if less than three (3) hours of a shift is remaining. Employees will have the option to utilize up to an additional seven (7) hours of sick leave during any one hundred twenty (120) hour pay period when scheduled overtime pay would be lost due to sick leave used. Employees in the bargaining unit who work an eighty (80) hour pay period must take sick in not less than one (1) hour increments. Section 3. Fifteen percent (15 %) of accrued sick leave shall be paid to an employee upon service retirement or disability retirement. An employee may instead convert fifteen percent (15 1/6) of their accrued sick leave to terminal leave. In order to be eligible for this benefit the employee must provide the City sufficient notice of pending retirement and election option. Said notice to be not less than ninety (90) days prior to expected date of retirement. Such pay will be calculated at the employee's rate of pay at the time of disbursement. Upon death, fifty - percent (50 %) shall be paid to the beneficiary of the City provided group life insurance, unless designated otherwise in writing. In the event that an employee is killed in the line of duty, one - hundred percent of the employee's sick leave balance shall be paid to the beneficiary of the City provided group life insurance, unless designated otherwise in writing. Section 4. Fire Department shift employees will be granted two shifts off for funeral leave per occurrence. Employees on a forty (40) hour work week will be granted up to twenty - four (24) hours off for funeral leave per occurrence. Such leave shall be allowed for an employee to attend the funeral of an immediate family member, defined as: spouse, children (including stepchildren), parents (including stepparents), grandparents, grandchild, brother or sister (including step brother or step sister). Funeral leave may also be used by an employee to attend the funeral of his /her spouse's immediate family members as defined above. Such leave must be approved by the Fire Chief and is not charged against any leave accumulation. Funeral leave can be taken in half hour increments. An employee may request to use vacation or sick leave to attend other funerals. 34 ARTICLE 23 SICK LEAVE (Continued) Section 5. After an Employee has accrued 1440 hours of sick leave, he /she shall be eligible to participate in the following sick leave incentive program. If during the fiscal year an employee covered by this agreement uses: 0 shifts of sick leave - such employee shall receive 35% of that employee's monthly base pay. I shift of sick leave - such employee shall receive 27% of that employee's monthly base pay. 2 shifts of sick leave - such employee shall receive 20% of that employee's monthly base pay. 3 shifts of sick leave - such employee shall receive 14% of that employee's monthly base pay. Any Employee covered by this agreement who uses more than three (3) shifts of sick leave during the fiscal year shall not be eligible for this incentive program. Payment for those employees eligible will occur as a hump sum in the first pay period following June 30th of each year. Section 7. Employees in the bargaining unit who work an eighty (80) hour pay period shall be eligible to participate in the sick incentive program outlined in Section 6, as stated above, after accruing 1000 hours of sick leave. One shift shall be equivalent to eight hours for employees covered by this Section 7. Section 8. Employees within the bargaining unit shall be eligible for incentive pay through only one sick leave incentive plan. Should a member elect and enroll in the Sick Leave Grant /Incentive Plan offered to all employees of the City such member waives his /her right to the Sick Incentive pay herein described in, Section 6 and 7. A member may elect to participate exclusively in the Sick Leave Grant segment of the plan available to all employees and still be eligible for the Sick Leave Incentive herein described in Section 6 and 7. Section 9. Employees in the bargaining unit who work an eighty (80) hour pay period shall accrue sick leave in accordance with the schedule found in the Personnel Manual. 35 ARTICLE 24 COURT AND JURY LEAVE Section 1. Employees who are required to serve as court witnesses orjurors shall be granted time off, subject to the following rules: A. An employee subpoenaed to testify in a court action not arising out of the performance of his duty, involving the federal, state, or municipal government, shall not receive his regular salary, but may use annual leave or be granted a leave of absence without pay for the length of such service. B. An employee serving such duty shall present to his supervisor the original summons or subpoena from the court and, at the conclusion of the duty, a signed statement from the clerk of the court showing the actual dates of attendance at court. C. An employee serving on jury duty or subpoenaed to testify in a court action arising out of the performance of his duty, involving the federal, state, or municipal government, shall be paid his normal rate of pay for that period or the amount paid by the court, which ever is greater. For the purpose of this article, the normal rate of pay shall include "scheduled overtime" pay. 36 ARTICLE 25 UNIFORMS Section 1. The Employer shall purchase and replace Employer designated uniforms when, in the opinion of the Fire Chief, such uniforms have fallen below the acceptable level of appearance. Section 2. It is understood that the Employer will provide to each newly hired Employee the following: one (1) short sleeve Class B shirt; one (1) long sleeve Class B shirt; four (4) pair Class C uniform pants; six (6) short sleeve Class C shirts; two (2) long sleeve Class C shirts; two (2) pair Class D shorts; two (2) pair Class D sweatpants; one (1) sweatshirt; one (1) winter coat; one (1) tie; one (1) belt; one (1) pair work boots or shoes; one (1) pulloverjacket; one (1) stocking cap; one (1) ball cap. Section 3. All safety equipment, such as helmets, bunk out coats, pants, boots, safety gloves, Nomex coverall and Nomex hood will be furnished by the Employer, in accordance with the rotation plan developed by the Safety and Health Committee, submitted to the Chief by July 1 and approved by the Chief. Section 4. Employer shall repair or replace or reimburse employee at Employer's expense, the current market value, the employee's personal property, clothing and /or equipment which a fire fighter or medic might be reasonably expected to have on duty or use while performing his duties, which is lost, destroyed or damaged beyond the capability of maintaining a professional appearance or usefulness for his duties. Either the repair, replacement or reimbursement of such items will be at the Employer's discretion. Any damaged property replaced by the Employer shall become the property of the Employer. Further, the Employer, as well as the employee, will cooperate in any investigation regarding said loss or destruction. All requests relating to the repair, replacement or reimbursement of personal property shall be made to the Fire Chief; such requests shall be reviewed by a Peer Board Committee. The Peer Board Committee shall be comprised of the entire membership of the Safety and Health Committee appointed for a term equal to that of their service on the Safety and Health Committee. No action can be taken until such committee shall first consider the request and then recommend action to the Fire Chief. The maximum expense the Employer shall have by virtue of this Article shall be limited to One Thousand Dollars ($1000.00) per bargaining unit member per year. No personal property items will be replaced that are lost, destroyed or damaged while performing routine functions, at the fire station. Section S. All fire fighters will receive protective clothing, as per standard operating procedure of the department. 37 ARTICLE 25 UNIFORMS (Continued) Section 6. Each contract year the City shall provide each member four hundred fifty dollars ($450.00) worth of approved department duty clothing. Members with less than one (1) year of employment as of July 151 shall receive forty dollars ($40.00) worth of approved department duty clothing for each month of employment, not to exceed four hundred fifty dollars ($450.00). The Fire Chief prior to the budget year shall designate the type of clothing eligible under this Article. Any items purchased in excess of the allocated amount will be the responsibility of the member. The Fire Chief will submit a purchasing list to each member, award appropriate contracts to vendors, and place necessary orders. Members must finalize orders within 60 days of the start of each fiscal year. The City will make every effort to place orders within 90 days of the start of each fiscal year. Any funds remaining following the initial order at the beginning of the fiscal year, may be carried over to a second ordering period, which will occur between January I" and January 3151. There will at no time be any money given to the member by the vendor for any reason pertaining to the clothing purchased with the allocated account. The following items are approved for purchase from the uniform fund: Nomex or 100% cotton shirts (long and short sleeve), uniform pants, light weightjacket, winter coat, duty shoes /boots, uniform belts, sweatpants, sweatshirt, workout shorts, t- shirts (long and short sleeve), ball caps, and collar brass and nameplate. Additional items may be added to this list by the Fire Chief. The uniform fund may also be used for alterations of approved uniforms, as arranged by the Fire Chief. Section 7. Members of the bargaining unit shall maintain their uniforms in a safe, neat, and presentable condition. Members shall always maintain an extra proper uniform ready for immediate usage at the station, in case the need arises. Section 8. Members of the bargaining unit shall be responsible for replacing their own articles of clothing and uniform with the exception of those items described hereinabove in Section 5 of this Article. 0 ARTICLE 26 INSURANCE Section 1. The Employer shall provide to all members of the bargaining unit Health, Vision and Dental Insurance that includes a basic benefit package selected by the City. The Employer shall be responsible for One Hundred Percent (100 %) of the cost of such coverage along with an annual biometrics screening. Should a member of the bargaining unit elect not to participate in the annual biometrics screening coordinated by the Employer, such Employee shall be charged $25 per month for Medical Insurance. Section 2. The Employer will provide a basic life insurance policy as a supplement to the above - mentioned Health Insurance, of which One Hundred Percent (100 %) of the cost of such life insurance shall be paid by the Employer. Section 3. The Employer shall pay that amount contributed on behalf of all other non - managerial City employees as a matter of City policy, as a subsidy for each employee's dependent health care coverage. Should the cost of such dependent health coverage increase, the Employer shall bear such increase in cost. However, should a member elect to not participate in the annual biometrics screening coordinated by the Employer, such Employee's premiums shall increase by $25 per month. The Employer shall also pay a subsidy for each employee's dependent vision and dental insurance in an amount equal to that provided for all other employees if the employee elects to cover such dependents under the City sponsored policy and plan. Section 4. The employer shall provide for retiree participation in the employer group health insurance program pursuant to the terms and conditions of 11 O.S.:23 -108. 39 ARTICLE 27 TUITION REIMBURSEMENT Section 1. The employer shall reimburse tuition, under the limitations hereinafter set forth in this Article, for required courses leading to a Bachelors Degree in Fire Science, or approved related field. The course(s) on which reimbursement will be requested must be approved by the Department Director prior to enrollment (Personnel Form number 10). The tuition herein provided shall be the actual tuition designated for the institution attended, but shall not exceed the per hour Enrollment Fee amount for Comprehensive Universities as designated in the "Student Fees" book Approved at Institutions in the Oklahoma System of Higher Education established by the Oklahoma State Regents for Higher Education. A copy of the "Student Fees" book may be reviewed in the City Finance Office, prior to seeking reimbursement. In addition to the tuition reimbursed, the City agrees to pay toward fees, three dollars ($3.00) per credit hour completed in accordance with the reimbursement criteria. Employees must maintain at least 2.0 on a 4.0 scale or a minimum of a "C" grade on a letter grade scale in each course. Failure to maintain a "C" grade in a course will result in non- payment of tuition for those hours. Upon verification of satisfactory completion of the course, reimbursement for tuition shall be made to the employee. Section 2. If an employee voluntarily or involuntarily separates from employment within three years of the last tuition reimbursement, and /or within three years of the last payment made by the Employer for Paramedic classes for that employee, the employee will be required to repay 100% of the tuition reimbursement and /or cost incurred for Paramedic classes during that three year period. Prior to receiving tuition reimbursement and /or enrollment in Paramedic classes to be paid by the Employer, the employee must complete an "Education /Training Repayment Agreement." Attached Appendix D. .M ARTICLE 28 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the successors and assigns of the parties hereto during the term of this contract; and, no provisions, terns or obligations herein contained shall be affected, modified, altered or changed in any respect whatsoever, by the consolidation, merger or annexation, transfer or assignment, of either party hereto, or affected, modified, altered or changed of any kind in the ownership or management of either party hereto, or by any change geographically of place of business of either party hereto. 41 ARTICLE 29 SAVINGS CLAUSE Section 1. If any provision of this Agreement or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provisions or application, and to this end, the provisions of this Agreement are severable. Section 2. It is understood that the foregoing is a complete understanding of all the terms and conditions of employment to be governed by this Agreement during the contract period and it cannot be altered in any manner, save by the complete written concurrence of the parties subscribing hereto. Section 3. Any appendices to this Agreement shall be numbered, dated and signed by the Employer and the Union and shall be subject to the provisions of this agreement unless the terms of said appendices specifically delete or change a provision of this Agreement, and all appendices shall become a part of this Agreement as is specifically set forth herein. Section 4. It is understood that all time limits found in this Agreement may be extended by mutual concurrence. Section 5. Nothing herein should preclude the City from being in compliance with the Americans with Disabilities Act. 42 ARTICLE 30 LONGEVITY Section 1. The Employer shall pay each Employee covered by this Agreement, longevity pay, added to and included in Employee's base rate of pay for each year of service with the department from the Employee's date of hire. Longevity shall be paid at the rate of $0.07 (seven cents) per year of service commencing on the employee's fifth employment anniversary. As of January 1, 2015 longevity shall be paid at the rate of $0.10 (ten cents) per year of service commencing on the employee's fifth employment anniversary. 43 ARTICLE 31 RETIREMENT AND PENSION Employer and employee shall contribute toward the Oklahoma Firefighters Pension and Retirement System per requirements of State Statutes. M ARTICLE 32 PHYSICAL FITNESS PROGRAM Section 1. The employer shall reimburse gym membership fees up to fifteen dollars ($15) per month for each member of the bargaining unit who signs up to participate in a voluntary fitness program. Members electing to participate in the voluntary fitness program reimbursement must provide proof of membership /enrollment in a physical fitness program of their choice by the second pay day in June of each year, in order to be eligible for the reimbursement. Reimbursements will be made annually, on the second pay day in June. In order to be eligible for the reimbursement, members must provide proof of payment by the first Friday in June, to the Chief or his designee, for the months in which reimbursement is being requested. Participating members working out while not on duty are not covered by Workers' Compensation. Members will participate in their physical fitness program at least once within any seven (7) day period, excluding time used for vacation or extended sick leave. It is the member's responsibility to notify the Chief or his designee, by June I" of reductions in reimbursement resulting from lack of or change in participation. Section 2. The Physical Fitness Test outlined in Appendix E will be administered bi- annually in October and April by the Fire Chief or designee and the Safety and Health Officer. Members of the bargaining unit who voluntarily participate and successfully complete the Physical Fitness Test, as established in Appendix E, will receive twenty -four (24) hours of comp time credited to their comp balance following the successful completion of each test, for a maximum annual accrual of forty -eight (48) hours of comp time. 45 ARTICLE 33 DRUG & ALCOHOL TESTING The Union and its bargaining unit members agrees to comply with all of the provisions described in the Substance Abuse Policy as described in the attached Appendix "C ". ,e SIGNATURE PAGE IN WITNESS WHEREOF, the parties have hereunto set their hands this day of , 2020. CITY OF OWASSO, OKLAHOMA A Municipal Corporation ATTEST: Chris Kelley, Mayor Juliann M. Stevens, City Clerk INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL NO. 2789 IAFF President ATTEST: APPROVED AS TO FORM: Julie Lombardi, City Attorney 47 APPENDIX A The rates contained within the Appendix A pay plan do not include compensation which may be added to the base rate as provided in Article 20, Section 5; Article 20, Section 6; and Article 31. IAFF Pay Plan A -Effective July 1, 2019 IAFF Pay Plan C - Effective January 1, 2021 FF /Basic EM I FF/Int EMT FF- Paramedic Driver 13.85 14.31 '14. 15.01 15.50 '16. 17.06 17.63 18.21 18.79 19.42 20.06 17.91 '18.50 19.12 '19.74 20.40 21.06 0 22.39 23.16 48 20.73 21.42 22.11 22.85 23.61 24.41 21.77 22.50 2323 24.00 24.79 25.63 23.95 24.76 25.59 26.46 27.34 2827 27.82 28.78 29.73 30.76 31.79 32.87 3.00% FF /Basic EMT 13.48 '13.92 14.37 FF /Int EMT 14.60 '15.08 15.57 16.09 16.63 17.18 '17.76 18.33 18.95 19.59 20.24 20.94 FF- Paramedic 16.60 17.15 17.72 18.29 '18.90 19.52 20.17 20.85 21.52 22.24 22.98 23.75 Driver 17.43 '18.00 18.60 '19.21 19.85 20A9 2'1.18 21.89 22.60 23.35 24.12 24.94 Cpt 21.78 22.53 23.30 24.09 24.90 25.74 26.60 27.51 Chiefs /FM /EMS Mgr 27.07 28.00 28.93 29.93 30.94 3'1.98 IAFF Pay Plan B - Effective July 1. 2020 FFIBasic EMT 13.68 14.13 '14.59 FFlint EMT '14.82 15.31 15.80 16.33 16.88 17.44 18.03 '18.60 19.23 1988 . 20.54 2'1.25 FF- Paramedic 16.85 17.41 17.99 '18.56 19.18 19.81 20.47 21.16 21.84 22.57 23.32 24.11 Driver 17.69 18.27 18.88 1950 . 20.15 2080 . 21.50 22.22 22.94 23.70 24.48 25.31 Cpt 22.1'1 22.87 23.65 24.45 25.27 26.13 27.00 27.92 Chiefs/FM /EMS Mgr 27.48 28.42 29.36 30.38 31AO 32AB IAFF Pay Plan C - Effective January 1, 2021 FF /Basic EM I FF/Int EMT FF- Paramedic Driver Cpt ChiefsiFM /EMS Mgr 13.85 14.31 '14. 15.01 15.50 '16. 17.06 17.63 18.21 18.79 19.42 20.06 17.91 '18.50 19.12 '19.74 20.40 21.06 22.39 23.16 48 20.73 21.42 22.11 22.85 23.61 24.41 21.77 22.50 2323 24.00 24.79 25.63 23.95 24.76 25.59 26.46 27.34 2827 27.82 28.78 29.73 30.76 31.79 32.87 APPENDIX A (Continued) Article 20 Degree in field of Fire Protection Degree not in the field of Fire Education Propay* Technology, Nursing or EMS Protection Technology, Nursing, or EMS Manager EMS Associates Degree thirty -nine cents per hour ($0.39) twenty cents per hour ($0.20) Bachelor's Degree fifty -nine cents per hour ($0.59) thirty-nine cents per hour ($0.39) Master's Degree sixty -nine cents per hour ($0.69) forty -nine cents per hour ($0.49) Article 20 Firefighter & Captain Chiefs/Fire Marshal/ EMT Propay* Driver /Lieutenant EMS Manager EMT -Basic fifty -three cents per thirty-nine cents per twenty cents per hour Certification hour ($0.53) hour $0.39) $0.20 Intermediate forty -three cents per thirty -nine cents per twenty cents per hour Certification hour ($0.43) hour ($0.39) $0.20 Paramedic Certification seventy -five cents per seventy -five cents per seventy -five cents per hour ($0.75) hour ($0.75) hour ($0.75) Article 20 Other Propays • Fleet Manager, eighty -three cents per hour ($0.83/hr)* • IFSAC, Proboard or other Instructor II certification (rank/grade of Captain and above) thirty -nine cents per hour ($0.39).* • Hazardous Materials Technician certification, twenty -nine cents per hour ($0.29)* • Car Seat Installation certification, fifteen cents per hour ($0.15)* *This is not intended to represent the entirety of Article 20. 49 APPENDIX B The following pay items were removed contract year 2006 -2007 at which time they were included in the base pay provided in Appendix A. All items listed below are no longer applicable as of the 2006 -2007 contract. Article 20— Incentive Pro -Pay of $0.07 per hour Article 25— Cleaning Allowance of $0.13 per hour Article 25 —Bed Linen Allowance of $0.01 per hour Article 32— Employer paid 4% of Employee's contribution toward Oklahoma Firefighters Pension and Retirement System The following pay item was removed effective January 1, 2009 at which time it was included in the base pay provided in Appendix A. The item listed below is no longer applicable as of the 2009 -2010 contract. Article 20 —EMS Manager Pro -Pay of $1.00 per hour The following pay item was removed effective July 1, 2015 at which time it was included in the base pay provided in Appendix A. The item listed is no longer applicable as of the 2016 -2017 contract. Working Out of Class Pay 50 APPENDIX C SUBSTANCE ABUSE POLICY Alcohol and drug abuse have an adverse effect on job performance, create dangerous situations, and serve to undermine our community's confidence in the Fire Department. The department cannot and will not condone drug or alcohol abuse on the part of its employees, nor will it condone any employee behavior related to alcohol and /or illegal drugs on or off the job that may serve to damage the department's reputation. The policy concerning drug and alcohol use and abuse is a follows: 1. The Department will not hire anyone who is known to currently abuse substances. 2. The Department will educate and inform its employees about the health consequences of drug and alcohol abuse. 3. Employees must report to work in a fit condition to perform their duties. Being under the influence of drugs or alcohol is not acceptable. 4. Any employee on department business, on or off City premises, is prohibited from purchasing, transferring, using, or possessing illicit drugs or using alcohol or prescription drugs in a way that is illegal. 5. Employees will not be terminated for voluntarily seeking assistance for a substance abuse problem; however, continued performance, attendance, or behavioral problems may result in disciplinary action. 6. Employees on physician - prescribed medication must notify the Chief or his /her designee, if there is a likelihood that such medication could affect job performance and safety. 7. Employees who are convicted, plead guilty, or who plead no- contest for off -duty drug or alcohol involvement may be considered to be violation of the policy. 8. All available assistance programs shall be made available to the employee, either at the request of the employee, or as a requirement for continued employment, based on factual evidence of a substance abuse problem. 9. No illegal drugs, alcoholic beverage or liquor shall be brought into, or stored in or on any City Property. 10. Drug testing shall be conducted according to the policies and procedures outlined in this policy as well as the applicable existing Federal and Oklahoma State laws and regulations (Standards for Workplace Drug and Alcohol Testing Act, Title 40, Sec. 554). Conditions under which an applicant /employee will be tested are: 51 APPENDIX C SUBSTANCE ABUSE POLICY (Continued) a. Applicants for employment once a conditional offer of employment has been made. b. For existing employees on the basis of: i. Reasonable Suspicion. ii. Post - Accident where the employee or another person has sustained a work - related injury or the employer's property has been damaged, including damage to equipment, in an amount reasonably estimated at the time of the accident to exceed five hundred dollars ($500.00). iii. Post - rehabilitation testing. iv. Random testing. 11. Failure to submit to a required drug or alcohol test or having a confirmed positive result of such a test will subject the employee to disciplinary action. 12. The City will pay for all City required drug/alcohol testing as required for the proper administration of this policy. 13. In addition the City will pay for a second test at a separate certified facility if a second test is requested by the employee immediately following the first test. 14. If requested by the employee, the City agrees to pay for a blood test at a certified facility to test carbon monoxide levels. Definitions used in the polio 1. The "Act" means the Standards for Workplace Drug and Alcohol Testing Act of the State of Oklahoma. 2. "Alcohol" means ethyl alcohol or ethanol. 3. "Applicant" means a person who has applied for a position with the City. 4. "Board" means the State Board of Health. 5. "The City" means the City of Owasso. 6. "Confirmation test" means a drug or alcohol test on a sample to substantiate the results of a prior drug or alcohol test on the same sample and which uses different chemical principles and is of equal or greater accuracy than the prior drug or alcohol test. 7. "State Department" means the State Department of Health. 8. "Drug" means amphetamies, cannabinoids, cocaine, phencyclidine (PCP), hallucinogens, methaqualone, opiates, barbiturates, benzodiazepines, synthetic narcotics, designer drugs, or a metabolite of any of the substances listed herein. 52 APPENDIX C SUBSTANCE ABUSE POLICY (Continued) 9. "Drug or alcohol test" means a chemical test administered for the purpose of determining the presence or absence of a drug or its metabolites or alcohol in a person's bodily tissue, fluids or products. 10. "Employee" means any member of the Fire Department (for interpretation of this policy only). 11. "Employer" means the City of Owasso. 12. "Random selection basis" means a mechanism for selecting employees for drug or alcohol testing that: a. Results in an equal probability that any employee from a group of employees subject to the selection mechanism will be selected, and b. Does not give an employer discretion to waive the selection of any employee selected under the mechanism. 13. "Reasonable suspicion" means a belief that an employee is using or has used drugs or alcohol in violation of the City's written policy. This belief must be based on objective and stated facts and reasonable inferences drawn from those facts in light of experience, and may be based upon, among other things: a. Observable phenomena, such as: i. The physical symptoms or manifestations of being under the influence of a drug or alcohol while at work or on duty, or ii. The direct observation of drug or alcohol use while at work or on duty. b. A report of drug or alcohol use while at work or on duty, provided by reliable and credible sources and which has been independently corroborated; c. Evidence that an individual has tampered with a drug or alcohol test during his /her employment with the City of Owasso, or d. Evidence that an employee is involved in the use, possession, sale, solicitation or transfer of drugs while on duty or while on the employer's premises or operating the employer's vehicle, machinery or equipment. 14. "Review officer" means a person, qualified by the State Board of Health, who is responsible for receiving results from a testing facility which have been generated by the City's drug or alcohol testing program, and who has knowledge and training to interpret and evaluate an individual's test results together with the individual's medical history and any other relevant information. 15. "Sample" means tissue, fluid or product of the human body chemically capable of 53 revealing the presence of drugs or alcohol in the human body. APPENDIX C SUBSTANCE ABUSE POLICY (Continued) 16. "Testing facility" means any person, including any laboratory, hospital, clinic or facility, either off or on the premises of the employer, which provides laboratory services to test for the presence of drugs or alcohol in the human body. Drug or Alcohol Testing Restrictions: The employer may only request or require an applicant or employee to undergo testing under the following circumstances. 1. Applicant testing: The City may require ajob applicant, upon a conditional offer of employment, to undergo drug or alcohol testing and may use a refusal to undergo testing or a confirmed positive test result as a basis for refusal to hire, provided that such testing does not violate the provisions of the Americans with Disabilities Act of 1990, and provided that such testing is required for all applicants who have received a conditional offer of employment for a particular employment classification. 2. Reasonable suspicion testing: The City may require an employee to undergo drug or alcohol testing if the employer has a reasonable suspicion that the employee has violated the City's written substance abuse policy. 3. Post - Accident testing: The City may require an employee to undergo drug or alcohol testing if the employee or another person has sustained a work - related injury or the employer's property has been damaged, including damage to equipment, in an amount reasonably estimated at the time of the accident to exceed five hundred dollars ($500.00). 4. Random testing: The city may require an employee to undergo drug or alcohol testing on a random selection basis. 5. Post - rehabilitation testing: The City may require an employee to undergo drug or alcohol testing without prior notice for a period of up to two (2) years commencing with the employee's return to work, following a confirmed positive test, or following participation in a drug or alcohol dependency treatment program under an employee benefit plan or at the request of the employer. 54 APPENDIX C SUBSTANCE ABUSE POLICY (Continued) Confidentiality of Testing Results and Records Disclosure of General health Information Prohibited: 1. The City shall maintain all drug and alcohol test results and related information, including, but not limited to, interviews, reports, statements and memoranda, as confidential records, separate from other personnel records. Such records, including the records of the testing facility, shall not be used in any criminal proceeding, or any civil or administrative proceeding, except in those actions take by the employer or in any action involving the individual tested and the employer or unless such records are ordered released pursuant to a valid court order. 2. The records described above shall be maintained by the employer and shall be the property of the employer, and, upon the request of the applicant or employee tested, shall be made available for inspection and copying to the applicant or employee. The employer shall not release such records to any person other than the applicant, employee or the employer's review officer, unless the applicant or employer, in writing following receipt of the test results, has expressly granted permission for the employer to release such records or pursuant to a valid court order. 3. A testing facility, or any agent, representative or designee of the facility, or any review officer, shall not disclose to any employer, based on the analysis of the sample collected from an applicant or employee for the purpose of testing for the presence of drugs or alcohol, any information relating to: a. The general health, pregnancy or other physical or mental condition of the applicant or employee, or b. The presence of any drug other than the drug or its metabolites that the employer requested be identified and for which a medically acceptable explanation of the positive result, other than the use of drugs, has not been forthcoming from the applicant or employee. Provided, however, a testing facility shall release the results of the drug or alcohol test, and any analysis and information related thereto, to the individual tested upon his or her request. 55 APPENDIX D EDUCATION/TRAINING REPAYMENT AGREEMENT The undersigned, for and in consideration of the City of Owasso, Oklahoma's incurrence of costs associated with my educational enhancement and or Paramedic training, hereby agrees that if and in the event I should voluntarily or involuntarily separate from employment with the City of Owasso, Oklahoma, within three (3) years from the date of the last payment for my tuition reimbursement and /or Paramedic classes, then in such event I will reimburse the City of Owasso, Oklahoma, one hundred percent (100 %) of all expense incurred by said City for my tuition reimbursement and /or cost incurred for my Paramedic classes. In connection herewith, I hereby authorize the City of Owasso, Oklahoma, to withhold from my final pay any sum due and owing to the City of Owasso, Oklahoma, by virtue of the foregoing. Further, it is my understanding that execution of this repayment agreement does not constitute an agreement on the part of the City of Owasso, Oklahoma, to employ me for any term of years, or portions thereof. Employee S State of Oklahoma County of Date: On this day of , 20_, before me, the undersigned, a Notary Public in and for the County and State aforesaid, personally appeared to me, known to be the identical person who executed the above and acknowledged to me that the above was executed as a free and voluntary act and deed for the uses and purposes therein set forth. Given under my hand and seal the office the day and year last above written. Notary Public My Commission Expires (Seal) 56 APPENDIX E PHYSICAL FITNESS TEST To promote and encourage wellness through physical activity, the Fire Chief or designee and the Safety and Health Officer will administer a Physical Fitness bi- annually. Such test will consist of four parts. Part 1: 1.5 Mile Timed Run In order to successfully pass the timed run participants must complete the run within the established number of minutes /seconds, based upon his /her age at testing date. Age: <30 30 -39 40 -49 50 -59 60+ Run Time: 13:36 14:00 14:52 16:22 18:14 Part 2: Push -ups In order to successfully pass the push -ups portion of the Physical Fitness Test participants must complete the established number of push -ups based upon his /her age at testing date. Push -ups require humerus to be level with the ground at the bottom of each rep and elbows locked at the top of each rep. Pausing at the top of rep for no less than one second is required to assure participants are not using momentum from previous rep. Age: <30 30 -39 40 -49 50 -59 60+ Push -ups: 33 27 21 15 14 Part 3: Sit -ups In order to successfully pass the sit -ups portion of the physical fitness test participants must complete the established number of sit -ups based upon his/her age at testing date, within a two minute time limit. Sit -ups require hands locked behind the head, knees bent, chest touching knees at top of rep, and no greater than one inch of space between shoulder blades and ground at the bottom of the rep. Age: <30 30 -39 40 -49 50 -59 60+ Sit -ups: 42 39 34 28 22 Part 4: Abdominal Circumference Participants must have an abdominal circumference of 39" or less. Abdominal circumference will be measured at the navel while participant is at rest. In order to successfully pass the abdominal circumference portion of the physical fitness test the measurement must be held for 90 seconds. The following options are available to individuals participating in the physical fitness test. Option A: Step Mill in Lieu of 1.5 Mile Run Participants can elect to complete ten minutes on a step mill (Stairmaster) in lieu of the 1.5 mile run. In order to substitute the step mill for the run, the step mill must be set on program three, difficulty level six. There will be no age adjustment for the step mill option. 57 APPENDIX E PHYSICAL FITNESS TEST (Continued) Option B: Pull -ups in Lieu of Push -ups, Sit -ups, or Abdominal Circumference Participants can elect to complete ten pull -ups in lieu of either the push -ups, sit -ups, or abdominal circumference. In order to substitute pull -ups for one part of the test participants must complete ten reps with palms away, chin over bar, and complete stop at bottom with arms fully extended. Pull -ups can only replace one of the three requirements mentioned in this option. W CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 05109/2020 Department Payroll Expenses Total Expenses 105 Municipal Court 6,074.90 9,091.67 110 Managerial 22,281.92 30,762.90 120 Finance 20,816.13 31,032.66 130 Human Resources 9,248.03 13,544.81 160 Community Development 17,453.32 26,230.63 170 Engineering 19,354.91 29,120.14 175 Information Systems 17,706.34 26,053.87 181 Support Services 9,202.87 13,747.62 190 Cemetery 2,052.80 3,504.62 201 Police Grant Overtime 2,454.06 2,485.59 201 Police Overtime- Covid19 3,524.08 3,572.22 215 Central Dispatch 26,117.75 42,168.95 221 Animal Control 3,745.36 5,659.86 250 Fire Safer Grant 25,629.51 40,085.25 250 Fire Overtime- Covid19 13,320.05 13,798.83 280 Emergency Preparedness 2,308.69 3,620.41 370 Stormwater /ROW Maint. 11,129.85 16,472.86 515 Park Maintenance 7,505.12 11,981.90 520 Culture /Recreation 9,914.34 16,074.27 550 Community- Senior Center 5,635.62 7,568.30 580 Historical Museum 2,215.35 2,490.05 710 Economic Development 4,648.30 6,902.11 General Fund Total 242,339.30 355,969.52 185 Garage Fund Total 7,477.95 12,259.70 255 Ambulance Fund Total 553.85 622.53 250 Fire Fund 37 Total 162,134.51 242,646.15 201 Police Fund 38 Total 171,131.86 255,385.94 300 Streets Fund 39 Total 19,525.60 32,384.46 370 Stormwater Fund 27 Total 3,446.99 5,209.53 150 Worker's Compensation Total 654.72 785.78 720 Strong Neighborhoods Total 4,751.28 6,590.34 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 5114120 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE ADMIN FEES STOP LOSS FEES HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE ADMIN FEES DENTAL DEPT TOTAL AMOUNT 29,825.09 28,253.01 24,034.26 34,449.32 14,246.47 49,611.97 180,420.12 3,061.04 2,221.54 5,282.58 HEALTHCARE SELF INSURANCE FUND TOTAL 185,702.70 CITY OF OWASSO GENERAL FUND & HALF -PENNY SALES TAX FISCAL YEAR 2019 -2020 Budgetary Basis Statement of Revenues & Expenditures As of April 30, 2020 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 MONTH TO -DATE $ 2,766,138 14,828 360,662 53,687 19,404 25,415 $ 3,240,134 $ (1,625,159) (103,631) (110,312) (109,264) $ (1,948,366) $ 1,291,768 YEAR $ 29,453,327 $ 33,926,288 214,041 196,676 1,539,291 1,990,831 597,466 802,869 229,751 333,843 341,279 344,891 $ 32,375,155 $ 37,595,398 $ (16,806,728) $ (22,406,672) (994,707) (1,675,027) (1,670,673) (2,715,794) (1,857,666) (4,321,168) $ (21,329,775) $ 11,045,380 (236) $ (31,118,897) $ 6,476,500 $ 1,393,216 $ 14,728,245 $ 17,255,727 (2,100,307) (23,141,191) (26,915,163) $ (707,091) $ (8,412,946) $ (9,659,436) $ 584,677 $ 2,632,434 $ (3,182,936) $ (753,809) 11,462,896 11,462,896 $ 13,341,521 $ 8,279,960 Q: \Finance (120)Wccounting \Reports \fy20 \GF monthly report FY 20 Red Flag Policy Annual Report May 1, 2020 BACKGROUND: Identity theft is a serious problem in the United States. To combat the problem, as part of the Fair and Accurate Credit Transactions Act of 2003 (the FACT Act), the Federal Trade Commission and several other federal agencies have issued rules requiring creditors (including municipalities under certain circumstances) to develop, adopt and implement written Identity Theft Prevention Programs. The Programs were required to be in place by May 1, 2009. The rules are often referred to as RED FLAG requirements and apply to financial institutions and municipalities that provide utility services and /or other services for which payment is made in arrears. It is the provision of services on a deferred payment basis that makes a municipality a "creditor" as defined under Red Flags. ACTION TAKEN: The City of Owasso adopted Resolution No. 2009 -03 to help protect identity theft and fight theft of customer account information, and provide procedures that identify, detect, and respond to possible signals of identity theft known as Red Flags. As a result, the following list of security enhancements are enforced to ensure the security of customer information: 1) Only allow for applications for service to be made in person; 2) Verify the identification of existing customers if they request information in person, via telephone, via facsimile, or via e-mail. 3) Verify identification of existing customers when requesting to transfer service, change account status, change mailing address, or to terminate service; 4) Verify proof of ownership /lease agreement; 5) Require proper identification when a customer presents a Credit or Debit Card for payment if the name is on the card is different from the name on the utility account. ANNUAL REPORT: Red Flag procedures were reviewed in April 2020. No breach of confidential customer personal identifying information or suspected identity theft was detected over the past year.