HomeMy WebLinkAbout2021.06.01_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE
OWASSO CITY COUNCIL
Council Chambers Old Central Building 109 North Birch,
Tuesday, June 1, 2021 - 6:30 PM
NOTE: APPROPRIATE ACTION may include, but is not limited to: acknowledging, affirming, amending, approving,
authorizing, awarding, denying, postponing, or tabling.
AGENDA
1. Call to Order
Mayor Bill Bush
2. Invocation
Reverend Bruce McCarty of Owasso First Assembly
3. Flag Salute
4. Roll Call
5. Presentation of the Character Trait of Determination
Chelsea Levo Feary, Character Council Member
6. Consideration and appropriate action relating to a request for approval of the Consent
Agenda. (All matters listed under "Consent' are considered by the City Council to be routine
and will be enacted by one motion. Any Councilor may, however, remove an item from the
Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.)
A. Approve minutes- May 18, 2021, Regular Meeting
B. Approve claims
7. Consideration and appropriate action relating to items removed from the Consent Agenda
8. PUBLIC HEARING -The City Council will conduct a public hearing for the purpose of receiving
citizen input and discussing the proposed FY 2021 -2022 Annual Operating Budget
Warren Lehr /Linda Jones
9. Consideration and appropriate action relating to bids received for the North 137th East
Avenue Service Road Extension Project
Daniel Dearing
Staff recommends awarding the construction contract to Paragon Contractors, LLC, of Tulsa,
Oklahoma, in the amount of $775,991.30 and authorization to execute the necessary
documents.
10. Consideration and appropriate action relating to a contract with the Fraternal Order of Police
(FOP) Lodge #149 for FY 2021 -2022
Michele Dempster
Staff recommends approval of the FY 2021 -2022 contract between the City of Owasso and
the Fraternal Order of Police, Lodge #149, and authorization to execute all necessary
documents.
11. Consideration and appropriate action relating to an Employment Agreement between the
City and City Manager, Warren Lehr
Michele Dempster
Owasso City Council
June 1, 2021
Page 2
12. Consideration and appropriate action relating to an Employment Agreement between the
City and City Attorney, Julie Lombardi
Michele Dempster
13. Report from City Manager
Monthly Public Works Project Status Report
14. Report from City Attorney
15. Report from City Councilors
16. Official Notices (documents for acknowledgment of receipt or information only, no
discussion or action will be taken)
• Payroll Payment Report - Pay Period Ending Date May 22, 2021
• Health Care Self- Insurance Claims -dated as of May 27, 2021
17. New Business (New Business is any item of business which could not have been foreseen at
the time of posting of the agenda)
18. Adjournment
Notice of Public Meeting filed in the office of the City Clerk on Friday, December 11, 2020, and
the Agenda posted at City Hall, 200 South Main ?ia at 6:00 pm on Thu sday, May 27, 2021.
if 'U ha lao
nn M. Steven , ity Clerk
The City of Owasso encourages citizen participation. To request an accommodation due to a disability, contact the
City Clerk at least 48 hours prior to the scheduled meeting by phone 918- 376 -1502 or by email to
is tevens QCItVO /a wasso. com
OWASSO CITY COUNCIL
MINUTES OF REGULAR MEETING
Tuesday, May 18, 2021
The Owasso City Council met in regular session on Tuesday, May 18, 2021, in the Council
Chambers at Old Central, 109 North Birch, Owasso, Oklahoma per the Notice of Public Meeting
filed Friday, December 11, 2020; 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 14, 2021.
1. Call to Order
Mayor Bill Bush called the meeting to order at 6:30pm.
2. Invocation
The Invocation was offered by Senior Pastor Clayton Chisum of Central Baptist Church.
3. Flag Salute
Councilor Alvin Fruga led the flag salute.
4. Roil Call
Present
Mayor - Bill Bush
Vice Mayor- Kelly Lewis
Councilor -Alvin Fruga
A quorum was declared present.
Staff:
City Manager- Warren Lehr
City Attorney - Julie Lombardi
Absent
Councilor - Doug Bonebrake (arrived at 6:46pm)
Councilor - Lyndell Dunn
5. Consideration and approval, denial, amendment, or other 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 4, 2021, and May 11, 2021, Regular Meetings
B. Approve claims
C. Accept the Community Center Roof Replacement Project and authorize final
payment to Wisdom Roofing, Inc., of Tulsa, Oklahoma, in the amount of
$27,475.00.
D. Accept the 2020 Yellow Traffic Signal Upgrade Project and authorize final
payment to Traffic Signals Inc., of Edmond, Oklahoma, in the amount of $6,619.00
E. Accept public infrastructure improvements of a concrete approach, sidewalk
and water line for Tropical Smoothie located at 13000 East 96'h Street North
F. Accept public infrastructure improvements of a gravity sanitary sewer system for
Thiessen North located just east of US Highway 169 and north of Highway 20
G. Authorization to execute amended Vision 2025 Capital Improvements
Agreements for the Community Center Outdoor Classroom and Gathering Area
Project and Owasso Events Facilities - Sports Park Project #2 by extending the
expiration term for each agreement to May 31, 2022 and May 1, 2022,
respectively
H. Declare the following vehicles and equipment as surplus to the needs of the City
and authorize disposal via auction:
• John Deere Backhoe - T03 OSE892599
• New Holland 451 Sickle Mower -SN: 233162
• Sewer Equipment of America 747- FR2000 Jetter Trailer - SN: 2153
• KM International KM -8000T Asphalt Hot Box Trailer - SN: 0305100T
• Flatbed Trailer
Owasso City Council
May 18, 2021
Page 2
• 2001 Freightliner FL60 Flatbed - 1 FV3GLCC41 HA65833
• 1998 Chevrolet C/K 2500 - 1 GCGC24R9WE2123673
• 2000 Jeep Cherokee - 1 J4FT48S8YL208663
• 2002 Mercury Grand Marquis - 2MEFM74W32X667301
• 2006 Ford E -250 - 1 FTNE24W66HB25659
• 2015 Ford F -250 - I FT7W2B68FEC03840
• 2009 Toyota Camry - 4TI BE46K29U823671
• 2002 Chevrolet 1500 Truck - IGCE14W32Z201181
• 2009 Ford Econoline Van CNG - 1 FBSS31 L89DA85676
Ms. Lewis moved, seconded by Mr. Fruga to approve the Consent Agenda, as presented
with claims totaling $543,711.72.
YEA: Fruga, Lewis, Bush
NAY: None
Motion carried: 3 -0
6. Consideration and approval, denial, amendment, or other appropriate action relating to
items removed from the Consent Agenda
None
7. Consideration and approval, denial, amendment, or other appropriate action relating to
Ordinance 1178, detaching from the corporate limits of the City of Owasso, Oklahoma,
approximately 10.81 acres located near North 177th East Avenue and North Patriot Drive (The
Wharf at Stone Canyon), as referenced in application OA 21 -02
Karl Fritschen presented the item, recommending adoption of Ordinance 1178.
There were no comments from the audience. After discussion, Ms. Lewis moved, seconded
by Mr. Fruga to adopt Ordinance 1178, as recommended.
YEA: Fruga, Lewis, Bush
NAY: None
Motion carried: 3 -0
8. Consideration and approval, denial, amendment, or other appropriate action relating to the
acceptance and final payment for the East 116th Street North Roadway Improvements from
North 129th East Avenue to US Highway 169
Earl Farris presented the item, recommending acceptance of the construction project and
authorization for final payment to Crossland Heavy Contractors, Inc., of Tulsa, Oklahoma, in
the amount of $245,019.27.
There were no comments from the audience. After discussion, Ms. Lewis moved, seconded
by Mr. Fruga to accept the project and authorize final payment, as recommended.
YEA: Fruga, Lewis, Bush
NAY: None
Motion carried: 3 -0
*At 6:46 pm Councilor Bonebrake arrived*
Consideration and approval, denial, amendment, or other appropriate action relating to the
acceptance and final payment for the 2020 Street Rehabilitation Program Project
Earl Farris presented the item, recommending acceptance of the street rehabilitation project
and authorization for final payment to Grade Line Construction, LLC, of Broken Arrow,
Oklahoma, in the amount of $119,982.62.
There were no comments from the audience. After discussion, Ms. Lewis moved, seconded
by Mr. Bonebrake to accept the project and authorize the final payment, as recommended.
YEA: Bonebrake, Fruga, Lewis, Bush
NAY: None
Motion carried: 4 -0
Owasso City Council
May 18, 2021
Page 3
10. Consideration and approval, denial, amendment, or other appropriate action relating to bids
received for the Sports Park Mitigation Tree and Grass Planting Project
Dwayne Henderson presented the item, recommending to award the bid to Grassolutions,
Inc., of Catoosa, Oklahoma, in the amount of $166,952.00, and authorization to execute all
necessary documents.
There were no comments from the audience. After discussion, Mr. Bonebrake moved,
seconded by Ms. Lewis to award the bid and authorize execution of all necessary
documents, as recommended.
YEA: Bonebrake, Fruga, Lewis, Bush
NAY: None
Motion carried: 4 -0
11. Consideration and approval, denial, amendment, or other appropriate action relating to a
change order for the East 76th Street North Roadway Improvements from US Highway 169 to
North 1291h East Avenue
Dwayne Henderson presented the item, recommending approval of Change Order No. 6, in
the amount of $115,300.49 (City of Owasso's share), and authorization to execute all
necessary documents.
There were no comments from the audience. After discussion, Ms. Lewis moved, seconded
by Mr. Fruga to approve Change Order No. 6 and authorize execution of all necessary
documents, as recommended.
YEA: Bonebrake, Fruga, Lewis, Bush
NAY: None
Motion carried: 4 -0
12. Consideration and approval, denial, amendment, or other appropriate action relating
Resolution 2021 -09, authorizing an application for funding assistance between the City of
Owasso and the Oklahoma Department of Transportation for proposed roadway
improvements located on Main Street from Broadway to East 11th Street utilizing Coronavirus
Response and Relief Supplemental Appropriations Act (CRRSAA) funding
Dwayne Henderson presented the item, recommending approval of Resolution 2021 -09.
There were no comments from the audience. After discussion, Ms. Lewis moved, seconded
by Mr. Bonebrake to approve Resolution 2021 -09, as recommended.
YEA: Bonebrake, Fruga, Lewis, Bush
NAY: None
Motion carried: 4 -0
13. Consideration and approval, denial, amendment, or other appropriate action relating to a
contract with the International Association of Firefighters (IAFF) Local #2789 for FY 2021 -2022
Michele Dempster presented the item, recommending approval of the FY 2021 -2022
contract between the City of Owasso and the International Association of Firefighters, Local
#2789, and authorization to execute all necessary documents.
There were no comments from the audience. After discussion, Mr. Bonebrake moved,
seconded by Ms. Lewis to approve the contract and authorize execute of all necessary
documents, as recommended.
YEA: Bonebrake, Fruga, Lewis, Bush
NAY: None
Motion carried: 4 -0
14. Report from City Manager
Warren Lehr reported on Pelivan's enhancement program pilot project launching June 1
2021.
Owasso City Council
May 18, 2021
Page 4
15. Report from City Attorney
None
16. Report from City Councilors
None
17. Official Notices (documents for acknowledgment of receipt or information only, no
discussion or action will be taken)
The Mayor acknowledged receipt of the following:
• Payroll Payment Report - Pay Period Ending Date May 8,2021
• Health Care Self- Insurance Claims - dated as of May 13, 2021
• Monthly Budget Status Report - April 2021
• Red Flag Policy Annual Report dated May 1, 2021
• Oklahoma Department of Environmental Quality Permit No. SL000072210288 for
Tommy's Car Wash Sanitary Sewer Line Extension
18. New Business (New Business is any item of business which could not have been foreseen at
the time of posting of the agenda)
None
19. Adjournment
Ms. Lewis moved, seconded by Mr. Fruga to adjourn the meeting.
YEA: Bonebrake, Fruga, Lewis, Bush
NAY: None
Motion carried: 4 -0 and the meeting adjourned at 7:19 pm.
Bill Bush, Mayor
Juliann M. Stevens, City Clerk
Claims List - 6/1/2021
Fund Vendor Name
Payable Description
Payment
Amount
01 GENERAL JPMORGAN CHASE BANK
SAFEWARE -MASKS
$39,795.30
COVID EMERG SUPP FUNDING -Total
CODE ENFORCEMENT MOWING
$39,795.30
AEP /PSO
ELECTRIC USE
$158.12
JPMORGAN CHASE BANK
AMAZON - SUPPLIES
$49.99
JPMORGAN CHASE BANK
AMAZON -TOOLS
$28.99
JPMORGAN CHASE BANK
AMAZON- UNIFORM
$100.00
JPMORGAN CHASE BANK
ANIMAL CARE -TOOLS
$554.12
JPMORGAN CHASE BANK
APPLE- PROF/TECH
$49.99
JPMORGAN CHASE BANK
PNEU DART -TOOLS
$316.31
JPMORGAN CHASE BANK
WILL ROGERS- PROFfrECH
$191.00
RELIEF VETERINARY SERVICES
STERILIZATION SERVICES
$80.00
GEN ANIMAL CONTROL -Total
$1,528.52
AEP /PSO
ELECTRIC USE
$20.73
JPMORGAN CHASE BANK
BROWN CO -REBAR
$380.77
JPMORGAN CHASE BANK
BROWN FARMS -SOD
$110.00
JPMORGAN CHASE BANK
CORE &MAIN -PUMP HOSE
$67.50
JPMORGAN CHASE BANK
EQUIP ONE -REBAR TIES
$30.99
JPMORGAN CHASE BANK
LOWES- EXPDXY
$158.88
JPMORGAN CHASE BANK
LOWES -SAW BLADE
$64.46
JPMORGAN CHASE BANK
LOWES- SUPPLIES
$506.36
JPMORGAN CHASE BANK
MAXWELL- REBAR/PINS
$383.93
JPMORGAN CHASE BANK
STANDARD SPLY -TOOLS
$743.98
SPOK INC.
PAGER USE
$9.15
UNIFIRST HOLDINGS LP
UNIFORM SERVICE
$29.52
GEN CEMETERY -Total
$2,506.27
DANETTE TODD
CLASSES
$36.00
OWASSO COMMUNITY THEATRE
CLASSES
$936.00
COMPANY
TEAL DANCE COMPANY LLC
CLASSES
$472.00
GEN COMM CTR DONATIONS -Total
$1,444.00
AEP /PSO
ELECTRIC USE
$532.34
SUMNERONE INC
CONTRACT BASE RATE FOR MA
$151.00
SUMNERONE INC
CONTRACT OVERAGE CHARGE
$98.80
F
GEN COMMUNITY CENTER -Total
$782.14
FELKINS ENTERPRISES LLC
BUSINESS CARDS
$125.00
HAROLD RANDALL PINNEY
CODE ENFORCEMENT MOWING
$50.00
HAROLD RANDALL PINNEY
CODE ENFORCEMENT MOWING
$750.00
A
HAROLD RANDALL PINNEY
MOWING
$200.00
KENNETH LIVINGSTON
MOWING
$700.00
1
Claims List - 6/1/2021
Fund Vendor Name
Payable Description
Payment
Amount
01 GENERAL GEN COMMUNITY DEVELOPMENT - Total
$1,825.00
JPMORGAN CHASE BANK
LOWES- SUPPLIES
$51.58
JPMORGAN CHASE BANK
NEW LEAF - FLOWERS
$432.00
JPMORGAN CHASE BANK
PARTS EXP- SUPPLIES
$19.35
JPMORGAN CHASE BANK
RAINWATERS PROD -TECH
$93.75
GEN CULTURE & RECREATION -Total
$596.68
CHELSEA LEVO FEARY
TUITION REIMBURSEMENT
$867.90
GEN ECONOMIC DEV -Total
$867.90
AEP /PSO
ELECTRIC USE
$76.24
JPMORGAN CHASE BANK
APEX - BATTERIES
$1,464.73
JPMORGAN CHASE BANK
STAPLES - SUPPLIES
$31.99
GEN EMERG PREPAREDNESS -Total
$1,572.96
SH MEDIA HOLDING GROUPS, INC
TULSA WORLD PUBLISHINGS
$71.34
JPMORGAN CHASE BANK
CPC OKLAHOMA- SUPPLIES
$33.75
UNIFIRST HOLDINGS LP
UNIFORM SERVICE
$44.34
GEN ENGINEERING -Total
$149.43
FELKINS ENTERPRISES LLC
FIXED ASSET STICKERS
$415.00
JPMORGAN CHASE BANK
AMAZON -FEE
$12.99
JPMORGAN CHASE BANK
AMAZON- REFUND
($6.50)
JPMORGAN CHASE BANK
AMAZON- SCISSORS
$6.48
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
$54.00
JPMORGAN CHASE BANK
STAPLES - SUPPLIES
$29.71
SUMNERONE INC
COPIER SERVICES
$45.00
GEN FINANCE -Total
$556.68
AEP /PSO
ELECTRIC USE
$2,337.67
BH MEDIA HOLDING GROUPS, INC
TULSA WORLD PUBLISHINGS
$959.36
GRAND GATEWAY ECO. DEV. ASSC.
PELIVAN TRANSIT SERVICES
$5,100.00
JPMORGAN CHASE BANK
AMER WASTE- RENTAL
$91.76
JPMORGAN CHASE BANK
SAMS- SUPPLIES
$17.44
GEN GENERAL GOVERNMENT -Total
$8,506.23
AEP IPSO
ELECTRIC USE
$70.61
DALE & LEES SERVICE INC
MUSEUM HVAC SERVICE
$89.48
CHARG
OWASSO REPORTER
OWASSO REPORTER
$81.12
SUBSCRIPT
GEN HISTORICAL MUSEUM -Total
$241.21
COMMUNITYCARE EAP
EAP
$446.16
JPMORGAN CHASE BANK
SAMS- MEETING EXP
$10.98
TULSA WORLD
TULSA WORLD ADVERTISING
$1,755.45
GEN HUMAN RESOURCES -Total
$2,212.59
Fund
O1 GENERAL
Claims List - 6/1/2021
Vendor Name
Payable Description Payment
Amount
AT&T MOBILITY PUBLIC SAFETY WIRELES $83.35
JPMORGAN CHASE BANK COX - INTERNET $1,539.00
GEN INFORMATION TECH -Total
$1,622.35
JPMORGAN CHASE BANK
LODGING EXPENSE
$1,143.60
JPMORGAN CHASE BANK
MEETING EXPENSE
$31.16
JPMORGAN CHASE BANK
OK MUN LEAGUE - TRAININ
$85.00
JPMORGAN CHASE BANK
OWASSO CHAMBER -FEE
$80.00
JPMORGAN CHASE BANK
REASORS -FOOD
$105.59
JPMORGAN CHASE BANK
SAMS- SUPPLIES
$26.64
JPMORGAN CHASE BANK
TRAVEL EXPENSE
$149.95
GEN MANAGERIAL -Total $1,621.94
LAW ENFORCEMENT SYSTEMS CITIATION BOOKS $1,199.00
YOUTH SERVICES OF TULSA YOUTH COURT $4,125.00
GEN MUNICIPAL COURT -Total
$5,324.00
AEPIPSO
ELECTRIC USE
$2,060.40
FREDRICK COSTIN JR
MAY MOWINGS
$1,491.00
JPMORGAN CHASE BANK
ALL MAINT SPLY - SUPPLI
$175.24
JPMORGAN CHASE BANK
BUILD.COM- REFUND
($49.89)
JPMORGAN CHASE BANK
CORNERSTONE - SUPPLIES
$3.41
JPMORGAN CHASE BANK
HOME DEPOT -HARD HAT
$25.97
JPMORGAN CHASE BANK
LOWES- RETURN
($6.98)
JPMORGAN CHASE BANK
LOWES- UNIFORM
$94.98
OKLAHOMA FACILITY SERVICES
MAY MOWINGS
$1,670.00
ROGERS COUNTY RURAL WATER
CENTENNIAL PARK WATER SER
$321.38
DISTRICT
UNIFIRST HOLDINGS LP
PARKS STAFF UNIFORMS
$52.48
WASHINGTON CO RURAL WATER
MCCARTY PARK WATER
$36.00
DISTRICT
SERVIC
GEN PARKS -Total $5,673.99
JPMORGAN CHASE BANK AMAZON - OUTFITTING $25.97
JPMORGAN CHASE BANK MAGPUL - OUTFITTING $336.30
GEN POLICE CHER NAT GRT -Total
$362.27
AEP(PSO
ELECTRIC USE
$258.77
BROOKE WATSON
TUITION REIMBURSEMENT
$1,182.60
JPMORGAN CHASE BANK
APCO - TRAINING
$49.00
M & M MICRO SYSTEMS INC
ANNUAL SOFTWARE AGREEMT
$5,000.00
GEN POLICE COMMUNICATIONS -Total
$6,490.37
GM LAWNCARE LLC
MOWING
$3,000.00
JPMORGAN CHASE BANK
AMAZON - BLADES
$75.85
JPMORGAN CHASE BANK
ATWOODS- SUPPLIES
$233.89
JPMORGAN CHASE BANK
HOME DEPOT -POLE SAW
$399.00
K3
Fund
01 GENERAL
20
Claims List - 6/1/2021
Vendor Name
Payable Description Payment
Amount
JPMORGAN CHASE BANK
MUSTANG MOWERS -BELT
$73.12
JPMORGAN CHASE BANK
OREILLY -TIRE SHINE
$4.69
JPMORGAN CHASE BANK
PBK -PARTS
$167.35
JPMORGAN CHASE BANK
SMITH FARM - CHAINS
$84.48
JPMORGAN CHASE BANK
STANDARD SPLY- BLADES
$49.02
JPMORGAN CHASE BANK
TIMMONS -FUEL
$2,884.66
SPOK INC.
PAGER USE
$64.05
UNIFIRST HOLDINGS LP
UNIFORM SERVICE
$154.79
GEN STORMWATER -Total
$7,190.90
JPMORGAN CHASE BANK
COX - INTERNET
$69.95
JPMORGAN CHASE BANK
HOBBY LOBBY - SUPPLIES
$3.49
JPMORGAN CHASE BANK
LOCKE- LIGHTS
$50.40
JPMORGAN CHASE BANK
LOCKE -PARTS
$31.99
JPMORGAN CHASE BANK
LOWES- CLEANER
$15.96
JPMORGAN CHASE BANK
LOWES- FAUCET
$99.00
JPMORGAN CHASE BANK
LOWES- MATERIALS
$20.44
JPMORGAN CHASE BANK
LOWES- REPAIR
$18.94
JPMORGAN CHASE BANK
OFFICE DEPOT - REFUND
($22.18)
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
$11.07
JPMORGAN CHASE BANK
STAPLES- SUPPLIES
$31.99
JPMORGAN CHASE BANK
SUNDANCE -CHAIR
$275.00
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
$23.60
VERTIV CORPORATION
POWER/BATTERY MODULE SVC
$1,840.50
GEN SUPPORT SERVICES -Total
$2,470.15
GENERAL -Total
$93,540.88
AMBULANCE SERVICE JPMORGAN CHASE BANK
BOUND TREE - SUPPLIES
$3,083.25
JPMORGAN CHASE BANK
EXCELLANCE- COMPRESSOR
$524.88
JPMORGAN CHASE BANK
FULLERTON- SUPPLIES
$389.00
JPMORGAN CHASE BANK
HENRY SCHEIN- SUPPLIES
$928.08
JPMORGAN CHASE BANK
INTERSTATE - BATTERIES
$52.00
JPMORGAN CHASE BANK
LIFE ASSIST - SUPPLIES
$873.25
JPMORGAN CHASE BANK
ZOLL- ELECTRODES
$1,785.96
JPMORGAN CHASE BANK
ZOLL- SUPPLIES
$518.01
MARTIN Z HANNA
TINTING
$150.00
MEDICLAIMS INC
BILLING SERVICES
$14,525.53
AMBULANCE SERVICE
21 E -911
AMBULANCE -Total $22,829.96
AMERICAN MUNICIPAL SERVICES LTD COLLECTION SERVICES $55.60
AMBULANCE SERVICE -Total $55.60
Total $22,885.56
INCOG -E911 E911 ADMIN SVC FEES $7,805.08
4
Claims List - 611/2021
Fund Vendor Name
Payable Description
Payment
$91,008.11
Amount
21 E -911 E911 COMMUNICATIONS -Total
$199.30
$7,805.08
E -911 -Total
ANCHOR STONE -ROCK
$7,805.08
25 HOTELTAX AEP IPSO
ELECTRIC USE
$20.73
JPMORGAN CHASE BANK
GIRT SOUTHERN -WEB HOST
$750.00
HOTEL TAX ECON DEV -Total
$10.00
$770.73
JPMORGAN CHASE BANK
SCOREBOARD - SHIRTS
$600.00
OSNIGRANTS -Total
JPMORGAN CHASE BANK
$600.00
HOTELTAX -Total $1,370.73
27 STORMWATER MANAGEMENT FREESE AND NICHOLS INC ENGINEERING SERVICES $8,096.86
COUNTRY ESTATES ANALYSIS -Total $8,096.86
CHEROKEE BUILDERS INC CONSTRUCTION SERVICES $91,008.11
AGR
5
SPORTS PRK DETENTION POND - Total
$91,008.11
AEP /PSO
ELECTRIC USE
$199.30
JPMORGAN CHASE BANK
ANCHOR STONE -ROCK
$1,049.02
JPMORGAN CHASE BANK
BROWN CO -PARTS
$49.00
JPMORGAN CHASE BANK
BROWN FARMS -PINS
$10.00
JPMORGAN CHASE BANK
BROWN FARMS -SOD
$97.10
JPMORGAN CHASE BANK
EQUIP ONE - RENTAL
$50.00
JPMORGAN CHASE BANK
LOWES- LUMBER
$173.07
JPMORGAN CHASE BANK
SHELTON- CONCRETE
$2,272.50
JPMORGAN CHASE BANK
TWIN CITIES - CONCRETE
$5,107.00
JPMORGAN CHASE BANK
UNITED RENTALS - RENTAL
$1,246.03
JPMORGAN CHASE BANK
YELLOWHOUSE -HYD PUMP
$4,608.43
UNIFIRST HOLDINGS LP
UNIFORM SERVICE
$17.97
STORMWATER - STORMWATER -Total
$14,879.42
STORMWATER MANAGEMENT
-Total
$113,984.39
34 VISION TAX
DOERNER, SAUNDERS, DANIEL &
LEGAL SERVICES
$513.00
116TH -HWY 169 TO 129 -Total
$513.00
VISION TAX -Total
$513.00
37 SALES TAX FIRE
AEP /PSO
ELECTRIC USE
$4,067.49
JARROD LINTHICUM
TUITION REIMBURSEMENT
$1,176.75
JOHNNY SMITH
TUITION REIMBURSEMENT
$544.65
JOSHUA SOLIS
TUITION REIMBURSEMENT
$392.25
JPMORGAN CHASE BANK
AMAZON -LENS
$224.95
JPMORGAN CHASE BANK
AMERICAN- AIRFARE
$392.80
JPMORGAN CHASE BANK
CONRAD FIRE - REPAIR PA
$1,941.06
JPMORGAN CHASE BANK
CONRAD -PARTS
$3,689.95
JPMORGAN CHASE BANK
CORNERSTONE - SUPPLIES
$21.98
JPMORGAN CHASE BANK
HOME DEPOT - NOZZLE
$14.97
5
Claims List - 6/1/2021
Fund Vendor Name
Payable Description
Payment
Amount
37 SALES TAX FIRE JPMORGAN CHASE BANK
HOME DEPOT -PIPE
$10.59
JPMORGAN CHASE BANK
HOME DEPOT - REPAIR
$80.63
JPMORGAN CHASE BANK
HOME DEPOT - RETURN
($5.10)
JPMORGAN CHASE BANK
HOME DEPOT- SPRAYER
$33.44
JPMORGAN CHASE BANK
LOWES- REPAIRS
$7.93
JPMORGAN CHASE BANK
MEETING EXPENSE
$53.97
JPMORGAN CHASE BANK
MEETING SUPPLIES
$87.34
JPMORGAN CHASE BANK
MINERVA- UNIFORM
$292.20
JPMORGAN CHASE BANK
NORTHERN SFTY- SENSOR
$263.08
JPMORGAN CHASE BANK
OREILLY- REPAIRS
$56.46
JPMORGAN CHASE BANK
OREILLY- SUPPLIES
$13.48
JPMORGAN CHASE BANK
OVERHEAD -DOOR SPRING
$180.00
JPMORGAN CHASE BANK
SAMS- SUPPLIES
$115.56
JPMORGAN CHASE BANK
TRAVEL EXPENSE
$160.88
JPMORGAN CHASE BANK
WASH CO RWD -WATER
$114.05
MARTIN Z HANNA
TINTING
$80.00
SALES TAX FUND -FIRE -Total
$14,011.36
SALES TAX FIRE -Total
$14,011.36
38 SALES TAX POLICE AEP IPSO
ELECTRIC USE
$4,219.29
AT &T MOBILITY
PUBLIC SAFETY WIRELES
$136.17
COLOSSUS, INC.
MOBILECOP ANNUAL FEE
$2,073.94
COPY WORLD BUSINESS SOLUTIONS, LLC
P &E COPIER MAINT
$252.00
JPMORGAN CHASE BANK
711 -FUEL
$23.51
JPMORGAN CHASE BANK
ACADEMY -EQUIP
$39.99
JPMORGAN CHASE BANK
AMAZON- SUPPLIES
$13.78
JPMORGAN CHASE BANK
AMAZON - UNIFORM
$102.75
JPMORGAN CHASE BANK
AMER WASTE- RENTAL
$110.98
JPMORGAN CHASE BANK
ATWOODS- SUPPLIES
$20.97
JPMORGAN CHASE BANK
BROWNELLS- SUPPLIES
$28.63
JPMORGAN CHASE BANK
BUILT RIGHT - UNIFORM
$94.99
JPMORGAN CHASE BANK
FAM ANIMAL MED -K9 MED
$573 -18
JPMORGAN CHASE BANK
FED EX- POSTAGE
$895.73
JPMORGAN CHASE BANK
HOME DEPOT -HOOKS
$24.48
JPMORGAN CHASE BANK
IMPACT GUNS - BLANKS
$119.35
JPMORGAN CHASE BANK
KUM &GO- SUPPLIES
$4.35
JPMORGAN CHASE BANK
L &M -CHAIR
$199.00
JPMORGAN CHASE BANK
LODGING EXPENSE
$470.00
JPMORGAN CHASE BANK
LOVES -FUEL
$32.46
JPMORGAN CHASE BANK
LOVES- REFUND
($106.00)
JPMORGAN CHASE BANK
LOWES- REPAIR
$59.98
JPMORGAN CHASE BANK
LOWES- REPAIR PARTS
$25.46
11
Claims List - 6/1/2021
Fund Vendor Name
Payable Description
Payment
Amount
38 SALES TAX POLICE JPMORGAN CHASE BANK
LOWES- SUPPLIES
$112.78
JPMORGAN CHASE BANK
QUIT BUGGIN -PEST CONT
$75.00
JPMORGAN CHASE BANK
RC KENNELS -SVC
$85.00
JPMORGAN CHASE BANK
ROYAL CANIN- SUPPLIES
$555.39
JPMORGAN CHASE BANK
SAMS - SUPPLIES
$169.18
JPMORGAN CHASE BANK
SAV ON- BUSINESS CARDS
$50.00
JPMORGAN CHASE BANK
SOUTHERN AG- SUPPLIES
$168.80
JPMORGAN CHASE BANK
SPECIAL OPS- UNIFORM
$217.97
JPMORGAN CHASE BANK
SUMNERONE- COPIER LEAS
$106.43
JPMORGAN CHASE BANK
TACTICAL -TOOLS
$296.00
JPMORGAN CHASE BANK
THOMSON -CLEAR ACCESS
$424.55
JPMORGAN CHASE BANK
TRAVEL EXPENSE
$182.97
JPMORGAN CHASE BANK
USPS- POSTAGE
$147.78
LIGHTFIELD LLR CORPORATION
LESS LETHAL MUNITIONS
$690.00
MOTOROLA SOLUTIONS INC
PUBLIC ENGINES ANNUAL FEE
$1,558.80
SOME'S UNIFORMS INC
AWARDS & RECOGNITION
$841.00
SALES TAX FUND- POLICE -Total
$15,096.64
SALES TAX POLICE - Total
$15,096.64
39 SALES TAX STREETS AEP /PSO
ELECTRIC USE
$1,615.30
AEP IPSO
MINGO CRS STREET LIGH
$143.68
JPMORGAN CHASE BANK
AMAZON - BATTERIES
$58.99
JPMORGAN CHASE BANK
CORE &MAIN -BOOTS
$105.00
JPMORGAN CHASE BANK
CORE &MAIN - SUPPLIES
$18.84
JPMORGAN CHASE BANK
CRAFCO- TAMPER
$65.75
JPMORGAN CHASE BANK
FASTENAL- FASTENERS
$269.04
JPMORGAN CHASE BANK
HOME DEPOT -TOOLS
$72.30
JPMORGAN CHASE BANK
INLAND- REPORST
$2,091.14
JPMORGAN CHASE BANK
J &A- MOUNTS
$191.40
JPMORGAN CHASE BANK
LOCKE -LIGHT
$387.40
JPMORGAN CHASE BANK
LOWES- LUMBER
$63.57
JPMORGAN CHASE BANK
LOWES- MATERIAL
$6.36
JPMORGAN CHASE BANK
LOWES- MATERIALS
$58.92
JPMORGAN CHASE BANK
LOWES- SUPPLIES
$8.99
JPMORGAN CHASE BANK
LOWES -VICE
$89.98
JPMORGAN CHASE BANK
MAXWELL- SUPPLIES
$213.55
JPMORGAN CHASE BANK
WELSCO- RENTAL
$46.40
SIGNALTEK INC
MONTHLY MAINT MAY
$1,435.00
SPOK INC.
PAGER USE
$146.90
TULSA COUNTY HIGHWAY
STREET MARKERS & SIGNS
$292.90
CONSTRUCTION
UNIFIRST HOLDINGS LP
UNIFORM SERVICE
$323.28
WASHINGTON CO RURAL WATER
116 LANDSCAPE IRRIG
$100.45
7
Claims List - 6/112021
Fund
Vendor Name
Payable Description
Payment
Amount
39 SALES TAX STREETS
DISTRICT
SALES TAX FUNDSTREETS -Total
$7,805.14
SALES TAX STREETS - Total
$7,805.14
40 CAPITAL IMPROVEMENTS
DOERNER, SAUNDERS, DANIEL &
LEGAL SERVICES FOR 76 STIR
$850.00
JPMORGAN CHASE BANK
CORE &MAIN -PARTS
$1,585.85
JPMORGAN CHASE BANK
EWING- IRRIGATION
$4,693.22
JPMORGAN CHASE BANK
LOWES -PARTS
$140.42
Cl - E 76TH ST WIDENING - Total
$7,269.49
GARVER
ENGINEERING SERVICES - 10
$11,951.02
CIP 1061129 INTERSECT IMP -Total
$11,951.02
DIVERSIFIED CIVIL CONTRACTORS LLC
CONSTRUCTION SERVICES
$150,330.18
CIP 1061145TH INTERSECT -Total
$150,330.18
BH MEDIA HOLDING GROUPS, INC
TULSA WORLD PUBLISHINGS
$71.34
CIP SPORTS PARK DET POND -Total
$71.34
CAPITAL IMPROVEMENTS
-Total
$169,622.03
70 CITY GARAGE
AEPIPSO
ELECTRIC USE
$375.80
JPMORGAN CHASE BANK
AMAZON -PARTS
$208.75
JPMORGAN CHASE BANK
BUMP28UMP -PARTS
$3,256.89
JPMORGAN CHASE BANK
CARPARTSCOM- REFUND
($86.87)
JPMORGAN CHASE BANK
CONRAD -PARTS
$594.99
JPMORGAN CHASE BANK
GRAINGER- SUPPLIES
$112.90
JPMORGAN CHASE BANK
HESSELBEIN -TIRES
$329.44
JPMORGAN CHASE BANK
JIM GLOVER -PARTS
$1,889.40
JPMORGAN CHASE BANK
JIM NORTON -PARTS
$616.29
JPMORGAN CHASE BANK
LENOX- TOWING
$960.00
JPMORGAN CHASE BANK
MATTHEWS- REPAIR
$4,430.55
JPMORGAN CHASE BANK
UNITED FORD -PARTS
$483.40
JPMORGAN CHASE BANK
UNITED FORD -PARTS FOR
$177.15
JPMORGAN CHASE BANK
VEH SAFETY -PARTS
$223.32
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
$69.72
CITY GARAGE -Total
$13,641.73
CITY GARAGE -Total
$13,641.73
76 WORKERS' COMP SELF -INS
CITY OF OWASSO IMPREST ACCOUNT
WORKERS' COMP CLAIMS
$3,764.74
WORKERS' COMP SELF -INS -Total
$3,764.74
WORKERS' COMP SELF -INS
-Total
$3,764.74
77 GENERAL LIABILITY - PROPERT HALL, ESTILL, HARDWICK, GABLE,
LEGAL SERVICES TAYLEUR RA
$610.40
GEN LIAB -PROP SELF INS -Total
$610.40
GENERAL LIABILITY - PROPERT - Total
$610.40
City Grand Total
$464,651.68
1.1
TO: The Honorable Mayor and City Council
FROM: Linda Jones, Finance Director
SUBJECT: FY 2021 -2022 Budget Public Hearing
DATE: May 28, 2021
BACKGROUND:
The Municipal Budget Act establishes definitions and other requirements for budgetary
accounting. Among the requirements is a public hearing by the governing body of the
proposed budget. The hearing is to be conducted no later than fifteen days before the end of
the fiscal year. Notice of the hearing with the proposed Budget Summary must be published five
days before the hearing. The attached notice was published in the Owasso Reporter on
Wednesday, May 19, 2021.
The public hearing provides an opportunity for comments or questions about the proposed
budget from the public and the City Council. The proposed budget will be on the June 8, 2021,
Worksession agenda for discussion. A resolution approving the FY 2021 -2022 budget will be on
the June 15, 2021, City Council agenda for consideration and appropriate action.
ATTACHMENT.
Notice of Public Hearing
703%2
Published in the Owasso Reporter, Owasso, Tulsa Coun-
ty, Oklahoma, May 19 & 26, 2021
NOTICE OF PUBLIC HEARING
Owasso City Council will hold a public hearing on the pro-
posed FY 2022 budget during the City Council meeting at 6:30
Pin on June 01, 2021 in the Council Chambers at Old Central,
109 N. Birch. The proposed budget is available for inspection
at City Hall , the Owasso Community Center and
www.cityofowasso.com.
City of Owosso - Proposed Bud of Summary
Fiscal Year 2021 -2022
Revenue by Fund & Source
General Fund:
Licenses & Permits
Intergovernmental
Charges & Fees
Fines & Forfeitures
Other
Interfuntl Transfers in
Half -Penny Sales Tax Fund:
Taxes
Other
Ambulance Service Fund:
Charges & Fees
Other
Ambulance Capital Fund:
Charges & Fees
Other
E -911 Fund:
Charges & Fees
Other
Cemetery Care Fund:
Charges & Fee
Other
Emergency Siren Fund:
Licenses & Permits
Other
Juvenile Court Fund:
Fines & Forfeitures
Other
Hotel Tax Fund:
Taxes
Other
Stormwater Management Fund:
Charges & Fees
Other
Tax Incremental Financing:
Taxes
Other
Vision Recapture Tax fund:
Taxes
Other
Interfuntl Transfer in
Park Development Fund:
Licenses & Permits
Other
Capital Improvement Grants Fund:
I ntergovernmental
Fund:
In
Total Revenues
532,789,701
256,639
4,381,350
743,162
219,100
145,084
18,322,425
4,628,395
59,913
1,827,501
181,551
332,053
1,460
323,163
1,820
800
30
1,557
174
2,246
86
381,575
6,800
1,580,954
14,830
380,981
30
5,091,235
44,000
2,100,000
35,328
150,000
1,186,902
5,886,647
626,613
8,080,455
49,888
150,000
50,000
Expenditure by Fund & Department
General Finn
d
Fund
18,202
1,299,851
2,021,420
1,550,598
9,409,318
2,114,480
534,360
302,800
1,850
0,000
0,000
153,402
190,217
1,719,934
55,000
150,000
7,075,928
662,161-
36826,000
985
6 4230
663,- 1253,42
Interfund Transfers Out:
General Fund Transfer to OPWA
27,633,637
General Fund Transfer to Capital
1,800,000
Improvements Fund
General Fund Transfer to OPGA
1,040,000
General Fund Transfer to OPWA- Grant
31000,000
General Fund Transfer to Other Funds
100,000
TI F Transfer to OPWA
381,011
Sinking Fund Transfer to Self -Insurance Fund 501000
Total Expenses 597.29p,p75
TO: The Honorable Mayor and City Council
FROM: Daniel Dearing
Assistant City Engineer
SUBJECT: Recommendation for Contract Award - North 1371h East Avenue Extension
DATE: May 28, 2021
BACKGROUND:
In April 2021, the City Council approved a funding agreement between the City of Owasso and
Thiessen North Investment Group, LLC, detailing a public /private partnership for the construction
of the North 137th East Avenue Service Road Extension Project. The proposed extension will start
at Highway 20 and end at East 1181h Street North on the east side of US Highway 169. The service
road extension would include traffic signal improvements at the intersection of Highway 20 and
North 137th East Avenue, stormwater improvements, grading, roadway base installation, curb
and gutter, asphalt paving, and a section of concrete pavement and will provide access to
commercial property in the planning stage of development and other future development
along a portion of the US Highway 169 corridor.
The agreement arranges for the City to upfront the cost of the overall project with Thiessen North
Investment Group, LLC, agreeing to reimburse the City 50% of the project cost. Tulsa County
would be utilized to install the asphalt for a cost savings by eliminating the labor costs of asphalt
installation in the overall project. The service road extension was estimated to cost $747,000.00,
excluding the labor to install the asphalt paving.
Engineering design was provided by Khoury Engineering and funded by Thiessen North
Investment Group, LLC. Construction plans were completed in April of 2021 to include
stormwater improvements, grading, roadway base installation, curb and gutter, asphalt paving
and a section of concrete pavement. The project does not include the cost of asphalt material
to be purchased by the City and installed by Tulsa County. Khoury Engineering conservatively
estimated the project higher than previously anticipated at $1,175,793.50 due to fluctuations in
the construction industry, however bid prices came in around the original anticipated costs.
SOLICITATION OF BIDS:
In April 2021, Khoury Engineering and City Engineering staff completed final plans and bid
documents and published advertisements in accordance with state statutes on April 23, and 30.
A voluntary pre -bid meeting was held on May 11, and bids were opened on May 20, with a total
of four (4) contractors submitting bids.
City Engineering staff completed a Bid Tabulation, showing the bid amounts and engineering
estimate:
Paragon Contractors, LLC
$775,991.30
Crossland Heavy Contractors
$921,000.00
Tri -Star Construction, LLC
1,041,500.00
Grade Line Construction, LLC
1,162,599.25
Engineering Estimate (Khoury Engineering)
1,175,793.50
N 137th E Ave Extension Bid Award
Page 2
Paragon Contractors, LLC, provided the lowest bid in the amount of $775,991.30. This amount is
below the engineering estimate, but above the Thiessen agreement amount by $28,991.30.
Although the bid exceeds the estimate in the agreement, a project contingency of $105,000.00
has been included, should the final project cost require additional scope of work.
A future purchase of asphalt will be required once the project reaches a stage that asphalt
installation can be completed by Tulsa County.
FUNDING:
Funding is available in the Capital Improvements Fund. In addition, Thiessen North Investment
Group, LLC, will contribute 50% of the total cost of the roadway construction project.
RECOMMENDATION:
Staff recommends awarding the construction contract to Paragon Contractors, LLC, of Tulsa,
Oklahoma, in the amount of $775,991.30, and authorization to execute all necessary
documents.
ATTACHMENTS:
Site Map
Contract Documents
North 137th East Avenue Service Road Extension
1" = 399
Sub Titie
03/26/2021
SECTION 00300
AGREEMENT
THIS AGREEMENT is dated as of the I" day of June, 2021, by and between City of Owasso
(hereinafter called OWNER) and Paragon Contractors. LLC (hereinafter called
CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants
hereinafter set forth, agree as follows:
ARTICLE 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.
The Work is generally described as follows:
North 13711 East Avenue Extension
CITY OF OWASSO, OKLAHOMA
The project for which the Work under the contract documents may be the whole or only a part, is
described as follows:
Approximately 300 feet of new concrete roadway and 1000 feet of roadway base for an asphalt
roadway (asphalt installed by others) along with storm drainage and traffic signal modifications.
ARTICLE 2. ENGINEER
The project has been assigned to the Project Manager or his/her duly authorized representative,
who is hereinafter called ENGINEER and who will assume all duties and responsibilities and
will have the rights and authority assigned to ENGINEER in the Contract Documents in
connection with the completion of the Work in accordance with the Contract Documents.
ARTICLE 3. CONTRACT TIME
3.1 The Work will be substantially completed within One Hundred and Five (105)
calendar days from the date of Notice to Proceed; and completed and ready for final payment in
accordance with the General Conditions within One Hundred and Sixty Five (165) calendar days,
or Thirty (30) calendar days after asphalt by others is installed, whichever is later, from the date
of Notice to Proceed, which will be on or before ,
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
substantially complete within the time specified in paragraph 3.1 above, plus any extensions
thereof allowed in accordance with the General Conditions. They also recognize the delays,
expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss
suffered by OWNER, if the Work is any such proof. OWNER and CONTRACTOR agree that
as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Five
hundred Dollars ($500.00) for each consecutive calendar day that expires after the time specified
in paragraph 3.1 for substantial completion until the Work is substantially complete. After
Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the
remaining Work within the time specified in paragraph 3.1 for completion and readiness for final
payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay
OWNER Five Hundred Dollars ($500.00) for each consecutive calendar day that expires after
the time specified in paragraph 3.1 for completion and readiness for final payment.
ARTICLE 4. CONTRACT PRICE
4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with
the Contract Documents in current funds the amount agreed upon in CONTRACTOR'S bid.
4.2 CONTRACTOR understands that the estimated quantities are not guaranteed and that
the determination of actual quantities and their classification is to be made by the OWNER at the
time of application for payment.
4.3 CONTRACT AMOUNT: Contract amount is, Seven Hundred Seventy -Five
Thousand, Nine Hundred Ninety -One Dollars and 30/100. ($775.991.30).
ARTICLE 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with the General
Conditions on the Pay Estimate Forms included as Exhibit "A" to this Agreement. Applications
for Payment will be processed by OWNER as provided in the General Conditions.
5.1 Progress Payments. OWNER shall make progress payments on account of the
Contract Price on the basis of CONTRACTOR's Applications for Payment in accordance with
the City of Owasso's Payment Schedule included as Exhibit "B" to this Agreement during
construction as provided below. All progress payments will be on the basis of the progress of the
Work.
5.1.1 Progress payments shall not exceed an amount equal to 95% of the WORK
completed until such time as CONTRACTOR shall complete in excess of fifty percent (50 0/0) of
the contract amount.
5.1.2 Upon completion in excess of fifty percent (50 %) of the total contract amount,
OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 97.5%
of the Contract Price, less such amounts as OWNER shall determine in accordance with the
General Conditions, provided that OWNER has determined that satisfactory progress is being
made, and upon approval by the Surety.
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance
with the General Conditions, OWNER shall pay the Contract Price.
ARTICLE 6. CONTRACTOR'S REPRESENTATIONS
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following
representations:
6.1 CONTRACTOR has familiarized himself /herself with the nature and extent of
Contract Documents, Work, locality, and with all local conditions and federal, state and local
laws, ordinances, rules and regulations that in any manner may affect cost, progress or
performance of the Work.
6.2 CONTRACTOR has studied carefully all reports or explorations and tests of
subsurface conditions at or contiguous to the site and all drawings of physical conditions in or
relating to existing surface or subsurface structures at or contiguous to the site (except
underground facilities) which have been identified in the Supplementary Conditions as provided
in the General Conditions. Contractor accepts the determination set forth in the General
Conditions of the extent of the "technical data" contained in such reports and drawings upon
which Contractor is entitled to rely. Contractor acknowledges that such reports and drawings are
not Contract Documents and may not be complete for Contractor's purposes. Contractor
acknowledges that Owner and Engineer do not assume responsibility for the accuracy or
completeness of information and data shown or indicated in the Contract Documents with
respect to underground facilities at or continuous to the site. Contractor has obtained and
carefully studied (or assume responsibility for having done so) all such additional supplementary
examinations, investigations, explorations, tests, studies and data concerning conditions (surface,
subsurface and underground facilities) at or contiguous to the site or otherwise which may affect
cost, progress, performance or furnishing of the Work or which relate to any aspect of the means,
methods, techniques, sequences and procedures of construction to be employed by Contractor,
and safety precautions and programs incident thereto. Contractor does not consider that any
additional examinations, investigations, explorations, tests, studies, or data are necessary for the
performance and furnishing of the Work at the Contract Price, within the Contract Times and in
accordance with the other terns and conditions of the Contract Documents.
6.3 CONTRACTOR has made or caused to be made examinations, investigations, tests
and studies of such reports and related data in addition to those referred to in paragraph 6.2 as
(s)he deems necessary for the performance of the Work at the Contract price, within the Contract
Time and in accordance with the other terms and conditions of the Contract Documents; and no
additional examinations, investigations, tests, reports or similar data are or will be required by
CONTRACTOR for such purposes.
6.4 CONTRACTOR has reviewed and checked all information and data shown or
indicated on the Contract Documents with respect to existing Underground Facilities at or
contiguous to the site and assumes responsibility for the accurate location of said Underground
Facilities. No additional examinations, investigations, explorations, tests, reports, studies or
similar information or data in respect of said Underground Facilities are or will be required by
7.12 Maintenance Bond (Section 00420).
7.13 Statutory payment Bond (Section 00430).
7.14 Notice of Award (Section 00510).
7.15 Notice to Proceed (Section 00520).
7.16 Change Order (Section 00600).
7.17 General Conditions (Section 00700).
7.18 Project Specifications (Section 00800).
7.19 Special Provisions (Section 00900).
7.20 Project Drawings, consisting of Sheets 1 to 20, inclusive, and Standard Drawings.
7.21 Addendum Numbers I to 1, inclusive.
7.22 Documentation submitted by CONTRACTOR prior to Notice of Award (pages 1 to 1
inclusive).
7.23 Any Modification, including Change Orders, duly delivered after execution of
Agreement.
There are no Contract Documents other than those listed above in this Article 7. The Contract
Documents may only be altered, amended or repealed by a Modification (as defined in the
General Conditions).
ARTICLE 8. MISCELLANEOUS
8.1 Terms used in this Agreement which are defined in the General Conditions shall have
the meanings indicated in the General Conditions.
8.2 No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the party
sought to be bound; and specifically, but without limitation, monies that may become due and
monies that are due may not be assigned without such consent (except to the extent that the
effect of this restriction may be limited by law) and unless specifically stated to the contrary in
any written consent to an assignment, no assignment will release or discharge the assignor from
any duty or responsibility under the Contract Documents.
8.3 OWNER and CONTRACTOR each binds himself /herself, his /her partners,
successors, assigns, and legal representatives to the other party hereto, his /her partners,
CONTRACTOR in order to perform and furnish the Work at the Contract Price within the
Contract Time and in accordance with the other terms and conditions of the Contract Documents,
including the General Conditions.
6.5 CONTRACTOR has correlated the results of all such observations, examinations,
investigations, tests, reports and data with the terns and conditions of the Contract Documents.
6.6 CONTRACTOR has given OWNER written notice of all conflicts, errors or
discrepancies that he has discovered in the Contract Documents, and the written resolution
thereof by OWNER is acceptable to CONTRACTOR.
6.7 CONTRACTOR has obligated himself /herself to the OWNER to be responsible for
the workmanship, labor and materials used in the project for one (1) year after the project has
been accepted by the OWNER.
6.8 CONTRACTOR understands that (s)he will be exempt from all sales tax on materials
and other items necessary for the completion of the project. The OWNER has issued him a
Certification of Tax Exempt Project enclosed as Exhibit "C" of this Agreement.
ARTICLE 7. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR are attached to this Agreement, made a part hereof, and consist of the
following:
7.1 This Agreement (pages I to 6 inclusive).
7.2 Exhibits "A ", "B ", "C" and "D" to this Agreement.
7.3 Advertisement for Bids (Section 00100).
7.4 Requirements for Bidders (Section 00110).
7.5 Instructions to Bidders (Section 00120).
7.6 Bid (Section 00200).
7.7 Bid Bond (Section 00210).
7.8 Bid Affidavits (Section 00220).
7.9 Statement of Bidders Qualifications (Section 00230).
7.10 Certificate ofNon- Discrimination (Section 00240).
7.11 Performance Bond (Section 00410).
successors, assigns and legal representatives in respect to all covenants, agreements and
obligations contained in the Contract Documents.
8.3 The Agreement (or remaining portions thereof) should continue in effect, be valid and
binding upon both parties even if a provision or part of the Contract Documents should be held
void or unenforceable by law.
IN WITNESS WHEREOF, the parties hereby have signed this Agreement in duplicate.
One counterpart has been delivered to CONTRACTOR, the other belongs to OWNER. All
portions of the Contract Documents have been signed by OWNER and CONTRACTOR.
This Agreement will be effective on June 1st, 2021.
OWNER:
By
Bill Bush, Mayor
(SEAL)
Juliann M. Stevens, City Clerk
Title
Address for giving notices:
302 West 2nd Street
Owasso, OK 74055
CONTRACTOR:
(SEAL)
Title
TO: The Honorable Mayor and City Council
FROM: Michele Dempster
Human Resources Director
SUBJECT: Fraternal Order of Police (FOP) Contract for FY 2021 -2022
DATE: May 28, 2021
The Fraternal Order of Police Lodge #149 (FOP) and the City have been meeting to negotiate a
contract for fiscal year 2021 -2022, and have reached a tentative agreement. The proposed
contract has been approval by the Lodge.
PROPOSED CONTRACT:
The proposed contract is for a one -year term and provides for a 1.5% across- the -board increase
and an adjustment to pay plan steps to a consistent 4% between steps. Also included is an
increase in detective on -call pay from $26 per day to two hours of overtime or comp time for on-
call compensation.
The increase in costs is $447,552
In addition, the proposed contract includes language clarifications and procedural modifications
agreed to by the City and the FOP, as well as the following non - monetary changes:
• Increase in number of years required for Sergeants to test as Lieutenant;
• Converting monthly vacation and sick accrual to bi- weekly;
• Increase annual distribution of ammunition from 50 rounds to 100 rounds.
RECOMMENDATION:
Staff recommends approval of the FY 2021 -2022 contract between the City of Owasso and the
Fraternal Order of Police, Lodge # 149, and authorization to execute all necessary documents.
ATTACHMENT:
Recommended FOP Contract with Strikeouts
AGREEMENT BETWEEN
THE CITY OF OWASSO, OKLAHOMA
A MUNICIPAL CORPORATION
FRATERNAL ORDER OF POLICE
LODGE NO. 149
July 1 2020 june 30 2021
July 1, 2021 June 30, 2022
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
Article 6
Prevailing Rights 8
Article 7
Management Rights and Responsibilities 9
Article 8
Bargaining Units Rights and Security 11
Article 9
Prohibition of Strikes 12
Article 10
Successors and Assigns 13
Article 11
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
Article 26
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
Article 33
Compensation 50
Article 34
Drug and Alcohol Testing 53
Article35
Wellness Program 54
Article 36
Shift Dif ferential 56
SignaturePage 57
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.
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, 24N 2421 and
shall remain in full force and effect until midnight, June 30, 2247 2022.
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.
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 ''^'z 2022 -2023
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 thatjust cause shall be the standard for any discipline, suspension or
termination;
E. To determine the organizational chart of the Police Department, including the right to
organize and reorganize the Police Department and the determination of job
classifications and ranks based upon duties assigned;
F. To determine the safety, health and property protection of the Police Department;
G. To allocate and assign work to all Employees within the Police Department;
H. To be the sole judge of qualifications of applicants and training of new Employees;
I. To schedule the operations and to determine the number and duration of hours of
assigned duty per week;
J. To establish and enforce Police Department rules, regulations and orders;
ARTICLE 7
MANAGEMENT RIGHTS AND RESPONSIBILITIES
(continued)
K. To introduce new, improved, or different methods and techniques of Police
Department operation or change existing methods and techniques;
L. To determine the amount of supervision necessary;
M. To control the departmental budget;
N. To take whatever actions may be necessary to carry out the mission of the Employer in
situations of emergency.
10
ARTICLE 8
BARGAINING UNIT 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.
11
ARTICLE 9
PROHIBITION OF STRIKES
Section 1. The Lodge and the Employer are well aware of the public policy and the necessity
that there shall be no strikes or other action which would tend to disrupt the provision of those
services traditional to Employer's business; in that the public policy of the State of Oklahoma has
been expressly stated by the Oklahoma Legislature and codified as Title 11 O.S. Section 51 -111,
as amended that statutory provision is deemed to provide the spirit and intent under which the
following sections of this article are provided and the parties hereto are bound.
Section 2. Neither the Lodge, nor any of its officers, agents, or employees, or any of the
employees for which it bargains, shall in any manner coerce, intimidate, instigate, induce,
sanction, suggest, conspire with, promote, support, engage in, condone, or encourage any person
to participate in any strike, work stoppage or slowdown. The Lodge shall not aid or assist any
persons or parties engaging in the above prohibited conduct, nor shall the Lodge provide funds,
financial and other assistance for the conduct or direction of such activities for the payment of
strike, unemployment, or other benefits to those persons participating in such prohibited conduct
and activities; provided, however, that the Lodge may provide legal representation for itself or
persons accused of such activities, or for any purpose it may deem necessary.
Section 3. Upon notification confirmed in writing, by the Employer to the Lodge that certain
of its members are engaging in a strike, the Lodge shall immediately, in writing, order such
members to return to work at once and provide the Employer with a copy of such an order and
responsible officials of the Lodge shall publicly order them to return to work. Such
characterization of strike by the Employer shall not establish the existence of a strike.
Such notification by the Lodge shall not constitute an admission by it that a strike is in progress
or has taken place or that any particular member is or has engaged in a strike. The notification
shall be made solely on the representation of the Employer.
In the event that a strike occurs, the Lodge agrees to take all reasonable effective and affirmative
action to secure the members return to work as promptly as possible. The Lodge shall not be in
breech of this agreement where the acts or actions hereinbefore enumerated are not caused or
authorized by the Lodge.
12
ARTICLE 10
SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the successors and assigns of the parties hereto during the
term of this Agreement; and no provisions, terns 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) business 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) eat business 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 business 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) ealende, business 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 business days of the Chief's reply.
IG
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) ealendar business
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) ealexdar business 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 aboard of three (3) arbitrators in
lieu of one (1) arbitrator. The Employer shall be responsible for the increase
in cost associated with a three (3) arbitrator panel.
i. The parties shall jointly request a panel of fifteen (15) for aboard of
three (3) arbitrators.
ii. The parties shall jointly request a panel of nine (9) arbitrators for one (1)
panel arbitrator.
b) Arbitrators must have NAA affiliation (National Academy of Arbitrators).
c) The Employer and the Lodge each may exercise the option to request a new
panel once per arbitration selection process.
2. Within ten (10) ealendar business 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.
3. Upon notification of the Federal Mediation and Conciliation Service of the
selection of the arbitrator(s) and the arbitrator(s) is /are contacted, the date for the
arbitration hearing shall be requested to be set subject to the earliest availability
of the selected arbitrator(s).
4. The arbitrator shall be requested to issue a written opinion, or panel of arbitrators
shall be requested to issue a majority consensus opinion, containing findings and
recommendations with respect to the issues presented, within twenty (20)
ealendar business days after the conclusion of the hearing. A copy of the opinion
shall be mailed or delivered to the Lodge and Employer.
5. With respect to the interpretation, enforcement, or application of the provisions of
this Agreement, the decision, findings, and recommendations of the arbitrator(s)
shall be final and binding on the parties of this Agreement.
17
ARTICLE 13
GRIEVANCE PROCEDURE
(continued)
6. The arbitrator(s)' authority shall be limited to the interpretation and application of
the terms of this Agreement and /or any supplement thereto. The arbitrator(s)
shall have no jurisdiction to establish provisions of a new Agreement or variation
of the present Agreement or to arbitrate away, in whole or in part, any provision
or amendments thereof. This shall not preclude individual wage grievances.
The cost of the impartial arbitrator shall be shared equally between the Lodge and
the Employer. If a transcript of the proceedings is requested, the party so
requesting shall pay for it.
Section 5. Any controversy between the Employer and the Lodge or any employee concerning
the interpretation, enforcement or application of any provisions of this Agreement, that resulted
in a documented verbal counseling or a written reprimand shall be adjusted in the following
manner:
A. The grievance shall be discussed by the employee with the Chief or the Chief of Police's
alternate. Said employee's Lodge President, or his alternate, shall be present at said
discussion. The answer shall be orally submitted by the Chief or his designated
representative, within twenty (20) ealendar business 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) ealendar business 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) ealendar business 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) sslendar business
days. If the City Manager and the Lodge President or designate have not settled the
grievance within that time, it may then be submitted to arbitration through a written
review by an impartial arbitrator.
18
ARTICLE 13
GRIEVANCE PROCEDURE
(continued)
1. The parties shall jointly request a panel of nine (9) arbitrators from the Federal
Mediation and Conciliation Service within ten (10) ealendar business days.
Arbitrators must have NAA affiliation (National Academy of
Arbitrators).
2. Within ten (10) ealeiidae business 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)
ealeisde business 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.
1. Written reprimands and notice of Documented Verbal Counseling with no
recurrence after eighteen (18) months from date of discipline may be sealed.
2. Suspensions, without recurrence, after three (3) years from date of discipline
may be sealed.
3. Upon approval of a request to seal or remove disciplinary actions from an
employees' master personnel file, departmental internal investigation files
shall be expunged contemporaneously with such request and approval.
Disciplinary actions, including sealed files with no recurrence, are eligible for removal, at
the request of the employee after eight (8) years. In order to be eligible for removal the
employee must authorize the City to view all sealed files to determine if a recurrence has
occurred. Employees may request that disciplinary action, including sealed files, with no
recurrence, be removed prior to eight (8) years if mutually agreed upon by the employee
and city.
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 tort claim or pending
litigation, except in concurrence with the sealing or expungement of criminal charges by
a court of competent jurisdiction, or except in the event of complete exoneration of the
employee by the court.
E. The sealed action shall not be held to discriminate against the employee in any
subsequent disciplinary action, or in the event of impending promotion, merit step raise,
transfer, special requests, modification of duty, vacation selection, application for other
employment, or against any other action the employee may take for his personal
improvement or betterment.
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 Rt the digsretian sfthe Chiec,.cn.ilie... he may deem
it neeessai5, to the e......leyee's welfare to do qn; 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 determinatien conclusion of the investigation.
Sl.. uldi an (CFA...°.. be .Jisei «I:'« «,I by suspension, , emet:..« dismissal, tread ..
e e
reassignment arising f+em an investigation, he shall be netified inwriting as to the aetien
being taken and tl.° _eagg «° theFeF fe Adjudication will commence not more than 20
business days from the conclusion of the investigation. Notification of the
conclusion of the investigation shall be Provided by the investigating person to both
the Chief of Police and the Lodge President within 24 hours of conclusion. If an
Officer is under multiple investigations, arising from the same complaint, the 20
business days will commence at the conclusion of the final investigation. The 20 -day
time period may be extended by mutual consent.
23
ARTICLE 15
OFFICER BILL OF RIGHTS
(continued)
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.
E. Any and all questions shall be narrowly focused on the subject of the complaint.
Questions shall be relevant and pertinent to the original complaint. If any additional
violations surface, the investigator shall consult with the Chief of Police prior to
investigating the newly uncovered violation. The Officer being investigated /
interviewed shall be informed in writing at that time that the investigation is being
expanded to include the additional violations.
F. Disputes, disagreements, or grievances resulting from any lack of clarity in language,
shall be resolved through the grievance process.
G. Officers are afforded any and all rights, protections, and guaranties, granted to any
employee by the Constitution of the United States, State of Oklahoma, and including any
and all Federal, State, and Municipal laws, and ordinances.
24
ARTICLE 16
SAFETY AND HEALTH COMMITTEE
Section 1. The Employer and the Lodge agree to cooperate to the fullest extent in the
promotion of safety and health, on the Employer's premises and while carrying out this mission
of the Employer and the duties of the employees. For this purpose, it is agreed to establish a
safety and health committee to consist of two (2) members appointed by the Lodge, two (2)
members appointed by the Chief of Police and one (1) member mutually agreed upon by the
appointed members.
Section 2. The Safety and Health Committee shall have the authority to conduct on -site
inspections of equipment, buildings and other related areas to the occupational environment of
the bargaining units. They shall also have the latitude to make studies of safety equipment and
practices and to conduct investigations into health hazards that may be appropriate to protect the
Employer's interest as it may relate to Worker's Compensation or other liability inherent to
occupational diseases and injury and to protect the member's rights to a safe employment
environment. At the discretion of the Chief of Police and the availability of manpower, members
of the committee shall be excused from duty for the work of the committee.
Section 3. The Employer agrees to make every effort to correct safety hazards or unsafe
working conditions as recommended by the Safety Committee.
25
ARTICLE 17
HONOR GUARD
An Honor Guard consisting of ten (10) Officers shall be selected by the Lodge. The composite of
the Honor Guard shall be subject to approval of the Chief of Police. All necessary attire and
equipment shall be furnished by the City. The function of the Honor Guard shall be to serve at
official gatherings, such as the arrival of Dignitaries, Police Officer Funerals, State Memorial
Service and any other special events as approved by the Chief of Police. Members of the Honor
Guard may be allowed time off with pay for each event, subject to approval of the Chief of
Police. Honor Guard vacancies may stay vacant up to twelve (12) months depending upon
budget. An officer shall not voluntarily resign from the Honor Guard within three years of
appointment to the Honor Guard.
26
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 G. This service shall be provided at no expense to the Lodge or its members.
27
ARTICLE 19
CLASSIFICATIONS & PROMOTIONS
Section 1. Classification and Promotions Process within the Owasso Police Department shall
be as follows:
A. Classifications
1. Senior Patrolman: Must be a certified police officer with at least five (5) years
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
1. Sergeant: Must be a certified police officer with at least five (5) years of
experience as a police officer with the City of Owasso immediately prior to
testing.
2. Lieutenant: Must be a Sergeant with at least one- (l*two () years of experience
in the rank with the GaOwasso Police Department immediately prior to
testing.
3. Captain: Must have at least seven (7) years of supervisory experience with the
City of Owasso Police Department 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% Chief's 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 (1) year from the date the
Assessment Process and Chiefs 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
Maximum
Employment
Vacation Leave
Method of Accumulation
Accumulation
1 - 4
96 hours
3.70 hours /pay period
260 hours
5 - 9
120 hours
10 haurs
4.62 hours /pay period
296 hours
10-14
144 hours
I ^
5.54 hours /pay period
356 hours
15-19
168 hours
! ^&
6.47 hours /pay period
404 hours
20-24
192 hours
16 heurs/men
7.39 hours /pay period
452 hours
25 and over
216 hours
' °fit
8.31 hours /pay period
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. 8n duty
supervisors Emergency Dispatch 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 supen,isee
Emergency Dispatch of absence.
Section 2. Accrual of Sick Leave. Each member of the bargaining unit shall accrue sick
leave at the rate of ..:.... ...... on 1/4 fer eaeh eaEnplete month ,.c..,.... iee 4.27
hours each pay period. Each employee of the bargaining unit shall be allowed to accumulate a
maximum of 1105 hours of sick leave.
Section 3. Doctor's Certificate. If an employee is ill for three (3) consecutive days, the
employee shall, upon request and at the City's expense, furnish a doctor's certificate as a
condition precedent to being granted sick leave_ The certificate shall certify that the employee
was unable to work due to illness or injury to self or immediate family member and verify the
employee's fitness for return to work. The doctor must be an in- network doctor based on the
current health plan.
Section 4. Misuse of Sick Leave. Any employee who misuses the sick leave privilege may
be dismissed as well as be denied pay for the day.
Section 5. Pregnancy. Pregnancy shall be treated as any other condition in regard to sick
time. However, for an employee engaged in hazardous or emergency services, a doctor's
certificate shall be required after the sixth month and each month thereafter for the duration of
the pregnancy, stating the employee's ability to continue her regular duties without limiting her
performance.
Section 6. Emergency Leave. In the event of death, serious injury, serious or contagious
illness in an employee's immediate family, the employee shall be granted emergency leave. This
emergency leave shall be a leave with pay, but shall be charged to either sick leave, vacation
leave, or compensatory time at the discretion of the employee.
Section 7. Immediate family as utilized in the sick leave and emergency leave provisions
above stated shall be understood to mean husband or wife, father or mother of employee or
spouse, sister or brother of employee or spouse, grandparents of employee or spouse, children or
legally adopted children of husband or wife or both, and foster children placed in the home
through DHS. 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
(15 %) of their accrued sick leave calculated at the employee's rate of pay at the time of
disbursement. An employee may instead convert fifteen percent (15 %) of their accrued sick
leave to terminal leave. In order to be eligible for this benefit the employee must provide the
City sufficient notice of pending retirement and election option. Said notice to be not less than
ninety (90) days prior to expected date of retirement.
Section 9. In the event of the death of the employee, said employee's beneficiary shall
receive payment equal to one hundred percent (100 %) of the employee's accrued sick leave.
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 (85y2).
Section 2. The Patrol Division of the Owasso Police Department will be organized into two
squads and each squad into two shifts to work scheduled hours each work period as follows:
Squad One / Shift One (Day Shift)
Week 1: Scheduled Work Hours 0700 to 1900 Sunday, Monday, Tuesday, Wednesday
Scheduled Days Off Thursday, Friday, Saturday
Week 2: Scheduled Work Hours 0700 to 1900 Sunday, Monday, Tuesday
Scheduled Days Off Wednesday, Thursday, Friday, Saturday
Squad One / Shift Two (Night Shift)
Week 1: Scheduled Work Hours 1900 to 0700 Sunday, Monday, Tuesday, Saturday
Scheduled Days Off Wednesday, Thursday, Friday
Week 2: Scheduled Work Hours 1900 to 0700 Sunday, Monday, Tuesday
Scheduled Days Off Wednesday, Thursday, Friday, Saturday
Squad Two / Shift One (Day Shift)
Week 1: Scheduled Work Hours 0700 to 1900 Thursday, Friday, Saturday
Scheduled Days Off Sunday, Monday, Tuesday, Wednesday
Week 2: Scheduled Work Hours 0700 to 1900 Wednesday, Thursday, Friday, Saturday
Scheduled Days Off Sunday, Monday, Tuesday
Squad Two / Shift Two (Night Shift)
Week 1: Scheduled Work Hours 1900 to 0700 Wednesday, Thursday, Friday
Scheduled Days Off Sunday, Monday, Tuesday, Saturday
Week 2: Scheduled Work Hours 1900 to 0700 Wednesday, Thursday, Friday, Saturday
Scheduled Days Off Sunday, Monday, Tuesday
Section 3. There shall be one and one half (1.5) hours per fourteen (14) day work period that
may be utilized as briefing time for the Patrol Division. Said briefing time shall be contiguous
with the regular scheduled work hours, as scheduled by the Chief of Police. If the one and one
half (1.5) hours per fourteen (14) day work period is not utilized for shift briefings, it is the
responsibility of each officer to work the one and one half (1.5) hours during the two week work
period contiguous with the regular schedule work hours. The one and one half (1.5) are to be
recorded on the date(s) actually worked.
34
ARTICLE 23
WORK SCHEDULE
(continued)
Section 3. The following exemptions shall apply to the work period criteria provided for in this
article. Under no circumstances are any exemptions, other than those specifically designated in
this section of this article, allowable under this agreement.
A. Employees, upon approval by the Chief of Police, shall be allowed to trade a shift or
partial shift with another employee as provided for by F.L.S.A.
B. Any employee requesting training opportunities may request and be granted, by the Chief
of Police, a change in their regular days off and /or work hours in order to attend such
training opportunities.
C. Detectives may, solely at their request, alter their work hours and/or work days, upon
approval by the Chief of Police, due specifically to case load and/or investigative
necessity. This does not include coverage for absent officers.
D. Trainees, while in Field Training Program, may be required to change shift hours and
days off to accommodate such training schedule.
E. Captains may, solely at their request, alter their work hours and /or work days, upon
approval by the Chief of Police, due to assigned case load or operational demands of the
department as determined by the Chief of Police. This does not include coverage for
absent officers.
F. Members ed to the Street
Unit basis,
eted to alto
/or workdays to meet
approval a ftheir Supervise..
the needs a ftheir investigation
with the
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
Ghierhave the option to remain on their current schedule or can
be assigned to a current day shift at the discretion of the Chief of Police with
minimum of 30 days notice. 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 at one 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
Section 1. As used herein, the term Seniority shall refer to, and be defined as, the continuous
length of service within the Owasso Police Department, or for those employees who hold rank
and /or classification, the continuous length of service within rank and /or classification within the
Owasso Police Department. Seniority for employees with the same hire dates shall be
determined by random selection. Seniority for employees with the same promotion date shall be
determined by the highest promotional score at the completion of testing.
The classification of Senior Patrolman and Master Patrolman have rank parity with
Patrolman, such classifications are an indication of a level of experience with the department and
education as established by the Oklahoma Council on Law Enforcement Education and Training,
not an indication of seniority.
Section 2. Seniority lists shall be established and updated by the lodge as of first day of July
of each fiscal year, and such shall remain unchanged but for circumstances hereinafter set forth.
Section 3. After the effective date of this Agreement, seniority for employees hired or
rehired shall commence on the date of hire or rehire.
Section 4. Except where impractical due to skill levels of employees, or experience of
employees, or where specific working conditions, or assignment to specialty unit(s) exist which
would preclude certain employees from working specific shifts, and considering required
manning levels, seniority will be the dominate factor to be considered by the Chief of Police, or
his /her designated representative, in reaching the following determinations, to -wit:
A. Squad /Shift assignment; provided however that general shift change assignments shall
occur only one (1) time per year, which shall occur on the beginning of the first pay
period of each calendar year.
1. In the event of a mid -year 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 and School Resource 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.
38
ARTICLE 25
RETIREMENT AND PENSION
Section 1. For those Employees who are members of the Oklahoma Police Pension and
Retirement System the Employer shall appropriate funds for the use and benefit of the System,
as provided by Oklahoma Statutes, Title 11, ss 50 -109.
Section 2. The Employer -paid four percent (4 %) of each Employee's required eight percent
(8 %) contribution toward the Oklahoma Police Pension and Retirement System previously
provided for in Article 25 is included in the base pay provided in Article 33 as of the 2013 -2014
contract year.
Wj
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.
1,
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 pFeb Bien., =y peFied of service. 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 J* 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 him
ager july 1,, 2013 a complete issue of new uniforms of and new or like new equipment
unmss 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;
1. one (1) all weatherjacket;
J. inclement weather gear;
K. one (1) box of ammunition as specified in Section 4 of this article;
L. one (1) Air PeFee Rsu ^a hat aepartment issued hat;
M. one (1) expandable baton;
N. one (1) canister of defensive chemical spray;
O. two (2) pairs of collar brass;
A ene{1),A,h stle ehain;
R. two (2) metal name tags;
S. one (1) police equipment bag;
T. two (2) metal report folders;
U. two (2) metal citation folders;
V. all nylon duty gear;
41
ARTICLE 27
UNIFORM AND EQUIPMENT
(continued)
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 €i%, (59) one - hundred (100)
rounds of Employer- approved hand -gun ammunition, same to be utilized only in the course of
duty. Those employees who have qualified annually with department issued or department
approved shotguns, such employees shall receive ten (10) rounds shot -gun shells consisting of
five (5) rounds #00 buckshot and five (5) rifled slugs. To those employees who have qualified
annually with department issued or department approved rifles, such employees shall receive
fifty (50) rounds of ammunition. The Employer- approved duty ammunition shall be issued once
a year to each employee, on or before December 15th.
Section 5. The Employer shall provide each member of the bargaining unit a bullet - resistant
vest of a design approved by the Chief with input from the Health and Safety Committee. Such
vest shall be maintained by the Employer at no cost to the employee and shall be replaced in
accordance with manufacturer's recommended replacement schedule. At the request of the
employee a new outer carrier will be provided at the same time the bullet - resistant vest is
replaced. This item of safety shall be the sole property of the City of Owasso. However, upon
request, the bullet- resistant vest shall become the property of the employee at retirement.
In no case shall an employee be denied a replacement vest in the event the one in current use
exceeds the manufacturer's suggested replacement schedule or becomes damaged. An individual
employee may choose to purchase a bullet resistant vest of a make or model different from that
selected by the Employer for issue. In the event such a selection is made, the Employer shall pay
a portion of the cost equal to the cost of the vest issued by the Employer, provided, however, that
such vest shall become the sole property of the Employer requiring no reimbursement
whatsoever for a period of one year from date of purchase. However, upon request, the bullet -
resistant vest shall become the property of the employee at retirement.
Bullet - resistant vests that exceed the manufacturer's suggested replacement schedule shall
become the property of the employee.
Threat Level IN er h ig er vests External hard plate carrier and plates shall be the sole
property of the City of Owasso, and shall not become the property of the employee under any
circumstance.
42
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 9. For appearance and safety reasons members of the bargaining unit shall not wear
jewelry while on duty, with the exception of a wedding ring and a watch. Jewelry worn
underneath the uniform that is not visible will be allowed.
Section 9. For appearance and safety reasons members of the bargaining unit shall not wear
jewelry while on duty, with the exception of a wedding ring and a watch. Jewelry worn
underneath the uniform that is not visible will be allowed.
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 fund 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 5. 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. Temporary Assignment does not
apply to the Detective division or School Resource Officer division, unless there is a
vacancy, in which temporary assignment will be paid based on seniority within the unit.
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 Senior Sergeant on the shift shall receive a temporary
increase in pay for such time "acting" assignment is in effect beginning on the thirty-first (31)
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.
Section 7. Employees designated as Field Training officers shall be compensated two (2)
compensatory or overtime hours per day when performing field training duties.
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 and must be in a law enforcement
related field.
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 Asseeiates, BaeheleH, or a &aduate Degree ivill he made. for
degrees conferred if any area of study in
. Payment for
college hours shall be based on the following criteria:
46
ARTICLE 30
EDUCATION INCENTIVE
(continued)
1. Employee must receive at least a 2.0 grade point average on a 4.0 scale or a
minimum of a "C" grade on a letter grade scale.
2. A copy of the transcript must accompany each request and any request for
increasing such pay.
3. Payment for course hours will be allowed if justification is given indicating such
hours were required to pursue a Degree in
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.
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 earF5, a WeFlEilig pager, or etherwise 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. While "on -call' Detectives shall receive "on call" compensation in the amount of
W two (2) compensatory time or overtime hours 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.
S&I
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, 2021 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, 294-9 2021.
7070 each a pleyee e f the unit shell reeeive compensation
based en thePay Planon this agreement to the
range and step as of Deeember 31 2010
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 :plcymeatprebat'en Aerie,, of service one year 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
COMPENSATION
(continued)
Section 3. The following job classifications shall be compensated at the rate specified in the
"Police Department Pay Plan" as follows:
Officer
Range 1
Sergeant
Range 2
Lieutenant
Range 3
Captain
Range 4
51
Department Pay Plan A (Effective 0710112019)
Police Department Pay Plan S (Effective 01/0112020)
Entry
"Police Department Pay Plan A'
Effective July 1. 2021
Entry
Level
Patrol 20.80
Sergeant
Lieutenant
Captain
A
B
C
D
E
F
G
H
I
J
K
(l year)
(2 year)
(3yeer)
(4 yeerr
(5 year)
(6 year)
Cyear)
(8yeer)
(9 year)
(ioyear)
niyeery
21.63
22.50
23.40
24.34
25.31
26.33
27.39
28.49
29.63
30.82
3206
25.25
2627
27.32
28.42
29.56
30.75
31.96
33.26
34:59
28.61
29.76
30.95
32.19
33.48
34.82
36.22
37.67
'Pay scale may not
32.45 33.75 35.10 36.51 37.97 39.49 41.07
service
53
ARTICLE 34
DRUG & ALCOHOL TESTING
The Lodge and the City recognize the need to conform to the Oklahoma Standards for
Workplace Drug and Alcohol Testing Act, 40 O.S. Section 551 et seq. and the need to maintain a
safe work environment free from hazards of drugs or alcohol for the safety of both Police
personnel and the citizens. Therefore both parties agree that drug and alcohol testing shall be
administered in accordance with the Oklahoma Standards for Workplace Drug and Alcohol
Testing policy within the City of Owasso's Personnel Manual.
54
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
151 and June 30`h and December 15` and December 31st 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 payroll0 -, 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
55
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.
1. 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.
W
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).
57
NO CHANGE ARTICLES
Article I
Purpose of Agreement
Article 4
Gender Clause
Article 5
Mutual Responsibility to Avoid Discrimination
Article 6
Prevailing Rights
Article 7
Management Rights and Responsibilities
Article 9
Prohibition of Strikes
Article 10
Successors and Assigns
Article 11
Recognition
Article 12
Publication and Distribution
Article 16
Safety and Health Committee
Article 17
Honor Guard
Article 18
Dues Check Off
Article 21
Holiday Pay
Article 25
Retirement and Pension
Article 26
Insurance
Article 28
Personal Property
Article 31
Longevity Pay
Article 34
Drug and Alcohol Testing
Article 35
Wellness Program
Article 36
Shift Differential
EEO
TO: The Honorable Mayor and City Council
FROM: Michele Dempster
Human Resources Director
SUBJECT: City Manager Employment Agreement
DATE: May 28, 2021
BACKGROUND:
The City Manager's annual performance review process began in April, including an online
evaluation completed by department directors and City Council. The evaluation results were
provided to the City Manager and the City Council and discussed on May 11.
COMMENTS:
The existing contract with the City Manager expires June 30, 2021. Renewing the City Manager's
Employment Agreement was discussed by the City Council during an Executive Session on May
11. Staff was directed to prepare a two -year agreement with a new annual salary of $171,000.
All other employment agreement language remained unchanged.
REQUIRED ACTION:
Presented for consideration is the Employment Agreement between the City and the City
Manager, Warren Lehr. The City Attorney has reviewed the Employment Agreement.
ATTACHMENT:
Employment Agreement
EMPLOYMENT AGREEMENT
THIS AGREEMENT, made and entered into this I" day of June, 2021, by and between the City of
Owasso, Oklahoma, a municipal corporation, hereinafter called "City ", and Carl "Warren" Lehr, hereinafter called
"Manager ".
WHEREAS, City desires to employ the services of Carl "Warren" Lehr as City Manager of the City of
Owasso, Oklahoma, pursuant to Section 3 -1 of the Charter of the City of Owasso, Oklahoma;
WHEREAS, it is the desire of the City Council to provide certain benefits, establish certain conditions of
employment and to set working conditions of the Manager;
WHEREAS, the Council wishes to secure and retain the services of the Manager and to provide an
inducement for him to remain in such employment;
WHEREAS, it is the desire of the Council to make possible full work productivity and the exercise of
professional judgment by assuring the Manager's morale and peace of mind with respect to future security;
WHEREAS, THE Manager desires to accept employment as City Manager of the City of Owasso,
Oklahoma.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as
follows:
1. DUTIES. The Council, under the terms and conditions hereof, hereby employs Carl Warren Lehr as City
Manager of the City to perform the functions and duties specified in the Charter and Ordinances of said
City, and to perform other legally permissible and proper duties and functions as the Council pursuant to
and in accordance with the City Charter shall from time to time assign. Carl Warren Lehr hereby, under
the terms and provisions hereof, accepts such employment.
2. TERM.
A. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Council to
terminate the services of the Manager at any time as provided in Section 3 -1 (b) of the Charter of the
City of Owasso, Oklahoma, subject only to the provisions set forth in such Charter provision, as well
as Section Six (6) of this Agreement.
B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Manager to
resign at any time from his position with City, subject only to the provisions contained in Section Six
(6) of this agreement.
C. The Term of this Agreement shall be from July I, 2021 until June 30, 2023. It is specifically understood
that the Parties will take such actions as are necessary to comply with the Oklahoma constitutional debt
limitations applicable to municipalities in the State of Oklahoma. Accordingly, any provisions of this
Agreement requiring the appropriation of monies by the municipality for Fiscal Year 2022 -2023, or
any other succeeding fiscal year, shall be subject to the express approval of the City Council.
3. COMPENSATION.
A. Base Salary. The City agrees to pay the Manager for his services an annual base salary of One Hundred
Seventy -One Thousand Dollars ($171,000).
B. Benefits. The City agrees to provide the Manager the same benefits of employment provided to general
employees of City, unless specifically modified herein. Such benefits include, but are not limited to,
group health, dental, and life insurance benefits, and OkMRF retirement programs.
C. Telephone Allowance. The City shall provide the Manager with a mobile telephone allowance in the
sum of twenty -five dollars ($25.00) per month. The Manager shall maintain a personal account for
mobile telephone service and shall not open an account in the name of the City. The Manager shall
have total responsibility for payment of such personal account and the City shall have no obligation or
responsibility related to such personal account other than the monthly payment to the Manager of the
mobile telephone allowance stated herein.
D. Dues. The City agrees to budget for and to pay for professional dues and subscriptions of the Manager
necessary for continuation and full participation in national, regional, state and local associations,
including but not limited to the International City /County Management Association, and the City
Manager's Association of Oklahoma and other organizations necessary and desirable for the Manager's
continued professional participation, growth, and advancement, and for the good of the City.
E. Paid Leave. The City agrees to provide the Manager with an additional forty (40) hours of vacation a
year, above that provided to the general employees of the City, based on tenure with the City. Vacation
shall be accrued on a prorated monthly basis with no maximum accrual. The Manager shall not use in
excess of four (4) consecutive weeks of vacation and a total of six (6) weeks of vacation in a year,
except as may be required under the Family Medical Leave Act (FMLA).
The City agrees to provide the Manager all other forms of paid leave extended to other general
employees of the City, including but not limited to paid holidays and sick leave.
Accrued vacation leave shall be paid to the Manager upon termination of employment,
whether voluntary or involuntary.
a) The parties agree accrued vacation leave shall not be paid if the Manager is terminated
during the term of this Agreement for cause, including, but not limited to, gross neglect
of duty, malfeasance, misfeasance or conviction for a felony or crime of moral
turpitude.
4. CITY VEHICLE. The City shall provide the Manager with a city vehicle for the Manager's business and
incidental personal use. The City shall fully maintain the automobile and cover the vehicle under the City's
Self - Insured Automobile Liability coverage.
S. EXPENSE ALLOWANCE. The City shall provide the Manager with a business expense allowance for
budgeted discretionary business expenses related to the City's business that may be incurred by the
Manager.
6. TERMINATION.
A. By City. City may terminate the employment of Manager, with or without cause, and in accordance
with the City Charter, by directing at least twenty (20) day written notice of termination to Manager by
hand delivery or by certified or registered mail, return receipt requested. Subject only to the restrictions
stated in Sub - Section ii, below, in the event of termination by City while Manager is ready, willing and
able to perform the duties of City Manager, City shall pay out over six (6) months, plus one additional
month per fiscal year completed in employment with the City, but not to exceed a combined twelve
(12) months, the Manager's regular salary and benefits, based on the Manager's salary at the time of
termination.
If the Manager dies at any time during which the up to twelve (12) months of severance
payments are being made, the balance of the payments shall be paid to the Manager's
beneficiary.
a) If the Manager dies during his regular employment, severance pay shall not be paid.
ii. The parties hereto expressly agree no severance payment shall be paid if the Manager is
terminated during the term of this Agreement for cause, including, but not limited to, gross
neglect of duty, malfeasance, misfeasance or conviction for any felony or crime of moral
turpitude.
iii. The parties acknowledge that circumstances may arise where, in order to avoid adverse
publicity to the Council and /or Manager, the Manager may tender his resignation from
employment conditioned upon the receipt of severance pay. Should the Council act to accept
the conditional resignation, then upon submission of a properly executed claim in the amount
of such severance pay, the Council shall approve the claim for payment.
B. By Employee. Manager may terminate his employment with City by directing at least sixty (60) days
written notice of termination to the Mayor of City by hand delivery or by certified or registered mail,
return receipt requested. In event of termination by Employee, no severance payment shall be due to
Employee.
CONSTRUCTION. The parties agree the terms of this Agreement have been equally bargained and negotiated
for, and further agree the presumption of construing any ambiguity in the Agreement against the drafter shall
not apply.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written above.
ATTEST:
Juliann M. Stevens, City Clerk
CITY OF OWASSO
Mayor, Bill Bush
MANAGER
Warren Lehr
Approved as to the forte and legality on the day of June, 2021.
Julie Lombardi, City Attorney
TO: The Honorable Mayor and City Council
FROM: Michele Dempster
Human Resources
SUBJECT: City Attorney Employment Agreement
DATE: May 28, 2021
BACKGROUND:
Last June, the City Council approved a two -year employment agreement with City Attorney,
Julie Lombardi. Fiscal year 2021 -2022 is the second year of the two -year agreement. Following
an annual performance review, the City Attorney's employment agreement was discussed by
the City Council during an Executive Session on May 11.
COMMENTS:
Staff was directed to prepare the second year of the current employment agreement with a
new annual salary of $140,000.
REQUIRED ACTION:
Presented for consideration is the Employment Agreement between the City and City Attorney,
Julie Lombardi. Outside attorney, Keith Wilkes, has reviewed the Employment Agreement.
ATTACHMENT:
Employment Agreement
EMPLOYMENT AGREEMENT
This EMPLOYMENT AGREEMENT ("Agreement ") is hereby made and entered into this I" day
of June, 2021, by and between the City of Owasso, Oklahoma, a municipal corporation, acting by and through
its duly elected City Council ( "Owasso "), and Julie Lombardi ( "Lombardi ") (collectively "Parties ").
WHEREAS, Owasso desires to employ the services of Julie Lombardi as City Attorney of and for
Owasso, and the City Council desires, on behalf of Owasso, to provide certain benefits, establish certain
conditions of employment, and to set working conditions for Lombardi;
WHEREAS, Owasso wishes to secure and retain the professional services of Lombardi and to provide
an inducement for Lombardi to remain in such employment;
WHEREAS, it is the desire of Owasso to make possible full work productivity and the exercise of
professional judgment by assuring Lombardi's morale and peace of mind with respect to future security; and,
WHEREAS, Lombardi desires to accept employment as City Attorney of the City of Owasso,
Oklahoma, subject to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as
follows:
1. DUTIES.
Owasso under the terms and conditions hereof, hereby employs Lombardi, and Lombardi hereby
accepts employment as City Attorney of Owasso, to perform the functions and duties specified in the
Charter and Ordinances of Owasso, and to perform other proper legal tasks, duties and functions as
Owasso, by and through its City Council, shall assign from time to time.
2. TERM.
A. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City
Council to terminate the services of Lombardi at any time as provided in Section 2 -104 of the Code
of Ordinances of Owasso, Oklahoma, as well as Section Four (4) of this Agreement.
B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Lombardi to
voluntarily terminate her employment with Owasso at any time, subject only to the provisions
contained in Section Six (6) of this Agreement.
C. The Term of this Agreement shall be from July 1, 2021, until June 30, 2022. It is specifically
understood that the Parties will take such actions as are necessary to comply with the Oklahoma
constitutional debt limitations applicable to municipalities in the State of Oklahoma. Accordingly,
any provisions of this Agreement requiring the appropriation of monies by the municipality for
Fiscal Year 2021 -2022, or any other succeeding fiscal year, shall be subject to the express approval
of the City Council.
3. COMPENSATION.
A. Base Salary. Owasso agrees to pay Lombardi an annualized base salary of One Hundred Forty
Thousand Dollars ($140,000).
B. Benefits. Owasso shall provide Lombardi with the same benefits of employment provided to
general employees of Owasso, unless specifically modified herein, subject to the requirements of
any such benefit plan or policy. Such benefits include, but are not limited to, group health, dental,
and life insurance benefits, and OMRF retirement programs.
C. Dues. Owasso shall budget for and pay professional dues, continued legal education expenses and
costs, and subscriptions necessary for Lombardi to maintain and continue full admission and
participation in national, regional, state and local associations, including, but not limited to, the
Oklahoma Bar Association, the Tulsa County Bar Association, the Oklahoma Association of
Municipal Attorneys, and any other such professional organization necessary and desirable for
Lombardi's continued professional licensing and admissions, participation, growth, and
advancement for the good of Owasso.
D. Paid Leave. Owasso agrees to provide Lombardi all forms of paid leave extended to other general
employees of Owasso, including but not limited to paid holidays, vacation and sick leave. Accrued
vacation leave shall be paid to Lombardi upon termination of employment, whether voluntary or
involuntary, as provided for under Oklahoma law.
E. Laptop /Mobile Technology. Recognizing the importance of security and access to City systems,
whether at the office or away, Owasso shall provide Lombardi, a laptop /tablet, mobile connectivity,
and related software, for the primary purpose of City related use. Upon termination of Lombardi's
employment, issued laptop /tablet and mobile connectivity device shall be returned to Owasso.
TERMINATION.
A. By Owasso. Owasso may terminate the employment of Lombardi, with or without cause, by
providing Lombardi with a minimum twenty (20) day written notice of said action hand delivery,
certified or registered mail, return receipt requested. Subject only to the restrictions stated in Sub -
Section ii, below, in the event of involuntary termination by Owasso while Lombardi is ready,
willing and able to perform the duties of City Attorney, Owasso shall pay Lombardi six (6) months
of severance pay in equal monthly installments, plus one additional month per fiscal year of
completed employment by Lombardi with Owasso, not to exceed a combined twelve (12) months.
The monthly severance payment will be an amount equal to Lombardi's regular salary and benefits
at the time of the termination, less any applicable and required payroll withholdings.
i. In the event of Lombardi's death at any time during the severance period, the balance of the
severance payments shall be paid to Lombardi's designated beneficiary. In the event of
Lombardi's death during her regular employment, severance pay shall not be due or owing.
ii. The Parties expressly agree no severance payment shall be paid if Lombardi is terminated
"for cause" during the term of this Agreement. "For cause" includes, but is not limited to,
gross neglect of duty, malfeasance, misfeasance or the conviction or plea of guilty for or to
any felony or crime of moral turpitude.
iii. The Parties acknowledge and agree certain circumstances may arise where, to avoid adverse
publicity to Owasso, its City Council and /or Lombardi, Lombardi may tender her
resignation from employment conditioned upon the receipt of severance pay as described
in Section 4(A), above. Should the City Council accept the conditional resignation, then
upon submission of a properly executed claim in the amount of such severance pay, the
Council shall approve the claim for payment.
B. By Employee. Lombardi may voluntarily terminate her employment with Owasso by directing at
least sixty (60) days written notice of termination to the Mayor of Owasso, via hand - delivery,
certified or registered mail, return receipt requested. In event of the voluntary termination by
Lombardi, no severance pay shall be due and owing to Lombardi. Nothing in this Sub - Section
shall interfere or conflict with Lombardi's rights or Owasso's obligations under Section 4(A)(iii),
above.
5. CONSTRUCTION.
Parties acknowledge the terms of this Agreement have been equally bargained and negotiated for, and
further agree the legal presumption of construing any ambiguity in the Agreement against the drafter
shall not apply.
6. SEVERABILITY.
The Parties agree that if any section, sub - section, or part of this Agreement is deemed to be void or
voidable by a court of competent jurisdiction, the remaining section, sub- sections and terns and
conditions of this Agreement shall survive.
VENUE.
If a legal dispute arises between the Parties, Owasso and Lombardi agree any and all litigation arising
out of such dispute, if any, shall rest only in Tulsa County District Court for the State of Oklahoma.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above.
JULIE LOMBARDI
Julie Lombardi
ATTEST:
Juliann M. Stevens, City Clerk
CITY OF OWASSO
Mayor, Bill Bush
Keith A. Wilkes, Attorney
CITY OF OWASSO
GENERALFUND
PAYROLL PAYMENT REPORT
PAY PERIOD ENDING 05/22/21
Department Payroll Expenses Total Expenses
105 Municipal Court
6,718.05
9,532.59
110 Managerial
22,565.69
31,518.72
120 Finance
21,192.88
32,360.49
130 Human Resources
9,584.61
14,352.26
160 Community Development
19,270.49
29,412.29
170 Engineering
16,541.17
25,718.11
175 Information Systems
18,150.36
27,071.36
181 Support Services
9,511.12
14,383.52
190 Cemetery
1,435.78
3,453.07
201 Police Grant Overtime
2,433.37
2,465.52
201 Police -COPS Grant
11,117.59
19,861.12
215 Central Dispatch
23,665.00
38,690.02
221 Animal Control
4,287.34
6,388.40
250 Fire Safer Grant
29,102.55
46,163.32
280 Emergency Preparedness
2,400.87
3,353.25
370 Stormwater /ROW Maint.
6,432.30
10,701.69
515 Park Maintenance
7,462.16
11,468.55
520 Culture /Recreation
10,113.55
16,650.95
550 Community - Senior Center
6,129.61
8,249.71
580 Historical Museum
756.80
850.64
710 Economic Development
4,717.39
7,114.93
General Fund Total
233,588.68
359,760.51
185 Garage Fund Total 10 136.90 16,724.21
255 Ambulance Fund Total 553.85 622.53
250 Fire Fund 37 Total 175,622.80 262,135.66
201 Police Fund 38 Total 176,969.33 268,865.50
300 Streets Fund 39 Total 20,336.55 34,563.10
370 Stormwater Fund 27 Total 3,652.51 6,294.37
150 Worker's Compensation Total 306.96 341.95
720 Strong Neighborhoods Total 4,830.62 6,778.95
CITY OF OWASSO
HEALTHCARE SELF INSURANCE FUND
CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 5/27121
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
DENTAL MEDICAL SERVICE
DENTAL DEPT TOTAL
VSP ADMIN FEES
ADMIN FEES
VISION DEPT TOTAL
HEALTHCARE SELF INSURANCE FUND TOTAL
AMOUNT
31,175.70
24,037.76
99,356-47
97,878.97
14,772.17
77,058.63
344,279.70
3,287.09
5,383.21
8,670.30
1,423.83
71.19
1,495.02
354,445.02