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Home My WebLink About2023.04.04_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL Council Chambers Old Central Building 109 North Birch, Owasso, OK Tuesday, April 4, 2023 - 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 Kelly Lewis 2. Invocation 3. Flag Salute 4. Roll Call clerk's 5. Presentation of the Character Trait of Humility - Mike Henry, Character Council Member 6. Consideration and appropriate action relating to 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 - March 21, 2023, Regular Meeting B. Approve claims C. Accept public infrastructure improvements of a concrete approach, sidewalk and water /fire line taps located at 9155 North Owasso Expressway (Caliber Collision) 7. Consideration and appropriate action relating to items removed from the Consent Agenda 8. Consideration and appropriate action relating to an executive session, as provided for in Title 25, O.S. § 307(B)(4), for the purposes of discussing confidential communication between the City Council and its Attorney concerning approval of Resolutions 2023-04, 2023-05, 2023-06, 2023-07, and 2023-08 pertaining to potential settlements in the Opioid Litigation Julie Lombardi 9. Consideration and appropriate action relating to Resolution 2023 -04, regarding Owasso's participation in the Teva Pharmaceutical Industries, Lt. (Teva) Settlement Agreement, the Teva State - Subdivision Agreement, and the Teva State Back -Stop Agreement, and executing necessary additional documents Julie Lombardi /Tony Puckett Staff recommends approval of Resolution 2023-04, 10. Consideration and appropriate action relating to Resolution 2023-05, regarding Owasso's participation in the Allergan Finance L.L.C. and Allergan Limited (f/k/a Allergan plc, which, in turn, was f/k/a Actavis pis (collectively "Allergan ") Settlement Agreement, the Allergan State - Subdivision Agreement, and the Allergan State Back -Stop Agreement, and executing necessary additional documents Julie Lombardi /Tony Puckett Staff recommends approval of Resolution 2023-05. 11. Consideration and appropriate action relating to Resolution 2023-06, regarding Owasso's participation in the CVS Health Corporation and CVS Pharmacy, Inc. (collectively "CVS ") Settlement Agreement, Retailer State - Subdivision Agreement, and the CVS State Back -Stop Agreement, and executing necessary additional documents Julie Lombardi /Tony Puckett Staff recommends approval of Resolution 2023-06. Owasso City Council April 4, 2023 Page 2 12. Consideration and appropriate action relating to Resolution 2022-07, regarding Owasso's participation in the Walgreens Co. (Walgreens) Settlement Agreement, Retailer State- Subdivision Agreement, and the Walgreens State Back -Stop Agreement, and executing necessary additional documents Julie Lombardi /Tony Puckett Staff recommends approval of Resolution 2023-07. 13. Consideration and appropriate action relating to Resolution 2023-08, regarding Owasso's participation in the Walmart, Inc. (Walmart) Settlement Agreement, Retailer State- Subdivision Agreement, and the Walmart State Back -Stop Agreement, and executing necessary additional documents Julie Lombardi /Tony Puckett Staff recommends approval of Resolution 2023-08. 14. Consideration and appropriate action relating to Ordinance 1207, amending Part 1, Chapter 2, Section 1 -201, of the Code of Ordinances of the City of Owasso, by establishing new boundaries for the five (5) City Council wards Juliann Stevens Staff recommends adoption of Ordinance 1207. 15. Consideration and appropriate action relating to the renewal of a contract for audit services for Fiscal Year ending June 30, 2023 Carly Novozinsky Staff recommends approval of the contract with BT & Co., PA of Topeka, Kansas, in the amount of $52,000, related to auditing services for the City and its Trust Authorities; and $4,000, each, for any federal grant audits required under the Single Audit Act. 16. Consideration and appropriate action relating to a contract for the U.S. Highway 169 right -of -way mowing Larry Escalanta Staff recommends awarding the base project and alternate to Lot Maintenance of Oklahoma, Inc. of Broken Arrow, Oklahoma, in the amount of $9,928.00 per mowing, and authorization to execute the necessary documents. 17. Consideration and appropriate action relating to the purchase of right -of -way for the East 106th Street North and North 129th East Avenue Intersection Improvement Project Roger Stevens Staff recommends authorization for payment in the amount of $68,850.00 to Dunaway Family Revocable Trust, for the acquisition of right-of-way and compensation for easement and damages, located at 12930 East 106th Street North. 18. Consideration and appropriate action relating to a contract for the performance of janitorial services in various city parks Larry Langford Staff recommends approval to enter into a contract with Jani -King Janitorial Services of Tulsa, Oklahoma, in the amount of $4,302.00 per month for March through November and $1,229.00 per month for December through February, and authorization to execute all necessary documents. Owasso City Council April 4, 2023 Page 3 19. Consideration and appropriate action relating to the bids received for the mowing of various city park locations Larry Langford Staff recommends awarding a park mowing contract to Barham Lawn Care and Hardscapes of Claremore, Oklahoma, in the amount of $60.00 per mowing for Ator Park, $220.00 per mowing for Elm Creek Park, $160.00 per mowing for Rayola Park, and $55.00 per mowing for Skate Park. Staff further recommends awarding a Park Mowing Contract to Turfworx, LLC of Owasso, Oklahoma, in the amount of $52.00 per mowing for Veterans Park and $165.00 per mowing for McCarty Park, and authorization to execute all necessary documents. 20. Report from City Manager • Monthly Public Works Project Status Report 21. Report from City Attorney 22. Report from City Councilors 23. Official Notices (documents for acknowledgment of receipt or information only, no discussion or action will be taken) • Payroll Payment Report- pay period ending date of March 25, 2023 • Health Care Self- Insurance Claims - dated as of March 30, 2023 • Oklahoma Department of Environmental Quality Permit No. SL000072230069 Sanitary Sewer for Morrow Place Phase 3 • Oklahoma Department of Environmental Quality Permit No. SL000072230126 Sanitary Sewer Main Extension for Tyner House Apartments • Oklahoma Department of Environmental Quality Permit No. SL000072230051 Sanitary Sewer to serve Roots Coffee 24. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 25. Adjournment Notice of Public Meeting filed in the office of the City Clerk on Friday, December 9, 2022, and the Agenda posted at City Hall, 200 South Main Street, at 2:00 pmfar>\Friday, March 31, 2023., M. Stevens, City The City of Owasso encourages citizen participation. To request on accommodation due to a disability, contact the City Clerk at least 48 hours prior to the scheduled meeting by phone 918- 376 -1502 or by email to istevens@citvofowasso. com OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING TUESDAY, MARCH 21, 2023 The Owasso City Council met in regular session on Tuesday, March 21, 2023, in the Council Chambers at Old Central, 109 North Birch, Owasso, Oklahoma per the Notice of Public Meeting filed Friday, December 9, 2022; and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 1:00 pm on Friday, March 17, 2023. 1. Call to Order -Mayor Kelly Lewis called the meeting to order at 6:30pm. 2. Invocation -The Invocation was offered by Pastor David Payne of Speak Life Fellowship. 3. Flag Salute - Councilor Bill Bush led the flag salute. 4. Roll Call - A quorum was declared present. Present Absent Mayor- Kelly Lewis Vice Mayor- Alvin Fruga Councilor- Doug Bonebrake Councilor- Bill Bush Councilor - Lyndell Dunn A quorum was declared present. Staff: City Manager - Warren Lehr / City Attorney - Julie Lombardi 5. Presentation of Character Certificates -Jack Loveland and Trent Mason, Eagle Scout Projects Mayor Kelly Lewis presented the certificates. 6. Presentation of Proclamation - 2023 Wyland National Mayor's Challenge for Water Conservation Mayor Kelly Lewis presented the proclamation. Consideration and appropriate action relating to the Consent Agenda. (All matters listed under "Consent" are considered by the Trustees to be routine and will be enacted by one motion. Any Trustee may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes - March 7, 2023, and March 14, 2023, Regular Meeting B. Approve amended minutes for the February 21, 2023, Regular Meeting C. Approve claims D. Adopt Ordinance 960 Nunc Pro Tunc, to correct a scrivener's error by removing Tulsa County and inserting Rogers County E. Accept public infrastructure improvements of concrete approaches and sidewalks located at 11610 North 137th East Avenue F. Approve early retirement benefits for Ronald Vaughan Mr. Bonebrake moved, seconded by Mr. Bush to approve the Consent Agenda as presented, with claims totaling $746,440.87. YEA: Bonebrake, Bush, Dunn, Lewis NAY: None Motion carried: 4 -0 8. Consideration and appropriate action relating to items removed from the Consent Agenda - None Consideration and appropriate action relating to the Agreement for Economic Development Partnership between the Owasso Chamber of Commerce and the City of Owasso Warren Lehr presented the item, recommending approval of the agreement for economic development services in the amount of $230,000.00, and authorization to execute the necessary documents. Mayor Lewis read a statement from Vice Mayor Fruga. There were no comments from the audience. After discussion, Mr. Bush moved to approve the agreement in the amount of $233,000.00 and authorize execution of the necessary documents, seconded by Mr. Bonebrake. YEA: Bonebrake, Bush, Dunn, Lewis NAY: None Motion carried: 4 -0 Owasso City Council March 21, 2023 Page 2 10. Consideration and appropriate action relating to Ordinance 1205, approving a Planned Unit Development (PUD) for The Vintage at Redbud, containing approximately 0.48 acres located south of West 2nd Street and west of North Atlanta Street, as referenced in application OPUD 23 -03 Wendy Kramer presented the item, recommending adoption of Ordinance 1205. Three citizens addressed the City Council. After discussion, Mr. Bush moved, seconded by Mr. Dunn to adopt Ordinance 1205, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis NAY: None Motion carried: 4 -0 11. Consideration and appropriate action relating to Ordinance 1206, approving a Planned Unit Development (PUD) for The Reserve at Owasso and a rezoning request from Residential Multifamily (RM) and Commercial Shopping (CS) to Residential Multifamily (RM), Commercial Shopping (CS), and Office (0) - containing approximately 51.66 acres located at the northwest corner of the East 106th Street North and North 145th East Avenue intersection, as referenced in Applications OPUD 23 -02 and OZ 23 -02 Alexa Beemer presented the item, recommending adoption of Ordinance 1206. There were no comments from the audience. After discussion, Mr. Bush moved, seconded by Mr. Dunn to adopt Ordinance 1206, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis NAY: None Motion carried: 4 -0 12. Consideration and appropriate action relating to Resolution 2023 -02, authorizing the submittal of an application for the 2023 Community Development Block Grant (CDBG) Urban County Program funding and identifying the installation of new water lines in the Hale Acres subdivision as the preferred project for the FY 2023 funding cycle Alexa Beemer presented the item, recommending approval of Resolution 2023 -02. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn to approve Resolution 2023 -02, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis NAY: None Motion carried: 4 -0 13. Consideration and appropriate action relating to a Final Plat for Villas at Stonebridge II, containing approximately 4.98 acres located south of East 76th Street North and east of North 129th East Avenue Alexa Beemer presented the item, recommending approval of the Final Plat. There were no comments from the audience. Mr. Bush moved, seconded by Mr. Dunn to approve the final plat, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis NAY: None Motion carried: 4 -0 14. Consideration and appropriate action relating to the Sports Park Parking Lots Improvement Project Larry Langford presented the item, recommending acceptance of the project and authorization for final payment to R &L Construction, of Tulsa, Oklahoma, in the amount of $104,998.20. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Ms. Lewis to accept the project and authorize payment, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis NAY: None Motion carried: 4 -0 Owasso City Council March 21, 2023 Page 3 15. Consideration and appropriate action relating to Resolution 2023 -03, amending the list of Capital Improvement Projects eligible for funding from the Capital Improvements Fund to include East 86th Street North Widening from North 145th East Avenue to North 161st East Avenue and removing various completed projects Chris Garrett presented the item, recommending approval of Resolution 2023-03. There were no comments from the audience. After discussion, Mr. Bush moved, seconded by Mr. Bonebrake to approve Resolution 2023 -03, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis NAY: None Motion carried: 4 -0 16. Consideration and appropriate action relating to indebtedness of the Owasso Public Works Authority (OPWA) in the Development and Financing Assistance Agreement between SAHO Properties, LLC and the Authority Chris Garrett presented the item, recommending approval of the indebtedness of the OPWA contingent upon the OPWA's approval of the Development and Financing Agreement with SAHO Properties, LLC. There were no comments from the audience. After discussion, Mr. Bush moved, seconded by Mr. Dunn to approve the indebtedness of the OPWA, as recommended. YEA: Bonebrake, Bush, Dunn, Lewis NAY: None Motion carried: 4 -0 17. Report from City Manager Warren Lehr reported on the Keep Owasso Clean Event to be held Saturday March 251h, and the citizen survey regarding the 55/100ths sales tax. 18. Report from City Attorney - None 19. Report from City Councilors Councilor Bush commented on the 55 /100ths sales tax survey. 20. Official Notices - The Mayor acknowledged receipt of the following: • Payroll Payment Report- Pay Period Ending Date March 11, 2023 • Health Care Self- Insurance Claims - dated as of March 15, 2023 • Monthly Budget Status Report - February 2023 • Oklahoma Department of Environmental Quality Permit No. WL000072230028 potable water line relocation, East 116th Street North Roadway Improvements from Mingo Road to Garnett Road 21. New Business - None 22. Adjournment Mr. Bonebrake moved, seconded by Mr. Dunn to adjourn the meeting. YEA: Bonebrake, Bush, Dunn, Lewis NAY: None Motion carried: 4 -0 and the meeting adjourned at 7:22 pm. Kelly Lewis, Mayor Juliann M. Stevens, City Clerk Fund 01 GENERAL Claims List - 04/04/2023 Vendor Name Payable Description Payment Amount AEP /PSO ELECTRIC USE $411.74 COX COMMUNICATIONS PHONE USAGE $11.22 JPMORGAN CHASE BANK AMAZON- EQUIPMENT $1,260.54 JPMORGAN CHASE BANK AMAZON- SUPPLIES $158.92 JPMORGAN CHASE BANK DOG GROOMER - SERVICE $50.00 JPMORGAN CHASE BANK EBAY- SUPPLIES $75.12 JPMORGAN CHASE BANK LLOYD DESIGN -EQUIP $126.34 JPMORGAN CHASE BANK MAIL THIS - SHIPPING $118.49 JPMORGAN CHASE BANK MTM RECOG- UNIFORM $189.27 JPMORGAN CHASE BANK TELEFLORA -EMPLY RECOG $181.87 JPMORGAN CHASE BANK TROYTDVM- SERVICE $75.00 GEN ANIMAL CONTROL - Total $2,656.51 AEP /PSO ELECTRIC USE $39.92 BILLY BASORE FEBRUARY DIRT $151.66 JPMORGAN CHASE BANK OREILLY- SUPPLIES $16.99 UNIFIRST HOLDINGS LP UNIFORM SERVICES $19.48 GEN CEMETERY -Total $228.05 SUSAN R CHERMACK PAINTING CLASS $560.00 GEN COMM CTR DONATIONS -Total $560.00 AEP /PSO ELECTRIC USE $598.27 COX COMMUNICATIONS PHONE USAGE $18.70 JPMORGAN CHASE BANK OWASSO KEYS - SUPPLIES $442.17 JPMORGAN CHASE BANK QUIT BUGGIN- SERVICE $95.00 GEN COMMUNITY CENTER -Total $1,154.14 COX COMMUNICATIONS PHONE USAGE $29.92 JPMORGAN CHASE BANK REGISTER - TRAINING $175.00 GEN COMMUNITY DEVELOPMENT - Total $204.92 BRONZE- DEPOT.COM, INC TIMMYSTATUE $4,495.00 GEN CUL/REC TIMMY & CINDY -Total $4,495.00 COX COMMUNICATIONS PHONE USAGE $14.96 J & K EQUIPMENT, INC. MANLIFT RENTAL $42.00 GEN CULTURE & RECREATION -Total $56.96 AEP /PSO ELECTRIC USE $21.02 COX COMMUNICATIONS PHONE USAGE $7.48 OWASSO CHAMBER OF COMMERCE ECON DEVELOP CONTRACT $11,001.63 GEN ECONOMIC DEV -Total $11,030.13 AEP /PSO ELECTRIC USE $76.84 AT &T PHONE USE $26.21 BEAR COMMUNICATIONS INC RADIOS $1,172.88 COX COMMUNICATIONS PHONE USAGE $3.74 1 Claims List - 04/04/2023 Fund Vendor Name Payable Description Payment Amount 01 GENERAL JPMORGAN CHASE BANK BATTERYSHARK- SUPPLIES $1,628.81 JPMORGAN CHASE BANK STANDLEY- SERVICE $150.00 GEN EMERG PREPAREDNESS -Total $6,617.74 $3,058.48 COX COMMUNICATIONS PHONE USAGE $29.92 JPMORGAN CHASE BANK AMAZON- EQUIPMENT $1,249.20 JPMORGAN CHASE BANK COW GOVT- EQUIPMENT $1,617.92 UNIFIRST HOLDINGS LP UNIFORM SERVICES $35.02 UNITED STATES CELLULAR CORPORATION PW CELL PHONES $74.59 GEN ENGINEERING -Total $6,617.74 $3,006.65 AMBRY REEDER TUITION REIMBURSEMENT $996.00 COX COMMUNICATIONS PHONE USAGE $29.92 JPMORGAN CHASE BANK CHAMBER -DUES $90.00 SUMNERONE INC COPIER SERVICES $49.00 GEN FINANCE -Total PHONE USE $1,164.92 AEP IPSO ELECTRIC USE $3,172.98 AT &T PHONE USE $104.86 ELIZABETH ANNE CHILDS LEGAL SERVICES $1,020.00 JPMORGAN CHASE BANK IQ CARWASH -MAINT $24.00 JPMORGAN CHASE BANK QUADIENT- SERVICE $1,110.66 JPMORGAN CHASE BANK SAMS -LOBBY TV $998.99 JPMORGAN CHASE BANK ZOOM- RENEWAL $149.90 PROSTAR SERVICES INC COFFEE SUPPLIES $14.35 TREASURER PETTY CASH ROGERS COUNTY CLERK $22.00 GEN GENERAL GOVERNMENT -Total $6,617.74 AEP IPSO ELECTRIC USE $86.44 COX COMMUNICATIONS PHONE USAGE $3.74 GEN HISTORICAL MUSEUM -Total $90.18 JPMORGAN CHASE BANK SUNDANCE- SUPPLIES $316.52 GEN HR -CHAR INITIATIVE -Total $316.52 AMERICANCHECKED INC ATTN: BILLING BACKGROUND CHECKS $1,010.45 COMMUNITYCARE EAP EAP FEE $468.00 COX COMMUNICATIONS PHONE USAGE $14.96 GEN HUMAN RESOURCES -Total $1,493.41 AT &T PHONE USE $26.21 AT &T MOBILITY PUBLIC SAFE WIRELESS $83.35 COX COMMUNICATIONS PHONE USAGE $22.44 JPMORGAN CHASE BANK AMAZON- EQUIPMENT $32.13 JPMORGAN CHASE BANK BARRACUDA- RENEWAL $2,292.00 JPMORGAN CHASE BANK BEST BUY - EQUIPMENT $49.99 JPMORGAN CHASE BANK COX - SERVICE $100.05 2 Fund 01 GENERAL Claims List - 04/0412023 Vendor Name JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK Payable Description Payment Amount GODADDY- RENEWAL $201.70 HOME DEPOT - EQUIPMENT $367.28 INTERSTATE - EQUIPMENT $294.40 JMAC SUP- EQUIPMENT $1,235.13 JMAC SUP- REFUND ($116.18) LAKE MI- EQUIPMENT $53.68 LOWES- EQUIPMENT $39.98 NETWORKSOLUT -FEES $240.94 QT -MAINT $15.00 WHOLE COMP - EQUIPMENT $29.99 GEN INFORMATION TECH -Total $4,968.09 COX COMMUNICATIONS PHONE USAGE $22.44 JPMORGAN CHASE BANK MEETING EXP 03116 $207.50 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $53.58 JPMORGAN CHASE BANK OK MUNICIPAL -FEES $300.00 JPMORGAN CHASE BANK PAYPAL -FEES $250.00 JPMORGAN CHASE BANK SAMS- SUPPLIES $11.88 GEN MANAGERIAL -Total $845.40 COX COMMUNICATIONS PHONE USAGE $14.96 HOUGHTON, TIMOTHY L BAILIFF $300.00 GEN MUNICIPAL COURT -Total $314.96 AEP IPSO ELECTRIC USE $2,681.94 COX COMMUNICATIONS PHONE USAGE $3.74 JPMORGAN CHASE BANK ADT- SERVICE $44.98 JPMORGAN CHASE BANK CORNERSTONE -PARTS $80.42 JPMORGAN CHASE BANK CORNERSTONE - SUPPLIES $82.47 JPMORGAN CHASE BANK LOCKE- SUPPLIES $16.50 JPMORGAN CHASE BANK LOWES- REFUND ($7.10) JPMORGAN CHASE BANK LOWES- SUPPLIES $529.90 JPMORGAN CHASE BANK NEWELL- SERVICE $148.64 JPMORGAN CHASE BANK OFFICE DEPOT -EQUIP $419.00 JPMORGAN CHASE BANK P &K EQUIP -PARTS $27.45 JPMORGAN CHASE BANK SAV -ON -SIGN - $45.00 PLAY BY DESIGN, INC. SLIDE REPAIR $4,035.00 ROGERS COUNTY RURAL WATER CENTENNIAL PARK $292.17 DISTRICT UNIFIRST HOLDINGS LP PARKS STAFF UNIFORMS $46.42 WASHINGTON CO RURAL WATER DISTRICT MCCARTY PARK $36.00 GEN PARKS -Total $8,482.53 AEP IPSO ELECTRIC USE $300.24 DIGI SECURITY SYSTEMS CAMERAS FOR JAIL $5,056.05 3 Claims List - 04/04/2023 Fund Vendor Name Payable Description Payment Amount 01 GENERAL JPMORGAN CHASE BANK CORNERSTONE - EQUIPMENT $21.56 JPMORGAN CHASE BANK EBAY- EQUIPMENT $64.50 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $41.84 TREASURER PETTY CASH NOTARY - BALLOU $20.00 TREASURER PETTY CASH PHYS COPAY -B MONSON $15.00 GEN POLICE COMMUNICATIONS -Total CC DEP REF- FLEETWOOD $5,519.19 JPMORGAN CHASE BANK ATWOOD -PARTS $69.99 JPMORGAN CHASE BANK GRAINGER- UNIFORM $43.55 JPMORGAN CHASE BANK HOME DEPOT -TOOLS $29.94 JPMORGAN CHASE BANK LOWES- SUPPLIES $137.83 JPMORGAN CHASE BANK STANDARD SUP - SUPPLIES $53.97 JPMORGAN CHASE BANK TRACTOR SUP - SUPPLIES $29.97 UNIFIRST HOLDINGS LP UNIFORM SERVICES $148.22 GEN STORMWATER •Total $513.47 AT &T PHONE USE $26.21 COX COMMUNICATIONS PHONE USAGE $11.22 JPMORGAN CHASE BANK COX - SERVICE $69.95 JPMORGAN CHASE BANK GRIMSLEYS- SUPPLIES $165.36 JPMORGAN CHASE BANK LIBERTY FLAG - SUPPLIES $215.19 JPMORGAN CHASE BANK LOCKE- SUPPLIES $55.24 JPMORGAN CHASE BANK LOWES- SUPPLIES $118.00 JPMORGAN CHASE BANK ODP- REFUND ($18.57) JPMORGAN CHASE BANK PARADIGMSSL- STRIPING $3,768.34 JPMORGAN CHASE BANK SAMS- SUPPLIES $131.18 JPMORGAN CHASE BANK SUMMIT FIRE - INSPECT $280.00 SECURE7 OKLAHOMA, LLC GATE REPAIRS $274.63 UNIFIRST HOLDINGS LP UNIFORMS $22.50 GEN SUPPORT SERVICES -Total $5,119.25 TREASURER PETTY CASH CC DEP REF - BRUNTZEL $100.00 TREASURER PETTY CASH CC DEP REF- BULLICK $50.00 TREASURER PETTY CASH CC DEP REF - DEERDOFF $50.00 TREASURER PETTY CASH CC DEP REF -DEWEY $100.00 TREASURER PETTY CASH CC DEP REF - FINDLEY $50.00 TREASURER PETTY CASH CC DEP REF- FLEETWOOD $50.00 TREASURER PETTY CASH CC DEP REF -HOA $100.00 TREASURER PETTY CASH CC DEP REF - LINDSEY $50.00 TREASURER PETTY CASH CC DEP REF - NORRIS $50.00 TREASURER PETTY CASH CC DEP REF - STEWART $200.00 TREASURER PETTY CASH CC DEP REF - WADLEY $50.00 GENERAL -Total $850.00 4 Fund Claims List - 04/04/2023 Vendor Name Payable Description Payment Amount 01 GENERAL -Total $62,748.50 20 AMBULANCE SERVICE JPMORGAN CHASE BANK ALLIANZ TRAVEL- REFUND ($36.04) JPMORGAN CHASE BANK JPMORGAN CHASE BANK MEDICLAIMS INC BOUND TREE - SUPPLIES MEDLINE- SUPPLIES BILLING SERVICES $1,986.40 $680.08 $10,158.56 AMBULANCE -Total OLETS $12,789.00 AMERICAN MUNICIPAL SERVICES LTD COLLECTION SERVICES $81.60 AMBULANCE SERVICE -Total PHYS COPAY -B MONSON $81.60 TYLER TECHNOLOGIES, INC. CAD SOFTWARE $5,885.53 CAD SOFTWARE -Total $5,885.53 AMBULANCE SERVICE -Total $18,756.13 21 E -911 AT &T PHONE USE $424.42 BEAR COMMUNICATIONS INC UPS INSTALLATION $315.00 DEPARTMENT OF PUBLIC SAFETY OLETS $680.00 JPMORGAN CHASE BANK APCO- TRAINING $75.00 TREASURER PETTY CASH PHYS COPAY -B MONSON $15.00 E911 COMMUNICATIONS -Total LOWES -PARTS $1,509.42 E -911 -Total $1,509.42 25 HOTEL TAX OWASSO CHAMBER OF COMMERCE ECON DEVELOP CONTRACT $8,165.00 HOTEL TAX ECON DEV -Total $8,165.00 COX COMMUNICATIONS PHONE USAGE $7.48 STRONG NEIGHBORHOODS -Total $7.48 HOTELTAX -Total $8,172.48 27 STORMWATER MANAGEMENT AEP /PSO ELECTRIC USE $292.37 COX COMMUNICATIONS PHONE USAGE $7.48 JPMORGAN CHASE BANK 41MPRINT- SUPPLIES $325.94 JPMORGAN CHASE BANK ATWOOD -PARTS $191.94 JPMORGAN CHASE BANK BLUE BOOK -PARTS $453.74 JPMORGAN CHASE BANK LOWES -PARTS $31.92 JPMORGAN CHASE BANK ODP- SUPPLIES $50.75 UNIFIRST HOLDINGS LP UNIFORM SERVICES $11.36 UNITED STATES CELLULAR CORPORATION PW CELL PHONES $50.61 AT &T PHONE USE $26.21 STORMWATER - STORMWATER -Total $1,416.11 STORMWATER MANAGEMENT -Total $1,416,11 34 VISION TAX GARVER 116 -MINGO TO GARNETT $3,125.70 116TH -MINGO TO GARNETT RD -Total $3,125.70 VISION TAX -Total $3,125.70 37 SALES TAX FIRE AEP /PSO ELECTRIC USE $4,688.10 AT &T PHONE USE $26.21 Claims List - 04/04/2023 Fund Vendor Name Payable Description Payment Amount 37 SALES TAX FIRE BEAR COMMUNICATIONS INC RADIOS $6,416.47 COX COMMUNICATIONS PHONE USAGE $123.42 JPMORGAN CHASE BANK AMER WASTE- DISPOSAL $101.35 JPMORGAN CHASE BANK CASCO- EQUIPMENT $5,013.00 JPMORGAN CHASE BANK CHAMBER -DUES $160.00 JPMORGAN CHASE BANK FMAO -FEES $35.00 JPMORGAN CHASE BANK LODGING EXP 317 -8 $537.06 JPMORGAN CHASE BANK LODGING - REFUND ($14.21) JPMORGAN CHASE BANK LOWES- REPAIR $44.07 JPMORGAN CHASE BANK NAFECO- UNIFORM $4,132.18 JPMORGAN CHASE BANK NSC- SOFTWARE $3,089.87 JPMORGAN CHASE BANK NSC -TOOLS $688.90 JPMORGAN CHASE BANK SAFE KIDS - TRAINING $55.00 JPMORGAN CHASE BANK TRAVEL EXP 5/7 -10 $378.96 JPMORGAN CHASE BANK TYLER USER - CONFERENCE $1,067.00 SALES TAX FUND -FIRE -Total $26,542.38 SALES TAX FIRE - Total $26,542.38 38 SALES TAX POLICE TURN -KEY MOBILE, INC POLICE LAPTOPS $8,256.00 DOJ JAG GRANT - Total $6,256.00 AEP /PSO ELECTRIC USE $4,942.75 AT&T PHONE USE $26.21 AT&T MOBILITY PUBLIC SAFE WIRELESS $140.88 COX COMMUNICATIONS PHONE USAGE $213.19 DIG[ SECURITY SYSTEMS PD SECURITY CAMERA $2,256.11 JPMORGAN CHASE BANK AMAZON- SUPPLIES $183.84 JPMORGAN CHASE BANK AMER WASTE- RENTAL $135.10 JPMORGAN CHASE BANK ARCANTENNA -PARTS $199.50 JPMORGAN CHASE BANK AT YOUR SERV - RENTAL $138.00 JPMORGAN CHASE BANK BROWNELLS- SUPPLIES $48.96 JPMORGAN CHASE BANK CORNERSTONE - SUPPLIES $8.72 JPMORGAN CHASE BANK GIH- SUPPLIES $120.69 JPMORGAN CHASE BANK HOME DEPOT -TOOLS $449.99 JPMORGAN CHASE BANK IACP -DUES $190.00 JPMORGAN CHASE BANK LOWES- SUPPLIES $13.44 JPMORGAN CHASE BANK MEETING EXP 03113 $30.89 JPMORGAN CHASE BANK NATION TACTIC - RENEWAL $450.00 JPMORGAN CHASE BANK OF MOSSBERG -TOOLS $314.45 JPMORGAN CHASE BANK OK DIVISION -DUES $30.00 JPMORGAN CHASE BANK QUIT BUGGIN- SERVICE $75.00 JPMORGAN CHASE BANK ROYAL CANIN - SUPPLIES $796.32 JPMORGAN CHASE BANK SAMS- SUPPLIES $336.84 C Claims List - 04/04/2023 Fund Vendor Name Payable Description Payment Amount 38 SALES TAX POLICE JPMORGAN CHASE BANK SPECIAL OPS- UNIFORM $147.96 JPMORGAN CHASE BANK SUMMIT FIRE - INSPECT $580.00 JPMORGAN CHASE BANK SUMNER- RENTAL $217.88 JPMORGAN CHASE BANK ZIEGLER ART -RECOG $599.01 SMARTSAFETY SOFTWARE, INC. SOFTWARE SQUAD PCS $430.70 TREASURER PETTY CASH FEE REIMB -B MONSON $48.50 TURN -KEY MOBILE, INC POLICE LAPTOPS $2,076.00 ULTIMATE TRAINING MUNITIONS INC ROUNDS $1,556.14 SALES TAX FUND - POLICE -Total $16,757.07 SALES TAX POLICE -Total $25,013.07 39 SALES TAX STREETS AEP IPSO ELECTRIC USE $2,467.68 BILLY BASORE FEBRUARY DIRT $151.67 COX COMMUNICATIONS PHONE USAGE $7.48 JPMORGAN CHASE BANK AMAZON- SUPPLIES $231.96 JPMORGAN CHASE BANK BROWN FARMS -SOD $24.00 JPMORGAN CHASE BANK GRAINGER- UNIFORM $43.55 JPMORGAN CHASE BANK LOWES -PARTS $145.12 JPMORGAN CHASE BANK LOWES- SUPPLIES $137.73 JPMORGAN CHASE BANK ROADSAFE- SUPPLIES $145.60 JPMORGAN CHASE BANK TRACTOR SUP -TOOLS $149.99 JPMORGAN CHASE BANK VANCE BROS- SUPPLIES $120.90 TREASURER PETTY CASH REIMB -S CAMPBELL $86.17 TULSA COUNTY HIGHWAY CONSTRUCTION STREETSIGNS $1,247.70 UNIFIRST HOLDINGS LP UNIFORM SERVICES $202.12 WASHINGTON CO RURAL WATER DISTRICT 116 LANDSCAPE IRRIG $46.20 SALES TAX FUND-STREETS -Total $5,207.87 SALES TAX STREETS -Total $5,207.87 40 CAPITAL IMPROVEMENTS GARVER DESIGN - 96 & 145 $11,287.37 CIP 961145TH INTERSECT -Total $11,287.37 K +D ARCHITECTS LLC FS1 & F52 REMODEL $23,086.15 FIRE STAT #1 RENOVATION -Total $23,086.15 K +D ARCHITECTS LLC FS1 & FS2 REMODEL $23,086.15 FIRE STAT #2 RENOVATION -Total $23,086.15 STRONGHAND LLC STREET REHAB FY21 -22 $394,453.88 STREET REHAB FY21 -22 - Total $394,453.88 CAPITAL IMPROVEMENTS -Total $451,913.55 70 CITY GARAGE AEP /PSO ELECTRIC USE $862.20 COX COMMUNICATIONS PHONE USAGE $14.96 JPMORGAN CHASE BANK AMAZON -PARTS $30.94 JPMORGAN CHASE BANK ARCANTENNA -PARTS $152.50 rl Claims List - 04/04/2023 Fund Vendor Name Payable Description Payment Amount 70 CITY GARAGE JPMORGAN CHASE BANK ARROWHEAD - SUPPLIES $152.50 JPMORGAN CHASE BANK BUMPER -PARTS $4,024.04 JPMORGAN CHASE BANK BUMPER- SUPPLIES $220.48 JPMORGAN CHASE BANK DITCH WITCH- SUPPLIES $272.46 JPMORGAN CHASE BANK FIND IT -PARTS $259.68 JPMORGAN CHASE BANK HESSELBEIN -TIRES $2,195.96 JPMORGAN CHASE BANK HOLT TRUCK -PARTS $1,837.67 JPMORGAN CHASE BANK JIM GLOVER -PARTS $369.63 JPMORGAN CHASE BANK LOWES -TOOLS $469.98 JPMORGAN CHASE BANK OSI- SUPPLIES $52.50 JPMORGAN CHASE BANK PUBLIC SAFETY -PARTS $389.94 JPMORGAN CHASE BANK ROCK AUTO -PARTS $739.18 JPMORGAN CHASE BANK UNITED FORD -PARTS $215.93 UNIFIRST HOLDINGS LP UNIFORMS $72.36 CITYGARAGE •Total $12,332.91 CITY GARAGE • Total $12,332.91 76 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS $2,478.61 WORKERS' COMP SELF -INS -Total $2,478.61 WORKERS' COMP SELF -INS -Total $2,478.61 77 GENERAL LIABILITY - PROPERT HALL, ESTILL, HARDWICK, GABLE, LEGAL SERVICES $1,732.50 HOLLY MOORE TORT CLAIM $592.00 GEN LIAB -PROP SELF INS -Total $2,324.50 GENERAL LIABILITY - PROPERT - Total $2,324.50 City Grand Total $621,541.23 0 TO: The Honorable Mayor and City Council FROM: Earl Farris Project Administrator SUBJECT: Acceptance of Infrastructure Improvements at 9155 North Owasso Expressway (Caliber Collision) DATE: March 31, 2023 BACKGROUND: The subject commercial development is located at 9155 North Owasso Expressway. Public infrastructure improvements consist of concrete work including an approach, sidewalk and water /fire line taps. FINAL INSPECTIONS: Final inspections for the infrastructure components were completed in March 2023, by the Public Works Department. All standards for acceptance have been met. Additionally, the construction contractor has supplied the necessary two -year maintenance bond. RECOMMENDATION: Staff recommends acceptance of the public infrastructure improvements located at 9155 North Owasso Expressway, consisting of concrete work including an approach, sidewalk and water /fire line taps. ATTACHMENTS: Location Map City Attorney Approved Bond Caliber Collision n _ - �.t '!' �t4'�I�t ,1, .. - 2 1P � I •, tr F� 161 fy~'� yJ. (r. 'Jell 0 am NP A Y '1 1" = 598 ft Location Map 03/07/2023 50 RF.4 M.HR�r)4 Gnyi uy This map may represents a visual display of related geographic information- Casa provided here on is n t guaiamee of acutual field conditions. To be sure cf complete ac-uracy, please con :act the responsible staff nor most up -10-date intormatlor. Farris, Earl From: Wingert Shellie Sent: Tuesday, February 21, 2023 10:30 AM To: Hancock, Brandon; Lombardi, Julie Cc: Farris, Earl Subject: RE: Bonds for Review on Caliber Collision. Brandon, I have reviewed the Caliber Collision - Driveway Only maintenance bond at your request. The attorney -in -fact signature is authorized, the surety is licensed to do business in Oklahoma, and the amount of the bond is well within the surety's $24,584,000 underwriting limitation. Therefore, the bond is approved. I have reviewed the Caliber Collision - Sidewalk Only maintenance bond at your request. The attorney -in -fact signature is authorized, the surety is licensed to do business in Oklahoma, and the amount of the bond is well within the surety's $24,584,000 underwriting limitation. Therefore, the bond is approved. , I have reviewed the Caliber Collision - Water /Fire Line Taps Only maintenance bond at your request. The attorney -in -fact signature is authorized, the surety is licensed to do business in Oklahoma, and the amount of the bond is well within the surety's $24,584,000 underwriting limitation. Therefore, the bond is approved. Thank you, Shellie Shellie Wingert Legal Assistant City of Owasso 200 S. Main Street Owasso, OK 74055 swingertCcDcitvofowasso. com 918 - 376 -1548 From: Hancock, Brandon <BHancock @CityOfOwasso.com> Sent: Tuesday, February 21, 2023 9:50 AM To: Wingert Shellie <swingert @cityofowasso.com >; Lombardi, Julie <JLombardi @CityOfOwasso.com> Cc: Farris, Earl <efarris @CityOfOwasso.com> Subject: Bonds for Review on Caliber Collision. Shellie- Please review the 3 attached bonds and Reply all to this email with your findings. Maintenance Bond PRIVA'TELY FINANCED PUBLIC IMPROVPMICI NTS Bond No: MNT93413969 KNOW ALL MEN BY THESE PRESENTS, That we 13BCO General Contractor, Ltd., as Principal (Developer and Contractor), and Fidelity and Deposit Company of Maryland. as Surety, arc held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of One Thousand Eight Hundred Seventy Five & NO /100TIIS DOLLARS ($1,1375.00) to which payment will and truly to be made, we do bind ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, family by these presents. WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of TWO YEARS after final approval of the Caliber Collision, Owasso, OK such by the City Council of the City of Owasso, Oklahoma, against all defects in workmanship and materials which may become apparent in such privately financed public improvement during said period. NOW, THEREFORE, TIM CONDITION OF THIS OBLIGATION IS SUCH that the Principal and /or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED, AND DATED: February 10, 2023 EBCO General Contractor, Ltd., Principal Fidelity and Deposit Company of Maryland, Surety BY: Dawn Davis, Attorney -in- act Attach Power of Attorney ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY ]WOW ALL MEN BY THESE PRESENTS: That the ZURICH AMBRICAN INSURANCE COMPANY, a corpornlou of the Mittc of New York, the COLONIAL AMERICAN CASUAL'L'Y AND SURETY COMPANY, it cortior lion of the Stale of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies "), by Hobert D. Mornay, Vice President, in pursuance of mdhorily, granted by Afliolo V, Section R, of the By -Lows of said Companies, which are %of fortis on file mycise side hereof and are huwby coa fied to be in fill lbme and elfeet on the (Into holnol; do hereby nomiartu, constitute, and appoint, Julut D. FULICSRSON, Kne PERDUE, Donato 1). DOAN, KrIAI MEEK, Dawn DAVIS, Walter .1. DELAROSA, Justin ', Edward Rena BOWI.EA and Christun TYNER, all of Duilns, 'Texas, EACH, its true nmI Inwlill agent tad Altonacy- iii-Fnel, to make, execulu, seal laid deliver, for, and on its behalf as surely, till(] Ili its act anti deed: any mad all bonds nud undertakings, anal Ilia execulion of such bonds or undertakings, in pwsunneo of III= ptasents, shall be as binding upon said Companies, us dilly and nattily, to all infunts and purposes, as if ]hey had been duly executed and acknowledged by (ho regularly elected officers of Ilia ZURICH AMERICAN INSURANCE COMPANY at its office In New York, New York., Thu regularly elected oDicecs of lite COLONIAL AMERICAN CASUALLY AND SURETY COMPANY at its office In Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND td its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby cattily, that the extract set forth on the reverse side hereof is it late copy of Article V, Sccliou S, of lire By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, Ilia said Vice- President bas hereunto subscribed his /her names and affixed the Cotposte Surds of llte said ZURICIi AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, aNYOFAIARYLAND ,(layofNovembci A.D.2019. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUAIAT AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OMPANY OF MARYLAND Bp: Robert D. ACarl'ay Pica Preeidetl Down E. Broma .Secrelaly State err Maryland County of Baltimore On this 19th day of November, A.D. 2019, before Ilia snbscriber, n Notary Pubic of the State of Mtayinud, duly commissioned and qualified, Robert D. Murray, Vice President anti Dawn L Drolvn, Scevetnry of the Compmties, Io me personally known to be the individuals and officers deserilled in lad who exacted the prcwdi,tg instmnrent, and ackaowiedgcd the execution of some, mad being by Ilia duty sworn, deposeth and snilip that bclshc is the said arficer or tiro ComiumtY nl'oresnid, anti the seats affixed to the preceding insinu mal are ilia Corpnnue Seats of said Companies, and thin the said Curpornte Scnls and [lie Signature as Such officer were duty affixed and subscribed to the said instrument by the authority mid direolion of the said Corporations. IN TES'T'IMONY WHEREOF, I have hereunto set my hand and ntTxed my Off ciul Sent tilt day and your fast above wrillcn. CnllSllineU A. DIIIni, Notary Public My Commission Expires; July 9, 2023 EXTRACT PROM BY -LAWS 01: THE COMPANIES "Arlicle V, Section 8, Allornevs- in -Pael. The Chief Exeeufive Officer, (fie President, or Any Executive Vice President of Vice President fully, by written instrument under the Attested corporate seal, Appoint olorueys- in -tac( with Authority to execute bonds, Policies, recagnlznuces, stipulations, undertakings, or other like insirunhcnls oil behalf of (die Company, And may Authorize Ally officer or any such attorney -ill -tact to affix file corpolu a sell thereto; laid Italy with or wiiheut cause niodity of revoke any such Appointment or aulhorily At Ally Colo." CERTIFICATE 1, file undersigned, Vice Piexidcnt tit' ((to ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AhtEWCAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify, that ilia foregoing Power of Alloracy is still In fill force And effect on the dale of tit is corlificnle; mid I do 1•ua1bor cmtily, that Article V, Section 8, of the By -Lows of lire Companies is still in force. This Power of Attorney mid Certificate may be signed by lacsimile under lank by nolhority of (lie rotowing resodutimh of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY al it meeting duly called out[ held on the I Sib day of December 1998. RESOLVED: "That the signature of the Prusident Vice President and file attesting signature of a Secrelmy or ail Assistant Secretary And the Send or the Compaq may be Affixed by facsimile our oily Power of Attorney—Any such Power or Any certificate (bcreorbemhhg such 6lesimile signature And seal shnll be valid And binding on the Company." This Power of Attorney and Certificate may be signed by facsimile (order mud by aullrorify or the following resnlulimr of Idle Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY ill a mccling duly coiled mid held on the 5111 day of Mary, 1994, told file following resolution of fire Boma of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at A meeting duty called and held on the 101h day of May, 1990 RESOLVED: "Thal Ilia facsimile or mechanically reproduced seal of the company And Iatcsimile or mechanically reproduced signature of tiny Vico- President, Secretary, of Assistant Secretary of the Company, whether mnde herctolere or hereafter, wherever appearing upon a colifhed copy of oily power of attorney issued by lite Company, shall be valid and binding apron Ilse Company with the same force And effect as though manually affixed. N TESTIMONY WHEREOF, I have ha'eunto subscribed my name and Affixed the corporate scats of Ilia said Componics, this 10th day of February 2023 Michael C. Pay, Vice President TO'I EPpT2T;A, CLAI ' WITH REGARD TO A SURETY BOND, PLEASE, SUBMITA COMPLETE DESCRIPTION OR THE CliAl1VITNCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO; Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196 -1056 www.renorfsrclaims «,zurichnA.cmu 800 -626 -4577 Maintenance Bond PRIVATELY FINANCED PUBLIC IMPROVMENTS Bond No: MNT9387169 KNOW ALL MEN BY THESE PRESENTS, That we EBCO General Contractor, Ltd., as Principal (Developer and Contractor), and Fidelity and Deposit Company of Maryland. as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of One Thousand One Hundred & NO /100THS DOLLARS ($1,100.00) to which payment will and truly to be madc, we do bind ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. WIIEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of TWO YEARS after final approval of the Caliber Collision, Owasso, OK — Sidewalks Only, a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, Oklahoma, against all defects in workmanship and materials which may become apparent ill such privately financed public improvement during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that the Principal and /or Surety shall indemnify the Obligee for till loss that the Obligee lnay sustain by reason of any defective materials or worinnanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED, AND DATED: February 10, 2023 EBCO General Contractor, Ltd., Principal Fidelity and Deposit Company of Maryland, Surety BY: Dawn avrs, Attorney -in -Fact Attach Power of Attorney ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OR A'T'TORNEY KNOW ALL MEN BY THESE PRESEN'I'St That the ZURICH AMERICAN INSURANCE COMPANY, it coq)onNiou of lire State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, n corporation of (lie Slate of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies "), by Robert D. Murrity, Viol: Presideiat, in pursomice ofaulhorily granted by Article V, Sectiou R, of the By -Laws ofsaid Companics, which one act fodh oil (he Ievetae side hurwl'and am hereby codified to be in fidf fume and effec( ou the (fife hereof, ate hereby nooniunle, comthlitc, and appoint, John 1). FULICERSON, Kov PERDUE, Dontdc D. DOAN, KrIsli MEEK, Dawn DAVIS, Nllultaa• .T. DBLAROSA, Justin TX11INI, Edward Ryan BOWLES nod Christen lAWM, till of Dallas, Texas, EACH, its true and Inimful agent and Attoruucy -in -Fool, to make, execute, sent and deliver, for, mid on its beholf i s surely, and as its net and decd: arty and till floods snit midertakings, and the execution of such heads or untertnkings in pursnmtcc of these presents, shall lie its binding upon said Companies, as lidly and amply, to till inteuls and purposes, as it'they had beau duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE. COMPANY of its office in New York, New York., the regularly elected officers of lite COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., nod [lie regularly elected officers of [lie FIDELITY AND DEPOSIT COMPANY OF MARYLAND of its office io Owings Mills, Maryland., in their owli proper persons. The said Vice President does thereby cerfit'y, Ihnl the extract set forth oil the reverse side hereof is a [tile copy of Article V, Section S, of fire By -Laws of said Compaaics, and is now iu force, IN WITNESS WHEREOF, lite said Vice - President hus hereunto subscribed his/her names and affixed the Corporate Seats of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, AYPANY OR MARYLAND, this 19(h day ol'November, A.D. 2019. ATTEST: ZIIRICII AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUAL'TY AND StIRE IY COMPANY IJ,p: Robert D. Alurrn7, Tice President By: Seerelnry State of Maryland Coady of Baltimore Ou Ibis l9th day of Novensber, A.D. 2019, before the subscriber, a Notary Public of the State of Mmytnnd, duty commissioned mud qualified, Robert 1), alnrrny, Vice President load Down E. Brown, secetnry of Use Companies, to nee personally known to be the individuals toll oflieers described in and who executed file preceding insamatenl, Part ncknowledged tiro execution of smnc, mid being by law duly sworn, depowih land soil), lint he /she is the said officer of line Company aforesaid, mid ulna the souls affixed to the preceding instrument are lite C'orpomle Seals of said Companies, and final the said Collimate Seals and the signature its such officer were duty a0ivcd and subscribed to the said inslomicnt by ilia authority and direction of the said Corporations. IN TESTIMONY WDEP10F, Dave Hereunto, se ny hand and affixed lily Official Seat ilia tiny and year first above written MYCmmnissian Expires: July9,2023 EXTRACT FROM BY -LAWS OF THE COMPANIES "Article V, Section 8, M(orneys- in -Pnet. The Chhcf Executive Officer, the President, e• ally Executive Vice President or Vice President may, by written instrument under the attested corporate seal, Appoint ntiorncys -in -fact with authority to execute bonds, policies, recognivmces, stipulations, undertakings, at, other like instruments on behalf or the Company, And may Authorize ally officer or ally such n0orney -ill-('act to Affix the corporate seal (herela; and may will or without cause modify of revoke ally such Appointment at- Authority at Any tiara." CERTIFICATE 1, tic undaroigued, Vice Prusidanr of Ilia ZURICH Ai41ERICAN INSURANCE C'OA- IPANY, due COLONIAL AMERICAN CASUALTY AND SURE'T'Y COMPANY, And the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify (flat tine foregoing lower orAOorney is still in fall ]area And effect on the date of This cerliiicnle; and I do lurllrcr certify Ilia( Article V, Section 8, of Ora By -Lows of ilia Companies is still in force. This Power of Attorney And Certificate cony be signed by facsimile under and by nnlirerity of file following resolution of the Board of Directors orilto ZURICH AMERICAN INSURANCE COMPANY al a meeting duly called Aral held on the 15th (illy of December 1998. RESOLVED: "']'fill( the siguahire of the President or It Vice President And the Attesting signature of it Secretary or all Assistant Secretary And the Seal of the Company [ally be affixed by facsimile on any Power or Allorney...Any such Power or any certi Hcatc thereof bearing such facsimile signature and sent shall be valid And binding on the Couapany." 'this Power or Attorney and Certificate any be signed by facsluuile under slid by authority of Ile Hallowing resolution of the Board of Directors of line COLONIAL AMERICAN CASUALTY AND SURETY COMPANY tit It meeting duly called And held oil ilia 5th day of May, 1994, and the following resolution of (lie Board of Directors of (tic FIDELITY AND DEPOSIT COMPANY OF MARYLAND at A meeting duly called mad held on lie 1011i day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signnture of ally Vice - President, Secretary, or Assistant Secretary of the Company, wholher made heretofore or hereafter, wherever Appearing upon a certified copy of any Fever of Attorney Issued by [tic Company, shnll be valid And binrliug upon (he Company with the snore force and effect As though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name nod Affixed the corporate seals of the said Companies, tills loth day of February 2023 Michael C. Pay, Vice President TO ltt;l'ORT A CLAIM tNITIi REGARD T0.9 SURE, TY BOND, PLEASE, SUBMITA COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, Ttm, BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196 -1056 www.roi)orisfelaiiiis@ztjricliiiii.cojii zuricluuu.cont 800 - 626.4577 Maintenance Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No: MNT9413970 KNOW ALL MEN BY THESE PRESENTS, That we EBCO General Contractor, Ltd.. as Principal (Developer anti Contractor), and Fidelity and Deposit Company of Maryland. as Sorely, are held and firmly bound onto the City of Owasso, Oklahoma, as Obligee, in the portal sum of Eleven Thousand Six Hundred Twenty One & NO /100THS DOLLARS ($11,621.00) to which payment will and truly to be made, we do bind ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. WHEREAS, the Principal will furnish a born) conditioned to guarantee, for the period ofTWO YEARS after final approval of the Caliber Collision, Owasso, OK — Water /Fire Line Taps Only, it privately financed pudic improvement, and acceptance of such by the City Council of the City of Owasso, Oklahoma, against all defects in workmanship an([ materials which may become apparcrtt in such privately fnaaoed public improvement during said period. NOW, THEREFORE, TIM CONDITION OF THIS OBLIGATION IS SUCH that the Principal anti /or Surety shall indetmtify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED, AND DATED: February 10, 2023 EBCO General Contractor, Ltd., Principal Fidelity and Deposit Company of arylurd, BY: Dawn-tiavis, Attorney -in -Fact Attach Power of Attorney ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OR ATTORNEY KNOW ALL MEN BY TI IESE PRESENTS:'Ilud the ZURICII AMERICAN INSURANCE COMPANY, a corporation or tile Stn(e or New York, the COLONIAL AMERICAN CASUAL'L'Y AND SURETY COMPANY, it corporation of the State of Illinois, and lire FIDELITY AND DEPOSYr COMPANY OF MARYLAND it corporation of the State of Illinois (hercia collectively called the "Companies "), by Robert D. Murrltg, Vice President, in pmsuauce of granted by Article V, Section R, of the By -Laws of said Companies, which me set fill (it on fhc reverse side hereof turd my hereby to tie is Iidl force and e`l'ect on the date hereof, do hemby nominate, constitute, and appoint, .Rohn 1). , Nov PERDUE, Delude D. DOAN, Krisli MEEK, down DAVIS, Wal(m• J. DELAROSA, Justin TATUM, Edward Ryan IIOWIXS and Christen T YNER, all of Dallas, Tvxns, EACH, its titre told lawful agent mil Altorney -in -peer, to make, execute, seat and deliver, for, and on its behalf ns surely, and as its lac( mid deem: tiny and 1111 banns unit undertakings, and ilia execution orsuch bonds or undertakings it) pursuance of (base pascals, shall be as binding upon said Companies, its filly find amply, to nil intents and purposes, its it they had been duly executed and acknowledged by ilia regularly elected officers of ilia ZURICH AMERICAN INSURANCE COMPANY kit its office in New York, Nov York., ilia regularly elected of(iccls of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY tit its office ill Owings Mills, Maryland., and ilia regularly elected offices of the FIDELITY AND DEPOSIT COMPANY 01', MARYLAND al its office in Owings Mills, Maryland., in their own proper parsons. The said Vice President does licreby cot(ify that the extract set forth mr the reverse side hereof is a true copy of Article V, Seel ion E, of the By -Lows of said Companies, nod is now to force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her Rnnles and affixed the Corporate Seals critic said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, atlry,FlDli ISIT MPANY OF MARY LAND, this 19th day ol'November, A.D. 2019. ATTEST: ZUICICII AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND Up: Bober/ D. Shim ay vice Presidenr Rip: Down E. Brown Secretray State of Maryland County of Baltimore On this 1911 day or November. A.D. 2019, before [Ito subscriber, a Notary Public of the Stale of Maryland, duly coannissiooed mad ifuniilied, Itnhert I). Murray, Vice President and Darn E, Brow, Secretary of the Companies, m me personally known to be the individuals and officers described in [Intl who executed Ilia preceding insVUnmm, and acimowtedged 1110 execution of same, ant[ being by ilia duly sworn, doposelh and snilb, trill he /she is Ilia said ofliaer of the Conqumy afuresaid, kind that tine seals affixed to the preceding inslmnwnr are the Corrpomte Seals of said Companies, and that tine said Corporate Seals and the signaaim its such officer were duly affixed kink subscribed to the said insh'nnwal by the nmhaily coal direction of the said Cmpontions• IN TESTIMONY WHEREOF, I have hereunto set my band and affixed my Official Sent the day nnl year first above )written Constance A. Octal, Nolnry Public My Commission Expires: July 9,2023 EXTRACT FROM BY -LAWS OF THE COMPANIES "Article V, Section R, Alfo'ncys -in -Pact. The Chief Executive Officer, the President, or tiny Excoutive Vice President or Vice President may, by written inshwnent under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like inshemonls at behalf of [Ito Company, and may authorize tiny officer Of ally such Idlorncy -in -fact to nflix the corporate seal thereto; and may with or without enusc Modify ofrevoke any such appointment or aulliorily at any lime." CERTIFICATE 1, the undersigned, Vice Ptcsideat of ltte ZURIC I ALkIERIC'AN INSURANCE COMPANY, flit COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, nod the FIDELITY AND DETOS11' COMPANY OF MARYLAND, do hereby certify that file foregoing Power of Allorney is still in fill force and effect on 111e elate of this certificate; and I do further certify that Article V, Section 5, of lute By -Ltws orilic Companies is still in force. This Power of Allomey and Certificate may be signed by ftcsimile under and by aulltmity of (lie IbIlowing resolution of Ilic Board or Directors of lite ZURICH AMERICAN INSURANCE COMPANY at n nweling duly called and held on the 15111 day of December 1995. RESOLVED: "That the signature of the ],resident or at Vice President and the attesting signature of a Secretary or an Assistant Secretary and fhe Seal of the Company may be affixed by facsimile on any Power orAlloracy ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Allorncy and Coilificale may be signed by ftcsimile under and by authority of the following resolution of the Board of Dircclots of the COLONIAL. AMERICAN CASUALTY AND SURETY COMPANY at it meeting duly called and held on the Sth clay of May, 1994, and the following resolution of the Board or Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND tit n meeting duly called and held uu [lie Will day of May, 1990. RESOLVED: "Thal the facsimile a' mechanically reproducal seal ol'Ihc company nud litesiniile or mmchnnically reproduced signnlurc of any Vice- President, Secrelmy, or Assistant Secretary of the Company, whether made heretofore or herenfer•, wherever appearing upon n certified copy of any power of attorney issued by the Company. $lint[ be valid and binding upon Zile Company with file same force and effect as though manually affixed. IN TES'11MONY WHEREOF, I have hereunto subscribed my mare and affixed the corporal; sends of the said Companies, this 10th day of February 2023 Kati Michael C. Pay, Vice President TO REPORTA CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196 -1056 www. renorlstiaa i nts(i�zurichna.cont 800 -626 -4577 TO: FROM: SUBJECT: DATE: The Honorable Mayor and City Council Julie Trout Lombardi City Attorney Resolutions 2023 -04, 2023 -05, 2023-06,2023-07 and 2023 -08 Approving Participation in Five (5) Additional Opioid Litigation Settlement Agreements March 31, 2023 BACKGROUND: The City of Owasso was approached several years ago by the law firms of McAfee & Taft and Fulmer Sill to discuss multi- district civil litigation against opioid manufacturers. This litigation was intended to combat the burgeoning opioid epidemic which arose out of decisions and actions of opioid manufacturers and distributors. The City Council met with attorneys from both firms at the Worksession on August 14, 2018, and again discussed the matter in executive session on October 9th and December 4th. On February 19, 2019, the City Council approved participation in the Opioid Litigation. The Resolution provided that any monies received in settlement of this litigation would be used solely for purposes of prevention, treatment, counseling or education related to the use of opioids and addiction. The Distributor's Settlement Agreement and the Janssen Oklahoma Subdivision Opioid Settlement Agreement were approved by the City Council on August 2, 2022, and monies are being received from those settlements. Counsel for the City has now recommended approval of five (5) additional settlements detailed below. Teva Settlement Agreement The proposed settlement with Teva will pay Oklahoma subdivisions up to $3.34 billion over a thirteen (13) year period, and will additionally provide either $1.2 billion of its generic version of the drug Narcon over ten (10) years or $240 million in cash in lieu of product as each state may select. Alleraan Settlement Aareement The proposed settlement with Allegan will pay up to $2.02 billion over a seven (7) year period. CVS Settlement Agreement The proposed settlement with CVS will pay up to $4.9 billion over ten (10) years. Walareens Settlement Agreement The proposed settlement with Walgreens will pay up to $5.52 million over fifteen (15) years. Walmart Settlement Aareement The proposed settlement with Walmart will pay up to $2.74 billion in 2023, and all additional payments will be made within six (6) years. The settlements detailed above consist of base payments and incentive payments. The more subdivisions in Oklahoma that participate, the more in incentive payments the defendants will pay. The settlement agreements also contain injunctive relief requiring the defendants to change the practices that contributed to the oral epidemic. The deadline to approve participation in these settlements is April 18, 2023. Resolutions 2023 -04, 2023 -05, 2023 -06, 2023 -07, 2023 -08 Page 2 RECOMMENDATION: Staff recommends approval of Resolutions 2023 -04, 2023 -05, 2023 -06, 2023 -07 and 2023 -08 authorizing participation in the five (5) settlement agreements above, and authorization to execute all necessary documents. ATTACHMENTS: Staff Memorandum dated July 28, 2022 Resolution No. 2023 -04 Resolution No. 2023 -05 Resolution No. 2023 -06 Resolution No. 2023 -07 Resolution No. 2023 -08 TO: The Honorable Mayor and City Council FROM: Julie Trout Lombardi City Attorney SUBJECT: Resolution 2022 -10 and Resolution 2022 -11, Approving Participation in Opioid Litigation Settlement Agreements DATE: July 28, 2022 BACKGROUND: The City of Owasso was approached several years ago by the law firms of McAfee & Taft and Fulmer Sill to discuss multi- district civil litigation against opioid manufacturers. This litigation was intended to combat the burgeoning opioid epidemic which arose out of decisions and actions of opioid manufacturers and distributors. The City Council met with attorneys from both firms at the Worksession on August 14, 2018, and again discussed the matter in executive session on October 9 +h and December 4th. On February 19, 2019, the City Council approved participation in the Opioid Litigation (Amended Resolution No. 2018 -16 attached hereto). The Resolution provided that any monies received in settlement of this litigation would be used solely for purposes of prevention, treatment, counseling or education related to the use of opioids and addiction. Over three (3) years later, two (2) settlements have been proposed. Both settlements are individually outlined below. Distributor's Oklahoma Settlement Agreement This proposed settlement is with the "Big 3" distributors: McKesson Corporation, AmerisourceBergen and Cardinal Health. The maximum, total amount to be divided amongst the participating municipalities is $293,740,207.19, payable over an eighteen (18) year period with the first two (2) years of payments to be made on December 1, 2022, if all deadlines are met. Attorney fees (25 %) and expenses will be deducted from this amount and attorney fees will be paid over a seven (7) year period. Owasso's proposed allocation of this award is 1.034% which equals approximately $978,200.00. These allocations were calculated by the expert economist retained in this litigation, Dr. Christopher Ruhm, and are based upon objective data of opioid - related deaths, opioid shipments and the municipal budget for the relevant years. This settlement requires that eighty -five percent (85 %) of the total payments to subdivisions be used for opioid remediation /abatement. The attached White Paper outlines permitted remediation uses. Janssen Oklahoma Subdivision Opioid Settlement Aareement Janssen is a Johnson & Johnson company and the Settlement Agreement specifically includes Johnson & Johnson. The total amount of the proposed Janssen settlement is $14,020,446.75, and, like the Distributor's Settlement, requires 100% by participating municipalities. if approved, the settlement amount will be paid by Janssen in one (1) payment within thirty (30) days after the participation date. This necessarily means that the settlement amount will be paid in 2022. Owasso's allocation under this proposed settlement is 1.034% which equates to a gross payment of $187,600.00. Attorney fees (25 %) and costs will be deducted from that amount. Proceeds from this settlement agreement must be used to remediate the harm caused by Janssen or to provide restitution for such harms. Resolutions 2022 -10, 2022 -11 Page 2 RECOMMENDATION: Staff recommends approval of Resolution 2022 -10 and Resolution 2022 -11, authorizing participation in the Distributor's Oklahoma Settlement Agreement and the Janssen Oklahoma Subdivision Opioid Settlement Agreement, and authorization to execute all necessary documents. ATTACHMENTS: Resolution No. 2022 -10 Resolution No. 2022 -11 Distributors Oklahoma Settlement Agreement Janssen Oklahoma Subdivision Opioid Settlement Agreement Exhibit 1 Distributor Settlement Agreement (Global) Memo of Understanding with State (Sharing Agreement) Addendum to Sharing Agreement with State Settlement Participation Form, Exhibit G White Paper on Abatement Purposes under Distributor Settlement with Exhibit E, Opioid Remediation Uses Amended Resolution 2018 -16 approving participation in the Opioid Litigation CITY OF OWASSO, OKLAHOMA RESOLUTION 2023 -04 A RESOLUTION TO APPROVE PARTICIPATION IN TEVA SETTLEMENT AGREEMENT WHEREAS, pharmaceutical opioids have harmed the City of Owasso, Oklahoma and its citizens. This harm was created and exacerbated by the misconduct and illegal activities of pharmaceutical supply chain participants, including Teva Pharmaceutical Industries, Ltd. ( "Teva "). WHEREAS, the City of Owasso, Oklahoma filed suit to address and seek recovery for the harms caused to it and its citizens. WHEREAS, Teva has agreed to settle the claims of the State of Oklahoma and certain Oklahoma subdivisions in the Teva Settlement Agreement dated November 22, 2022. THEREFORE, it was duly moved and seconded that the following resolution be adopted. THEREFORE, BE IT RESOLVED THAT: the City of Owasso, Oklahoma hereby elects to participate, and hereby approves its participation in, the Teva Settlement Agreement, authorizes the Mayor, or the Mayor's designee, to execute the Subdivision Participation and Release Form contained in the Teva Settlement Agreement as Exhibit K (including executing such Participation Form electronically or in paper form), and agrees to the terms set forth in the Participation Form, including dismissal with prejudice of the City of Owasso's claims against Teva. THEREFORE, BE IT RESOLVED THAT: the City of Owasso, Oklahoma hereby approves the Teva State - Subdivision Agreement, and further ratifies the actions of its legal counsel in executing documents necessary for the City of Owasso to participate in the Teva State - Subdivision Agreement and the Teva Settlement Agreement. THEREFORE, BE IT RESOLVED THAT: the City of Owasso, Oklahoma hereby approves the Teva State Back -Stop Agreement, and further ratifies the actions of its legal counsel in executing documents necessary for the City of Owasso to participate in the Teva State Back -Stop Agreement and the Teva Settlement Agreement. THEREFORE, BE IT RESOLVED THAT: the City of Owasso, Oklahoma, further authorizes its Mayor and legal counsel to take all actions required by the Teva Settlement Agreement, and other agreements related to the Teva Settlement Agreement, for the benefit of the City of Owasso, Oklahoma, including executing any documents required to finalize the participation of the City of Owasso, Oklahoma in the Teva Settlement Agreement. ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: PASSED AND APPROVED this 41h day of April, 2023. Kelly Lewis, Mayor Julie Lombardi, City Attorney CITY OF OWASSO, OKLAHOMA RESOLUTION 2023 -05 A RESOLUTION TO APPROVE PARTICIPATION IN ALLERGAN SETTLEMENT AGREEMENT WHEREAS, pharmaceutical opioids have harmed the City of Owasso, Oklahoma and its citizens. This harm was created and exacerbated by the misconduct and illegal activities of pharmaceutical supply chain participants, including Allergan Finance L.L.C. and Allergan Limited (f /k /a Allergan plc, which, in turn, was f /k /a Actavis pls (collectively "Allergan "). WHEREAS, the City of Owasso, Oklahoma filed suit to address and seek recovery for the harms caused to it and its citizens. WHEREAS, Allergan has agreed to settle the claims of the State of Oklahoma and certain Oklahoma subdivisions in the Allergan Settlement Agreement dated November 22, 2022. THEREFORE, it was duly moved and seconded that the following resolution be adopted. THEREFORE, BE IT RESOLVED that the City of Owasso, Oklahoma hereby elects to participate, and hereby approves its participation in, the Allergan Settlement Agreement, authorizes the Mayor, or the Mayor's designee, to execute the Subdivision Participation and Release Form contained in the Allergan Settlement Agreement as Exhibit K (including executing such Participation Form electronically or in paper form), and agrees to the terms set forth in the Participation Form, including dismissal with prejudice of the City of Owasso's claims against Allergan. THEREFORE, BE IT RESOLVED THAT: the City of Owasso, Oklahoma hereby approves the Allergan State - Subdivision Agreement, and further ratifies the actions of its legal counsel in executing documents necessary for the City of Owasso to participate in the Allergan State- Subdivision Agreement and the Allergan Settlement Agreement. THEREFORE, BE IT RESOLVED THAT: the City of Owasso, Oklahoma hereby approves the Allergan State Back -Stop Agreement, and further ratifies the actions of its legal counsel in executing documents necessary for the City of Owasso to participate in the Allergan State Back -Stop Agreement and the Allergan Settlement Agreement. THEREFORE, BE IT RESOLVED THAT: the City of Owasso, Oklahoma, further authorizes its Mayor and legal counsel to take all actions required by the Allergan Settlement Agreement, and the other agreements related to the Allergan Settlement Agreement referenced herein, for the benefit of the City of Owasso, Oklahoma, including executing any documents required to finalize the participation of the City of Owasso, Oklahoma in the Allergan Settlement Agreement. ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: PASSED AND APPROVED this 4th day of April, 2023. Kelly Lewis, Mayor Julie Lombardi, City Attorney CITY OF OWASSO, OKLAHOMA RESOLUTION 2023 -06 A RESOLUTION TO APPROVE PARTICIPATION IN CVS SETTLEMENT AGREEMENT WHEREAS, pharmaceutical opioids have harmed the City of Owasso, Oklahoma and its citizens. This harm was created and exacerbated by the misconduct and illegal activities of pharmaceutical supply chain participants, including CVS Health Corporation and CVS Pharmacy, Inc. (collectively "CVS "). WHEREAS, the City of Owasso, Oklahoma has claims against CVS and/or has filed or will file suit to address and seek recovery for the harms caused to it and its citizens. WHEREAS, CVS has agreed to settle the claims of the State of Oklahoma and certain Oklahoma subdivisions in the CVS Settlement Agreement dated December 9, 2022. THEREFORE, it was duly moved and seconded that the following resolution be adopted. THEREFORE, BE IT RESOLVED THAT: the City of Owasso, Oklahoma hereby elects to participate, and hereby approves its participation in, the CVS Settlement Agreement, authorizes the Mayor of the City of Owasso, or the Mayor's designee, to execute the Subdivision Participation and Release Form contained in the CVS Settlement Agreement as Exhibit K (including executing such Participation Form electronically or in paper form), and agrees to the terms set forth in the Participation Form, including dismissal with prejudice of the City of Owasso's claims against CVS. THEREFORE, BE IT RESOLVED THAT: the City of Owasso, Oklahoma hereby approves the Retailer State - Subdivision Agreement, and further ratifies the actions of its legal counsel in executing documents necessary for the City of Owasso to participate in the Retailer State - Subdivision Agreement and the CVS Settlement Agreement. THEREFORE, BE IT RESOLVED THAT: the City of Owasso, Oklahoma hereby approves the CVS State Back -Stop Agreement, and further ratifies the actions of its legal counsel in executing documents necessary for the City of Owasso to participate in the CVS State Back -Stop Agreement and the CVS Settlement Agreement. THEREFORE, BE IT RESOLVED THAT: the City of Owasso, Oklahoma, further authorizes its Mayor and legal counsel to take all actions required by the CVS Settlement Agreement, and the other agreements related to the CVS Settlement Agreement referenced herein, for the benefit of the City of Owasso, Oklahoma, including executing any documents required to finalize the participation of the City of Owasso, Oklahoma in the CVS Settlement Agreement. ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: PASSED AND APPROVED this 4 +h day of April, 2023. Kelly Lewis, Mayor Julie Lombardi, City Attorney RESOLUTION OF THE CITY OF OWASSO, OKLAHOMA RESOLUTION 2023 -07 A RESOLUTION TO APPROVE PARTICIPATION IN WALGREENS SETTLEMENT AGREEMENT WHEREAS, pharmaceutical opioids have harmed the City of Owasso, Oklahoma and its citizens. This harm was created and exacerbated by the misconduct and illegal activities of pharmaceutical supply chain participants, including Walgreens Co. ( "Walgreens "). WHEREAS, the City of Owasso, Oklahoma has claims against Walgreens and /or has filed suit to address and seek recovery for the harms caused to it and its citizens. WHEREAS, Walgreens has agreed to settle the claims of the State of Oklahoma and certain Oklahoma subdivisions in the Walgreens Settlement Agreement dated December 9, 2022. THEREFORE, it was duly moved and seconded that the following resolution be adopted. THEREFORE, BE IT RESOLVED THAT: the City of Owasso, Oklahoma hereby elects to participate, and hereby approves its participation in, the Walgreens Settlement Agreement, authorizes the Mayor, or the Mayor's designee, to execute the Subdivision Participation and Release Form contained in the Walgreens Settlement Agreement as Exhibit K (including executing such Participation Form electronically or in paper form), and agrees to the terms set forth in the Participation Form, including dismissal with prejudice of the City of Owasso's claims against Walgreens. THEREFORE, BE IT RESOLVED THAT: the City of Owasso, Oklahoma hereby approves the Retailer State - Subdivision Agreement, and further ratifies the actions of its legal counsel in executing documents necessary for the City of Owasso to participate in the Retailer State - Subdivision Agreement and the Walmart Settlement Agreement. THEREFORE, BE IT RESOLVED THAT: the City of Owasso, Oklahoma hereby approves the Walgreens and Walmart State Back -Stop Agreement, and further ratifies the actions of its legal counsel in executing documents necessary for the City of Owasso to participate in the Walgreens and Walmart State Back -Stop Agreement and the Walgreens Settlement Agreement. THEREFORE, BE IT RESOLVED THAT: City of Owasso, Oklahoma, further authorizes its Mayor and legal counsel to take all actions required by the Walgreens Settlement Agreement, and the other agreements related to the Walgreen Settlement Agreement referenced herein, for the benefit of the City of Owasso, Oklahoma, including executing any documents required to finalize the participation of the City of Owasso, Oklahoma in the Walgreens Settlement Agreement. ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: PASSED AND APPROVED this 41h day of April, 2023. Kelly Lewis, Mayor Julie Lombardi, City Attorney CITY OF OWASSO, OKLAHOMA RESOLUTION 2023 -08 A RESOLUTION TO APPROVE PARTICIPATION IN WALMART SETTLEMENT AGREEMENT WHEREAS, pharmaceutical opioids have harmed the City of Owasso, Oklahoma and its citizens. This harm was created and exacerbated by the misconduct and illegal activities of pharmaceutical supply chain participants, including Walmart, Inc. ( "Walmart "). WHEREAS, the City of Owasso, Oklahoma filed suit to address and seek recovery for the harms caused to it and its citizens. WHEREAS, Walmart has agreed to settle the claims of the State of Oklahoma and certain Oklahoma subdivisions in the Walmart Settlement Agreement dated November 14, 2022. THEREFORE, it was duly moved and seconded that the following resolution be adopted. THEREFORE, BE IT RESOLVEDT THAT: the City of Owasso, Oklahoma hereby elects to participate, and hereby approves its participation in, the Walmart Settlement Agreement, authorizes the Mayor, or the Vice Mayor, to execute the Subdivision Participation and Release Form contained in the Walmart Settlement Agreement as Exhibit K (including executing such Participation Form electronically or in paper form), and agrees to the terms set forth in the Participation Form, including dismissal with prejudice of the City of Owasso's claims against Walmart. THEREFORE, BE IT RESOLVED THAT: the City of Owasso, Oklahoma hereby approves the Retailer State - Subdivision Agreement, and further ratifies the actions of its legal counsel in executing documents necessary for the City of Owasso to participate in the Retailer State - Subdivision Agreement and the Walmart Settlement Agreement. THEREFORE, BE IT RESOLVED THAT: the City of Owasso, Oklahoma hereby approves the Walgreens and Walmart State Back -Stop Agreement, and further ratifies the actions of its legal counsel in executing documents necessary for the City of Owasso to participate in the Walgreens and Walmart State Back -Stop Agreement and the Walmart Settlement Agreement. THEREFORE, BE IT RESOLVEDTHAT: the City of Owasso, Oklahoma, further authorizes its Mayor and legal counsel to take all actions required by the Walmart Settlement Agreement, and the other agreements related to the Walmart Settlement Agreement referenced herein, for the benefit of the City of Owasso, Oklahoma, including executing any other documents required to finalize the participation of the City of Owasso, Oklahoma in the Walmart Settlement Agreement. ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: PASSED AND APPROVED this 4th day of April, 2023. Kelly Lewis, Mayor Julie Lombardi, City Attorney TO: The Honorable Mayor and City Council FROM: Juliann M. Stevens, City Clerk SUBJECT: Ordinance 1207, Establishing New City Council Ward Boundaries DATE: March 31, 2023 BACKGROUND: Proposed Ordinance 1207 would establish new City Council ward boundaries as required by the City's Charter and state statute that as soon as practicable following each federal census, the municipal governing body shall review the ward boundaries and make changes, if necessary, so that the wards are formed of compact and contiguous territory and are substantially equal in population. Utilizing the Indian Nations Council of Governments ( INCOG) data analysis services and the 2020 Census, new ward boundaries reflecting population density changes and better distributing the City's population throughout the five (5) wards are being requested. INCOG ANALYSIS: Following the 2020 Census, fhe City of Owasso's population was determined to be 38,254 people. An equal distribution of the population within each of the five (5) wards would be approximately 7,600 people. Based on the Census data and the criteria for redistricting, INCOG developed two options for possible ward boundary changes, each meeting the legal criteria. The current distribution of the population by ward compared to each option are as follows: Ward Current Plan 1 Change from Plan 2 Change from Population Population Current Population Current 2 9,904 7,692 -2,212 7,652 -2,252 8,050 7,607 -443 7,605 -445 6,927 7,587 660 7,677 750 6,119 7,587 1,468 7,609 1,490 7,254 7,781 527 7,711 457 In addition, secondary criteria has been considered, such as the use of major physical features, such as creeks, expressways, and arterial streets, in order to provide clear and concise ward boundaries. PUBLIC HEARING: During the February 14, 2023, Worksession meeting of the City Council, staff presented maps and data for the current ward boundaries and Plan 1 and Plan 2. A public hearing was held March 7, 2023 to receive citizen comments regarding both Plans. There were no comments made during the public hearing.. RECOMMENDATION: Staff recommends adoption of Ordinance 1207, establishing new City Council ward boundaries, as shown in the attached Plan 1 map provided by INCOG. ATTACHMENT: Ordinance 1207 with Plan 1 Map OWASSO, OKLAHOMA ORDINANCE NO. 1207 AN ORDINANCE AMENDING PART 1, CHAPTER 2, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, ESTABLISHING THE BOUNDARIES OF THE WARDS OF THE CITY OF OWASSO, OKLAHOMA, PROVIDING THAT FROM AND AFTER PASSAGE AND PUBLICATION OF THIS ORDINANCE, ALL PERSONS RESIDING IN THE CITY OF OWASSO SHALL BE ASSIGNED BY LOCATION OF THEIR RESIDENCE TO ONE OF THE FIVE WARDS, AND DIRECTING THE FILING OF THIS ORDINANCE WHEREAS, Pursuant to the provisions of Title 11, Section 20 -101, et. Seq, of the Statutes of the State of Oklahoma, the City of Owasso following each federal census shall review ward boundaries and, if necessary, shall change the boundaries so that the wards are formed of compact and contiguous territory and are substantially equal in population; and, WHEREAS, The City Council of the City of Owasso conducted such a review and found it necessary to change ward boundaries. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA THAT; SECTION ONE (1): Part 1, Chapter 2, Section 1 -201, of the Code of Ordinances of the City of Owasso, Oklahoma shall be amended to read as follows: SECTION 1 -201 WARDS AND BOUNDARIES The boundaries of the wards of the City of Owasso, Oklahoma shall be as follows: Ward 1 ALL OF that part of the territory included within the corporate limits of the City of Owasso, Oklahoma, in the Sections 1 and 12, Township 21 North, Range 13 East; and Sections 4, 5, 6, 7, 8 and 9 Township 21 North Range 14 East; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 3 Township 21 North Range 14 East lying in the SW/4 SW/4 of said section; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 10 Township 21 North Range 14 East that is north of the following described boundary. Beginning at a point being the centerlines of North 145th East Avenue and East 11Th Court North, thence east along the centerline of East 111th Court North to the centerline of North 145th Place East; thence south along the centerline of North 145th Place East to the centerline of East 111th Place North; thence east along the centerline of East 111th Place North to the centerline of North 146th East Avenue; thence north along the centerline of North 146th East Avenue to the centerline of East 111th Court North; thence east along the centerline of East 111th Court North to the centerline of North 148th East Avenue; thence south along the centerline of North 148th East Avenue to the centerline of East 110th Circle North; thence northeast along the centerline of East 110th Circle North and an imaginary extension of said road to the corporate limit boundary. Ward 2 ALL OF all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 18 Township 21 North Range 14 East; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 13 Township 21 North Range 13 East lying east of the SK &O Railroad right of way; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 17 Township 21 North Range 14 East lying west of the centerline of the southbound lanes of US Highway 169 /Mingo Valley Expressway /Pearl Harbor Expressway; Ordinance 1207 Page I of 5 AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 24 Township 21 North Range 13 East lying east of the SK &O Railroad right of way in the NE/4 of said section; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 19 Township 21 North Range 14 East lying west of the following described boundary. Beginning at a point being the centerlines of East 96th Street North and North 104th East Avenue; thence south along the centerline of North 104th East Avenue to the centerline of North 105th East Avenue; thence southeasterly along the centerline of North 105th East Avenue to the centerline of Ranch Creek; thence southwesterly along the centerline of Ranch Creek to the north line of the SE/4 of the SW/4 of Section 19 Township 21 North Range 14 East; thence west and south along the north and west sides of said SE/4 of the SW/4 of Section 19 Township 21 North Range 14 East to the centerline of East 861h Street North, Ward 3 ALL OF that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Sections 15,16 and 21 Township 21 North Range 14 East; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 10 Township 21 North Range 14 East that is south of the following described boundary. Beginning at a point being the centerlines of North 145th East Avenue and East 111th Court North, thence east along the centerline of East 111th Court North to the centerline of North 1451h Place East; thence south along the centerline of North 145th Place East to the centerline of East 111th Place North; thence east along the centerline of East 111th Place North to the centerline of North 146th East Avenue; thence north along the centerline of North 146th East Avenue to the centerline of East 111th Court North; thence east along the centerline of East 111th Court North to the centerline of North 148th East Avenue; thence south along the centerline of North 1481h East Avenue to the centerline of East 1 10th Circle North; thence northeast along the centerline of East 110th Circle North and an imaginary extension of said road to the corporate limit boundary; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 20 Township 21 North Range 14 East lying east of the centerline of the southbound lanes of US Highway 169/Mingo Valley Expressway/Pearl Harbor Expressway; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 22 Township 21 North Range 14 East lying north and west of the following described boundary. Beginning at a point being the centerlines of North 1451h East Avenue and East 89th Street North; thence east along the centerline of East 89th Street North to the centerline of North 149th East Avenue; thence north along the centerline of North 149th East Avenue to the corporate limit boundary; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 28 Township 21 North Range 14 East being the East 86th Street North Road and right of way lying in the N/2 NW/4 NE/4 of said section; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 17 Township 21 North Range 14 East lying east of the centerline of the southbound lanes of US Highway 169 /Mingo Valley Expressway /Pearl Harbor Expressway. Ward 4 ALL OF that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Sections 25, 26, 35 and 36 Township 21 North Range 13 East and Sections 30 and 31 Township 21 North Range 14 East; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 13 Township 21 North Range 13 East lying along the west line of said section in the 100' fence line; Ordinance 1207 Page 2 of 5 AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 24 Township 21 North Range 13 East lying along the west line of said section in the 100' fence line and that territory east of the SK &O Railroad right of way in the SE/4 SEM of said section; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 19 Township 21 North Range 14 East lying east of the following described boundary. Beginning at a point being the centerlines of East 96th Street North and North 104th East Avenue; thence south along the centerline of North 104th East Avenue to the centerline of North 105th East Avenue; thence southeasterly along the centerline of North 105th East Avenue to the centerline of Ranch Creek; thence southwesterly along the centerline of Ranch Creek to the north line of the SE/4 SW/4 of said section, thence east along said north line to the west line of the SE/4 of said section; thence south along the west line of SE/4 to the centerline of East 861h Street North; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 20 Township 21 North Range 14 East lying west of the centerline of the southbound lanes of US Highway 169/Mingo Valley Expressway/Pearl Harbor Expressway; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 29 Township 21 North Range 14 East lying west of the following defined boundary. Beginning at a point being the centerlines of East 86th Street North and North 123rd East Avenue; thence southwesterly along the centerline of North 123rd East Avenue to the intersection of the centerlines of East 83rd Street North and North 122nd East Avenue; thence southerly along the centerline of North 122nd East Avenue to the centerline of East 76th Street North and south line of said section; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 32 Township 21 North Range 14 East lying in the west half of said section LESS AND EXCEPT the 100' fence line along the south line of Section 32 Township 21 North Range 14 East to the east right of way line of North 115th East Avenue. Ward 5 ALL OF that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 2 Township 20 North Range 14 East, and Sections 1, 2, 11, 14, 23, 26, 27, 28, 33, 34, 35 and 36 Township 21 North Range 14 East, and Sections 4, 5, 6, 9, 16, 21, 28, 29, 30, 31 and 32 Township 21 North Range 15 East; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 3 Township 21 North Range 14 East along the north line of said section within the 100' fence line; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 22 Township 21 North Range 14 East lying south and east of the following described boundary. Beginning at a point being the centerlines of North 145th East Avenue and East 891h Street North; thence east along the centerline of East 891h Street North to the centerline of North 149th East Avenue; thence north along the centerline of North 149th East Avenue to the corporate limit boundary; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 29 Township 21 North Range 14 East lying east of the following defined boundary. Beginning at a point being the centerlines of East 86th Street North and North 123rd East Avenue; thence southwesterly along the centerline of North 123rd East Avenue to the intersection of the centerlines of East 83rd Street North and North 122nd East Avenue; thence southerly along the centerline of North 122nd East Avenue to the centerline of East 76th Street North and south line of said section; AND ALSO all that part of the territory included within the corporate limits of the City of Owasso, Oklahoma in Section 32 Township 21 North Range 14 East lying in the E/2 of said section and within the 100' fence line along the south line to the east right of way line for North 115th East Avenue LESS AND EXCEPT all that part of the territory included within the corporate limits of the Ordinance 1207 Page 3 of 5 City of Owasso, Oklahoma in Section 28 Township 21 North Range 14 East being the East 86th Street North Road and right of way lying in the N/2 NW /4 NE/4 of said section. SECTION TWO (2): WARD MAP The official Owasso Ward Boundaries Map shall be made part of this Ordinance and shall be on file at the office of the City Clerk of the City of Owasso, Oklahoma for public review. SECTION THREE (3): REPEALER All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION FOUR (4): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION FIVE (5): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION SIX (6): CODIFICATION This ordinance shall be adopted and codified in Part 1, Chapter 2, as Section 1 -201 in the Owasso Code of Ordinances. PASSED AND APPROVED this 4th day of April, 2023. Kelly Lewis, Mayor ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney Ordinance 1207 Page 4 of 5 trp Legend Ward Boundary Imo, iE116]H� N LJ3 _ L a s Iu I�I I— r O� �p 1.1]1M,RlfE � � �' 4- mMRf4E Q'mR•R1H r L. FM r_ Ea61N 5TN - N^Y MelYr B I i 911 "t �I I E1111 Srx TRU 1>RiMJ r— IQ'mn' -R a1E ^• IQ' U- I / 1 p, L, / E 'EW FN I 31- nI,HLyaF "r � 19 -mN -R I�E 30.R1N -RIH 11- mN-RiH - mro,a� �la1N•RSXR r _ Ry! 9Pn1X -R1� E➢-mN \�N1111\ \I FQ-`mX�.N_)l /E `III I` 'r31 .RIH y' TIt bJr 1 \lip ? 1 / 1 II 1 !! 35 1Q- mN#IlE 1Q- m11#1lE 3. .Ri1Q 1.nEN�iyl1r4�=. �C S]- mN-RiI,E a 31- mM.R11E 35.mMl�fE LINCOG / I i >- mN•RUT - -I I I o-� / I �7 L'.>11N.PSR! SQ- 111N•PIlE 1hmN•raY I 2anlx -0.1 E H 00- mX -R15E 33-T31H -R 15gs 4'2a -11I N -R]SE 5OE�=VIUE RU bb 6 = =6 5- RIN -p19! LmN -RER! 32J21FRm 1 rl Ordinance 1207 Owasso City Council Districts - Proposed Ward Boundaries Page 5of5 Niren[Tme: ]/]/XI]13:I99N r--T� s9uNe SOm vice x9/n>t RetllRntllq wv Qx 0 0.5 1miles TO: The Honorable Mayor and City Council FROM: Carly Novozinsky, Finance Director SUBJECT: Contract for Auditing Services DATE: March 31, 2023 BACKGROUND: The City Charter and state statutes require that an independent accountant perform an audit of the City's finances annually. In April 2020, the City accepted proposals for auditing services from public accounting firms. The proposal from BT & Co., PA was selected, and the City contracted with them to perform auditing services for fiscal year 2020 and 2021, with options to renew until 2024. As outlined by the 2020 five -year proposal, the fiscal year 2023 base fee of $52,000 for BT & Co., PA auditing services related to the City and its Trust Authorities is $1,000 higher than the fiscal year 2022 contract. Federal grant audits, if required under the Single Audit Act, would continue to be billed at $4,000 each. RECOMMENDATION: Staff recommends approval of a contract with BT & Co., PA of Topeka, Kansas, in the amount of $52,000, related to auditing services for the City and its Trust Authorities; and $4,000, each, for any federal grant audits required under the Single Audit Act. ATTACHMENT: BT & Co., PA Audit Arrangement Letter March 20, 2023 Honorable Mayor and City Council City of Owasso, Oklahoma City Municipal Building 200 S. Main Street Owasso, Oklahoma 74055 The Objective and Scope of the Audit of the Financial Statements You have requested that we audit the City of Owasso, Oklahoma's (the City's) governmental activities, business -type activities, discretely presented component unit, each major fund and aggregate remaining fund information as of and for the year ended June 30, 2023 which collectively comprise the basic financial statements. We will also apply certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America (GARS) and will report on whether supplementary information is fairly stated, in all material respects, in relation to the financial statements as a whole. We are pleased to confirm our acceptance and our understanding of this audit engagement by means of this letter. The objectives of our audit are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor's report that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS and Government Auditing Standards issued by the Comptroller General of the United States (GAS) will always detect a material misstatement when it exists. Misstatements can arise from fraud or error and are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. You have also requested that BT &Co., P.A. perform the audit of the City as of June 30, 2023 to satisfy the audit requirements imposed by the Single Audit Act and Subpart F of Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (the Uniform Guidance). An Independently Owned Member, RSM US Alliance RSM US Allianm member firms are separate and independent businesses and legal entitles that are responsible for their own acts and omissions, and each are separate and Independent from RSM US LLP. RSM US LLP is the US. member firm of RSM Intemationa 1, a global network of independent audit, tax. and consulting firms. Members of RSM US Alliance have access to RSM International resources through RSM US LLP but are not member firms of RSM International. Honorable Mayor and City Council City of Owasso, Oklahoma Page 2 The Responsibilities of the Auditor We will conduct our audit in accordance with GAAS; the Oklahoma state laws applicable to municipal accounting and finance; GAS; the Uniform Guidance, and U.S. Office of Management and Budget's (OMB) Compliance Supplement. Those standards, regulations, supplements or guides require that we comply with applicable ethical requirements. As part of an audit in accordance with GAAS, GAS, and the Uniform Guidance, we exercise professional judgment and maintain professional skepticism throughout the audit. We also: • Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for our opinion. • Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. However, we will communicate to you in writing concerning any significant deficiencies or material weaknesses in internal control relevant to the audit of the financial statements that we have identified during the audit. • Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements, including the disclosures, and whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. • Conclude, based on the audit evidence obtained, whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the City's ability to continue as a going concern for a reasonable period of time. Because of the inherent limitations of an audit, together with the inherent limitations of internal control, an unavoidable risk that some material misstatements may not be detected exists, even though the audit is properly planned and performed in accordance with GAAS and GAS. Because the determination of waste or abuse is subjective, GAS does not require auditors to perform specific procedures to detect waste or abuse in financial statement audits. We will communicate to the City Council (a) any fraud involving senior management and fraud (whether caused by senior management or other employees) that causes a material misstatement of the financial statements that becomes known to us during the audit, and (b) any instances of noncompliance with laws and regulations that we become aware of during the audit (unless they are clearly inconsequential). Honorable Mayor and City Council City of Owasso, Oklahoma Page 3 We are responsible for the compliance audit of major programs under the Uniform Guidance, including the determination of major programs, the consideration of internal control over compliance, and reporting responsibilities. Our report on internal control will include any significant deficiencies and material weaknesses in controls of which we become aware as a result of obtaining an understanding of internal control and performing tests of internal control consistent with requirements of the standards and regulations identified above. Our report on compliance matters will address material errors, fraud, violations of compliance obligations, and other responsibilities imposed by state and federal statutes and regulations or assumed by contracts; and any state or federal grant, entitlement or loan program questioned costs of which we become aware, consistent with requirements of the standards and regulations identified above. We will maintain our independence in accordance with the standards of the American Institute of Certified Public Accountants and GAS. The Responsibilities of Management and Identification of the Applicable Financial Reporting Framework Management is responsible for: 1. Identifying and ensuring that the City complies with the laws and regulations applicable to its activities, and for informing us about all known violations of such laws or regulations, other than those that are clearly inconsequential; 2. The design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the City involving management, employees who have significant roles in internal control, and others where the fraud could have a material effect on the financial statements; and 3. Informing us of its knowledge of any allegations of fraud or suspected fraud affecting the City received in communications from employees, former employees, analysts, regulators, short sellers, vendors, customers or others. Management is responsible for the preparation of the required supplementary information which accounting principles generally accepted in the United States of America (U.S. GAAP) require to be presented to supplement the basic financial statements. Management is also responsible for the preparation of the supplementary information presented in relation to the financial statements as a whole in accordance with U.S. GAAP. Management agrees to include the auditor's report on the supplementary information in any document that contains the supplementary information and indicates that the auditor has reported on such supplementary information. Management also agrees to present the supplementary information with the audited financial statements or, if the supplementary information will not be presented with audited Honorable Mayor and City Council City of Owasso, Oklahoma Page 4 financial statements, to make the audited financial statements readily available to the intended users of the supplementary information no later than the date of issuance of the supplementary information and the auditor's report thereon. The City Council is responsible for informing us of its views about the risks of fraud, waste or abuse within the City, and its knowledge of any fraud, waste or abuse or suspected fraud, waste or abuse affecting the City. Our audit will be conducted on the basis that management and, when appropriate, those charged with governance acknowledge and understand that they have responsibility: 1. For the preparation and fair presentation of the financial statements in accordance with U.S. GAAP; 2. To evaluate subsequent events through the date the financial statements are issued or available to be issued, and to disclose the date through which subsequent events were evaluated in the financial statements. Management also agrees that it will not conclude on subsequent events earlier than the date of the management representation letter referred to below; 3. For the design, implementation and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error; 4. For establishing and maintaining effective internal control over financial reporting, and for informing us of all significant deficiencies and material weaknesses in the design or operation of such controls of which it has knowledge; 5. For report distribution; and 6. To provide us with: a. Access to all information of which management is aware that is relevant to the preparation and fair presentation of the financial statements including information relevant to disclosures; b. Draft financial statements, including information relevant to their preparation and fair presentation, when needed, to allow for the completion of the audit in accordance with the proposed timeline; c. Additional information that we may request from management for the purpose of the audit; and d. Unrestricted access to persons within the City from whom we determine it necessary to obtain audit evidence. In connection with our audit of the financial statements, our responsibility is to read the other information and consider whether a material inconsistency exists between the other information and the financial statements, or the other information otherwise appears to be materially misstated. If, based on the work Honorable Mayor and City Council City of Owasso, Oklahoma Page 5 performed, we conclude that an uncorrected material misstatement of the other information exists, we are required to describe it in our report. As part of our audit process, we will request from management and, when appropriate, those charged with governance written confirmation concerning representations made to us in connection with the audit, including among other items: 1. That management has fulfilled its responsibilities as set out in the terms of this Arrangement Letter; and That it believes the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. Because the audit will be performed in accordance with the Single Audit Act and the Uniform Guidance, management is responsible for (a) identifying all federal awards received and expended; (b) preparing and the fair presentation of the schedule of expenditures of federal awards (including notes and noncash assistance received) in accordance with Uniform Guidance requirements; (c) internal control over compliance; (d) compliance with federal statutes, regulations, and the terms and conditions of federal awards; (e) making us aware of significant vendor relationships where the vendor is responsible for program compliance; (t) following up and taking corrective action on audit findings, including the preparation of a summary schedule of prior audit findings and a corrective action plan; (g) timely and accurate completion of the data collection form and (h) submitting the reporting package and data collection form. Reporting We will issue a written report upon completion of our audit of the City's financial statements. Our report will be addressed to the City Council of the City. Circumstances may arise in which our report may differ from its expected form and content based on the results of our audit. Depending on the nature of these circumstances, it may be necessary for us to modify our opinion, or add an emphasis -of -matter paragraph or other -matter paragraph to our auditor's report. If circumstances arise relating to the condition of the City's records, the availability of appropriate audit evidence or indications of a significant risk of material misstatement of the financial statements because of error, fraudulent financial reporting or misappropriation of assets which, in our professional judgment, prevent us from completing the audit or forming an opinion, we retain the unilateral right to take any course of action permitted by professional standards, including, but not limited to, declining to express an opinion or issue a report, or withdrawing from the engagement. Honorable Mayor and City Council City of Owasso, Oklahoma Page 6 You have informed us that you desire us to issue a report on the basic financial statements of the City as of and for the year ended June 30, 2023 conforming only to the requirements of GARS. This reporting will not be used for purposes to comply with a requirement calling for an audit in accordance with GAS. In addition to our report on the City's financial statements, we will also issue the following reports: 1. A report on the fairness of the presentation of the City's schedule of expenditures of federal awards for the year ending June 30, 2023; 2. Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with GAS; 3. Report on Compliance for Each Major Federal Program and Report on Internal Control Over Compliance Required by the Uniform Guidance; 4. An accompanying schedule of findings and questioned costs. Records and Assistance During the course of our engagement, we may accumulate records containing data that should be reflected in the City's books and records. The City will determine that all such data, if necessary, will be so reflected. Accordingly, the City will not expect us to maintain copies of such records in our possession. The assistance to be supplied by City personnel, including the preparation of schedules and analyses of accounts, has been discussed and coordinated with Finance Director Carly Novozinsky. The timely and accurate completion of this work is an essential condition to our completion of the audit and issuance of our audit report. Nonaudit Services In connection with our audit, you have requested us to perform certain nonaudit services: 1) Assistance with preparing the financial statements and note disclosures. 2) Assistance with the Federal Audit Clearinghouse submission. 3) Assistance with preparing the Form SA &I 2643. GAS independence standards require that the auditor maintain independence so that opinions, findings, conclusions, judgments and recommendations will be impartial and viewed as impartial by reasonable and informed third parties. Before w8 agree to provide a non -audit service to the City, we determine whether providing such a service would create a significant threat to our independence for GAS audit purposes, either by itself or in aggregate with other non -audit services provided. A critical component of our Honorable Mayor and City Council City of Owasso, Oklahoma Page 7 determination is consideration of management's ability to effectively oversee the non -audit services to be performed. The City has agreed that Finance Director Carly Novozinsky possesses suitable skill, knowledge or experience and that the individual understands the nonaudit services to be performed sufficiently to oversee them. Accordingly, the management of City agrees to the following: 1. The City has designated Finance Director Carly Novozinsky as a senior member of management who possesses suitable skill, knowledge and experience to oversee the services; 2. Finance Director Carly Novozinsky will assume all management responsibilities for subject matter and scope of the nonaudit services; 3. The City will evaluate the adequacy and results of the services performed; and 4. The City accepts responsibility for the results and ultimate use of the services. GAS further requires that we establish an understanding with the City's management and those charged with governance of the objectives of the non -audit services, the services to be performed, the City's acceptance of its responsibilities, the auditors' responsibilities and any limitations of the non -audit services. We believe this Arrangement Letter documents that understanding. Other Relevant Information In accordance with GAS, a copy of our most recent peer review report is enclosed for your information. Fees and Costs Our fees for the services described above are based upon the value of the services performed and the time required by the individuals assigned to the engagement plus directly billed expenses. Our fee estimate and completion of our work are based upon the following criteria: 1. Anticipated cooperation from City personnel 2.. Timely responses to our inquiries 3. Timely completion and delivery of client assistance requests 4. Timely communication of all significant accounting and financial reporting matters 5. The assumption that unexpected circumstances will not be encountered during the engagement Honorable Mayor and City Council City of Owasso, Oklahoma Page 8 If any of the aforementioned criteria are not met, then fees may increase. We propose that our fee for this audit engagement, which includes out -of- pocket expenses, will be $ 51,000 for the City, $ 4,000 for each major program for the single audit, and $ 1,000 for the preparation of Form SA &I2643. The quoted fee for the year ended June 30, 2023 will be the maximum for the work described in this letter unless the scope of the engagement is changed, the assistance which the City has agreed to furnish is not provided, or unexpected conditions are encountered. No changes will be made in the maximum agreed to amount without discussion with you regarding the proposed change. All other provisions of this letter will survive any fee adjustment. No changes will be made to the fee without discussion with you regarding the proposed change. Interim billings will be submitted as work progresses and as expenses are incurred.. Billings are due upon submission. In accordance with our policy, a finance charge of 1% per month will be applied to balances that are over 60 days old. Payments will be applied first to the accrued finance charges and then to outstanding invoices. You have informed us that you intend to prepare an annual comprehensive financial report (Annual Report) and submit it for evaluation by the Government Finance Officers Association's Certificate of Achievement for Excellence in Financial Reporting Program. Our association with the Annual Report is to consist of performing a review of the Annual Report to ensure its readiness for submission. Use of Subcontractors and Third -Party Products From time to time and depending upon the circumstances, we may, in our sole discretion, use qualified third -party service providers to assist us in providing professional services to you. In such circumstances, it may be necessary for us to disclose Personal Information or Confidential Information (as both terms are defined below) to them. You hereby consent to us sharing your information, including Confidential Information and Personal Information, with these third -party service providers on the same basis as we would be permitted to share information with one of our employees; provided that such recipients are bound by written obligations of confidentiality that are as protective of your Confidential Information as the confidentiality terms set forth herein. You acknowledge and agree that our use of a third -party service providers may involve the processing, input, disclosure, movement, transfer, and storage of your information and data outside of our technology infrastructure. We also may provide services to you using certain third -party hardware, software, software services, managed services (including, but not limited to, web hosting, data security, data back -up, email security, or similar services subject to direct end -user or subscription agreements), applications, and equipment (collectively, "Third -Party Products "). You acknowledge that your or our use of a Third -Party Product may involve the processing, input, disclosure, movement, transfer, and storage of information provided by you to us, including Personal Information and Confidential Information, within the Third -Party Product's infrastructure and not ours, and that the terms of use and service set forth in the end -user license, subscription, or other agreement with the licensor of such Third -Party Product, including, but not limited to, applicable laws, will govern all obligations of such licensor relating to data privacy, storage, recovery, Honorable Mayor and City Council City of Owasso, Oklahoma Page 9 security, and processing within such Third -Parry Product's infrastructure, as well as, the service levels associated with such Third -Party Product. You hereby consent to the disclosure of your information, including your Confidential Information and Personal Information, to the licensors of such Third -Party Products for the purpose described herein. You acknowledge that your or our use of Third -Party Products may be subject to limitations, delays, interruptions, errors, and other problems which are beyond our control, including, without limitation, internet outage or lack of availability related to updates, upgrades, patches, fixes, maintenance, or other issues. We will not be liable for any delays, delivery failures, or other losses or damages resulting from such issues. Nor will we be held responsible or liable for any loss, or unauthorized use or disclosure, of any information or data provided by you, including, without limitation, Personal Information provided by you, resulting from your or our use of a Third -Parry Product. Use and Ownership; Access to Audit Documentation The Audit Documentation for this engagement is the property of BT &Co., P.A. For the purposes of this Arrangement Letter, the term "Audit Documentation" shall mean the confidential and proprietary records of BT &Co., P.A.'s audit procedures performed, relevant audit evidence obtained, other audit - related workpapers, and conclusions reached. Audit Documentation shall not include custom - developed documents, data, reports, analyses, recommendations, and deliverables authored or prepared by BT &Co., P.A. for the City under this Arrangement Letter, or any documents belonging to the City or furnished to BT &Co., P.A. by the City. Review of Audit Documentation by a successor auditor or as part of due diligence is subject to applicable BT &Co., P.A. policies, and will be agreed to, accounted for and billed separately. Any such access to our Audit Documentation is subject to a successor auditor signing an Access & Release Letter substantially in BT &Co., P.A.'s form. BT &Co., P.A. reserves the right to decline a successor auditor's request to review our workpapers. In the event we are required by government regulation, subpoena or other legal process to produce our documents or our personnel as witnesses with respect to our engagement for the City, the City will, so long as we are not a party to the proceeding in which the information is sought, reimburse us for our professional time and expenses, as well as the fees and expenses of our counsel, incurred in responding to such requests. You acknowledge and grant your assent that representatives of the cognizant or oversight agency or their designee, other government audit staffs, and the U.S. Government Accountability Office shall have access to the Audit Documentation upon their request and that we shall maintain the Audit Documentation for a period of at least three years after the date of the report, or for a longer period if we are requested to do so by the cognizant or oversight agency. Access to the requested Audit Documentation will be provided under the supervision of BT &Co., P.A. audit personnel and at a location designated by our firm. Honorable Mayor and City Council City of Owasso, Oklahoma Page 10 Indemnification, Limitation of Liability, and Claim Resolution Because BT &Co., P.A. will rely on the City and its management and City Council to discharge the foregoing responsibilities, the City agrees to indemnify, hold harmless and release BT &Co., P.A. and its partners, principals, officers, directors, employees, affiliates, subsidiaries, contractors, Subcontractors, agents, representatives, successors, or assigns from all claims, liabilities, losses and costs arising in circumstances where there has been a knowing misrepresentation by a member of the City's management. The City and BT &Co., P.A. agree that no claim arising out of services rendered pursuant to this arrangement letter shall be filed more than the earlier of two years after the date of the audit report issued by BT &Co., P.A. or the date of this arrangement letter if no report has been issued. In no event shall either party be liable to the other for claims of punitive, consequential, special, or indirect damages. BT &Co., P.A.'s liability for all claims, damages and costs of the City arising from this engagement is limited to the amount of fees paid by the City to BT &Co., P.A. for the services rendered under this arrangement letter. If any dispute arises among the parties hereto, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Rules for Professional Accounting and Related Services Disputes before resorting to litigation. The costs of any mediation proceeding shall be shared equally by all parties. The City and BT &Co., P.A. both agree that any dispute over fees charged by BT &Co., P.A. to the City will be submitted for resolution by arbitration in accordance with the Rules for Professional Accounting and Related Services Disputes of the American Arbitration Association. Such arbitration shall be binding and final. In agreeing to arbitration, we both acknowledge that, in the event of a dispute over fees charged by BT &Co., P.A., each of us is giving up the right to have the dispute decided in a court of law before a judge or jury and instead we are accepting the use of arbitration for resolution. Confidentiality BT &Co., P.A. and the City may, from time to time, disclose Confidential Information (as defined below) to one another. Accordingly, BT &Co., P.A. and the City agree as the recipient of such Confidential Information (the "Receiving Party") to keep strictly confidential all Confidential Information provided to it by the disclosing party (the "Disclosing Party") and use, modify, store, and copy such Confidential Information only as necessary to perform its obligations and exercise its rights under this Arrangement Letter and for no other purpose or use. Except as otherwise set forth herein, the Receiving Party may only disclose the Confidential Information of the Disclosing Party to its personnel, agents, and representatives who are subject to obligations of confidentiality at least as restrictive as those set forth herein and only for the purpose of exercising its rights and fulfilling its obligations hereunder. To avoid any doubt, BT &Co., P.A. is permitted to disclose the City's Confidential Information to BT &Co, P.A.'s personnel, agents, and representatives for the purpose of maintaining compliance with applicable laws and professional, regulatory, and/or ethical standards. Honorable Mayor and City Council City of Owasso, Oklahoma Page 11 As used herein, "Confidential Information" means, information in any form, oral, graphic, written, electronic, machine - readable or hard copy consisting of: (i) any nonpublic information provided by the Disclosing Party, including, but not limited to, all of its inventions, designs, data, source and object code, programs, program interfaces, know -how, trade secrets, techniques, ideas, discoveries, marketing and business plans, pricing, profit margins and/or similar information; (ii) any information that the Disclosing Party identifies as confidential; or (iii) any information that, by its very nature, a person in the same or similar circumstances would understand should be treated as confidential, including, but not limited to, this Arrangement Letter. As used herein, the term "Confidential Information" will not include information that: (i) is publicly available at the time of disclosure by the Disclosing Party; (ii) becomes publicly available by publication or otherwise after disclosure by the Disclosing Party, other than by breach of the confidentiality obligations set forth herein by the Receiving Party; (iii) was lawfully in the Receiving Party's possession, without restriction as to confidentiality or use, at the time of disclosure by the Disclosing Party; (iv) is provided to the Receiving Party without restriction as to confidentiality or use by a third party without violation of any obligation to the Disclosing Party; or (v) is independently developed by employees or agents of the Receiving Party who did not access or use the Confidential Information. The Receiving Party will treat the Disclosing Party's Confidential Information with the same degree of care as the Receiving Party treats its own confidential and proprietary information, but in no event will such standard of care be less than a reasonable standard of care. The Receiving Party will promptly notify the Disclosing Party if it becomes aware that any of the Confidential Information of the Disclosing Party has been used or disclosed in violation of this Arrangement Letter. Notwithstanding the foregoing, in the event that the Receiving Party becomes legally compelled to disclose any of the Confidential Information of the Disclosing Party, or as may be required by applicable regulations or professional standards, the Receiving Party will use commercially reasonable efforts to provide the Disclosing Party with notice prior to disclosure, to the extent permitted by law. Personal Information As used herein, the term "Personal Information" means any personal information that directly or indirectly identifies a natural person as may be defined by applicable privacy, data protection or cybersecurity laws, and includes, but is not limited to, nonpublic, personally identifiable information such as Social Security numbers, driver's license numbers or state- issued identification card numbers, credit or debit card numbers with or without any required security code, number or passwords, health information, and other personal information as defined by applicable laws, whether of the City or the City's customers or other third parties. Honorable Mayor and City Council City of Owasso, Oklahoma Page 12 Each party agrees that it will not transmit to the other, in any manner, (i) Personal Information that is not needed to render the services hereunder, and (ii) Personal Information that has not been encrypted. In the event you transmit to us Personal Information in an unencrypted format or via unencrypted means, you agree that we have no obligation to notify you of the foregoing. You represent and warrant that you have provided all notices and obtained all consents required under applicable data protection laws prior to your collection, use and disclosure to us or our Subcontractors of such Personal Information and shall take reasonable steps to ensure that such Personal Information does not include irrelevant or unnecessary information about individuals. We will use all such City- provided Personal Information, if at all, only for the purposes described in this Arrangement Letter. The parties agree that as part of the performance of the services as described in this Arrangement Letter, and as part of the direct business relationship between the parties, we may, at our election, use the Personal Information to improve the services and for other similar internal and business purposes. We agree to maintain appropriate security measures to protect such Personal Information in accordance with applicable laws. If we become aware of an unauthorized acquisition or use of City- provided Personal Information, we will promptly inform you of such unauthorized acquisition or use as required by applicable laws and, upon your written request, reasonably cooperate with you at your sole cost in support of any breach notification requirements as imposed upon you by applicable laws. Retention of Records We will return to you all original records you provide to us in connection with this engagement. Further, in addition to providing you with those deliverables set forth in this Arrangement Letter, we will provide to you a copy of any records we prepare or accumulate in connection with such deliverables which are not otherwise reflected in your books and records without which your books and records would be incomplete. You have the sole responsibility for retaining and maintaining in your possession or custody all of your financial and nonfinancial records related to this engagement. We will not host, and will not accept responsibility to host, any of your records. We, however, may maintain a copy of any records of yours necessary for us to comply with applicable law and/or professional standards. Any such records retained by us will be subject to the confidentiality obligations set forth herein and destroyed in accordance with our record retention policies. Honorable Mayor and City Council City of Owasso, Oklahoma Page 13 Termination Your failure to make full payment of any and all undisputed amounts invoiced in a timely manner constitutes a material breach for which we may refuse to provide deliverables and/or, upon written notice, suspend or terminate our services under this Arrangement Letter. We will not be liable to you for any resulting loss, damage or expense connected with the suspension or termination of our services due to your failure to make full payment of undisputed amounts invoiced in a timely manner. In the event you terminate this engagement, you will pay us for all services rendered (including deliverables and products delivered), expenses incurred, and noncancelable commitments made by us on your behalf through the effective date of termination. We will not be responsible for any delay or failure in our performance resulting from acts beyond our reasonable control or unforeseen or unexpected circumstances, such as, but not limited to, acts of God, government or war, riots or strikes, disasters, fires, floods, epidemics, pandemics or outbreaks of communicable disease, cyberattacks, and internet or other system or network outages. At your option, you may terminate this Arrangement Letter where our services are delayed more than 120 days; however, you are not excused from paying us for all amounts owed for services rendered and deliverables provided prior to the termination of this Arrangement Letter. When an engagement has been suspended at the request of management or those charged with governance and work on that engagement has not recommenced within 120 days of the request to suspend our work, we may, at our sole discretion, terminate this Arrangement Letter without further obligation to you. Resumption of our work following termination may be subject to our client acceptance procedures and, if resumed, will require additional procedures not contemplated in this Arrangement Letter. Accordingly, the scope, timing and fee arrangement discussed in this Arrangement Letter will no longer apply. In order for us to recommence work, the execution of a new Arrangement Letter will be required. We may terminate this Arrangement Letter upon written notice if we determine that our continued performance would result in a violation of law, regulatory requirements, applicable professional or ethical standards, or our client acceptance or retention standards. The parties agree that those provisions of this Arrangement Letter which, by their context, are intended to survive, including, but not limited to, payment, limitations on liability, claim resolution, use and ownership, and confidentiality obligations, shall survive the termination of this Arrangement Letter. Miscellaneous We may mention your name and provide a general description of the engagement in our client lists and marketing materials. Honorable Mayor and City Council City of Owasso, Oklahoma Page 14 You have informed us that you may issue public debt in the future and that you may include our report on your financial statements in the offering statement. You have further informed us that you do not intend for us to be associated with the proposed offering. We agree that our association with any proposed offering is not necessary, providing the City agrees to clearly indicate that we are not associated with the contents of any such official statement or memorandum. The City agrees that the following disclosure will be prominently displayed in any such official statement or memorandum: BT &Co., P.A., our independent auditor, has not been engaged to perform, and has not performed, since the date of its report included herein, any procedures on the financial statements addressed in that report. BT &Co., P.A. also has not performed any procedures relating to this [official statement] [memorandum]. Our professional standards require that we perform certain additional procedures, on current and previous years' engagements, whenever a partner or professional employee leaves the firm and is subsequently employed by or associated with a client in a key position. Accordingly, you agree to compensate us for any additional costs incurred as a result of your employment of one of our partners, principals or employees. RSM US LLP will be available to support BT &Co., P.A. by rendering services related to the performance of the engagement. If a situation occurs in connection with the proposed engagement for which we would request the services of RSM US LLP, we will notify you and obtain permission from you before giving access to your records. We will maintain supervision, control and ultimate responsibility for the performance of this engagement. BT &Co., P.A. is independently owned and operated and assumes full responsibility for the quality of service delivered to our clients. We are responsible for our own client fee arrangements and maintenance of our client relationships. RSM US Alliance provides its members with access to resources of RSM US LLP. RSM US Alliance member firms are separate and independent businesses and legal entities that are responsible for their own acts and omissions, and each are separate and independent from RSM US LLP. RSM US LLP is the U.S. member firm of RSM Intemational, a global network of independent audit, tax and consulting firms. Members of RSM US Alliance have access to RSM International resources through RSM US LLP but are not member firms of RSM US LLP and RSM International. RSM, the RSM logo and RSM US ALLIANCE are trademarks of RSM International Association or RSM US. The services and products provided by RSM US Alliance are proprietary to RSM US LLP. Honorable Mayor and City Council City of Owasso, Oklahoma Page 15 Entire Agreement This Arrangement Letter constitutes the complete and exclusive statement of agreement between BT &Co., P.A. and the City, and supersedes all prior agreements, understandings, and proposals, whether oral or written, relating to the subject matter of this Arrangement Letter. If any term or provision of this Arrangement Letter is determined to be invalid or unenforceable, such term or provision will be deemed stricken, and all other terms and provisions will remain in full force and effect. This Arrangement Letter may be amended or modified only by a written instrument executed by both parties. Electronic Signatures and Counterparts Each party hereto agrees that any electronic signature of a party to this Agreement Letter or any electronic signature to a document contemplated hereby (including any representation letter) is intended to authenticate such writing and shall be as valid, and have the same force and effect, as a manual signature. Any such electronically signed document shall be deemed (a) to be "written" or "in writing," (b) to have been signed and (c) to constitute a record established and maintained in the ordinary course of business and an original written record when printed from electronic files. Each party hereto also agrees that electronic delivery of a signature to any such document (via email or otherwise) shall be as effective as manual delivery of a manual signature. For purposes hereof, "electronic signature" includes, but is not limited to, (a) a scanned copy (as a "pdf' (portable document format) or other replicating image) of a manual ink signature, (b) an electronic copy of a traditional signature affixed to a document, (c) a signature incorporated into a document utilizing touchscreen capabilities or (d) a digital signature. This Arrangement Letter may be executed in one or more counterparts, each of which shall be considered an original instrument, but all of which shall be considered one and the same agreement. Paper copies or "printouts," of such documents if introduced as evidence in any judicial, arbitral, mediation or administrative proceeding, will be admissible as between the parties to the same extent and under the same conditions as other original business records created and maintained in documentary form. Neither party shall contest the admissibility of true and accurate copies of electronically signed documents on the basis of the best evidence rule or as not satisfying the business records exception to the hearsay rule. Please sign and return a copy of this Arrangement Letter to indicate your acknowledgment of, and agreement with, the arrangements for our audit of the financial statements, including our respective responsibilities. Honorable Mayor and City Council City of Owasso, Oklahoma Page 16 Acknowledgement and Acceptance Each party acknowledges that it has read and agrees to all of the terms and conditions contained herein. Each party and its signatory below represents that said signatory is a duly authorized representative of such party and has the requisite power and authority to bind such party to the undertakings and obligations contained herein. Very truly yours, BT &CO, P.A. Stacey A. Hammond Director SAH:tls Enclosures Confirmed on behalf of the City of Owasso, Oklahoma: Signature Date A signed copy of this arrangement letter will be forwarded to the following pursuant to Government Auditing Standards Amendment No. 2, "Auditor Communication." • The Audit Committee • Finance Director Carly Novozinsky BROWN6 CITYPLADE DRIVE. SUITE 900 ST. LOUIS. MO 63141 PH 314.983.1200 FX 314.983.1300 9ROWNSMITHWALLACE.COM AITH WALLACE THE FIRM FOR GROWTH: Report on the Firm's System of Quality Control November 17, 2020 To the Directors of BT &Co, P.A. and the Peer Review Committee of the Kansas Society of Certified Public Accountants We have reviewed the system of quality control for the accounting and auditing practice of BT &Co., P.A. (the firm) in effect for the year ended June 30, 2020. Our peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the American Institute of Certified Public Accountants (Standards). A summary of the nature, objectives, scope, limitations of, and the procedures performed in a System Review as described in the Standards may be found at www.aicpa.org /prsumrnarY. The summary also includes an explanation of how engagements identified as not performed or reported in conformity with applicable professional standards, if any, are evaluated by a peer reviewer to determine a peer review rating. Firm's Responsibility The firm is responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. The firm is also responsible for evaluating actions to promptly remediate engagements deemed as not performed or reported in conformity with professional standards, when appropriate, and for remediating weaknesses in its system of quality control, if any. Peer Reviewer's Responsibility Our responsibility is to express an opinion on the design of the system of quality control and the firm's compliance therewith based on our review. Required Selections and Considerations Engagements selected for review included an engagement performed under Government Auditing Standards, including compliance audits under the Single Audit Act, and audits of employee benefit plans. As a part of our peer review, we considered reviews by regulatory entities as communicated by the firm, if applicable, in determining the nature and extent of our procedures. Opinion In our opinion, the system of quality control for the accounting and auditing practice of BT &Co., P.A. in effect for the year ended June 30, 2020, has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Finns can receive a rating of pass, pass with deficiency(ies) or fait. BT &Co., P.A. has received a peer review rating ofpass. T Smitt, dau*z, , L LP Brown Smith Wallace, LLP AN INDEPENDENT FIRM ASSOCIATED WITH MOORE GLOBAL NETWORK LIMITED MEMBER AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS BROWN SMITH WALLACE IS A MISSOURI LIMITED LIABILITY PARTNERSHIP TO: The Honorable Mayor and City Council FROM: Larry Escalanta, General Services Superintendent SUBJECT: U.S. Highway 169 Right -Of -Way 2023 Mowing Contract Award DATE: March 31, 2023 BACKGROUND: In April 2022, the City Council awarded a mowing contract to MTS Brush Hogging and Mowing for work to be completed along Highway 169 from East 66th Street North to East 126th Street North. MTS failed to meet their obligations and the contract was terminated in October, 2022. On October 26, 2022, City Staff entered into a contract with the second lowest bidder,. Lot Maintenance of Oklahoma, Inc., to complete the mowing for the remainder of the season, as payment for services would be within the City Manager's $25,000.00 spending authority. Lot Maintenance of Oklahoma satisfactorily finished all work for the remainder of the mowing season and has agreed to perform mowing services (base bid) and litter removal (alternate) for the 2023 season at their 2022 bid price of $9,928.00 per mowing. The total cost will exceed the City Manager's spending authority; therefore, Staff is seeking City Council consideration and action to award the mowing contract to Lot Maintenance of Oklahoma, Inc. The mowing contract contains a clause that the contractor will have the option of mowing the same property during the 2024 and 2025 mowing seasons, at the 2022 bid price, if both parties agree. FUNDING: Funding is included in the Stormwater Fund Budget RECOMMENDATION: Staff recommends awarding the U.S. Highway 169 Right -Of -Way Mowing contract, including the base project and add alternate, to Lot Maintenance of Oklahoma, Inc. of Broken Arrow, Oklahoma, in the amount of $9,928.00 per mowing, and authorization to execute the necessary documents. ATTACHMENTS: Location Map Agreement 2022 U.S. HIGHWAY 169 RIGHT -OF -WAY MOWING CONTRACT made this 4th day of April, 2023 between Lot Maintenance of Oklahoma, Inc., hereinafter referred to as "Contractor "), and THE CITY OF OWASSO, an Oklahoma municipality, operating pursuant to its charter, (hereinafter referred to as "City "). In consideration of the mutual promises set forth herein, it is agreed by and between contractor and city as follows, to -wit: SECTION ONE - RELATIONSHIP OF PARTIES The parties intend that an independent contractor relationship be established by this Contract. Contractor is not to be considered as an agent or employee of City for any purpose, nor is Contractor entitled to any of the benefits. SECTION TWO - DESCRIPTION OF WORK The City hereby contracts with Contractor for the mowing of city property, more particularly, U.S. Highway 169 Right -of -Way — 66th Street North to 126th Street North, east & west sides (see "location map" in Bid Document). Such work to be accomplished beginning in April, 2023 and continuing through the 2023 growing season with base bid mowing cycles determined at the sole discretion of the City of Owasso and any alternate bid services determined at the sole discretion of the City of Owasso, performed upon seven (7) day advanced notification of the City. Work hours shall be at the discretion of the contractor provided the operation does not interfere with normal traffic or disrupt the public peace. There shall be no mowing on Ozone Alert days. The required duties of the Contractor will be according to the bid specifications. The Contractor covenants unto the City that Contractor possesses sufficient equipment capable to perform the services called for hereunder in a timely manner. It is understood and agreed that the time of performance, as provided above, is of the essence and that any delay in performance would be unacceptable and serve as grounds for early termination of this Contract. Further, it is understood that any time, and for as many times as City deems appropriate, the City shall have the opportunity to inspect all work being performed by Contractor, to assure the accuracy thereof for the benefit of City. SECTION THREE - COMPENSATION For the work performed under this Contract, at the sole discretion of the City, the contractor shall execute any one or combination of alternate bid items prior to or in conjunction with a base bid mowing cycle. The City will pay Contractor the sum of $7,364.00 base bid mowing cycle, the sum of $2.564.00 for Alternate 1 bid service (litter pickup & disposal), Such sum and /or sums payable on or before thirty (30) days after Contractor's billing. It is specifically understood that such payment constitutes total compensation hereunder and that no further compensation shall be provided unto the Contractor. It will be the responsibility of the Contractor to mow within the specified time schedule; to call for an inspection of work each time it is completed; and to turn in all invoices due by the last day of each month for payment to be made following the second City Council meeting of each month for the preceding month's work. SECTION FOUR - INSURANCE The Contractor covenants unto the City that Contractor carries liability insurance in a minimum amount of One Million Dollars. It is understood that Contractor shall furnish to City a copy of his Certificate of Insurance showing the amount of coverage and the term of the policy. Such copy of insurance coverage shall be supplied to City prior to any work being done. SECTION FIVE - TERM The effective date of this Contract shall begin in April, 2023, and continue through the October 2023 growing season determined at the sole discretion of the City of Owasso. The City is requiring designated right of way to be mowed approximately every 5 (five) weeks, up to 6 (six) times per growing season, if needed. The City may, for its convenience, at any time terminate this Contract by serving written notice of such termination upon the Contractor, as well as providing compensation due for services rendered through the date of termination. SECTION SIX - ENTIRE CONTRACT The foregoing represents the entire understanding between the parties. No modification, variation, change, addition, deletion or alteration of the relationship of the parties shall be effective unless agreed to in writing and executed by both parties hereto. SECTION SEVEN - CHOICE OF LAW This Contract shall be construed in accordance with the laws of the State of Oklahoma. IN WITNESS WHEREOF, the parties hereby have signed this Agreement in triplicate. One counterpart has been delivered to CONTRACTOR, the remaining two belong to OWNER. All portions of the Contract Documents have been signed by OWNER and CONTRACTOR. This Agreement will be effective on April 4th, 2023 OWNER: Kelly Lewis, Mayor (SEAL) ATTEST: Juliann M. Stevens, City Clerk Approved as to form: Julie Lombardi, City Attorney Address for giving notices: 301 W. 2nd Ave. Owasso Ok 74055 CONTRACTOR: (SEAL) Title TO: The Honorable Mayor and City Council FROM: Roger Stevens, Public Works Director SUBJECT: Right -of -Way Acquisition - East 106th Street North and North 129th East Avenue Intersection Improvement Project DATE: March 31, 2023 BACKGROUND: City staff is currently involved in the acquisition of right -of -way and easements for the East 1061h Street North and North 1291h East Avenue intersection improvements. As part of those acquisitions, negotiations for the purchase of land from Dunaway Family Revocable Trust for 14,374.8 square feet of right -of -way, have been successfully completed and staff is seeking City Council authorization to purchase the land. DESCRIPTION /PURCHASE PRICE: Dunaway Family Revocable Trust (Parcel 10) - The settlement offer for the right -of -way is approximately $2.65 per square foot, for the purchase price of $38,143.00. Compensation for easement and other damages in the amount of $30,707.00 is in addition to the right -of -way cost, for a total offer of $68,850.00. FUNDING: Funding for this purchase is included in the project budget from the Capital Improvements Fund. RECOMMENDATION: Staff recommends authorization for payment in the amount of $68,850.00 to Dunaway Family Revocable Trust, for the acquisition of right -of -way and compensation for easement and damages, located at 12930 East 106th Street North. ATTACHMENTS: Site Map Offer Letter Parcel 10 - Claim Form E 106 St N and N 129 E Ave - Right -of -Way Obtainment OFFER LETTER RE: J/P 33317(04); E. 106th St. N & N. 129th E. Ave County: Tulsa Parcel: 10.0, 10.1, 10A Owner: The Dunaway Family Revocable Trust, dated 09/21/21 On 10/05/2022 , the City of Owasso made an offer to purchase your property. After reducing the proposed right of way and creating a new perpetual easement on the lagoon frontage, the offer to buy the right of way from you in the name of the City of Owasso has been revised. Our revised offer is as follows: To buy the land and improvements, the offer is $68.850.00 Of the above amount, $30,707.00 is for damages. The above offer is the amount the City arrived at after having your property was reviewed to find its fair market value and then considering damages, if any, which will result to the remaining land or to improvements. The agent making the revised offer is not authorized to change any of the amounts. If you do not wish to accept the revised offer, please read the brochure handed you entitled "Property Rights" which describes condemnation proceedings and gives information about having the amount to be paiAdecided in a court of law. Sincerely Roger Stevgfls, City of Owasso Public Works Director Brochure delivered, and written offer made by: (Date) 200 S Main St 1 918- 376 -1500 PO Box 180 City of Owasso FAX 918 -376 -1599 Owosso, OK 74055 A City Of Character www.cifyofowasso.com SUMMARY STATEMENT OF JUST COMPENSATION OWNER Beverley K. Dunaway, Trustee of the Dunaway JOB PIECE NO. 33317 (04) Family Revocable Trust, dated September 21, 2021 TENANT PARCEL NO. COUNTY FED PROJECT# 10, 10.1 & 10.A Tulsa Fair Market Value offer of Parcel(s) to be purchased $68,850, of which $30,707 are damages. Document(s) detailing the location of the parcel(s) and the interest(s) to be purchased in land is attached. The following buildings /improvements that are located on the parcel(s) to be purchased include: Asphalt Drive Surface, Concrete Drive Surface, 4 Foot Chain Link Cross Fence and 2 Gate Actuators. Any and all items considered to be fixtures located in the buildings /improvements are to be purchased unless otherwise noted on this statement. No personal property is to be purchased. DO NOT HESITATE TO CONTACT YOUR ACQUISITION AGENT IN THE EVENT YOU NEED ANY CLARIFICATION AS TO WHAT IS AND WHAT IS NOT SPECIFICALLY BEING PURCHASED. The following items are considered as damages and include: Parcel 10.A — Temporary Construction Easement — 0.0053 AC, Parcel 10.1 — Perpetual Utility Easement — 0.0245 AC, Replace Chain Link Gates, Replace Wrought Iron Gates and Replace Brick Entry Walls. FENCING (new right -of -may only) No Fence Acquiring Agency to Construct X Owner Compensated Remarks: Parcel 10 — Acquire Permanent Right of Way — 0.3062 AC, more or less. Parcel I O.A — Temporary Construction Easement —0.0053 AC, more or less. Parcel 10.1 — Perpetual Utility Easement — 0.0245 AC, more or less. IM Form 129 Rev. 3/2005 Revocable Trust dated Se tember 21, 2021 TRANSPORTATION DATE for right -ofway and any and all damages Includllgfor the purchase of 0.3062 acres of permanent right of , Payment for the purchase of 0.0245 acres of Easement (PICA) , and Payment for toe purchase of $68,050.00 res of permanent right of way (PI OA) ents: 230 SF Asphalt Drive Surface 480 SF Concrete face 60 LF 4r Chain Link Cross Fence 2 Gate Actuators Damages: Replace 2 Chain Link Gates, Replace 2 Wrought Iron Gates Replace Brick Entry Wails Proximity Damages to Dwelling J/P No.: 33317(04) Project: E. 106th St. N and N 129th E. Ave County: Tulsa Parcel: 10, 10.1, 10A CLAIM 1 OF 1 TO: The Honorable Mayor and City Council FROM: Larry Langford Director of Recreation & Culture SUBJECT: Parks Restrooms Janitorial Contract Approval DATE: March 31, 2023 BACKGROUND: The City of Owasso contracts janitorial services for City park restrooms, which include opening, cleaning, and closing daily. The current contracted vendor resigned and staff is proposing that a new contract be established. Thejanitorial season for Rayola, Centennial, Skate, Funtastic and McCarty park restrooms runs from March through November. Redbud Festival and Elm Creek park restrooms are open year -round and require year -round janitorial services. REQUEST FOR PROPOSAL (RFP): An RFP process was advertised and sealed proposals were due on February 27, 2023. No proposals were submitted. City staff contacted local vendors and two vendors submitted the following quotes: Vendor Per Month (March - November) Per Month (December- February) Classic Janitorial Services $5,418.00 $2,408.00 Jani -King Janitorial Services $4,302.00 $1,229.00 The proposed contract also contains language that awarded vendors may be given the option of performing janitorial services during the 2024 and 2025 seasons at the 2023 contract price, should the City decide to continue contracting the park janitorial services. Continuation of the contract would require City Council ratification of each year's contract. RECOMMENDATION: Staff recommends approving a contract with Jani -King Janitorial Services of Tulsa, Oklahoma, in the amount of $4,302.00 per month for March through November and $1,229.00 per month for December through February, and authorization to execute all necessary documents. ATTACHMENTS: Contract Quote CONTRACT FOR INDEPENDENT SERVICES Janitorial Services for Park Restrooms CONTRACT made this 4th day of April 2023, between Jani -King (hereinafter referred to as "Contractor ") and THE CITY OF OWASSO, an Oklahoma municipality operating pursuant to its charter (hereinafter referred to as "City "). IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN, IT IS AGREED BY AND BETWEEN THE CONTRACTOR AND CITY AS FOLLOWS, TO -WIT: SECTION ONE RELATIONSHIP OF PARTIES The parties intend that an independent contractor relationship be established by this Contract. The contractor is not to be considered an agent or employee of the City for any purpose, nor is the Contractor entitled to any of the benefits. SECTION TWO DESCRIPTION OF WORK The City hereby contracts with Contractor for janitorial services of city property, more particularly Elm Creek Park, Ravola Park, Skate Park, Centennial Park, McCarty Park, Funtastic Island Park and Redbud Festival Park Restrooms. Such work should be accomplished daily, starting April , 2023, and ending Saturday, November 12, 2023. In addition, Redbud Festival Park and Elm Creek Park restrooms will remain open year- round, and janitorial services should be accomplished daily from November 12, 2023, through March 11, 2024. Each day the restrooms should be unlocked within 30 minutes of dawn and locked within 30 minutes of dusk. Daily responsibilities will be restocking restroom supplies as needed, emptying garbage cans, cleaning of mirrors and towel dispensers, scrubbing toilets, urinals, sinks, and drinking fountains and inspecting facilities for damage, vandalism, or need of repairs. All items that are noted on the facility inspections should be immediately reported to David Warren by calling (918) 272 -4950. On Monday, Wednesday, and Friday each week, the walls, floors, and sidewalks of the shelters and spray pad should be hosed off with water. The Contractor covenants unto the City that Contractor possesses sufficient equipment capable of performing the services called for hereunder in a timely manner. It is understood and agreed that the time of performance, as provided above, is of the essence and that any delay in performance would be unacceptable and serve as grounds for early termination of this Contract. Further, it is understood that at any time, and for as many times as City deems appropriate, the City shall have the opportunity to inspect all work being performed by the Contractor to assure the accuracy thereof for the benefit of the City. SECTION THREE COMPENSATION For the work performed under this Contract, the City will pay Contractor the total sum of $4,302.00 per month from April _, 2023, thru November 12, 2023. The City will pay Contractor the total sum of $1,229.00 per month from November 12, 2023, thru March 11, 2024. The sum will be payable on or before thirty (30) days after Contractor's billing. It is specifically understood that such payment constitutes total compensation hereunder and that no further compensation shall be provided unto the Contractor. It will be the responsibility of the Contractor to turn in all invoices due by the last day of each month for payment to be made following the second City Council meeting of the next month. SECTION FOUR TERM The effective date of this Contract shall be on the day of 2023 and continue through the i l" day of March 2024. The City may, for its convenience, at any time terminate this Contract by serving written notice of such termination upon the Contractor, as well as providing compensation due for services rendered through the date of termination. The contractor awarded the contract in 2023 may be given the option of providing janitorial services at the same properties during the 2024, 2025, and 2026 seasons at the 2023 contract price, should the City decide to continue to contract the janitorial services for those years. If that should occur, the contractor will be contacted by the City and will be required to execute a new contract for each year that he /she wishes to service the properties. SECTION FIVE ENTIRE CONTRACT The foregoing represents the entire understanding between the parties. No modification, variation, change, addition, deletion or alteration of the relationship of the parties shall be effective unless agreed to in writing and executed by both parties hereto. SECTION SIX CHOICE OF LAW This Contract shall be construed in accordance with the laws of the State of Oklahoma. IN WITNESS WHEREOF, the parties hereto have executed this Contract at Owasso, Oklahoma, the day and year first above written. THE CITY OF OWASSO, OK ( "CITY ") "CONTRACTOR" Warren Lehr, City Manager ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM AND CONTENT: Julie Trout Lombardi, City Attorney Contractor EXHIBIT A Owasso Parks TO JANI -KING MAINTENANCE AGREEMENT CLEANING SCHEDULE Location of Services: All Owasso park bathroom location Named Areas: A. Restroom open B. Restrooms Clean and Close Morning Duties A. Drive to and open each restroom. B. Make sure each is stocked with paper goods. C. Spot check for cleanliness Evening Duties D. Restrooms (a disinfectant will be used on all restroom surfaces) ❑ Stock towels, tissue, and hand soap (To be furnished by the client). ❑ Empty sanitary napkin receptacles and wipe with disinfectant. ❑ Empty trash receptacles and wipe if needed. ❑ Clean and polish mirrors. ❑ Wipe towel cabinet covers, handrails, and air dryers (if applicable) ❑ Toilets and urinals to be cleaned and sanitized inside and outside. Polish bright work. ❑ Toilet seats to be cleaned on both sides using a disinfectant. ❑ Scour and sanitize all basins. Polish bright work. ❑ Dust partitions, top of mirrors, and frames. ❑ Remove splash marks from walls around basins, trash receptacles, and soap dispensers ❑ Mop and rinse Restroom floors with disinfectant. ❑ Spot clean kickplates. (Damp wipe as needed). ❑ Disinfect doorknobs on doors in the restrooms. ❑ Close each restroom for the evening ❑ Report any damage or vandalism INT INT PRICING SCHEDULE- The Service, as defined in the Agreement, will be performed seven times weekly for the Monthly charge of Four Thousand Three Hundred and Two dollars ($4.302.00) per Month for In Season ($1,229.00) per Month for the Off Season Or Client's Authorizing Signature Jani -King Signature Print Name /Title Richard L. Robertson/Regional Director Print Name/Title INT INT Jani -King of Tulsa, Inc. 5314 S Yale Street, #600 Tulsa, OK 73112 (918) 627 -4475 United States Alexandria • Atlanta • Augusta Austin • Baltimore Baton Rouge • Birmingham Buffalo • Charleston Charlotte• Chattanooga Chicago • Cincinnati Cleveland • Columbia,MO Columbia,SC • Columbus Dallas • Dayton • Denver Des Moines • Detroit Dothan • El Paso Eugene /Salem • Fort Myers Fort Worth • Grand Rapids Green Bay • Greensboro Greenville/Spartanburg Hampton Roads • Hartford Hawaii • Houston Huntsville • Indianapolis Jackson • Jacksonville Kansas City • Knoxville Lafayette /Lake Charles Las Vegas • Lexington Little Rock Los Angeles /Colton Louisville • Macon Madison • Memphis Miami • Milwaukee Minneapolis Mississippi Coast Mobile • Monroe Montgomery • Myrtle Beach Nashville • New Jersey New Mexico • New Orleans New York • Oklahoma City Omaha • Orlando Pensacola • Philadelphia Phoenix • Pittsburgh Portland • Raleigh /Durham Reno • Rhode Island Richmond Roanoke /Lynchburg BE Mississippi Sacramento Salt Lake City San Antonio • San Diego San Francisco /Oakland Savannah • Seattle Shreveport • Springfield St Louis -Tallahassee Tampa Bay • Tri- Cities Tucson • Tulsa Washington, D.C. •Wichita Australia Bahrain Belgium Brazil Canada Great Britain Mexico New Zealand Portugal 03/29/2023 City of Owasso Dear Ms. Cook, Thank you for the time and interest you have afforded me concerning the subject of housekeeping for your facility. Jani -King of Tulsa, Inc. appreciates this opportunity. Enclosed is our completed proposal for a professionally operated cleaning program, including Jani -King of Tulsa, Inc.'s cleaning schedule. The total monthly charge represents your only cost, and is inclusive of. All labor All supervision, via our Franchise Owner All material for cleaning All equipment for cleaning All payroll, payroll taxes, insurance, etc. Each individual who will provide services to your facility is fully covered by an insurance program that protects you and your business in several ways. This comprehensive program provides complete coverage, including General Liability, Employee Dishonesty Bond, and Workers Compensation insurance. Please contact me at (918) 627 -4475 in the event you have questions regarding this proposal or for additional information you deem necessary in assessing our proposal. Trusting we may be of service, Richard L Robertson Regional Director Jani -King of Tulsa, Inc. Customized Service Proposal for City of Owasso Parks National Customers PGA of America OVG360 Republic Services PepsiCo /Frito Lay Harris Teeter Medical Select Medical ATI Physical Therapy North Memorial Health Hospital HOSPITALITY CUSTOMERS Marriott Hilton Winstar Hotel and Casino Riverwind Hotel and Casino Wyndham Vacation Ownership Vacation Villages STADIUM /ARENA CUSTOMERS AT &T Stadium Highmark Stadium FedExField Globe Life Field Bridgestone Arena Paycom Center Allianz Field Bank of America Stadium Spectrum Center Lambeau Field TIAA Bank Field Cameron Indoor Stadium Texas Motor Speedway UNIVERSITY CUSTOMERS Louisiana State University University of Florida University of Oklahoma University of North Carolina University of Washington Kansas University Kansas State University SALT LAKE CITY, USA RiVERWIND 2016 SUMMER OLYMPIC GAMES RIO OE JANEIRO, BRAZIL THE OLYMPIC GAMES 2002 WINTER OLYMPIC GAMES SALT LAKE CITY, USA 2016 SUMMER OLYMPIC GAMES RIO OE JANEIRO, BRAZIL Customized Service Proposal for City of Owasso Parks GENERALPROCEDURES I. Supervision • JANI -KING will stay inclose contact with the management concerning all work performed. • All JANI -KING franchisee personnel will be trained and supervised to perform to the best of their ability in order to accomplish the cleaning you deserve. • All franchisee personnel will be checked regularly as to performance and ability to maintain JANI -KING standards. II. Wage Scale • All franchisee personnel will be paid no less than the minimum wage required by Federal /State Law. • Work hours, workweek, job methods, procedures, pay periods, and pay scale will be thoroughly explained to all personnel. III. Security Procedures and Insurance • JANI -KING representatives will work closely with management regarding the use of acceptable personnel. • Before leaving the building, JANI -KING franchisee personnel will check to ensure that the building is properly secured. • JANI -KING will provide all necessary insurance and bonds on all JANI -KING franchisee personnel. JANI -KING MAINTENANCE AGREEMENT This Maintenance Agreement ( "Agreement ") is made as of the Effective Date below by and between Jani -King of Tulsa, Inc. ( Jani -King ) and City of Owasso ( Client ). 1. PERFORMANCE OF SERVICES 1.1. Performance of the services scheduled shall begin 04/01/2022 1.2. The term of this Agreement shall be for 1 year(s) from the date services are scheduled to begin. 1.3. Jani -King will provide the services described in Exhibit A ( "Services ") to the "Named Areas" which are defined in Exhibit A. 1.4. The Services shall be performed at the location(s) listed on Exhibit A. 1.5. Jani -King agrees to provide the Service to the Named Areas 7 times per week on the days checked: Monday V/ Tuesday V/ Wednesday V/ Thursday / Friday y/ Saturday V/ Sunday 1.6. Jani -King agrees to furnish all equipment and tools necessary to provide the Services. 1.7. Client warrants that the Named Areas are free of asbestos and other hazardous materials. Client hereby agrees to hold Jani -King and its authorized franchise owners harmless from any liability resulting from any Jani -King franchisee personnel's exposure to hazardous or harmful materials located in the Named Areas. 2. PAYMENT OF SERVICES 2.1. Client agrees to pay to Jani -King each month the total minimum sum stated in the Pricing Schedule, attached hereto as Exhibit A, on or before the last day of each month the Services are rendered. Client also agrees to pay for any charges relating to an Initial Clean Option and any authorized additional cleans options, as described in Exhibit A, and any sales or use tax levied by a taxing authority on the value of the Services or supplies purchased. Client agrees that all payments made to Jani -King shall only be considered paid and properly credited when delivered to the address listed on the invoice. 2.2. Credits for holidays were pre- determined and given as part of the monthly charge herein, and no other adjustments will be made for those holidays. 2.3. From time to time, as the parties may agree, the monthly charge to be paid by Client may be increased or decreased to reflect an increase or decrease in the area of space serviced and the kind, amount, or frequency of the Service. Any modifications will only be binding if in writing and signed by both parties. In the event mutual agreement relating to frequency of service, type of service, space serviced, or amount to be paid cannot be reached, the frequency of service, type of service, space serviced or amount to be paid shall remain unchanged. 2.4. It is expressly agreed that the total minimum sum stated in the Pricing Schedule may be increased (i) annually by Jani -King by a percentage amount not to exceed the annual increase of the Consumer Price Index as most recently published in the Wall Street Journal, or (ii) by Jani -King at any time in the event of an increase in any applicable federal, state, or local minimum wage, living wage, or other wage required by law, in an amount necessary to comply with such an increase. 2.5. In the event payment for Services is not received within thirty (30) days from the date such payment is due, Jani -King may suspend Services to Client until such time Client has paid for all services rendered to date. Suspension of services by Jani -King under this Section shall not deprive Jani -King of any of its remedies or actions against Client for past or future payments due under this Agreement, nor shall the bringing of any action for payment of services or other rights contained herein be construed as a waiver of any Jani -King rights. Jani -King also reserves the right to cease providing services on trade credit and require that payments be made in advance if it deems Client to be a credit risk. 3. INDEPENDENT BUSINESS RELATIONSHIP 3.1. It is expressly agreed that the Services will be provided by an authorized Jani -King franchise owner and /or employees of the franchise owner. 3.2. Jani -King and all authorized representatives are not employees of Client but are independent contractors. All Jani -King authorized franchise owners and the employees of the franchise owner will not be within the protection or coverage of Client's Workers' Compensation Insurance and no withholding of Social Security, federal or state income tax or other deductions shall be made from the sums agreed to be paid to Jani -King herein, the same being contract payments and not wages. 3.3. Client agrees that during the term of this Agreement, and within one hundred and eighty (180) days after termination, that Client will not employ or engage as a contractor, any employees, agents, representatives, franchisees, or employees of franchisees of Jani -King without the express written consent of Jani -King. Jani -King agrees that during the term of this Agreement and within one hundred and eighty (180) days after termination, it will not employ or engage as a contractor, any employees, agents or representatives of Client without the express written consent of Client. 4. RENEWAL AND TERMINATION 4.1. This Agreement shall be automatically extended and renewed for additional one (1) year terms on the same terms and conditions, unless either party shall give written notice, as described herein, of termination at least thirty (30) days prior to the scheduled expiration date. Otherwise, this Agreement may only be terminated for non - performance as set out below. 4.2. Non - performance is defined as the failure to perform any act stipulated under this Agreement. Before any termination for non - performance is effective, the terminating party must give the other party written notice, as described herein, specifying in detail the nature of any defect or failure in performance. Upon the effective date of the receipt of notice of non - performance, the non - terminating party shall have thirty (30) days in which to cure the defect in performance (the "Cure Period ") to the reasonable satisfaction of the terminating party. In the event the defect is not satisfactorily cured within the Cure Period, the terminating party shall provide written notification to the non - terminating party of the failure to satisfactorily cure the defect. In the event the second - JANI -KING MAINTENANCE AGREEMENT (2/4) - notice is not received within five (5) days from the end of the Cure Period, all deficiencies will be deemed cured. In the event the second notice is received within the required time period, this Agreement shall then terminate thirty (30) days from the date of the second written notice. 4.3. All notices between Client and Jani -King shall be in writing. Any notice shall be deemed duly served if such notice is deposited, postpaid and certified, with the United States Postal Service, or a recognized common parcel courier providing express, receipted delivery to the address stated on the signature page of this Agreement for Jani -King or Client. All other notices, including notices personally delivered to individuals performing services under this Agreement, shall be ineffective. Either party may change the address of notice by providing the other party written notice of such change. Time is of the essence for all notices required under the terms of this Agreement. 5. GENERAL PROVISIONS 5.1. In the event it becomes necessary for either party to institute suit against the other to secure or protect its rights under this Agreement, the prevailing party shall be entitled to all associated costs of the suit, including reasonable attorney's fees, administrative fees, court costs and damages as part of any judgment entered in its favor. 5.2. The terms of this Agreement shall be binding upon and inure to the benefit of Jani -King and Client and their respective heirs, representatives, successors and assigns, except as otherwise herein provided. This Agreement shall be binding on Jani -King at the time of execution by an authorized Jani -King agent. In the event this Agreement is executed by an authorized franchise owner of Jani -King, it shall not be binding on Jani -King until it has been approved and executed by an authorized Jani -King agent. Jani -King franchise owners are not authorized to bind Jani -King to this Agreement. 5.3. Any waiver by either party to this Agreement of a breach of any term or condition of this Agreement shall not constitute a waiver of any subsequent breach of the same or any other term or condition of this Agreement. 5.4. Jurisdiction and venue for any suit brought on this Agreement shall be in the governmental division of the county where the Jani -King regional office is located. 5.5. The parties acknowledge that this Agreement and the exhibits supersede all prior agreements, representations, and understandings of the parties. No changes to this Agreement will be effective unless signed by both parties and attached hereto. 5.6. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable; this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement; and, the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by such illegal, invalid, or unenforceable provision or by its severance from this Agreement. - JANI -KING MAINTENANCE AGREEMENT (3/4) - IN WITNESS WHEREOF, the Parties hereto have set their hands this 29th day of March, 2023. Jani -King of Tulsa Signature of Jani- King's Authorized Agent Richard L Robertson/Regional Director Print Name /Title Notice Address for Joni -King: Street: City: State: Zip Code: City of Owasso Parks Signature of Client's Authorized Agent Print Name /Title Billing and Notice Address of Client: Street: City: State: Zip Code: - JANI -KING MAINTENANCE AGREEMENT (414) - INITIAL CLEAN OPTIONS To bring your facility up the standard(s) to be serviced within the proposed "Maintenance Agree- ment" an "Initial Clean" may be performed. Upon Client's authorization below, the following lx "Initial Clean" Services will be performed for the fee listed below (tax not included): Named Areas $'= 'Total FLOORS 1. Machine strip all tile floors, taking care to get into corners, along edges and beneath furnishings. 2. Rinse, reseal and refinish all tile floors. 3. Care shall be exercised so that baseboards, walls and furniture shall not be splashed, marred, disfigured or damaged during these operations. SCRUB CERAMIC FLOORS 1. Thoroughly scrub and rinse ceramic flooring. GENERAL CLEANING 1. Thoroughly damp wipe vertical and horizontal surfaces including desks, files, and windowsills, tables, chairs, telephones and calculators. 2. Accomplish all high dusting of light fixtures, air diffusers and door frames. 3. Wash all partition and lobby glass. RESTROOMS 1. Scour and disinfect all basins, toilets, urinals, and showers inside & outside. 2. Polish all bright work, attempting to remove lime and mineral deposits. 3. Wash trash receptacles, using a disinfectant. 4. Wash partitions with a high co- efficient disinfectant. CARPET 1. Shampoo carpet using the Bonnet /extraction method. _ 2. Care shall be exercised so that baseboards, walls, & furniture shall not be splashed, marred, disfigured or damaged. WINDOWS 1. Thoroughly wash exterior windows, interior and exterior sides. 2. Damp wipe all window frames. MINIMUMS: Strip /wax 5150.00, Scrub /coat $150.00, Scrub CT $100.00, Jani -King Signature Client's Authorizing Signature Carpet Extraction $100.00, Carpet Bonnet $75.00 Initial Clean Price: $ Initial Clean to Be Performed on or Before: _ (not to ¢steed 30 days from the date ofthisAe reement) - EXHIBIT - ADDITIONAL CLEAN OPTIONS Any additional cleans or services may be performed, upon request, for an additional fee. Carpet Shampoo Upon Request Initial to Authorize Strip, reseal and refinish N/A tile floors Initial to Authorize Window Washing As Needed (Interior) Initial to Authorize Window Washing Upon Request (Exterior) Initial to Authorize Other: Initial to Authorize - EXHIBIT - Customized Service Proposal for City of Owasso Parks OTHER SERVICES 1. Defective or inoperable building equipment will be brought to the attention of CLIENT, for example: • leakage or problem plumbing. • defective lights or lighting. • doors and /or gates not properly secured. • other unusual circumstances that might affect the security, maintenance or effectiveness of the facility. 2. A Teflon -type carpet protector will be applied, upon request, for an additional fee. 3. An anti - static material will be applied to all carpeting, upon request, for an additional fee. 4. Care will be exercised so that baseboards, walls, and furniture will not be splashed, marred, disfigured, or damaged during these or any other scheduled operations. 5. Janitor closets, equipment, and materials will be kept in a neat, clean, and orderly condition at all times. 6. Any emergency cleaning accomplished for a nominal fee. TO: The Honorable Mayor and City Council FROM: Larry Langford, Director of Recreation & Culture SUBJECT: Parks Mowing Contract Approval DATE: March 31, 2023 BACKGROUND: The City of Owasso contracts mowing services for six of the City parks. The current contracts have ended and staff is proposing that new contracts be established. Generally, the mowing season is April through October and each park is mowed once every seven days. SOLICITATION OF BIDS: In accordance with local ordinances, a sealed bid process was utilized. The public bid opening occurred on March 28, 2023, with three (3) contractors submitting bids. A summary of the bids is as follows: Contractor Ator Elm Creek Rayola Skate Veterans McCarty Simply Lawns, LLC $225.00 $175.00 $200.00 Barham Lawn Care $80.00 $220.00 160.00 $55.00 $55.00 $165.00 TurFworx, LLC $85.00 $260.00 $210.00 $75.00 $52:00 $165.00 City staff completed a bid evaluation and determined the lowest bids for Ator, Elm Creek, Rayola, and Skate Park submitted by Barham Lawn Care & Hardscapes of Claremore, Oklahoma, and the lowest bid for Veterans Park by Turfworx, LLC of Owasso, Oklahoma, met the requirements. Both vendors have performed several mowing projects and are competent, qualified, responsible bidders. In an unusual occurrence, both bidders were tied on the price for McCarty Park. To ensure the parks are maintained throughout the season without any disruption, staff believes it is beneficial to retain more than one vendor. Both vendors were contacted and made aware of the tie for McCarty Park, and both understood and agreed to the proposed split of the bid award. PROPOSED CONTRACT: In addition to the mowing scope of work and timeline, the proposed contracts also contain language that awarded vendors may be given the option of mowing the some properties during the 2024 and 2025 mowing seasons at the 2023 contract price, should the City decide to continue contracting the park mowing services. Continuation of the contract would require City Council ratification of each year's contract. RECOMMENDATION: Staff recommends awarding a Park Mowing Contract to Barham Lawn Care and Hardscapes of Claremore, Oklahoma, in the amount of $80.00 per mowing for Afar Park, $220.00 per mowing for Elm Creek Park, $160.00 per mowing for Rayola Park and $55.00 per mowing for Skate Park. Staff further recommends awarding a Park Mowing Contract to Turfworx, LLC of Owasso, Oklahoma, in the amount of $52.00 per mowing for Veterans Park and $165.00 per mowing for McCarty Park, and authorization to execute all necessary documents. ATTACHMENTS: Contracts CONTRACT FOR INDEPENDENT SERVICES PARKS - MOWING CONTRACT made this 4th day of April, 2023, between Barham Lawn Care & Hardscapes (hereinafter referred to as "Contractor ") and THE CITY OF OWASSO, an Oklahoma municipality operating pursuant to its charter (hereinafter referred to as "City "). IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN, IT IS AGREED BY AND BETWEEN CONTRACTOR AND CITY AS FOLLOWS, TO -WIT: SECTION ONE RELATIONSHIP OF PARTIES The parties intend that an independent contractor relationship be established by this Contract. Contractor is not to be considered as an agent or employee of the City for any purpose, nor is Contractor entitled to any of the benefits. SECTION TWO DESCRIPTION OF WORK The City hereby contracts with Contractor for the mowing of city property, more particularly Ator Park, Elm Creek Park, Rayola Park, and Skate Park (see attached maps). Such work is to be accomplished once every seven days, beginning on April 2023,, and continuing through October 16, 2023. Mowing shall be accomplished between the hours of 8:00 and 5:00 p.m. Monday through Friday. No mowing shall be done on the weekends (5:00 p.m. Friday to 8:00 a.m. Monday). There shall be no mowing when there is sufficient moisture to cause the ejected grass clippings to clump, and there shall be no mowing on Ozone Alert days. The required duties of the Contract will be according to Bid specifications dated February 2020. The Contractor covenants unto the City that Contractor possesses sufficient equipment capable of performing the services called for hereunder in a timely manner. It is understood and agreed that the time of performance, as provided above, is of the essence and that any delay in performance would be unacceptable and serve as grounds for early termination of this Contract. Further, it is understood that at any time, and for as many times as City deems appropriate, the City shall have the opportunity to inspect all work being performed by Contractor to assure the accuracy thereof for the benefit of City. SECTION THREE COMPENSATION For the work performed under this Contract, the City will pay Contractor the sum of $80.00 for Ator Park, $220.00 for Elm Creek Park, $160.00 for Rayola Park, and $55.00 for Skate Park per mowing. Mowing shall be once every seven days, such sum payable on or before thirty (30) days after Contractor's billing. It is specifically understood that such payment constitutes total compensation hereunder and that no further compensation shall be provided to the Contractor. It will be the responsibility of the Contractor to mow within the specified time schedule, to call for an inspection of work each time it is completed, and to turn in all invoices due by the last day of each month for payment to be made following the second City Council meeting of the next month. SECTION FOUR TERM The effective date of this Contract shall be on the _ day of April 2023 and continue through the 16th day of October 2023. Additional mowing may be required after October 161h, 2023, depending upon the actual growing season, and will be at the sole discretion of the City. The City may, for its convenience, at any time terminate this Contract by serving written notice of such termination upon the Contractor, as well as providing compensation due for services rendered through the date of termination. Contractors awarded contracts in 2023 may be given the option of mowing the some property during the 2024 and 2025 mowing seasons at the 2023 contract price, should the City decide to continue to contract out the mowing for those years. If that should occur, contractors will be contacted by the City and will be required to execute a new contract for each year that he /she wishes to mow the property. This will be done prior to issuing bid documents, and those properties will not be included in the bid documents. SECTION FIVE ENTIRE CONTRACT The foregoing represents the entire understanding between the parties. No modification, variation, change, addition, deletion, or alteration of the relationship of the parties shall be effective unless agreed to in writing and executed by both parties hereto. SECTION SIX CHOICE OF LAW This Contract shall be construed in accordance with the laws of the State of Oklahoma. IN WITNESS WHEREOF, the parties hereto have executed this Contract at Owasso, Oklahoma, the day and year first above written. THE CITY OF OWASSO, OK ( "CITY ") "CONTRACTOR" Warren Lehr, City Manager ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM AND CONTENT: Julie Trout Lombardi, City Attorney By: Please Print Signature CONTRACT FOR INDEPENDENT SERVICES PARKS—MOWING CONTRACT made this 4th day of April 2023 between Turfworx LLC (hereinafter referred to as "Contractor') and THE CITY OF OWASSO, an Oklahoma municipality operating pursuant to its charter (hereinafter referred to as "City "). IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN, IT IS AGREED BY AND BETWEEN CONTRACTOR AND CITY AS FOLLOWS, TO -WIT: SECTION ONE RELATIONSHIP OF PARTIES The parties intend that an independent contractor relationship be established by this Contract. Contractor is not to be considered as an agent or employee of the City for any purpose, nor is Contractor entitled to any of the benefits. SECTION TWO DESCRIPTION OF WORK The City hereby contracts with Contractor for the mowing of city property, more particularly Veterans Park & McCarty /Dog Park (see attached maps). Such work is fo be accomplished once every seven days beginning on April i 2023, and continuing through October 16, 2023. Mowing shall be accomplished between the hours of 8:00 and 5:00 p.m. Monday through Friday. No mowing shall be done on the weekends (5:00 p.m. Friday to 8:00 a.m. Monday). There shall be no mowing when there is sufficient moisture to cause the ejected grass clippings to clump, and there shall be no mowing on Ozone Alert days. The required duties of the Contract will be according to Bid specifications dated February 2020. The Contractor covenants unto the City that Contractor possesses sufficient equipment capable of performing the services called for hereunder in a timely manner. It is understood and agreed that the time of performance, as provided above, is of the essence and that any delay in performance would be unacceptable and serve as grounds for early termination of this Contract. Further, it is understood that at any time, and for as many times as City deems appropriate, the City shall have the opportunity to inspect all work being performed by Contractor, to assure the accuracy thereof for the benefit of City. SECTION THREE COMPENSATION For the work performed under this Contract, the City will pay Contractor the sum of $52.00 for Veterans Park and $165.00 for McCarty /Dog Park per mowing. Mowing shall be once every seven days, such sum payable on or before thirty (30) days after Contractor's billing. It is specifically understood that such payment constitutes total compensation hereunder and that no further compensation shall be provided to the Contractor. It will be the responsibility of the Contractor to mow within the specified time schedule, to call for an inspection of work each time it is completed, and to turn in all invoices due by the last day of each month for payment to be made following the second City Council meeting of the next month. SECTION FOUR TERM The effective date of this Contract shall be on the day of April 2023, and continue through the 16th day of October 2023. Additional mowing may be required after October 16th, 2023, depending upon the actual growing season, and will be at the sole discretion of the City. The City may, for its convenience, at any time terminate this Contract by serving written notice of such termination upon the Contractor, as well as providing compensation due for services rendered through the date of termination. Contractors awarded contracts in 2023 may be given the option of mowing the same property during the 2024 and 2025 mowing seasons at the 2023 contract price, should the City decide to continue to contract out the mowing for those years. If that should occur, contractors will be contacted by the City and will be required to execute a new contract for each year that he /she wishes to mow the property. This will be done prior to issuing bid documents, and those properties will not be included in the bid documents. SECTION FIVE ENTIRE CONTRACT The foregoing represents the entire understanding between the parties. No modification, variation, change, addition, deletion, or alteration of the relationship of the parties shall be effective unless agreed to in writing and executed by both parties hereto. SECTION SIX CHOICE OF LAW This Contract shall be construed in accordance with the laws of the State of Oklahoma. IN WITNESS WHEREOF, the parties hereto have executed this Contract at Owasso, Oklahoma, the day and year first above written. THE CITY OF OWASSO, OK ( "CITY ") "CONTRACTOR" Bv: Warren Lehr, City Manager ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM AND CONTENT: Julie Trout Lombardi, City Attorney By: Please Print Signature CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 03125/23 Department Payroll Expenses Total Expenses 105 Municipal Court 6,249.28 7,332.62 110 Managerial 27,040.44 32,679.53 120 Finance 19,886.98 24,080.57 130 Human Resources 11,536.27 13,876.96 160 Community Development 20,574.00 24,961.56 170 Engineering 22,618.04 27,365.51 175 Information Systems 19,359.56 23,331.28 181 Support Services 11,305.38 13,440.67 190 Cemetery 404.64 489.66 201 Police Grant Overtime - 215 Central Dispatch 3,494.56 4,239.05 221 Animal Control 5,363.76 6,336.79 280 Emergency Preparedness 2,627.02 3,192.09 370 Stormwater /ROW Maint. 9,301.43 11,264.17 515 Park Maintenance 9,480.10 11,471.14 520 Culture /Recreation 9,321.40 11,133.51 550 Community- Senior Center 7,794.83 9,052.27 580 Historical Museum 832.40 929.37 720 Strong Neighborhood 399.00 484.83 General Fund Total 187,589.09 225,661.58 185 Garage Fund Total 10 844.96 13 176.52 255 Ambulance Fund Total 553.85 618.38 215 E911 Communication 29,456.41 35,494.73 250 Fire Fund 37 Total 217,680.06 260,068.02 201 Police Fund 38 Total 201,964.99 238,916.04 300 Streets Fund 39 Total 22,605.28 27,401.19 370 Stormwater Fund 27 Total 6,713.27 8,137.57 150 Worker's Compensation Total 720 Strong Neighborhoods Total 4,522.25 5,488.94 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 3130 VENDOR DESCRIPTION AMOUNT AETNA HEALTHCARE MEDICAL SERVICE 94,569.63 HEALTHCARE MEDICAL SERVICE 31,154.65 HEALTHCARE MEDICAL SERVICE 39,234.40 ADMIN FEES 4,416.99 STOP LOSS FEES 97,206.80 HEALTHCARE DEPT TOTAL 266,582.47 DELTA DENTAL DENTAL MEDICAL SERVICE 4,518.63 DENTAL MEDICAL SERVICE 5,590.70 DENTAL DEPT TOTAL 10,109.33 VSP ADMIN FEES 87.80 ADMIN FEES 1,407.22 VISION DEPT TOTAL 1,495.02 HEALTHCARE SELF INSURANCE FUND TOTAL 278,186.82 Scott A. Thompson OKLAHOMA Kevin Stitt Executive Director / Environmental Governor Quality March 2, 2023 Mr. Roger Stevens, Public Works Director City of Owasso P.O. Box 180 (301 W. 2nd Ave.) Owasso, Oklahoma 74055 -0180 Re: Permit No. SL000072230069 Sanitary Sewer for Morrow Place Phase 3 Facility No. S -21310 Dear Mr. Stevens: Enclosed is Permit No. SL000072230069 for the construction of 1,015 linear feet of ten inch PVC, 2,994 linear feet of eight (8) inch PVC sanitary sewer line and all appurtenances to serve Morrow Place Phase 3, Tulsa County, Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approved by this Department on March 02, 2023. Any deviations from the approved plans and specifications affecting capacity, flow or operation of units must be approved, in writing, by the Department before changes are made. Receipt of this permit should be noted in the minutes of the next regular meeting of the City of Owasso, after which it should be made a matter of permanent record. We are returning one (1) set of the approved plans to you, one (1) set to your engineer and retaining one (1) set for our files. Respectfully, Qusay Kabariti, P.E. Construction Permit Section Water Quality Division QK/RC /md Enclosure c: Debbie Nichols, Regional Manager, DEQ TULSA DEQ OFFICE Brian K Kellogg, P.E., Kellogg Engineering, Inc. 707 N. ROBINSON ST, OKLAHOMA CITY, OK 73102 OFFICE: 405- 702 -0100 STATE OF OKLAHOMA OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY DEQ.OK.GOV Scott A. Thompson Executive Director OKLAHOMA FN, Environmental Quality PERMIT TO CONSTRUCT March 02, 2023 Kevin Stitt Governor PERMIT No. SL000072230069 SEWER LINES FACILITY No. S -21310 Pursuant to O.S. 27A 2 -6 -304, the City of Owasso is hereby granted this Tier I Permit to construct 1,015 linear feet of ten inch PVC, 2,994 linear feet of eight (8) inch PVC sanitary sewer line and all appurtenances to serve the Morrow Place Phase 3, located in Section 4, T -21 -N, R -14 -E, Tulsa County, Oklahoma, in accordance with the plans approved March 02, 2023. By acceptance of this permit, the permittee agrees to operate and maintain the facilities in accordance with the "Oklahoma Pollutant Discharge Elimination System Standards - OPDES' (OAC 252:606) rules and to comply with the state certification laws, Title 59, Section 1101 -1116 O.S. and the rules and regulations adopted thereunder regarding the requirements for certified operators. This permit is issued subject to the following provisions and conditions. 1) That the recipient of the permit is responsible that the project receives supervision and inspection by competent and qualified personnel. 2) That construction of all phases of the project will be started within one year of the date of approval or the phases not under construction will be resubmitted for approval as a new project. 3) That no significant information necessary for a proper evaluation of the project has been omitted or no invalid information has been presented in applying for the permit. 4) That wherever water and sewer lines are constructed with spacing of 10 feet or less, sanitary protection will be provided in accordance with OAC 252:656- 5- 4(c)(3) of the standards for Water Pollution Control Facility Construction. 5) That tests will be conducted as necessary to ensure that the construction of the sewer lines will prevent excessive infiltration and that the leakage will not exceed 10 gallons per inch of pipe diameter per mile per day. 6) That the Oklahoma Department of Environmental Quality shall be kept informed of occurrences which may affect the eventual performance of the works or that will unduly delay the progress of the project. 7) That the permittee will take steps to assure that the connection of house services to the sewers is done in such a manner that the functioning of the sewers will not be impaired and that earth and ground water will be excluded from the sewers when the connection is completed. 8) That any deviations from approved plans or specifications affecting capacity, flow or operation of units must be approved by the Department before any such deviations are made in the construction of this project. 707 N. ROBINSON ST., OKLAHOMA CITY, OK 73102. OFFICE: 405- 702 -0100 STATE OF OKLAHOMA -OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY - DEQ.OK.GOV Scott A. Thompson Executive Director OKLAHOMA Environmental PERMIT TO CONSTRUCT PERMIT No. Kevin Stitt Governor SEWER LINES FACILITY No. S -21310 9) That any notations or changes recorded on the official set of plans and specifications in the Oklahoma Department of Environmental Quality files shall be part of the plans as approved. 10) That the recipient of the permit is responsible for the continued operation and maintenance of these facilities in accordance with rules and regulations adopted by the Environmental Quality Board, and that this Department will be notified in writing of any sale or transfer of ownership of these facilities. 11) The issuance of this permit does not relieve the responsible parties of any obligations or liabilities which the permittee may be under pursuant to prior enforcement action taken by the Department. 12) That the permittee is required to inform the developer /builder that a DEQ Storm Water Construction Permit is required for a construction site that will disturb one (1) acre or more in accordance with OPDES, 27A O.S. 2 -6 -201 et. seq. For information or a copy of the GENERAL PERMIT (OKR10) FOR STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES, Notice of Intent (NOI) form, Notice of Termination (NOT) form, or guidance on preparation of a Pollution Prevention Plan, contact the Storm Water Unit of the Water Quality Division at P.O. Box 1677, Oklahoma City, OK 73101 -1677 or by phone at (405) 702 -8100. 13) That all manholes shall be constructed in accordance with the standards for Water Pollution Control Facility Construction (OAC 252:656 -5 -3), as adopted by the Oklahoma Department of Environmental Quality. 14) That when it is impossible to obtain proper horizontal and vertical separation as stipulated in Water Pollution Control Facility Construction OAC 252:656- 5- 4(c)(1) and OAC 252:656- 5- 4(c)(2), respectively, the sewer shall be designed and constructed equal to water pipe, and shall be pressure tested using the ASTM air test procedure with no detectable leakage prior to backfilling, in accordance with the standards for Water Pollution Control Facility Construction OAC 252:656-5 - 4(c)(3). Failure to appeal the conditions of this permit in writing within 30 days from the date of issue will constitute acceptance of the permit and all conditions and provisions. Division 707 N. ROBINSON ST., OKLAHOMA CITY. OK 73102 - OFFICE :405- 702 -0100 STATE OF OKLAHOMA -OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY • DEQ.OK.GOV OKLAHOMA Kevin Stitt Scott A. Thompson Executive Director Environmental Governor Quality February 27, 2023 Mr. Roger Stevens, Public Works Director City of Owasso P.O. Box 180 (301 W. 2nd Ave.) Owasso, Oklahoma 74055 -0180 Re: Permit No. SL000072230126 Sanitary Sewer Main Extension for Tyner House Apartments Facility No. S -21310 Dear Mr. Stevens: Enclosed is Permit No. SL000072230126 for the construction of 100 linear feet of eight (8) inch PVC sanitary sewer line and all appurtenances to serve Tyner House Apartments, Tulsa County, Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approved by this Department on February 27, 2023. Any deviations from the approved plans and specifications affecting capacity, flow or operation of units must be approved, in writing, by the Department before changes are made. Receipt of this permit should be noted in the minutes of the next regular meeting of the City of Owasso, after which it should be made a matter of permanent record. We are returning one (1) set of the approved plans to you, one (1) set to your engineer and retaining one (1) set for our files. Respectfully, Qusay Kabariti, P.E. Construction Permit Section Water Quality Division QK/RC /md Enclosure c: Debbie Nichols, Regional Manager, DEQ TULSA DEQ OFFICE David P Henke Jr., PE, Gridline Engineering 707 N. ROBINSON ST., OKLAHOMA CITY, OK 73102 -OFFICE: 405702 -0100 STATE OF OKLAHOMA OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY DEQ.OK.GOV Scott A. Thompson OKLAHOMA Kevin Stitt Executive Director Governor Quality PERMIT No. SL000072230126 SEWER LINES FACILITY No. S -21310 PERMIT TO CONSTRUCT February 27, 2023 Pursuant to O.S. 27A 2 -6 -304, the City of Owasso is hereby granted this Tier I Permit to construct 100 linear feet of eight (8) inch PVC sanitary sewer line and all appurtenances to serve Tyner House Apartments, located in Section 30, T -14 -N, R -14 -E, Tulsa County, Oklahoma, in accordance with the plans approved February 27, 2023. By acceptance of this permit, the permittee agrees to operate and maintain the facilities in accordance with the "Oklahoma Pollutant Discharge Elimination System Standards - OPDES" (OAC 252:606) rules and to comply with the state certification laws, Title 59, Section 1101 -1116 O.S. and the rules and regulations adopted thereunder regarding the requirements for certified operators. This permit is issued subject to the following provisions and conditions. 1) That the recipient of the permit is responsible that the project receives supervision and inspection by competent and qualified personnel. 2) That construction of all phases of the project will be started within one year of the date of approval or the phases not under construction will be resubmitted for approval as a new project. 3) That no significant information necessary for a proper evaluation of the project has been omitted or no invalid information has been presented in applying for the permit. 4) That wherever water and sewer lines are constructed with spacing of 10 feet or less, sanitary protection will be provided in accordance with OAC 252:656 -5- 4(c)(3) of the standards for Water Pollution Control Facility Construction. 5) That tests will be conducted as necessary to ensure that the construction of the sewer lines will prevent excessive infiltration and that the leakage will not exceed 10 gallons per inch of pipe diameter per mile per day. 6) That the Oklahoma Department of Environmental Quality shall be kept informed of occurrences which may affect the eventual performance of the works or that will unduly delay the progress of the project. 7) That the permittee will take steps to assure that the connection of house services to the sewers is done in such a manner that the functioning of the sewers will not be impaired and that earth and ground water will be excluded from the sewers when the connection is completed. 8) That any deviations from approved plans or specifications affecting capacity, flow or operation of units must be approved by the Department before any such deviations are made in the construction of this project. 707N. ROBINSON ST., OKLAHOMA CITY, OK 73102. OFFICE: 405- 702 -0100 STATE OF OKLAHOMA -OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY - DEQ.OK.GOV Scott A. Thompson Executive Director OKLAHOMA Environmental ^e Quality PERMIT TO CONSTRUCT Kevin Stitt Governor PERMIT No. SL000072230126 SEWER LINES FACILITY No. S -21310 9) That any notations or changes recorded on the official set of plans and specifications in the Oklahoma Department of Environmental Quality files shall be part of the plans as approved. 10) That the recipient of the permit is responsible for the continued operation and maintenance of these facilities in accordance with rules and regulations adopted by the Environmental Quality Board, and that this Department will be notified in writing of any sale or transfer of ownership of these facilities. 11) The issuance of this permit does not relieve the responsible parties of any obligations or liabilities which the permittee may be under pursuant to prior enforcement action taken by the Department. 12) That the permittee is required to inform the developer /builder that a DEQ Storm Water Construction Permit is required for a construction site that will disturb one (1) acre or more in accordance with OPDES, 27A O.S. 2 -6 -201 et. seq. For information or a copy of the GENERAL PERMIT (OKR10) FOR STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES, Notice of Intent (NOI) form, Notice of Termination (NOT) form, or guidance on preparation of a Pollution Prevention Plan, contact the Storm Water Unit of the Water Quality Division at P.O. Box 1677, Oklahoma City, OK 73101 -1677 or by phone at (405) 702 -8100. 13) That all manholes shall be constructed in accordance with the standards for Water Pollution Control Facility Construction (OAC 252:656 -5 -3), as adopted by the Oklahoma Department of Environmental Quality. 14) That when it is impossible to obtain proper hor¢ontal and vertical separation as stipulated in Water Pollution Control Facility Construction OAC 252:656- 5- 4(c)(1) and OAC 252:656- 5- 4(c)(2), respectively, the sewer shall be designed and constructed equal to water pipe, and shall be pressure tested using the ASTM air test procedure with no detectable leakage prior to backfilling, in accordance with the standards for Water Pollution Control Facility Construction OAC 252:656-5 - 4(c)(3). Failure to appeal the conditions of this permit in writing within 30 days from the date of issue will constitute acceptance of the permit and all conditions and provisions. 17_16 Division 707 N. ROBINSON ST., OKLAHOMA CITY, OK 73102. OFFICE: 405 - 702-0100 STATE OF OKLAHOMA • OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY - DEQ.OK.GOV Scoff A. A. Thompson OKLAHOMA Kevin Stitt Executive Director Environmental Governor Quality March 24, 2023 Mr. Roger Stevens, Public Works Director City of Owasso P.O. Box 180 (301 W. 2nd Ave.) Owasso, Oklahoma 74055 -0180 Re: Permit No. SL000072230051 Sanitary Sewer to serve Roots Coffee Facility No. S -21310 Dear Mr. Stevens: Enclosed is Permit No. SL000072230051 for the construction of 163 linear feet of eight (8) inch PVC sanitary sewer line and all appuetenances to serve Roots Coffee, Tulsa County, Oklahoma. The project authorized by this permit should be constructed in accordance with the plans approved by this Department on March 24, 2023. Any deviations from the approved plans and specifications affecting capacity, flow or operation of units must be approved, in writing, by the Department before changes are made. Receipt of this permit should be noted in the minutes of the next regular meeting of the City of Owasso, after which it should be made a matter of permanent record. We are returning one (1) set of the approved plans to you, one (1) set to your engineer and retaining one (1) set for our files. Respectfully, Qusay Kabariti, P.E. Construction Permit Section Water Quality Division QK/RC /md Enclosure c: Debbie Nichols, Regional Manager, DEQ TULSA DEQ OFFICE Billy Cox, P.E., Route 66 Engineering 707 N. ROBINSON ST., OKLAHOMA CITY, OK 73102 OFFICE: 405- 702 -0100 STATE OF OKLAHOMA OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY DEQ.OK.GOV Scott A. Thompson Executive Director OKLAHOMA Environmental Quality PERMIT TO CONSTRUCT March 24, 2023 Kevin Stitt Governor PERMIT No. SL000072230051 SEWER LINES FACILITY No. S -21310 Pursuant to O.S. 27A 2-6 -304, the City of Owasso is hereby granted this Tier I Permit to construct 163 linear feet of eight (8) inch PVC sanitary sewer line and all appuetenances to serve Roots Coffee, located in Section 16, T -21 -N, T -14 -E, Tulsa County, Oklahoma, in accordance with the plans approved March 24, 2023. By acceptance of this permit, the permittee agrees to operate and maintain the facilities in accordance with the "Oklahoma Pollutant Discharge Elimination System Standards - OPDES" (OAC 252:606) rules and to comply with the state certification laws, Title 59, Section 1101 -1116 O.S. and the rules and regulations adopted thereunder regarding the requirements for certified operators. This permit is issued subject to the following provisions and conditions. 1) That there will be no additional services or connections added to the sanitary sewer service line that crosses under Owasso Expressway. The applicant must notify the private business owner of their responsibility for the future upkeep and maintenance of the service line crossing under Owasso Expressway. 2) That the recipient of the permit is responsible that the project receives supervision and inspection by competent and qualified personnel. 3) That construction of all phases of the project will be started within one year of the date of approval or the phases not under construction will be resubmitted for approval as a new project. 4) That no significant information necessary for a proper evaluation of the project has been omitted or no invalid information has been presented in applying for the permit. 5) That wherever water and sewer lines are constructed with spacing of 10 feet or less, sanitary protection will be provided in accordance with OAC 252:656- 5- 4(c)(3) of the standards for Water Pollution Control Facility Construction. 6) That tests will be conducted as necessary to ensure that the construction of the sewer lines will prevent excessive infiltration and that the leakage will not exceed 10 gallons per inch of pipe diameter per mile per day. 7) That the Oklahoma Department of Environmental Quality shall be kept informed of occurrences which may affect the eventual performance of the works or that will unduly delay the progress of the project. 8) That the permittee will take steps to assure that the connection of house services to the sewers is done in such a manner that the functioning of the sewers will not be impaired and that earth and ground water will be excluded from the sewers when the connection is completed. 707 N. ROBINSON ST., OKLAHOMA CITY, OK 73102 -OFFICE: 405 -702 -0100 STATE OF OKLAHOMA -OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY - DEQ.OK.GOV Scott A. OKLAHOMA Thompson Kevin Stitt Executive Director; Environmental Governor Quality PERMIT No. SL000072230051 SEWER LINES FACILITY No. S -21310 PERMIT TO CONSTRUCT 9) That any deviations from approved plans or specifications affecting capacity, flow or operation of units must be approved by the Department before any such deviations are made in the construction of this project. 10) That any notations or changes recorded on the official set of plans and specifications in the Oklahoma Department of Environmental Quality files shall be part of the plans as approved. 11) That the recipient of the permit is responsible forthe continued operation and maintenance of these facilities in accordance with rules and regulations adopted by the Environmental Quality Board, and that this Department will be notified in writing of any sale or transfer of ownership of these facilities. 12) The issuance of this permit does not relieve the responsible parties of any obligations or liabilities which the permittee may be under pursuant to prior enforcement action taken by the Department. 13) That the permittee is required to inform the developer /builder that a DEQ Storm Water Construction Permit is required for a construction site that will disturb one (1) acre or more in accordance with OPDES, 27A O.S. 2 -6 -201 et. seq. For information or a copy of the GENERAL PERMIT (OKR10) FOR STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES, Notice of Intent (NOI) form, Notice of Termination (NOT) form, or guidance on preparation of a Pollution Prevention Plan, contact the Storm Water Unit of the Water Quality Division at P.O. Box 1677, Oklahoma City, OK 73101 -1677 or by phone at (405) 702 -8100. 14) That all manholes shall be constructed in accordance with the standardsfor Water Pollution Control Facility Construction (OAC 252:656 -5 -3), as adopted by the Oklahoma Department of Environmental Quality. 15) That when it is impossible to obtain proper horizontal and vertical separation as stipulated in Water Pollution Control Facility Construction OAC 252:656- 5- 4(c)(1) and OAC 252:656- 5- 4(c)(2), respectively, the sewer shall be designed and constructed equal to water pipe, and shall be pressure tested using the ASTM air test procedure with no detectable leakage prior to backfilling, in accordance with the standards for Water Pollution Control Facility Construction OAC 252:656-5 - 4(c)(3). Failure to appeal the conditions of this permit in writing within 30 days from the date of issue will constitute acceptance of the permit and all conditions and provisions. Division 707 N. ROBINSON ST., OKLAHOMA CITY, OK 73102. OFFICE: 405- 702 -0100 STATE OF OKLAHOMA - OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY - DEQ.OK.GOV