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HomeMy WebLinkAbout2023.06.06_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL Council Chambers Old Central Building 109 North Birch, Owasso, OK Tuesday, June 6, 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 RECEIVED 2. Invocation - Pastor Scott Carlson of the Refuge Owasso JUN 02 2023 3. Flag Salute 4. Roll Call City Clerk's Office 5. Presentation of the Character Trait of Flexibility - Chelsea Levo Feary, Owasso Character Council 6. Recognition of the Owasso Character Council Scholarship Recipients -Mayor Kelly Lewis 7. 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 - May 16, 2023, Regular Meeting B. Approve claims C. Accept public infrastructure improvements of a concrete approach, stormwater piping, and potable waterline located at 13402 East 86th Street North (Ascension St. John) D. Accept public infrastructure improvements of concrete work including approaches, stormwater piping, potable waterline located at 7301 North 115th East Avenue (Helschel Huneyager Industrial Park) E. Accept public infrastructure improvements of a sanitary sewer line extension located at 10304 North Garnett Road (Vision Source) F. Accept a donation from the Cherokee Nation in the amount of $3,500.00 and approve a budget amendment increasing the estimate of revenues and the appropriation for expenditures in the Half -Penny Sales Tax Fund (Fire) by $3,500.00 8. Consideration and appropriate action relating to items removed from the Consent Agenda 9. PUBLIC HEARING - The City Council will conduct a public hearing for the purpose of receiving citizen input and discussing the proposed FY 2023 -2024 Annual Operating Budget Chris Garrett /Carly Novozinsky 10. Consideration and appropriate action relating to an amendment to the current contract for park restroom facilities with Jani -King Janitorial Services, of Tulsa, Oklahoma, to include the Sports Park South restroom facilities Chris Garrett Staff recommends amending the janitorial services contract by adding the Sports Park South restroom facilities and increasing the monthly payment of $4,302.00 by $614.00, resulting in a total of $4,916.00 per month, for March through November, and authorization to execute all necessary documents. 11. Consideration and appropriate action relating to Resolution 2023 -11, amending the list of Capital Improvement Projects eligible for funding from the Capital Improvements Fund to include East 86th Street North Widening from North Main Street to North Garnett Road Chris Garrett Staff recommends approval of Resolution 2023-11. Owasso City Council June 6, 2023 Page 2 12. Consideration and appropriate action relating to an agreement between the Board of Tufsa County Commissioners and the City of Owasso for paving assistance on Mingo Road from East 96th Street North to North 116th Street North Roger Stevens Staff recommends approval of the Interlocal Agreement with Tulsa County, authorization to execute the necessary documents, and authorization for payment to Tulsa County in an amount not to exceed $350,000.00. 13. Consideration and appropriate action relating to bids received for the Hale Acres Waterline Replacement Project Roger Stevens Staff recommends awarding Alternate #1 in the amount of $377,942.91 to Stronghand LLC of Tulsa, Oklahoma, contingent upon approval by the Owasso Public Works Authority, and authorization to execute all necessary documents. 14. Consideration and appropriate action relating to an agreement for right-of-way acquisition services for the East 96th Street North and North 145th East Avenue Intersection Improvement Project Roger Stevens Staff recommends approval of the Right-of-Way Consultant Agreement with Universal Field Services, Inc., of Tulsa, Oklahoma, in an amount not to exceed $99,750.00, and authorization to execute all necessary documents. 15. Consideration and appropriate action relating to a contract with the Fraternal Order of Police (FOP) Lodge #149 for FY 2023-2024 Michele Dempster Staff recommends approval of the FY 2023-2024 contract between the City of Owasso and the Fraternal Order of Police, Lodge # 149, and authorization to execute all necessary documents. 16. Report from City Manager • Monthly Public Works Project Status Report 17. Report from City Attorney 18. Report from City Councilors 19. Official Notices (documents for acknowledgment of receipt or information only, no discussion or action will be taken) • Payroll Payment Report - Pay Period Ending Date May 20, 2023 • Health Care Self- Insurance Claims - dated as of May 31, 2023 • Change Orders No. 1, 2, and 3 executed by the City Manager or designee for the Recycle Center Expansion Project • Change Order No. 1 executed by the City Manager or designee for the East 116th Street North Roadway Improvements from Mingo Road to Garnett Road Project 20. New Business (New Business is any Item of business which could not have been foreseen at the time of posting of the agenda) 21. 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 5:00 pm on Friday, June 2, 2023. M. Stevens, City The City of Owasso encourages citizen participation. To request an ccommodation due to a disability, contact the City Clerk of least 48 hours prior to the scheduled meeting by phone 918 - 376 -1502 or by email to istevens@citvofowosso.com OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING TUESDAY, MAY 16, 2023 The Owasso City Council met in regular session on Tuesday, May 16, 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 6:00 pm on Friday, May 12, 2023. 1. Call to Order - Mayor Kelly Lewis called the meeting to order at 6:30pm. 2. Invocation - The Invocation was offered by Pastor Claud Slate of Fireside Baptist Church. 3. Flag Salute - Councilor Lyndell Dunn led the flag salute. 4. Roll Call - A quorum was declared present. Present Absent Mayor - Kelly Lewis None Vice Mayor- Alvin Fruga Councilor- Doug Bonebrake Councilor - Lyndell Dunn Councilor- Dr. Paul Loving Staff: City Manager - Warren Lehr / City Attorney - Julie Lombardi S. Presentation of the Employee of the Quarter - Warren Lehr presented the Employee of the Quarter to Alexa Beemer, Planning Manager. 6. 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 - May 2, 2023, and May 9, 2023, Regular Meetings B. Approve claims Mr. Bonebrake moved, seconded by Mr. Dunn to claims totaling $832,922.98. YEA: Bonebrake, Dunn, Loving, Fruga, Lewis NAY: None Motion carried: 5 -0 approve the Consent Agenda as presented, with 7. Consideration and appropriate action relating to items removed from the Consent Agenda - None 8. PUBLIC HEARING - The City Council will conduct a public hearing for the purpose of receiving citizen input on a proposed amendment to the list of Capital Improvement Projects eligible for funding from the Capital Improvements Fund to include East 86th Street North Widening from North Main Street to North Garnett Road Chris Garrett and Dwayne Henderson presented the item. At 6:43 pm, the Mayor opened the Public Hearing for comment. There were no comments from the audience. At 6:44 pm, the Mayor closed the public hearing. 9. Consideration and appropriate action relating to citizen appointments to various City Boards and Committees Mayor Kelly Lewis presented the item recommending the following appointments: AUDIT COMMITTEE: Doug Bonebrake, Seat 1, City Council - term expires June 30, 2024 Robert Curfman, Seat 3, Business Person - term expires June 30, 2026 Andrea O'Dell, Seat 4, Non Practicing CPA - term expires June 30, 2026 BOARD OF ADJUSTMENT: Dean Knoten - term expires June 30, 2026 Owasso City Council May 16, 2023 Page 2 Heather Cunningham - term expires June 30, 2026 CAPITAL IMPROVEMENTS COMMITTEE: term expires June 30, 2024 Doug Bonebrake, City Council Representative Lyndell Dunn, City Council Representative David Smith, Planning Commission Representative Dirk Thomas, OEDA Representative Jeff Davis, Citizen Representative Keith Whitfield, Citizen Representative Jason Drake, Citizen Representative Rob Haskins, Citizen Representative Jim Hunter, Citizen Representative Kent Inouye, Citizen Representative Chris Garrett, Assistant City Manager Warren Lehr, City Manager Carly Novozinsky, Finance Director OWASSO ECONOMIC DEVELOPMENT AUTHORITY: Dee Sokolosky - term expires June 30, 2028 Alvin Frugal, City Council - term expires June 30, 2024 Chelsea Levo Feary, Owasso Chamber of Commerce - term expires June 30, 2024 PERSONNEL BOARD: Jerry Duke - term expires June 30, 2026 PLANNING COMMISSION: Chad Balthrop - term expires June 30, 2026 SALES TAX OVERSIGHT COMMITTEE: term for lifetime of sales fax or resignation Matt Inouye, Citizen Representative Brian Johnston, Citizen Representative INDIAN NATIONS COUNCIL OF GOVERNMENTS BOARD OF DIRECTORS GENERAL ASSEMBLY: term expires June 30, 2025 Kelly Lewis, City Council Warren Lehr, City Manager (Alternate) INCOG TRANSPORTATION POLICY COMMITTEE: term expires June 30, 2024 Doug Bonebrake, City Council Warren Lehr, City Manager (Alternate) INCOG TRANSPORTATION TECHNICAL COMMITTEE: term expires June 30, 2024 Roger Stevens, Public Works Director Dwayne Henderson (Alternate) REGIONAL METROPOLITAN UTILITY AUTHORITY: term expires June 30, 2024 Roger Stevens, Public Works Director Dwayne Henderson (Alternate) There were no comments from the audience. Mr. Bonebrake moved, seconded by Mr. Dunn to approve the appointments, as recommended. YEA: Bonebrake, Dunn, Loving, Fruga Lewis NAY: None Motion carried: 5-0 10. Consideration and appropriate action relating to a payment to the Owasso Community Foundation for the Owasso Strong Neighborhood Initiative's 2023 Neighborhood Matching Grant Program Jerry Fowler presented the item, recommending authorization for payment in the amount of $30,000.00 to the Owasso Community Foundation. There were no comments from the audience. After discussion, Mr. Dunn moved, seconded by Dr. Loving to authorize payment, as recommended. YEA: Bonebrake, Dunn, Loving, Fruga, Lewis NAY: None Motion carried: 5-0 Owasso City Council May 16, 2023 Page 3 11. Consideration and appropriate action relating to request for a final plat for Garnett Business Plaza, consisting of approximately 1.185 acres and located west of North Garnett Road and north of East 103rd Street North Wendy Kramer presented the item, recommending approval of the Garnett Business Plaza Final Plat. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Ms. Lewis to approve the final plat, as recommended. YEA: Bonebrake, Dunn, Loving, Fruga, Lewis NAY: None Motion carried: 5 -0 12. Consideration and appropriate action relating to the acquisition of right -of -way and easement for the East 106th Street North and North 129th East Avenue Intersection Improvement Project Roger Stevens presented the item, recommending authorization for payment in the amount of $40,000.00 to Jerry D. Mercer Family Trust for right-of-way and easement located at 12712 East 107th Street North. There were no comments from the audience. Mr. Dunn moved, seconded by Mr. Bonebrake to authorize payment, as recommended. YEA: Bonebrake, Dunn, Loving, Fruga, Lewis NAY: None Motion carried: 5-0 13. Consideration and appropriate action relating to the acquisition of permanent easement for the East 106th Street North and North 129th East Avenue Intersection Improvement Project Roger Stevens presented the item, recommending authorization for payment in the amount of $26,500.00 to Church of Christ of Owasso, Inc. for permanent easement and other damages located at 10510 North 129th East Avenue. There were no comments from the audience. Mr. Bonebrake moved, seconded by Ms. Lewis to authorize payment, as recommended. YEA: Bonebrake, Dunn, Loving, Fruga, Lewis NAY: None Motion carried: 5-0 14. Consideration and appropriate action relating to an agreement between the City of Owasso and the Oklahoma Department of Transportation (ODOT) for the East 106th Street North and North 129th East Avenue Intersection Improvement Project Dwayne Henderson presented the item, recommending approval of the Project Maintenance, Financing, and Right -of -Way Agreement in an estimated amount of $9,549,610.00 and authorization to execute all necessary documents. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn to approve the agreement and authorize execution of all necessary documents, as recommended. YEA: Bonebrake, Dunn, Loving, Fruga, Lewis NAY: None Motion carried: 5-0 15. Consideration and appropriate action relating to bids received for the Pavement Striping Project March 2023 Daniel Dearing presented the item, recommending to award the base bid and alternates 1 and 2 to Roadsafe Traffic Systems, Inc., of Tulsa, Oklahoma, in the amount of $255,411.50 and authorization to execute all necessary documents. There were no comments from the audience. After discussion, Ms. Lewis moved, seconded by Mr. Bonebrake to award the bid and authorize execution of all necessary documents, as recommended. YEA: Bonebrake, Dunn, Loving, Fruga, Lewis NAY: None Motion carried: 5-0 Owasso City Council May 16, 2023 Page 4 16. Consideration and appropriate action relating to the bid received for the City Hall Hydraulic Elevator and Car Upgrade Larry White presented the item, recommending to award the bid to Schindler Elevator Corporation, of Tulsa, Oklahoma, in the amount of $178,750.00 and authorization to execute all necessary documents. There were no comments from the audience. After discussion, Dr. Loving moved, seconded by Mr. Bonebrake to award the bid and authorize execution of all necessary documents, as recommended. YEA: Bonebrake, Dunn, Loving, Fruga, Lewis NAY: None Motion carried: 5-0 17. Consideration and appropriate action relating to the bids received for the Outdoor Warning System Replacement Project Don Lynch presented the item, recommending rejection of the bids from Acoustic Technology, Inc., American Signal Corporation, and Alertus Technologies for failure to meet the bid specifications and inability to provide the required product; to award the base bid and alternates 1 and 2 to Safety Com, Incorporated of North Littlerock, Arkansas in the amount of $868,525.00; and, authorization to execute all necessary documents. There were no comments from the audience. After discussion, Ms. Lewis moved, seconded by Mr. Bonebrake to reject certain bids for failure to meet specifications, award the bid to Safety Com, Incorporated, and authorize execution of all necessary documents, as recommended. YEA: Bonebrake, Dunn, Loving, Fruga, Lewis NAY: None Motion carried: 5-0 18. Consideration and appropriate action relating to the payment of the Commissioners' Award, Commissioners' Fees, Poundage, and any other assessed court fees in Case No. CJ-2023-00566, City of Owasso v. Crawford, et al., for property located at 10808 North 97th East Avenue, Owasso, Oklahoma Julie Lombardi presented the item, recommending authorization for payment of the Commissioners' Award to the Court in the amount of $5,500.00, compensatory fees to each Commissioner for his or her service in the amount of $1,000.00 each, and poundage in the amount of $85.00, totaling $8,585.00. There were no comments from the audience. Mr. Dunn moved, seconded by Mr. Bonebrake to authorize payment, as recommended. YEA: Bonebrake, Dunn, Loving, Fruga, Lewis NAY: None Motion carried: 5-0 ** City Council Meeting recessed at 7:28 pm, and reconvened at 7:40 pm ** 19. Consideration and appropriate action relating to a request for an executive session for the purposes of discussing the City Attorney and the City Manager employment contract, annual evaluation, and succession planning, as provided for in Title 25, O.S. § 307(8)(1) Mayor Lewis presented the item, recommending to enter into executive session. There were no comments from the audience. Mr. Bonebrake moved, seconded by Mr. Dunn to enter into executive session, as recommended. YEA: Bonebrake, Dunn, Loving, Fruga, Lewis NAY: None Motion carried: 5-0 At 7:40 pm, the City Council members and Warren Lehr entered into Executive Session. At 8:11 pm, Warren Lehr exited Executive Session. At 8:11 pm, Julie Lombardi entered into Executive Session. At 8:31 pm, Julie Lombardi exited Executive Session. At 8:35 pm, Alvin Fruga exited Executive Session. AT 8:37 pm, Alvin Fruga entered into Executive Session. At 8:44 pm, the City Council exited executive session and returned to open session. 20. Report from City Manager - None 21. Report from City Attorney - None 22. Report from City Councilors - None 23. Official Notices - The Mayor acknowledged receipt of the following: • Payroll Payment Report - Pay Period Ending Date May 6, 2023 • Health Care Self- insurance Claims - dated as of May 11, 2023 • Monthly Budget Status Report- April 2023 • Red Flag Policy Annual Report dated May 11, 2023 24. New Business - None 25. Adjournment Mr. Bonebrake moved, seconded by Mr. Dunn to adjourn the meeting. YEA: Bonebrake, Dunn, Loving, Fruga, Lewis NAY: None Motion carried: 5-0 and the meeting adjourned at 8:45 pm. Kelly Lewis, Mayor Juliann M. Stevens, City Clerk Owasso City Council May 16, 2023 Page 5 Fund 01 GENERAL Claims List - 06/06/2023 Vendor Name Payable Description Payment Amount AT &T PHONE USE $26.13 JPMORGAN CHASE BANK ALARM -FIRE MONITOR CH $90.00 JPMORGAN CHASE BANK CENGAGE - TRAINING $299.00 JPMORGAN CHASE BANK CORNERSTONE -KEYS $11.73 JPMORGAN CHASE BANK GRAINGER -PUMP $133.77 JPMORGAN CHASE BANK LIBERTY -CITY FLAGS $217.21 JPMORGAN CHASE BANK LOWES -GFI REPAIR $28.86 JPMORGAN CHASE BANK LOWES -KEYS $7.96 JPMORGAN CHASE BANK ODP- SUPPLIES $29.23 JPMORGAN CHASE BANK SAMS- SUPPLIES $61.09 JPMORGAN CHASE BANK STAPLES- SUPPLIES $44.30 MAGIC REFRIGERATION CO ICE MAKER OLD CENTRAL $3,490.00 UNIFIRST HOLDINGS LP UNIFORMS $22.50 VERIZON WIRELESS WIRELESS CONNECTION $40.01 BUILDING MAINTENANCE -Total $4,501.79 TYLER TECHNOLOGIES, INC. CAD SOFTWARE $34,932.71 CAD SOFTWARE -Total $34,932,71 LEE BHM CORP PUBLICATIONS $61.82 CITYHALL ELEVATOR UPGRADE -Total -Total $61.82 AEP /PSO ELECTRIC USE $190.71 JPMORGAN CHASE BANK ADVANCE -PARTS $46.88 JPMORGAN CHASE BANK AMAZON - SUPPLIES $65.77 JPMORGAN CHASE BANK APPLE - SUBSCRIPTION $49.99 JPMORGAN CHASE BANK COW- EQUIPMENT $77.84 JPMORGAN CHASE BANK ERRONEOUS CHARGE $17.98 JPMORGAN CHASE BANK TOMMYS -CAR WASH $8.00 JPMORGAN CHASE BANK TROYTDVM- SERVICE $225.00 JPMORGAN CHASE BANK WALMART- SUPPLIES $214.00 JPMORGAN CHASE BANK WATERSTONE -DRY CLEAN $83.45 VERIZON WIRELESS WIRELESS CONNECTION $160.06 GEN ANIMAL CONTROL -Total -Total $1,139.68 AEP IPSO ELECTRIC USE $38.95 JPMORGAN CHASE BANK BROWN FARMS -SOD $32.00 JPMORGAN CHASE BANK BUMPER - ABSORBENT $30.98 JPMORGAN CHASE BANK LOWES- BRACING $32.52 SPOK INC. PAGER USE $9.37 UNIFIRST HOLDINGS LP UNIFORM SERVICES $29.22 GEN CEMETERY -Total $173.04 JPMORGAN CHASE BANK SAMS- SUPPLIES $40.98 JPMORGAN CHASE BANK WALMART -BINGO PRIZES $22.36 1 Claims List - 06/06/2023 Fund Vendor Name Payable Description Payment Amount 01 GENERAL SUSAN R CHERMACK PAINTING CLASS $480.00 GEN COMM CTR DONATIONS -Total $2,680.45 $543.34 AEP /PSO ELECTRIC USE $752.87 APS FIRECO TULSA KITCHEN SYSTEM $279.04 JOSHUA QUIGLEY TUITION REIMBURSEMENT $2,613.48 JPMORGAN CHASE BANK AMAZON -CORN HOLE BAGS $27.09 JPMORGAN CHASE BANK AMAZON- SUPPLIES $37.48 JPMORGAN CHASE BANK CHAMBER- LUNCHEON $40.00 JPMORGAN CHASE BANK CINTAS- SUPPLIES $925.32 JPMORGAN CHASE BANK CORNERSTONE -KEYS $5.49 JPMORGAN CHASE BANK COX -WIFI SERV $180.00 JPMORGAN CHASE BANK INTERSTATE - BATTERIES $65.70 JPMORGAN CHASE BANK NRPA -PREP BOOK $98.88 JPMORGAN CHASE BANK QUIT BUGGIN -PEST $95.00 SUMNERONE INC COPIER SERVICES $228.80 GEN COMMUNITY CENTER -Total $2,680.45 $5,349.15 HAROLD RANDALL PINNEY LAWN MAINTENANCE $700.00 JPMORGAN CHASE BANK ACCO- SUPPLIES $167.73 JPMORGAN CHASE BANK INTL CODE -EXAM FEE $290.00 JPMORGAN CHASE BANK NTTA -FEES $2.61 JPMORGAN CHASE BANK ODP- SUPPLIES $44.58 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES $86.54 JPMORGAN CHASE BANK PIKEPASS -FEES $9.00 JPMORGAN CHASE BANK REGISTER - CONFERENCE $175.00 JPMORGAN CHASE BANK TULSA COUNTY- ACCESS $372.60 LORI A SHAW LAWN MAINTENANCE $500.00 TREASURER PETTY CASH NOTARY -LANE $25.00 TREASURER PETTY CASH SVC OK -COMM DEV TAG $92.00 VERIZON WIRELESS WIRELESS CONNECTION $215.39 GEN COMMUNITY DEVELOPMENT - Total $2,680.45 JPMORGAN CHASE BANK CANVA- MARKETING $119.40 GEN CULTURE & RECREATION -Total $119.40 AEP IPSO ELECTRIC USE $21.02 OWASSO CHAMBER OF COMMERCE ECON DEVELOP CONTRACT $11,001.67 GEN ECONOMIC DEV -Total $11,022.69 AEP IPSO ELECTRIC USE $76.84 AT &T PHONE USE $26.13 JPMORGAN CHASE BANK GRAINGER -FIRST AID $148.56 JPMORGAN CHASE BANK HOME DEPOT -BOXES $68.36 JPMORGAN CHASE BANK HOME DEPOT- REFUND ($5.60) 2 Claims List - 06/06/2023 Fund Vendor Name Payable Description Payment Amount 01 GENERAL JPMORGAN CHASE BANK OK CORRECT -SIGNS $254.10 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN EMERG PREPAREDNESS -Total $608.40 JPMORGAN CHASE BANK AMAZON - SAFETY BOOTS $129.00 JPMORGAN CHASE BANK AMAZON- UNIFORMS $12.76 JPMORGAN CHASE BANK ATWOOD - SAFETY BOOTS $209.99 UNIFIRST HOLDINGS LP UNIFORM SERVICES $52.53 UNITED STATES CELLULAR CORPORATION PW CELL PHONES $95.42 VERIZON WIRELESS WIRELESS CONNECTION $80.02 GEN ENGINEERING -Total $579.72 AMBRY REEDER TUITION REIMBURSEMENT $996.00 JPMORGAN CHASE BANK ODP- SUPPLIES $85,78 SUMNERONE INC COPIER SERVICES $53.00 GEN FINANCE -Total $1,134.78 AEP /PSO ELECTRIC USE $3,436.87 AT &T PHONE USE $104.52 ELIZABETH ANNE CHILDS LEGAL SERVICES $1,860.00 JPMORGAN CHASE BANK PIKEPASS -FEES $50.00 JPMORGAN CHASE BANK STAPLES - SUPPLIES $310.10 LEE BHM CORP PUBLICATIONS $946.08 PROSTAR SERVICES INC COFFEE SUPPLIES $96.99 VERIZON WIRELESS WIRELESS CONNECTION $42.87 GEN GENERAL GOVERNMENT -Total $6,847.43 AEP /PSO ELECTRIC USE $92.31 DALE & LEES SERVICE INC MUSEUM AC REPAIR $734.00 JPMORGAN CHASE BANK JOHNSTONE -AC REPAIR $61.83 GEN HISTORICAL MUSEUM -Total $888.14 JPMORGAN CHASE BANK SUNDANCE- SUPPLIES $161.40 GEN HR -CHAR INITIATIVE -Total $161.40 COMMUNITYCARE EAP EAP FEE $468.00 JPMORGAN CHASE BANK ODP- SUPPLIES $11.89 TREASURER PETTY CASH NOTARY - CARRUTH $25.00 TREASURER PETTY CASH NOTARY - CLAIBORNE $30.00 GEN HUMAN RESOURCES -Total $534.89 AT &T PHONE USE $26.13 AT &T MOBILITY PUBLIC SAFE WIRELESS $83.35 JPMORGAN CHASE BANK CDW GOVT -MODEM $398.48 JPMORGAN CHASE BANK EBAY- BACKUP TAPES $458.00 JPMORGAN CHASE BANK HOME DEPOT -TOOLS $60.85 JPMORGAN CHASE BANK LODGING EXP 516 -10 $1,16712 43 Claims List - 06/06/2023 Fund Vendor Name Payable Description Payment Amount 01 GENERAL JPMORGAN CHASE BANK PARK PLACE -MAINT $2,747.88 JPMORGAN CHASE BANK TRAVEL EXP 516 -10 $1,167.12 VERIZON WIRELESS WIRELESS CONNECTION $252.06 WORKSPACE RESOURCE INC IT OFFICE FURNITURE $9,999.10 GEN INFORMATION TECH -Total $16,360.09 JPMORGAN CHASE BANK BAILEYRANCH -EMPY $47.95 JPMORGAN CHASE BANK BRICKTOWN- LUNCHEON $42.91 JPMORGAN CHASE BANK CHAMBER -FEES $170.00 JPMORGAN CHASE BANK CMAO- CONFERENCE $690.00 JPMORGAN CHASE BANK MEETING EXP 04/24 $8.00 JPMORGAN CHASE BANK MEETING EXP 05/03 $52.00 JPMORGAN CHASE BANK MEETING EXP 05/09 $174.90 JPMORGAN CHASE BANK ODP- SUPPLIES $11.02 JPMORGAN CHASE BANK PIKEPASS -FEES $0.85 JPMORGAN CHASE BANK REASORS- SUPPLIES $39.74 JPMORGAN CHASE BANK SAVON- SIGNAGE $30.00 JPMORGAN CHASE BANK SAVON- SUPPLIES $405.00 JPMORGAN CHASE BANK TRAVEL EXP 5113 -18 $1,516.18 GEN MANAGERIAL -Total $3,188.55 HOUGHTON, TIMOTHY L BAILIFF $500.00 JPMORGAN CHASE BANK AMAZON- REFUND ($10.77) JPMORGAN CHASE BANK LODGING EXP 516 -10 $1,203.87 JPMORGAN CHASE BANK TRAVEL EXP 5/6 -10 $129.36 TREASURER PETTY CASH MARINELLE -MEAL 5/10 $25.06 GEN MUNICIPAL COURT -Total $1,847.52 AEP /PSO ELECTRIC USE $2,440.65 JPMORGAN CHASE BANK ADT- SECURITY $44.98 JPMORGAN CHASE BANK C &C SUP -SOAP $128.00 JPMORGAN CHASE BANK CORNERSTONE -LIGHT PAR $93.91 JPMORGAN CHASE BANK CORNERSTONE -SAW CHAIN $26.00 JPMORGAN CHASE BANK CORNERSTONE- SUPPLIES $55.00 JPMORGAN CHASE BANK JANI KING -CLEAN SERV $4,302.00 JPMORGAN CHASE BANK LIVING WATER - REPIAR $230.00 JPMORGAN CHASE BANK MURRAY WOMBLE- REPAIR $615.00 JPMORGAN CHASE BANK NEWELL -PEST $154.34 JPMORGAN CHASE BANK NEWELL -WEEDS $148.64 JPMORGAN CHASE BANK TURFWORX- MOWINGS $651.00 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN PARK$ -Total $8,929.53 AEP /PSO ELECTRIC USE $330.83 BROOKE WATSON TUITION REIMBURSEMENT $628.50 4 Claims List - 06106/2023 Fund Vendor Name Payable Description Payment Amount 01 GENERAL JPMORGAN CHASE BANK AMAZON -SCRUB MOP $139.00 JPMORGAN CHASE BANK WALMART- PRISON BOARD $125.42 MOTOROLA SOLUTIONS INC ASTRO SYST PLUS PKG $2,394.92 GEN POLICE COMMUNICATIONS -Total $3,618.67 JPMORGAN CHASE BANK AMAZON - BATTERIES $268.52 JPMORGAN CHASE BANK AMAZON -FENCE REPAIR $305.99 JPMORGAN CHASE BANK AMERIFLEX - BACKHOE $74.00 JPMORGAN CHASE BANK GREEN ACRE - GRANITE $113.85 JPMORGAN CHASE BANK LOWES -TOOLS $226.80 JPMORGAN CHASE BANK NEXT LEVEL -BALL CAPS $288.00 JPMORGAN CHASE BANK STANDARD SUPP -MOWER $678.93 JPMORGAN CHASE BANK STANDARD SUPP- TRIMMER $887.97 JPMORGAN CHASE BANK STANDARD - CHAINSAW $261.20 JPMORGAN CHASE BANK WESTLAKE -POLE SAW $769.99 SPOK INC. PAGER USE $60.22 TREASURER PETTY CASH SVC OK -STORM WTR TAG $46.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES $193.38 VERIZON WIRELESS WIRELESS CONNECTION $93.37 GEN STORMWATER -Total $4,268,22 TREASURER PETTY CASH BIBLE CHURCH -OC REF $2,200.00 TREASURER PETTY CASH CC DEP REF - KRUCKEN $50.00 TREASURER PETTY CASH CC DEP REF -LOGAN $50.00 TREASURER PETTY CASH CC DEP REF- MIILIGAN $50.00 TREASURER PETTY CASH CC DEP REF -MONEY $50.00 TREASURER PETTY CASH CC DEP REF- ROBERTS $50.00 TREASURER PETTY CASH CC DEP REF - SIMMONS $100.00 TREASURER PETTY CASH CC DEP REF - STRINGER $100.00 TREASURER PETTY CASH CC USER FEE -MONEY $50.00 TREASURER PETTY CASH CC USER FEE - ROBERTS $100.00 TREASURER PETTY CASH CC USER FEE - SIMMONS $180.00 TREASURER PETTY CASH CC USER FEE- STRINGER $135.00 GENERAL -Total $3,115.00 PACESETTER K9 LLC K9 AND TRAINING $7,500.00 K9GRANT -Total $7,500.00 GENERAL -Total $120,106.41 20 AMBULANCE SERVICE JPMORGAN CHASE BANK ACE - SUPPLIES $227.97 JPMORGAN CHASE BANK FULLERTON -LEASE $350.00 JPMORGAN CHASE BANK FULLERTON- SUPPLIES $90.00 JPMORGAN CHASE BANK TRAVEL EXP 5111 $14.92 JPMORGAN CHASE BANK TRAVEL EXP 5/12 -13 $1,696.39 5 Claims List - 06/06/2023 Fund Vendor Name Payable Description Payment Amount 20 AMBULANCE SERVICE JPMORGAN CHASE BANK TRAVEL EXP 577 -11 $231.97 MEDICLAIMS INC BILLING SERVICES $15,451.77 STRYKER MEDICAL NEW COT & PWR LOADER $1,808.44 VERIZON WIRELESS WIRELESS CONNECTION $40.01 AMBULANCE -Total $19,911.47 REPUBLIC RECOVERY SERVICES INC COLLECTION SERVICES $30.00 AMBULANCE SERVICE -Total $30.00 AMBULANCE SERVICE -Total $1994147 21 E -911 AT &T PHONE USE $423.05 DEPARTMENT OF PUBLIC SAFETY OLETS $680.00 JPMORGAN CHASE BANK APCO - TRAINING $30.00 JPMORGAN CHASE BANK HEADSETS - SUPPLIES $439.89 JPMORGAN CHASE BANK LODGING EXP 5/6 -10 $1,221.95 JPMORGAN CHASE BANK MEETING EXP 05/08 $30.89 JPMORGAN CHASE BANK PUBLIC SAFETY - TRAININ $478.00 VERIZON WIRELESS WIRELESS CONNECTION $40.01 E911 COMMUNICATIONS -Total $3,343.79 E -911 -Total $3,343.79 24 JUVENILE COURT YOUTH SERVICES OF TULSA FY23 YOUTH SERVICES $4,125.00 YOUTH SERVICES OF TULSA YOUTH SERVICES $4,125.00 JUVENILE COURT - JV COURT -Total $8,250.00 JUVENILE COURT -Total $8,250.00 25 HOTEL TAX OWASSO CHAMBER OF COMMERCE ECON DEVELOP CONTRACT $8,165.00 HOTEL TAX ECON DEV -Total $8,165.00 JPMORGAN CHASE BANK CHAMBER -FEES $40.00 JPMORGAN CHASE BANK HOME DEPOT - SHOVEL $43.46 JPMORGAN CHASE BANK HOME DEPOT- SUPPLIES $43.88 JPMORGAN CHASE BANK HOME DEPOT -TOOLS $310.98 JPMORGAN CHASE BANK REASORS- SUPPLIES $16.98 JPMORGAN CHASE BANK SHERWIN- PRIMER $23.67 JPMORGAN CHASE BANK WALMART -CARES EVENT $86.46 JPMORGAN CHASE BANK WALMART -PHOTO FRAME $6.24 TREASURER PETTY CASH FOWLER -CAR WASH $13.00 STRONG NEIGHBORHOODS •Total $511 HOTELTAX -Total $8,749.67 27 STORMWATER MANAGEMENT AEP /PSO ELECTRIC USE $283.44 JPMORGAN CHASE BANK AMAZON- CHEMICAL MATS $149.98 JPMORGAN CHASE BANK ATWOOD- UNIFORMS $169.99 JPMORGAN CHASE BANK BROWN FARMS -SOD $80.00 JPMORGAN CHASE BANK CORE &MAIN- MANHOLE $1,026.30 A Claims List - 06/06/2023 Fund Vendor Name Payable Description Payment Amount 27 STORMWATER MANAGEMENT JPMORGAN CHASE BANK EXCAL VISUAL -EXAM $504.75 JPMORGAN CHASE BANK NEW LEAF - FLOWERS $15.92 JPMORGAN CHASE BANK OKIE PACK - GLOVES $143.71 JPMORGAN CHASE BANK ROADSAFE -SAND BAGS $160.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES $17.04 UNITED STATES CELLULAR CORPORATION PW CELL PHONES $75.95 VERIZON WIRELESS WIRELESS CONNECTION $13.35 STORMWATER - STORMWATER -Total $2,640.43 STORMWATER MANAGEMENT -Total $2,640.43 37 SALES TAX FIRE AEP /PSO ELECTRIC USE $5,145.72 AT &T PHONE USE $26.13 JARROD LINTHICUM TUITION REIMBURSEMENT $705.00 JPMORGAN CHASE BANK AMER WASTE- DISPOSAL $101.35 JPMORGAN CHASE BANK AMERIFLEX -PUMP $26.60 JPMORGAN CHASE BANK HOME DEPOT- SUPPLIES $307.15 JPMORGAN CHASE BANK LODGING EXP 4/23 -28 $2,936.70 JPMORGAN CHASE BANK LODGING EXP 5/6 -10 $2,139.83 JPMORGAN CHASE BANK NSC- BATTERIES $179.80 JPMORGAN CHASE BANK OREILLY -LAWN TOOLS $11.99 JPMORGAN CHASE BANK OREILLY -MOWER $47,74 JPMORGAN CHASE BANK PIKEPASS -FEES $6.35 JPMORGAN CHASE BANK PSN -WATER $97,90 JPMORGAN CHASE BANK SAMS- SUPPLIES $955.24 JPMORGAN CHASE BANK STANDARD SUPP -MOWER $12.94 JPMORGAN CHASE BANK TRAVEL EXP 5112 -13 $70.69 JPMORGAN CHASE BANK TRAVEL EXP 5/6 -10 $405,84 JPMORGAN CHASE BANK W &B -AC REPAIR $815.30 JPMORGAN CHASE BANK W &B -E3 REPAIR $241.27 JPMORGAN CHASE BANK WATERSTONE- UNIFORMS $21.90 VERIZON WIRELESS WIRELESS CONNECTION $1,088.95 SALES TAX FUND -FIRE -Total $15,344.39 SALES TAX FIRE - Total $15,344.39 38 SALES TAX POLICE AEP IPSO ELECTRIC USE $5,624.36 ALEMI ALCALA TUITION REIMBURSEMENT $699.30 AT &T PHONE USE $26.13 AT &T MOBILITY PUBLIC SAFE WIRELESS $141.12 JASON KITCH TUITION REIMBURSEMENT $541.65 JPMORGAN CHASE BANK AMAZON- SUPPLIES $314.50 JPMORGAN CHASE BANK AMER WASTE- RENTAL $135.10 JPMORGAN CHASE BANK ARROWHEAD- SUPPLIES $816.24 JPMORGAN CHASE BANK AT YOUR SERV- RENTAL $138.00 7 Claims List - 06/0612023 Fund Vendor Name Payable Description Payment Amount 38 SALES TAX POLICE JPMORGAN CHASE BANK BROWNELLS- SUPPLIES $19.95 JPMORGAN CHASE BANK FAM AN] MED -K9 MED $1,667.60 JPMORGAN CHASE BANK GODADDY- DOMAIN FEES $361.24 JPMORGAN CHASE BANK LODGING EXP 516 -10 $1,150.72 JPMORGAN CHASE BANK MEETING EXP 05119 $104.15 JPMORGAN CHASE BANK OREILLY -PARTS $50.60 JPMORGAN CHASE BANK PEPPERBALL - TRAINING $549.00 JPMORGAN CHASE BANK SAMS- SUPPLIES $201.60 JPMORGAN CHASE BANK SEW IT- UNIFORM TAILOR $161.46 JPMORGAN CHASE BANK SHINE - DETAIL SERVICE $270.00 JPMORGAN CHASE BANK SUMNER- COPIER SERVICE $597.76 JPMORGAN CHASE BANK TRAVEL EXP 5/6 -10 $58.99 JPMORGAN CHASE BANK LISPS- POSTAGE $27.00 JPMORGAN CHASE BANK WATERSTONE -DRY CLEAN $1,021.77 TREASURER PETTY CASH OSU BURSAR -PD VET SVC $340.95 TREASURER PETTY CASH ROYAL CANIN -PD VET SV $97.09 VERIZON WIRELESS WIRELESS CONNECTION $2,873.95 SALES TAX FUND - POLICE -Total $17,990.23 SALES TAX POLICE -Total $17,990.23 39 SALES TAX STREETS AEP /PSO ELECTRIC USE $2,423.63 ALABACK DESIGN ASSOCIATES, INC OWASSO SREETSCAPE ADA $6,300.00 JPMORGAN CHASE BANK A &N -AXEL $387.20 JPMORGAN CHASE BANK AMAZON - SHACKLES $84,28 JPMORGAN CHASE BANK BROWN FARMS -SOD $208.00 JPMORGAN CHASE BANK BUMPER -DUST COVER $8.40 JPMORGAN CHASE BANK DUNHAMS- ASPHALT $438.37 JPMORGAN CHASE BANK EQUIP ONE -PAINT $19.98 JPMORGAN CHASE BANK GREENHILL- CONCRETE $448.00 JPMORGAN CHASE BANK LOCKE -FUSES $9.90 JPMORGAN CHASE BANK LOCKE -PHOTO CELL $169.00 JPMORGAN CHASE BANK LOWES -FUSES $56.94 JPMORGAN CHASE BANK LOWES- SIDEWALK $142.28 JPMORGAN CHASE BANK LOWES- SUPPLIES $248.26 JPMORGAN CHASE BANK NEXT LEVEL -BALL CAPS $288.00 JPMORGAN CHASE BANK PIKEPASS -FEES $24.00 JPMORGAN CHASE BANK TWIN CITIES - CONCRETE $4,135.90 JPMORGAN CHASE BANK WELSCO- BOTTLE RENTALS $104.24 JPMORGAN CHASE BANK XCESSORIES - BRACKETS $2,074.50 LEE BHM CORP PROJECT PUBLICATION $81.50 SIGNALTEK INC MAINTENANCE AGREEMENT $1,465.00 SPOK INC. PAGER USE $140.42 [3 Claims List - 06/06/2023 Fund Vendor Name Payable Description Payment HOLT TRUCK -PARTS $87.72 JPMORGAN CHASE BANK Amount 39 SALES TAX STREETS TULSA COUNTY HIGHWAY CONSTRUCTION SIGNAGE $633.40 JPMORGAN CHASE BANK UNIFIRST HOLDINGS LP UNIFORM SERVICES $298.11 PEDAL COMM -PARTS VERIZON WIRELESS WIRELESS CONNECTION $93.37 $1,277.98 WASHINGTON CO RURAL WATER DISTRICT 116 LANDSCAPE IRRIG $157.86 JPMORGAN CHASE BANK SALES TAX FUND - STREETS -Total $170.00 $20,440.54 SAMS- SUPPLIES STRONGHAND LLC STREET REHAB FY21 -22 $172,446.70 $464.53 STREET REHAB FY21 -22 -Total UNIFORMS $172,446.70 SALES TAX STREETS - Total $192,887.24 40 CAPITAL IMPROVEMENTS JPMORGAN CHASE BANK 911 CUSTOM- UPLIFTING $3,539.84 TREASURER PETTY CASH SVC OK -MOTOR RENEW $20.50 Cl FIRE -Total $3,560.34 K +D ARCHITECTS LLC FS1 & FS2 REMODEL $6,425.00 FIRE STAT #1 RENOVATION -Total $6,425.00 K +D ARCHITECTS LLC FS1 & FS2 REMODEL $6,425.00 FIRE STAT #2 RENOVATION -Total $6,425.00 BRAVO BUILDERS LLC RANGE PROJECT $152,691.30 K +D ARCHITECTS LLC RANGE PROJECT $790.00 POLICE MULTI -USE FACILITY -Total $153,481.30 STRONGHAND LLC STREET REHAB FY21 -22 $28,919.45 STREET REHAB FY21 -22 - Total $28,919.45 CAPITAL IMPROVEMENTS -Total $198,811.09 70 VEHICLE MAINTENANCE AEP IPSO ELECTRIC USE $496.11 JPMORGAN CHASE BANK CUMMINS -PARTS $226.70 JPMORGAN CHASE BANK GRAINGER- STANDOFFS $2.76 JPMORGAN CHASE BANK HESSELBEIN -PARTS $147.70 JPMORGAN CHASE BANK HESSELBEIN -TIRES $1,674.61 JPMORGAN CHASE BANK HOLT TRUCK -PARTS $87.72 JPMORGAN CHASE BANK JIM GLOVER -AA WIRING $106.99 JPMORGAN CHASE BANK JIM GLOVER - REFUND ($257.50) JPMORGAN CHASE BANK JIM NORTON -PARTS $191.11 JPMORGAN CHASE BANK PEDAL COMM -PARTS $575.97 JPMORGAN CHASE BANK QUALITY HITCH - TOOLBOX $1,277.98 JPMORGAN CHASE BANK RAM MOUNTS -RAM MOUNTS $267.96 JPMORGAN CHASE BANK RED WING - SAFETY BOOTS $170.00 JPMORGAN CHASE BANK SAMS- SUPPLIES $61.09 JPMORGAN CHASE BANK TERMINAL -PARTS $464.53 UNIFIRST HOLDINGS LP UNIFORMS $56.38 VEHICLE MAINTENANCE -Total $5,550.11 VEHICLE MAINTENANCE -Total $5,550.11 Fund Claims List - 0610612023 Vendor Name Payable Description Payment Amount 76 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS $1,951.06 WORKERS' COMP SELF -INS -Total $1,951.06 WORKERS' COMP SELF -INS -Total $1,951.06 77 GENERAL LIABILITY - PROPERT FERNANDO REYES TORT CLAIM $1,532.71 THE LARKIN BAILEY FOUNDATION TORT CLAIM $4,675.00 GEN LIAB -PROP SELF INS -Total $6,207.71 GENERAL LIABILITY - PROPERT - Total $6,207.71 City Grand Total $601,773.60 10 TO: The Honorable Mayor and City Council FROM: Earl Farris, Project Administrator SUBJECT: Acceptance of Infrastructure Improvements at 13402 East 86th Street North (Ascension St. John) DATE: June 2, 2023 BACKGROUND: The subject commercial development is located at 13402 East 86th Street North. Public infrastructure improvements consist of a concrete approach, stormwater piping and potable waterline. FINAL INSPECTIONS: Final inspections for the infrastructure components were completed in May 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 Ascension St. John. ATTACHMENTS: Location Map City Attorney Approved Bond Ascension St. John Farris, Earl From: Wingert Shellie Sent: Thursday, January 19, 2023 4:55 PM To: Hancock, Brandon; Lombardi, Julie Cc: Farris, Earl Subject: RE: Bond for St. John 86th Hello Brandon, I have reviewed the St. John on 861h 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 $173,730,000 underwriting limitation. Therefore, the bond is approved. Thank you, Shellie Shellie Wingert Legal Assistant City of Owasso 200 S. Main Street Owasso, OK 74055 swineert@cityofowasso.com 918-376-1548 From: Hancock, Brandon <BHancock @CityOfOwasso.com> Sent: Thursday, January 19, 2023 4:49 PM To: Wingert Shellie <swingert @cityofowasso.com >; Lombardi, Julie <JLombardi @CityOfOwasso.com> Cc: Farris, Earl <efarris @CityOfOwasso.com> Subject: Bond for St. John 86th Shellie- Please review the attached and reply all with finding. Thanks for your help. Brandon Hancock, CPII Infrastructure Inspector Owasso Public Works office: 918 272 -4959 fax: 918 272 -4996 cell: 918 693 -0373 bhanco ckP cityofowasso. co m Farris, Earl From: Jason Wilson <jwilson @contechinc.net> Sent: Monday, January 23, 2023 8:16 AM To: Farris, Earl Cc: Hancock, Brandon Subject: Re: Encompass Health - Maintenance Bond to City of Owasso CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Earl, Breakdown below: 1. Approach /HC ramps =$12,000.00 2. Storm = $70,000.00 3. Water /Fire = $172,000.00 Let me know if you have any questions. Thank you, Jason Wilson Estimator /Project Manager ConTech, Inc. 114 South Elm Place Broken Arrow, OK 74012 Office: 918 - 259 -1177 Fax: 918 - 259 -0857 Cell: 918- 740 -0681 From: Farris, Earl <efarris @CityOfOwasso.com> Sent: Friday, January 20, 2023 7:31 AM To: Jason Wilson <jwilson @contechinc.net> Cc: Hancock, Brandon <BHancock @CityOfOwasso.com> Subject: FW: Encompass Health - Maintenance Bond to City of Owasso Jason, thank you for the bond, could you please show a breakdown of the components (Water line, Storm Sewer, and approach in the amount of $ for each. The total should match the bond amount. It can just be an email. This is needed by our finance department to track asset value. Earl Farris From: Hancock, Brandon <BHancock @CityOfOwasso.com> Sent: Thursday, January 19, 2023 4:47 PM To: Jason Wilson <jwilson @contechinc.net> i Maintenance Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No: 5035203 KNOW ALL MEN BY THESE PRESENTS, That we Contech, Inc., as Principal (Contractor), and Employers Mutual Casualty Company, as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of TWO HUNDRED FIFTY -FOUR THOUSAND DOLLARS and NO 1100 ($254,000.00) 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 bond conditioned to guarantee, for the period of TWO YEARS after final approval of the ASCENSION ST. JOHN REHABILITATION HOSPITAL OWASSO — Public Water Line, Public Storm Sewer and City of Owasso Approach, 13402 East 86'11 Street North, Owasso, OK 74055, a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, Oklahoma, against all defects in worlananship and materials which may become apparent in 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 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: January 17, 2023 CONTECH, I Princi BY: EMPLOYER MUTUAL CASUALTY COMPANY, Surety BY: Attorney -in -Fact Jenifer Wells P.O. Box 712 P Des Moines, Iowa 50300.0712 1 NS u ran ru c e POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an lawn Corporation 2. EMCASCO Insurance Company, en Iowa Corporation 3. Union Insurance Company of Providence, an town Corporation 4. Illinois EMCASCO Insurance Company, an lawn Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an lawn Corporation hereinafter referred to severally as "Company" and collectively as "Companies ", each does, by these presents, make, constllule and appoint: Jenifer Wells its true and lawful atlomey -in -tact, with full power and authority conferred to sign, seal, and execute the fallowing Surely Bond(s): Surety Bond Principal: Obligee: Number Contech, Inc. City of Owasso 301 W 2nd Ave S035203 Owasso, OK 74055 and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. AUTHORITY FOR POWER OF ATTORNEY This Power- of- Allorney is made and executed pursuant to and by the authodly of the fallowing resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held In 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer power and authority to (1) appoint attorneys -In -tact and authorize them to execute on behalf and undertakings, recognizences, contracts of indemnily and other writings obligatory in the and revoke the power and authority given to him or her. Attorneys -In -tact shall have power ar Issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Indemnity and other writings obligatory In the nature thereof, and any such Instrument executed the Company. Certification as to the validity of any power -ol- atlomey authorized herein made by respects binding upon this Company.Tho facsimile or mechanicallyp reproduced signature of suc a cedllled copy of any power- of- attomey of the Company, shall be valid and binding upon tin of Employers Mutual Casually Company shall have and attach the seal of tile Company thereto, bonds 1(2) to remove any such atlomey -in -fact at any time to the terms and limitations of the power -ol- atlomey bonds and undertakings, recognizances, contracts of nt -In -fact shall be fully and in all respects binding upon the same force and IN WITNESS THEREOF, the Companies have caused these presents to be sign d for eachby their officers as shown, and (lie Corporate seals tob hereto affixed this 22nd day of September , 2022 . Seals Oc October 10, 1914 Onthls 22nd dayyof September . 2022 before me a Notary Public In and forthe State of Iowa, personallyappeered Scot[ R. Jean and Todd Strother, who, being byme duty sworn, did say that they are, and are known to me to be the CEO, Chairman, President, Executive Vice President, Chief Legal Officer and/or Secretary, respectively, of each of the Companies above; that the seals affixed (a this instrument are the seals of said corpporations; that said Instrument was signed and sealed an behalf of each of the Companies 6y authority of their respective Boards of Directors; and that the said Scott R. Jean and Todd Strother, as such ogkers, acknowledged the execution of said Instrument to be their voluntary act and deed, and the voluntary act and deed of each of the Companies. My Commission Expires October 10, 2025. Notary Publi in and for Inc State worowa CERTIFICATE I, Ryan J. Springer, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney Issued pursuant thereto on 22nd day of September , 2022 , are true and correct and are still In full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 17^dayofJhAI A 2 A)Y .17Z3 Vice President 7851 (9 -22) 5035203 -NA L6170 939 AC 002367 "For verification of the authenticity of lire Power of Attorney you may can to rat ono -IUNu. TO: The Honorable Mayor and City Council FROM: Earl Farris, Project Administrator SUBJECT: Acceptance of Infrastructure Improvements at 7301 N 115th E Avenue (Helschel Huneyager Industrial Park) DATE: June 2, 2023 BACKGROUND: The subject commercial development is located at 7301 North 115th East Avenue. Public infrastructure improvements consist of concrete work including approaches, stormwater piping and potable waterline. FINAL INSPECTIONS: Final inspections for the infrastructure components were completed in May 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 at Helschel Huneyager Industrial Park. ATTACHMENTS: Location Map City Attorney Approved Bond H & H Industrial Park V = 741 ft Location Map 05/17/2023 This map may re presents a visual display of related geographic information. Data provided hereon is not guarantee of acutual field conditions_ To be sure of complete accuracy, please contact the responsible staff for most up -to -date information. Maintenance Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No: GR60059 KNOW ALL MEN BY THESE PRESENTS, That we Unified Contractors, LLC. as Principal (Developer and Contractor), and Granite Re, Inc. as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of Three Hundred Twenty -Six Thousand Dollars and No Cents ($326,000.00) 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 bond conditioned to guarantee, for the period of TWO YEAR after final approval of the Helschel Iluneyager Industrial Park in the City of Owasso — Waterline and Concrete Work at Approaches Including Stormwater Piping, 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 in 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 City of Owasso, OK (Obligee) for all loss that the City of Owasso, OK (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: March 15, 2023 Unified Contractors, LLC, Principal BY: Granite Re, Inc., Surety BY:. Attorney -in -Fact Kenneth D. Whittingt Attach Power of Attorney GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of MINNESOTA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: KENNETH D. WHITTINGTON; KYLE MCDONALD its true and lawful Attorney- in- Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE,. INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: KENNETH D. WHITTINGTON; KYLE MCDONALD may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Assistant Secretary, this 3rd day of January, 2020. STATE OF OKLAHOMA Kenneth D. Whitth ton, President SS: COUNTY OF OKLAHOMA ) Kyl P. McDonald, Assistant Secretary On this 3rd day of January, 2020, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Kyle P. McDonald, Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Assistant Secretary of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Assistant Secretary, respectively, of the Company. My Commission Expires: April 21, 2023 Connnission #;11003620 GRANITE RE, INC. Certificate Notary Public THE UNDERSIGNED, being the duly elected and acting Assistant Secretary of Granite Re, Inc., a Minnesota Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Assistant Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscr'ibed'this Certifli cate and affixed the corporate seal of the Corporation this March 15 , 2023 . Kyle P. McDonald, Assistant Secretary GR -40 Ed. 01 -22 Eaton, Steven From: Wingert Shellie Sent: Tuesday, March 28, 2023 2:28 PM To: Eaton, Steven; Lombardi, Julie Cc: Wingert Shellie Subject: RE: H & H Industrial Park Bond Hello Steven, I have reviewed the Helschel Huneyager Industrial Park 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 $4,982,000 underwriting limitation. Therefore, the bond is approved. Thank you, Shellie Shellie Wingert Legal Assistant City of Owasso 200 S. Main Street Owasso, OK 74055 swinaert0citvofowasso. com 918- 376 -1548 From: Eaton, Steven <seaton @CityOfOwasso.com> Sent: Tuesday, March 28, 2023 1:30 PM To: Lombardi, Julie <JLombardi @CityOfOwasso.com >; Wingert Shellie <swingert @cityofowasso.com> Subject: H & H Industrial Park Bond Ms. Lombardi, I am sending a maintenance bond for review. Would you please reply with your findings. Thank you, Steven Eaton City of Owasso Infrastructure Inspector seaton CW citvofowasso.com Phone 918- 272 -4959 Cell 918- 693 -3979 TO: The Honorable Mayor and City Council FROM: Earl Farris, Project Administrator SUBJECT: Acceptance of Infrastructure Improvements at 10304 North Garnett Road (Vision Source) DATE: June 2, 2023 BACKGROUND: The subject commercial development is located at 10304 North Garnett Road. Public infrastructure improvements consist of a sanitary sewer line extension. FINAL INSPECTIONS: Final inspections for the infrastructure components were completed in May 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 at Vision Source. ATTACHMENTS: Location Map City Attorney Approved Bond Vision Source 1" = 364 ft Location Map 05/16/2023 This map may r rpresens a visual display of related geographic information. Data provided hereon is not guarantee of acatual field condi-ions. To be sure of complete accuracy, please comaci the responsible staff for most up -to -date information. Eaton, Steven From: Wingert Shellie Sent: Thursday, April 27, 2023 1:42 PM To: Eaton, Steven; Lombardi, Julie Cc: Farris, Earl; Wingert Shellie Subject: RE: Vision Source Sanitary Sewer Steven, I have reviewed the Vision Source Sanitary Sewer 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 $65,202,000 underwriting limitation. Therefore, the bond is approved. Thank you, Shellie Shellie Wingert Legal Assistant City of Owasso 200 S. Main Street Owasso, OK 74055 swineertftc1tvofowasso. com From: Eaton, Steven <seaton @Cityofowasso.com> Sent: Thursday, April 27, 2023 1:17 PM To: Lombardi, Julie <JLombardi @City0f0wasso.com >; Wingert Shellie <swingert @cityofowasso.com> Cc: Farris, Earl <efarris @CityOfOwasso.com> Subject: Vision Source Sanitary Sewer Ms. Lombardi, I am sending a maintenance bond for review. Would you please reply with your findings. Thank you, Steven Eaton City of Owasso Infrastructure Inspector s e a to n Ca c i tv ofowa s s o. co m Phone 918 - 272 -4959 Cell 918 - 693 -3979 1 Maintenance Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No: 54- 251330 KNOW ALL MEN BY THESE PRESENTS, That we Creek Construction LLC as Principal (Developer and Contractor), and United Fire & Casualty Company. as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of Forty Nine Thousand Three Hundred & 00/100 -- ($49,300.00) 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 bond conditioned to guarantee, for the period of TWO YEAR after final approval of the Sanitary Sewer for Vision Source Vision Center, 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 in 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 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: April 4, 202; Creek Cpnstruckion LLC, Principal United Attorney -in -Fact Attach Power of Attorney UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA LAquiries: Surety Department UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX 118 Second Ave SE FINANCIAL PACIFIC INSURANCE COMPANY, LOS ANGELES, CA Cedar Rapids, IA 52401 INSURANCE CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Compay — See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That United Fire & Casualty Company, a corporation duly organized and existing trader the laws of the State of Iowa; United Fire & Indemnity Company, a cor'por'ation duly organized and existing tuider the laws of the State of Texas; and Financial Pacific Insurance Company, a corporation duly organized mid existing trader the laws of the State of California (herein collectively called die Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint JAMIE BURRIS, VAUGHN P. GRAHAM, JR., VAUGHN P. GRAHAM, STEPHEN M. POLEMAN, JOHN K. DEER, THOMAS C. PERRAULT, TRAVIS E. BROWN, DEBORAH L. RAPER, VICKI WILSON, AUSTIN K. GREENHAW, SHELLI SAMSEL, DWIGHT A. PILGRIM, CLAYTON HOWELL, MARK D. NOWELL, JOHN MCCLELLAN, GARY LILES, RANDY D. WEBB, BOBBY JOE YOUNG, AARON WOOLSEY, CAREY L. KENNEMER, KRISTIN LEWIS, JOSHUA BRYAN, EACH INDIVIDUALLY their true and lawfid Attomey(s) -in -Fact with power and authority hereby conferred to sign, seal and execute ht its behalf alt lawfi l bonds, undertakings and other obligatory mstrunimits of similar nitre provided that no single obligation shall exceed $50, 000, 000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pm'suait to the authority hereby given and Hereby ratified and confirmed. Tlne Authority hereby granted shall expire die 14th day of December, 2024 unless sooner revoked by United Fire & Casualty Company, United Fire & hhdenniity Company, and Financial Pacific Insurance Company. This Power of Attorney is made and executed pursuant to mid by authority of die following bylaw duly adopted by the Boards of Directors of United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. "Article V1— Surely Bonds and Undertakings" Section 2, Appointment of Attomey -in -Fact. "The President or any Vice President, or any other officer of the Coal panics may, from time to tin e, appoint by written certificates anomeys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of anomey or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such altorueys -in -fact, subject to the limitations set of forth in their respective certificares of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal the Companies thereto. The President army Vice Presidcn4 the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney -in -fact. IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this 14th day of December, 2022 UNITED FIRE & CASUALTY COMPANY FIRE & INDEMNITY COMPANY FINANCIAL PACIFIC INSURANCE COMPANY State of Iowa, County of, ss: Vice President On 14th day of December, 2022, before me personally came Dennis J. Richmann to me known, who being by me duly sworn, did depose and say; that lie resides in Cedar Rapids, State of Iowa; that he is a Vice President of United Fire & Casualty Company, a Vice President of United Fire & Indemnity Company, and a Vice President of Financial Pacific Insurance Company the corporations described in and which executed the above instrument; that he knows the seal of said corporations; that die seal affixed to tie said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority, and ackhiowledges same to be the act and deed of said corporations. u Judith A. Jonas ma Iowa No Seal Commission number 173041 Notary Public A My Commission Expires 4232024 My commission expires: 423/2024 I, Mary A. Bertsch, Assistant Secretary of United Fire & Casualty Company and Assistant Secretary of United Fire & Indemnity Company, and Assistant Secretary of Financial Pacific Insurance Companty, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of die Section of die bylaws and resolutions of said Corporations as set forth in said Power of Attomey, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of tie said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations this 4th day of April 12023 Assistant Secretary, TO: The Honorable Mayor and City Council FROM: David Hurst. Fire Chief SUBJECT: Cherokee Nation Donation Acceptance and Budget Amendment DATE: June 2, 2023 BACKGROUND: On May 9, 2023, the Cherokee Nation donated $3,500.00 to the City of Owasso Fire Department. The donation is part of the Cherokee Nation's initiative to be good partners within the community by aiding worthwhile causes that provide valuable services to the community and Cherokee Nation citizens. If approved, the donated funding will be utilized to support fire department operations. RECOMMENDATION: Staff recommends acceptance of the donation from the Cherokee Nation, and approval of a budget amendment increasing the estimate of revenues and the appropriation for expenditures in the Half -Penny Sales Tax Fund by $3,500.00. TO: The Honorable Mayor and City Council FROM: Carly Novozinsky, Finance Director SUBJECT: FY 2023 -2024 Budget Public Hearing DATE: June 2, 2023 BACKGROUND: The Municipal Budget Act establishes definitions and other requirements for budgetary accounting. Among the requirements is a public hearing by the governing body of the proposed budget. The hearing is to be conducted no later than fifteen days before the end of the fiscal year. Notice of the hearing with the proposed Budget Summary must be published five days before the hearing. The attached notice was published in the Owasso Reporter on Wednesday, May 24, 2023. The public hearing provides an opportunity for comments or questions about the proposed budget from the public and the City Council. The proposed budget will be on the June 13, 2023, Worksession agenda for discussion. A resolution to approve the FY 2023-2024 Budget will be on the June 20, 2023, City Council agenda for consideration and action. ATTACHMENT: Notice of Public Hearing "Published in the Owasso Reporter on May 24, 2023" Notice of Public Hearing Owasso City Council will hold a public hearing on the proposed FY 2024 budget during the City Council meeting at 6:30 on June 6, 2023 in the Council Chambers of Old Central, 109 N. Birch. The proposed budget Is available for Inspection at City Hall, the Owasso Public library and www.cityofowasso.com City of Owasso - Proposed Budget Summary Fiscal Year 2023 -2024 Revenue by Fund & Source General Fund: Taxes $ Licenses & Permits Intergovernmental Charges & Fees Fines & Forfeitures Other Interfund Transfers In Halt Penny Sales Tax Fund: Taxes Other Intedund Transfers in Ambulance Service Fund: Charges & Fees Other Ambulance Capital Fund: Charges & Fees Other E -911 Fund: Charges & Fees Other Interfund Transfers In Cemetery Core Fund: Charges & Fees Other Emergency Siren Fund: Licenses & Permits Other Juvenile Court Fund: Other Hotel Tax Fund: Taxes Other Stormwater Management Fund: Charges & Fees Other Federal Grants Fund: Intergovernmental Opioid Settlement Fund: Other Tax Incremental Financing: Taxes Other Vision Recapture Tax Fund: Taxes Other Park Development Fund: Licenses & Permits Other Capital Improvement Grants Fund: Intergovernmental Capital Improvements Fund: Other Interfund Transfers In Vehicle Maintenance Fund: Charges & Fees Self- Insurance Fund: Charges & Fees Other Intedund Transfers In Sinking Fund: Taxes Other Total Revenues Expenditure by Fund & Department 8,766,800 61,785 100,015 100.000 15 $ 112,802.198 411,777 1,211,104 942,367 627.144 682,242 1,324,626 639,746 1.007,062 8,690,191 351,543 303,211 5,780A00 150,472 1,061,253 717.748 119,842 1,461.607 583,666 514,629 39.897 173,000 17,221 2,575.505 3,827.284 3,072,650 4,483,314 3,041,815 158,188 1,714,522 1,850 10.000 11,456 98,000 238.074 2,827,958 164,307 20,000 159,895 16,340,000 897,812 580,000 460,000 7,488,665 74,981,643 33.437,127 1,200,000 1,134,515 509,617 900,000 100.015 3,458.450 $ 115,721,367 General Fund: 39.929,766 Municipal Court 288,788 Managerial 1,135.981 Finance 765,658 Human Resources 274,896 General Government 218,706 Information Technology 22,116.851 Building Maintenance Community Development 5,606,889 Police Services 85,389 Police Communications 1,134.515 Animal Control Fire Services 1,953.521 Emergency Preparedness 9,278 Engineering Stormwater 348,208 Cemetery 4,402 Parks Recreation & Culture 315,447 Community Center 7,032 Historical Museum 1,200,000 Economic Development Strong Neighborhood 1,050 Half Penny Sales Tax Fund: 97 Police Services Fire Services 1,434 Streets 200 Vision Recapture Tax Fund Ambulance Fund 100 Ambulance Capitol Fund E -911 Fund 610,931 Cemetery Care Fund 19,176 Emergency Siren Fund Juvenile Court Fund 1,825,000 Hotel Tax Fund: 33.413 Economic Development Strong Neighborhood 3,458,450 Stormwater Management Fund Opioid Settlement Fund Park Development Fund 576 Capital Improvements Grants Fund Capital Improvements Fund 508,700 Vehicle Maintenance Fund 917 Self - insurance Fund: Workers' Comp 4,165.212 Gen Prop Liab 30.647 Healthcare Subtotal Expenditures 30,000 Interfund Transfers Out: 1.949 General Fund Transfer to OPWA General Fund Transfer to E -911 Fund 159,895 General Fund Transfer to Half Penny Fund - Streets TIF Transfer to OPWA 114,173 General Fund Transfer to OPGA 16,552,276 Sinking Fund Transfer to Self- Insurance Fund Federal Grants Fund Transfer to OPWA 864.058 Total Expenses 8,766,800 61,785 100,015 100.000 15 $ 112,802.198 411,777 1,211,104 942,367 627.144 682,242 1,324,626 639,746 1.007,062 8,690,191 351,543 303,211 5,780A00 150,472 1,061,253 717.748 119,842 1,461.607 583,666 514,629 39.897 173,000 17,221 2,575.505 3,827.284 3,072,650 4,483,314 3,041,815 158,188 1,714,522 1,850 10.000 11,456 98,000 238.074 2,827,958 164,307 20,000 159,895 16,340,000 897,812 580,000 460,000 7,488,665 74,981,643 33.437,127 1,200,000 1,134,515 509,617 900,000 100.015 3,458.450 $ 115,721,367 TO: The Honorable Mayor and City Council FROM: Larry Langford, Director of Recreation & Culture SUBJECT: Parks Restrooms Janitorial Contract Amendment DATE: June 2, 2023 BACKGROUND: On April 4, 2023, City Council awarded a janitorial contract to Jani -King Janitorial Services for the opening, cleaning, stocking and daily closure of the park restroom facilities. The bidding process for this contract occurred over the winter months. As we entered spring, the demand for the restroom facility at Sports Park South has increased. The need is in direct correlation to the Heart Healthy Trail and the growing popularity and usage. Currently, the Sports Park South restroom facility is opened only during baseball league and tournament play. AMENDMENT: Staff requested a quote from Jani -King Janitorial Services to add Sports Park South to the recently approved contract. The increase would be $614 /monthly for the months of March - November. RECOMMENDATION: Staff recommends amending the Janitorial Services Contract with Jani -King Janitorial Services of Tulsa, Oklahoma, by adding the Sports Park South restroom facilities and increasing the monthly payment of $4,302.00 by $614.00, resulting in a total of $4,916.00 per month, for March through November, and authorization to execute all necessary documents. ATTACHMENTS: Amendment to Maintenance Agreement Contract for Independent Services REGION: AMENDMENT TO MAINTENANCE AGREEMENT CLIENT., City of Owasso NAME OF COMPANY: City of Owasso BUILDING NAME: Heart Healthy Restroom ADDRESS: 10320 E 116th St. N Owasso, OK, 74055 ORIGINAL CONTRACT DATE: 4 -7 -2023 NEW PRICE: OLD PRICE: AMOUNT INCREASED /DECREASED: DATE: 6 -1 -2023 CONTACT: Elishya Cook TELEPHONE: 918 -376 -1529 FAX., 918- 376 -1597 FRANCHISEE. Reyes & Reyes, LLC ACCOUNT #: 021250 $ 4,916.50 per month $ 4,302.00 permonth $ 614.50 per month REASON FOR INCREASE /DECREASE: (Attach copy of revised cleaning schedule.) 9. Adding one additional restroom at sports complex to be opened, closed and cleaned 7 day! 2. 3. ALL OTHER TERMS AND CONDITIONS TO REMAIN THE SAME. EFFECTIVE DATE. 6 -1 -2023 CLIENT: AUTHORIZED SIGNATURE DATE: JANWING: AUTHORIZED SIGNATURE DATE: week. C JANI-KING INTERNATIONAL, INC. 1994, 2003 CS -02004 CONTRACT FOR INDEPENDENT SERVICES Janitorial Services for Park Restrooms CONTRACT made this 4th day of April 2023, between Jani -Kind (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 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 fol lowing the second City Council meeting of the next month. SECTION FOUR TERM The effective date of this Contract shall be on the I— day of 'V %L2023 and continue through the 1 I "I 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 ") By: Kelly Lewis Kellly Lewis, Mayor ATTEST: APPROVED AS TO FORM AND CONTENT: Julie Trout Lombardi, City Attorney TO: The Honorable Mayor and City Council FROM: Christopher A. Garrett, Assistant City Manager SUBJECT: Resolution 2023-11, Capital Improvements Project Determination DATE: June 2, 2023 SUMMARY: The purpose of this memorandum is to recommend amending the list of projects eligible for the Capital Improvement Fund to include: East 86th Street North Widening from North Main Street to North Garnett Road BACKGROUND: The Capital Improvements Committee met and voted on April 25, 2023, to submit a recommendation amending the list of eligible Capital Improvement Fund projects to the City Council. As per the resolution defined procedures, the City Council conducts a public hearing to receive and consider citizen input relevant to the recommendation made by the Capital Improvements Committee. Notice of the public hearing must be made no less than five calendar days prior to the public hearing. At the conclusion of the public hearing, which was held on May 16, 2023, the City Council must continue the matter for at least two weeks before taking any action to amend the listing of projects. Any action taken by the City Council to amend the current list of projects must be made by approving a resolution. PROJECT INFORMATION: East 861h Street North from North Main Street to North Garnett Road is a project that qualifies for Surface Transportation Block Grant (STBG) funds. The original project was constructed in 2002 -2003 as part of a State Transportation Program (STP) project to widen East 86th Street North when the road was a two (2) lane road. The project was widened to a four (4) lane road with asphalt surfacing, which has withstood 20 years of large traffic volumes (as high as 21,900 vehicles per day) due to excellent construction of the subgrade and base material. However, after 20 years of service this section of roadway has reached capacity, the asphalt surface is wearing and the traffic signals at the intersections of North Main Street and North Garnett Road need updating. On April 18, 2023, City Council approved a resolution to apply for STBG funds (for a maximum amount of $3,000,000) for the design and subsequent construction to add a fifth lane to this section of roadway to allow for two lanes of traffic eastward and westward and a center turn lane. The asphalt surface will be replaced with concrete and the traffic signals will be modernized to the City of Owasso standards so they can communicate better with the other signals in the corridor. CURRENT PROJECT LIST: Adopted March 21, 2023, Resolution 2023 -03 designated the following list of projects as eligible for funding from the Capital Improvements Fund: CIP Page 2 • East 76th Street North Widening Project (Hwy 169 to North 129th East Avenue) • East 76th Street North and US 169 Interchange Improvements • East 86th Street North Widening from North 145th East Avenue to North 161st East Avenue • Garnett Road Widening Project (East 96th Street North to East 106th Street North) • Garnett Road Widening (East 106th Street North to East 116th Street North) • East 96th Street North Widening from North 134th East Avenue to North 145th East Avenue • East 96th Street North and North 145th East Avenue Intersection Improvements • East 106th Street North and North 129th East Avenue Intersection Improvements • East 116th Street North Widening from North Garnett Road to North 129th East Avenue • East 116th Street North and North 129th East Avenue Intersection Improvements • East 116th Street North and North 140th East Avenue Intersection Traffic Signal Improvements • Annual Street Rehabilitation Program • Highway 169 East and West Service Roads (East 66th Street North to East 126th Street North) • Central Park / Lakeridge Subdivision Stormwater Improvements • Rayola Park and Elm Creek Tributary 5A Stormwater Improvements • Northwest Regional Detention • Parks Facility • Public Works Facility • Vehicle Maintenance Facility • Firing Range Multi- Purpose Facility • Firing Range Shoot House • Fire Station #1 Renovations • Fire Station #2 Renovations • Public Safety Vehicles • Fiber Installation Owasso Police Department to Public Works • Elm Creek Park Improvements • Funtastic Island Renovations and Splash Pad • Sports Park RECOMMENDATION: Staff recommends approval of Resolution 2023-11, amending the list of projects eligible for the Capital Improvements Fund to include East 86th Street North Widening from North Main Street to North Garnett Road. ATTACHMENTS: Resolution 2023-11 Site Map CITY OF OWASSO, OKLAHOMA RESOLUTION 2023-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, AMENDING THE DETERMINATION OF CAPITAL IMPROVEMENT PROJECTS ELIGIBLE FOR FUNDING FROM THE CAPITAL IMPROVEMENTS FUND WHEREAS, on the 14th day of October, 2003, the citizens of the City of Owasso, Oklahoma, approved Ordinance 763, providing for the extension of the third penny sales tax and further, restricting the use of said sales tax generated by such third penny extension to capital projects reviewed by the Capital Improvements Committee and approved by the City Council by resolution; and, WHEREAS, the City Council by previous Resolutions designated the following Capital Improvement projects as eligible for funding from the Capital Improvement Fund: • East 76th Street North Widening Project (Hwy 169 to North 129th East Avenue) • East 76th Street North and US 169 Interchange Improvements • Garnett Road Widening Project (East 96th Street North to East 106th Street North) • Garnett Road Widening (East 106th Street North to East 116th Street North) • East 96th Street North Widening from North 134th East Avenue to North 145th East Avenue • East 96th Street North and North 145th East Avenue Intersection Improvements • East 106th Street North and North 129th East Avenue Intersection Improvements • East 116th Street North Widening from North Garnett Road to North 129th East Avenue • East 116th Street North and North 129th East Avenue Intersection Improvements • East 116th Street North and North 140th East Avenue Intersection Traffic Signal Improvements • Annual Street Rehabilitation Program • Highway 169 East and West Service Roads (East 66th Street North to East 126th Street North) • Central Park / Lakeridge Subdivision Stormwater Improvements • Rayola Park and Elm Creek Tributary 5A Stormwater Improvements • Northwest Regional Detention • Parks Facility • Public Works Facility • Vehicle Maintenance Facility • Firing Range Multi- Purpose Facility • Firing Range Shoot House • Fire Station # 1 Renovations • Fire Station #2 Renovations • Public Safety Vehicles • Fiber Installation Owasso Police Department to Public Works • Elm Creek Park Improvements • Funtastic Island Renovations and Splash Pad • Sports Park WHEREAS, the City Council, after receiving a recommendation from the Capital Improvements Committee and properly notifying the public as required by Resolution 2003 -14, held a Public Hearing on Tuesday, May 16, 2023, to consider projects to be included on the Capital Projects list. Resolution 2023 -11 Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, that, to -wit: The Capital Improvement Projects list be amended by including as a capital project eligible for funding from the Capital Improvements Fund: • East 86th Street North Widening from North Main Street to North Garnett Road PASSED AND APPROVED this 6th day of June, 2023. Kelly Lewis, Mayor ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney Resolution 2023 -11 Page 2 of 2 East 86th Street North, North Main Street to North Garnett Road Widening 1" = 200 ft Location Map 03/31/2023 This map may represents a visual display of related geographic information. Data provided hereon is not guarantee of acutual field conditions. To be sure of complete accuracy, please contact the responsible staff for most up- to-date information. TO: The Honorable Mayor and City Council FROM: Roger Stevens, Public Works Director SUBJECT: Tulsa County Inter -local Agreement Mingo Road from East 96th Street North to East l 16th Street North DATE: June 2, 2023 BACKGROUND: • Included in FY 2023 Budget, the Capital Improvement (CIP) and Half -Penny (Streets) Funds allow for the expenditure of $1,800,000.00 in maintenance, repair and /or resurfacing of residential and commercial roadways throughout the City. • In August 2021, City Council approved the Street Rehabilitation Priority List, which included Mingo Road from East 96th Street North to East I I6th Street North to receive full - depth- reclamation and asphalt overlay. • The City of Owasso requested assistance from Tulsa County in the fall of 2021. Tulsa County verbally agreed to supply County labor and equipment for the reclamation and paving and /or resurfacing of Mingo Road from East 96th Street North to East 116th Street North. • The estimated cost to the City of Owasso to offset County's expense for fuel, equipment maintenance and other cost is $350,000.00. AGREEMENT: In order to formalize responsibilities an agreement has been drafted with Tulsa County that includes the following: • The City of Owasso shall provide traffic control through its authorized agent /contractor; • Tulsa County shall provide all necessary equipment, material and labor, • The City of Owasso shall reimburse the County for all roadway materials used as well as for an amount equal to $10.00 per ton of asphalt laid, to offset County's expense for fuel, equipment maintenance and other miscellaneous costs; • Duration of the agreement shall be for a period equal to the time necessary to complete the project. FUNDING: Funding for the materials to be used by Tulsa County for the project is available in the Half -Penny (Streets) and CIP Funds. RECOMMENDATION: Staff recommends approval of the Interlocal Agreement with Tulsa County for paving assistance on Mingo Road from East 96th Street North to East l 16th Street North, authorization to execute the necessary documents, and authorization for payment to Tulsa County in an amount not to exceed $350,000.00. Tulsa County Inter -local Agreement Mingo Road Improvements from East 96th Street North to East 116th Street North Page 2 ATTACHMENTS: Location Map Tulsa County Interlocal Agreement 2022 Street Rehabilitation Project 1" = 2398 ft Sub Title 05/31/2023 This map may represents a visual display of related geographic information. Data provided here on is no! guarantee of actual field conditions. To be sure of complete accuracy, please contact the responsible staff for most up-to -date information. THIS AGREEMENT, by and between the Board of County Commissioners of Tulsa County, Oklahoma, hereinafter called "County" and the City of Owasso, Oklahoma, hereinafter called "City ". WITNESSETH: WHEREAS, by virtue of 69 O.S., 1981, Section 1903, the Board of County Commissioners is authorized to enter into Agreements with municipalities to construct, improve, and repair any of the streets of such municipalities, and; WHEREAS, the County is desirous of participating in projects and the provision of services mutually advantageous to the County and other units of government; THEREFORE, in consideration of the covenants and conditions hereinafter contained, the parties hereto agree as follows: 1. The duration of this Agreement shall be from the date of execution of this Agreement until the project is complete. 2. The purpose of this Agreement shall be to provide an asphalt overlay as directed by City on the street surfaces depicted in the attached Exhibit "A ". 3. The City shall provide all the necessary easements and traffic control. 4. The City shall reimburse the County for all roadway materials used as well as for an amount equal to $10 per ton of asphalt laid, to offset County's expense for fuel, equipment maintenance and other miscellaneous costs. 5. The County shall provide the necessary materials, labor and equipment to complete the project. 6. This Agreement shall be effective from and after the date of execution hereof and is intended only for the purpose described in Section 2 above. 7. The rights, duties, and obligations under or arising from this Agreement shall not be assigned by either party hereto without the express written consent of the other. Approved on the 6th day of June, 2023 ATTEST: BY: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney CITY OF OWASSO, OKLAHOMA Kelly Lewis, Mayor Approved by the Board of County Commissioners of Tulsa County, Oklahoma on the day of 2023. TULSA COUNTY BOARD OF COUNTY COMMISSIONERS ATTEST: Michael Willis, County Clerk APPROVED AS TO FORM: Kelly Dunkerley, Chairman BY: District Attorney Exhibit "A" - Mingo Rd from 96th St N to 116th St N E 106th St N Walmart Supe E 961hSt N Target Bailey Ranch Golf Corse For Full- Depth - Reclamation, we estimate $165,000 per mile. This estimate is valid only if the work being performed takes 1 -week to complete and will increase or decrease with time and complexity. Tulsa County will only request reimbursement for the actual work performed. TO: The Honorable Mayor and City Council The Honorable Chair and Trustees Owasso Public Works Authority (OPWA) FROM: Roger Stevens, Public Works Director SUBJECT: Hale Acres Waterline Replacement Project DATE: June 2; 2023 BACKGROUND: On December 20, 2022, the City Council approved the 2022-2023 Community Development Block Grant (CDBG) contract in the amount of $159,894.62 for the Hale Acres Waterline Replacement Project. The Hale Acres subdivision was platted in 1972 and the waterlines were built with a material that was state of the art for the time period, but have reached the end of their service life. Combining the CDBG funding available with Owasso Public Works Authority (OPWA) funding, the Public Works Department designed a replacement waterline to serve the southern edge of the subdivision with the rest of the waterlines in the neighborhood to be replaced in subsequent phases of construction. Phase one of the project will replace approximately 2,400 linear feet of waterline along with thirty water service lines. The project was bid as two exclusive alternates. Alternate # 1 is using a six -inch diameter waterline and alternate #2 is using an eight -inch diameter waterline. The six inch waterline meets fire flow requirements, especially with the recent inter - connections made with the Meadowcrest waterlines and the South Sportspark connection to the 12" waterline at East 106th Street North. The eight -inch diameter line was included in the bid in order to compare cost differences should funds be available to upsize the line. SOLICITATION OF BIDS: In March 2023, City Engineering staff completed final bid documents, and published advertisements in accordance with state statutes on March 24 and 31, 2023. A mandatory pre - bid meeting was held on April 18, 2023 and bids were opened on April 25th, with a total of four contractors submitting bids. Stronghand LLC provided the lowest qualified bid in the amount of $377,942.91. Included in the bid is a project allowance of $30,000.00 should the final project cost require any additional scope of work, unforeseen at the time of bidding. Alternate #1 Alternate #2 Engineering Estimate $339,039.00 $348,979.00 Stronghand LLC $377,942.91 $416,333.04 Circle B Underground LLC $421,746.00 $505,033.00 Cherokee Builders $434,425.50 $480,047.50 Marsau Enterprises, Inc. $820,600.00 $864,805.00 Stronghand LLC provided the lowest qualified bid in the amount of $377,942.91. Included in the bid is a project allowance of $30,000.00 should the final project cost require any additional scope of work, unforeseen at the time of bidding. Hale Acres Wafer Bids Page 2 FUNDING: Funding in the amount of $150,000.00 is available through the Community Development Block Grant, with the remaining balance funded from the OPWA Fund. RECOMMENDATION: Staff recommends awarding Alternate #1 in the amount of $377,942.91 to Stronghand LLC of Tulsa, Oklahoma, and authorization to execute all necessary documents. ATTACHMENTS: Site Map Agreement Hale Acres Phase I 1" = 350 n Waterline 05/05/2023 This map may mpiesems a visual display of Belated geewaphic information. Data povi+_d here on is not guars =_e of anrtoal field cendians. To be sure of complem acwrcy pleasa contact t ^e Nsoonsicfe staff for most uµmdata infarnaticn- SECTION 00300 AGREEMENT Hale Acres Water Line Replacement Phase I THIS AGREEMENT is dated as of the 6"' day of June, 2023, by and between the City of Owasso and the Owasso Public Works Authority (hereinafter called OWNER) and Stronghand LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Placement of approximately 2400 LF of 8" PVC waterline along with miscellaneous fittings, re- connections to the existing water system and replacement of approximately 30 domestic water service lines. Project will be partially funded by a Community Development Block Grant. Project is located along 112`h St Nfrom North Garnett Road west to 100 East Ave. ARTICLE 2. ENGINEER The project has been assigned to the Project Manager or his/her duly authorized representative, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIME 3.1 The Work will be substantially completed within One Hundred and Fifty (150) calendar days from the date of Notice to Proceed; and completed and ready for final payment in accordance with the General Conditions within One Hundred and Eighty (180) calendar days from the date of Notice to Proceed, which will be on or before , 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER, if the Work is any such proof. OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER One Thousand Dollars ($1000.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for substantial completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER One Thousand Dollars ($1000.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds the amount agreed upon in CONTRACTOR'S bid. 4.2 CONTRACTOR understands that the estimated quantities are not guaranteed and that the determination of actual quantities and their classification is to be made by the OWNER at the time of application for payment. 4.3 CONTRACT AMOUNT: Contract amount is Three Hundred Seventy -Seven Thousand, Nine Hundred Forty -Two and 91/100, $377,942.91. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions on the Pay Estimate Forms included as Exhibit "A" to this Agreement. Applications for Payment will be processed by OWNER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment in accordance with the City of Owasso's Payment Schedule included as Exhibit "B" to this Agreement during construction as provided below. All progress payments will be on the basis of the progress of the Work. 5.1.1 Progress payments shall not exceed an amount equal to 95% of the WORK completed until such time as CONTRACTOR shall complete in excess of fifty percent (50 %) of the contract amount. 5.1.2 Upon completion in excess of fifty percent (50 %) of the total contract amount, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 97.5% of the Contract Price, less such amounts as OWNER shall determine in accordance with the General Conditions, provided that OWNER has determined that satisfactory progress is being made, and upon approval by the Surety. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the Contract Price. ARTICLE 6. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself/herself with the nature and extent of Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports or explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except underground facilities) which have been identified in the Supplementary Conditions as provided in the General Conditions. Contractor accepts the determination set forth in the General Conditions of the extent of the "technical data" contained in such reports and drawings upon which Contractor is entitled to rely. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to underground facilities at or continuous to the site. Contractor has obtained and carefully studied (or assume responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 6.3 CONTRACTOR has made or caused to be made examinations, investigations, tests and studies of such reports and related data in addition to those referred to in paragraph 6.2 as (s)he deems necessary for the performance of the Work at the Contract price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including the General Conditions. 6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6 CONTRACTOR has given OWNER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. 6.7 CONTRACTOR has obligated himself/herself to the OWNER to be responsible for the workmanship, labor and materials used in the project for two (2) years after the project has been accepted by the OWNER. 6.8 CONTRACTOR understands that (s)he will be exempt from all sales tax on materials and other items necessary for the completion of the project. The OWNER has issued him a Certification of Tax Exempt Project enclosed as Exhibit "C" of this Agreement. ARTICLE 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof, and consist of the following: 7.1 This Agreement (pages 1 to 6 inclusive). 7.2 Exhibits "A ", "B ", "C" and "D" to this Agreement. 7.3 Advertisement for Bids (Section 00100). 7.4 Requirements for Bidders (Section 00110). 7.5 Instructions to Bidders (Section 00120). 7.6 Bid (Section 00200). 7.7 Bid Bond (Section 00210). 7.8 Bid Affidavits (Section 00220). 7.9 Statement of Bidders Qualifications (Section 00230). 7.10 Certificate of Non - Discrimination (Section 00240). 7.11 Performance Bond (Section 00410). 7.12 Maintenance Bond (Section 00420). 7.13 Statutory payment Bond (Section 00430). 7.14 Notice of Award (Section 00510). 7.15 Notice to Proceed (Section 00520). 7.16 Change Order (Section 00600). 7.17 General Conditions (Section 00700). 7.18 Project Specifications (Section 00800). 7.19 Special Provisions (Section 00900). 7.20 Project Drawings, consisting of Sheets 1 to 13, inclusive, and Standard Drawings. 7.21 Addendum Numbers 1 to 2, inclusive. 7.22 Documentation submitted by CONTRACTOR prior to Notice of Award. 7.23 Any Modification, including Change Orders, duly delivered after execution of Agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in the General Conditions). ARTICLE 8. MISCELLANEOUS 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 OWNER and CONTRACTOR each binds himself/herself, his/her partners, successors, assigns, and legal representatives to the other party hereto, his /her partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.3 The Agreement (or remaining portions thereof) should continue in effect, be valid and binding upon both parties even if a provision or part of the Contract Documents should be held void or unenforceable by law. IN WITNESS WHEREOF, the parties hereby have signed this Agreement in duplicate. One counterpart has been delivered to CONTRACTOR, the other belongs to OWNER. All portions of the Contract Documents have been signed by OWNER and CONTRACTOR. This Agreement will be effective on June 6, 2023, OWNER: Kelly Lewis, Mayor /Chair CONTRACTOR: (SEAL) (SEAL) ATTEST: Juliann M. Stevens, City /Authority Clerk Name Approved as to form: Julie Lombardi, City /Authority Attorney Address for giving notices: 200 South Main St. Title Owasso, OK 74055 TO: The Honorable Mayor and City Council FROM: Roger Stevens, Public Works Director SUBJECT: Right -of -Way Consultant Agreement - Universal Field Services, Inc. East 961h Street North and North 145th East Avenue Intersection Improvement Project DATE: June 2, 2023 BACKGROUND: • November 2021, City Council approved an engineering design agreement with Garver, LLC • April 2023, staff received right-of-way and easement documents for 13 needed parcels • May 2023, staff met with Universal Field Services, Inc. and negotiated an agreement with proposed services and fee to obtain the needed right -of -way and easement AGREEMENT /SCOPE OF WORK: Staff received a formal agreement from Universal Field Services, Inc. and the following is the scope of work for right -of -way services: • Order and review appraisals; • Order and review title reports; • Survey right -of -way and easement as necessary; • Make initial contact with property owner; • Offer a donation letter to each property owner (in lieu of payment); • Assist City with offers for right -of -way and easements; • Work with City staff with any changes affecting the parcels; • Keep staff informed of all negotiations, contacts and documentation; and • File all necessary documents at the courthouse. The fee for services is a not to exceed amount of $99,750.00, which includes appraisals, title reports and land acquisition services. FUNDING: Funding for the land acquisition services is included in the project budget in the Capital Improvement Fund. RECOMMENDATION: Staff recommends approval of the Right-of-Way Consultant Agreement with Universal Field Services, Inc. of Tulsa, Oklahoma, in an amount not to exceed $99,750.00, and authorization to execute all necessary documents. ATTACHMENTS: Location Map Agreement E 96 St N and N 145 E Ave Intersection Improvements 1" = 335 ft Sub Title 05131/2023 This map may re resents a visual display of related geographic information. Data provided here on is no: guaramee of actual field conditions. To be sure of complete accuracy, please contact the responsible staff formost up -to -date information. SERVICE AGREEMENT THIS SERVICE AGREEMENT (this "Agreement ") dated as of the day of 2023, (the "Effective Date ") is made and entered into by and between Universal Field Services, Inc., an Oklahoma corporation ( "Universar') and City of Owasso, Oklahoma, ( "Client "). Universal and Client are also sometimes referred to herein individually as a "Party" and collectively as the "Parties ". WHEREAS, Client desires to engage Universal for the performance of work and /or for the provision of services, which may include the furnishing of labor, equipment, vehicles, instruments, materials, supplies, or other products as more particularly described herein (collectively "Services "); and WHEREAS, Universal is in the business of performing Services, and desires to perform Services for Client in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the premises and the mutual promises contained herein, the Parties agree as follows: 1. Term. The term of this Agreement shall commence upon the Effective Date and shall continue in full force and effect until terminated by either Party upon thirty (30) days prior notice to the other Party; provided, that neither Party shall be relieved of any of its respective obligations and liabilities arising hereunder prior to the effective date of any such termination. 2. Scope of Agreement. This Agreement supersedes all prior service agreements, subcontract agreements and similar agreements covering Services to be performed by Universal for Client. Unless otherwise agreed to in writing by the Parties, this Agreement shall also govern any Services being provided by Universal to Client as of the Effective Date. 3. Work Requests and Change Orders. (a) Work Requests. When Client desires Services to be performed by Universal, Client shall give Universal a request for such Services. The request shall be in the form of a written work request, purchase order, or other written document (each, along with any appropriately issued Change Order, a "Work Request"). Upon agreement between Client and Universal regarding the specific terms of the Work Request, Universal shall thereafter commence the performance of the Services in accordance with the terms and conditions of the Work Request and this Agreement. Unless otherwise agreed in the Work Request, Universal shall provide all labor, maintenance, supervision, and all equipment, materials, supplies, instruments, vehicles, and facilities needed to perform the Services in accordance herewith. (b) Change Orders. Client may during the performance of any Services make changes to the Services as described in the Work Request without invalidating this Agreement or such Work Request by providing Universal with a written authorization (a 1015 0001 "Change Order ") from Client. All such Change Orders will become a part of the applicable Work Request. (c) Time of Performance. Universal shall initiate Services upon notice by Client to do so and shall exert all commercially reasonable efforts to complete all of the Services by the date set forth in the applicable Work Request. 4. Compensation. Client shall pay Universal the fee agreed upon in the Work Request by Client and Universal (the "Fee "). In the event of termination prior to completion of the Services, Client shall pay Universal for Services performed up to the effective date of termination (based upon the amount of Services completed prior thereto) except to the extent any amounts owed are being contested in good faith by Client. Unless otherwise mutually agreed to in writing, the Fee shall be inclusive of all sales, use and other taxes, which shall be the sole responsibility of Universal. 5. Billing and Payment. (a) Invoices. In accordance with the Fee set forth in the Work Request, Universal shall submit invoices to Client within fifteen (15) days after the end of any month in which Universal performed Services hereunder, along with appropriate documentation supporting the invoiced charges. Universal shall also furnish satisfactory written evidence that all bills for labor and material for which Universal is responsible in connection with its performance of the Services have been paid. (b) Pam. Except as may otherwise be set forth in the applicable Work Request, Client shall pay such invoices net thirty (30) days after its receipt thereof, provided that (i) the invoice conforms to the requirements specified in this Article 5; and (ii) Client has been furnished all data that may have been requested by it under the terms of this Agreement and the applicable Work Request. 6. Record Keeping and Audit. Universal shall keep accounting books, records, receipts, time logs, etc. related to its performance of the Services and any expenses charged to Client hereunder in accordance with commonly accepted accounting and industry practices and shall retain such records for a period of at least three (3) years following completion of the Services. Client and its designated representatives shall have the right during normal business hours to inspect, copy, and audit the records of Universal pertaining to the Services rendered hereunder and /or the accuracy of any invoice or payment. 7. Independent Contractor. (a) Status of Parties. It is understood and agreed that Universal is an independent contractor in the performance of each and every part of this Agreement, and that Universal's employees shall be subject to Universal's sole and exclusive supervision, direction, and control, and shall not be deemed, in fact or in law, to be employees of Client. Universal shall have no authority to represent or bind the Client or its parent, subsidiaries, or affiliates. a (b) Universal's Workers. Client may, upon verbal notice to Universal (with written notification to follow), demand from time to time that Universal immediately remove any or all of Universal's employees from servicing this Agreement. Universal shall promptly replace the individual(s) for the remainder of the assignment. It is expressly agreed that neither Universal nor any of Universals employees shall be entitled to any Client benefits normally extended by Client to its own employees and that the Fee is the total consideration payable hereunder. 8. Liability and Indemnity. In those matters in which a Party is required to indemnify the other Party, the indemnifying Party shall release, protect, defend, indemnify, and hold harmless the indemnified Party and its Group (as defined below) from and against any and all Claims (as defined below) against the indemnified Party or any member of its Group, and shall pay all costs, expenses, fines, penalties, and interest incidental thereto and judgments resulting therefrom (including, without limitation, court costs and reasonable attorneys' fees incurred in the defense of any such Claims). (a) Definitions. (i) "Claims" shall mean any and all losses, expenses, costs, damages, liabilities, claims, demands, liens, causes of action, suits, judgments, settlements, regulatory proceedings, citations, orders, decrees, and taxes, of any nature, kind, or description (including without limitation, reasonable attorney fees, court costs, fines, penalties, interest, cleanup, remediation, debris removal, and well control) that may be brought or asserted against an indemnitee by any person or legal entity whomsoever. (ii) "Client Group" shall include Client, its parent, subsidiaries, and affiliates, and its and their owners, partners, joint venturers, contractors, and subcontractors (other than Universal and its contractors and subcontractors), and entities for whom Client is performing services, and the owners, shareholders, directors, officers, employees, agents, representatives, and invitees of all the foregoing. (iii) "Universal Group" shall include Universal, its parent, subsidiaries, and affiliates, and its and their owners, co- lessees, partners, joint venturers, contractors, and subcontractors, and the owners, shareholders, directors, officers, employees, agents, representatives, and invitees of all the foregoing. (b) Indemnification by Universal. Universal shall protect, defend and indemnify Client Group from and against all claims that arise from or are related to the Services performed under this Agreement or any Work Request and that are caused by or arise from the gross negligence or willful misconduct of Universal Group resulting in bodily injury, death or property loss or damage. c (c) Indemnification by Client. Client shall protect, defend and indemnify Universal Group from and against all claims that arise from or are related to this Agreement or any Work Request and that are caused by or arise from the gross negligence or willful misconduct of Client Group resulting in bodily injury, death or property loss or damage. (d) Joint or Concurrent Negligence. If a claim or cause of action of the nature described in Section 8(b) or 8(c) above of this Article 8 arises out of joint or concurrent gross negligence or j oint or concurrent willful misconduct of Universal Group and Client Group, each Party shall indemnify the other Party to the extent of the indemnifying Party's or its Group's gross negligence or willful misconduct. Neither Client nor Universal shall be obligated to indemnify the other Party or its Group for any cause of action arising from the sole gross negligence of the indemnified Party or its Group. (e) Conformity to Applicable Law. The indemnity obligations established under this Article 8 shall conform to any limits established by applicable law but otherwise shall be without monetary limit and without regard to whether the indemnitor may be strictly liable. (f) Participation. The indemnified Party shall have the right, at its option and at its sole expense, to participate in the defense of each such Claim. (g) Enforceability Amendment. To the extent permitted by applicable law, the indemnity and insurance provisions contained herein shall be liberally construed. Universal and Client agree that said indemnities shall be supported by insurance with minimum limits not less than the amounts required under Article 9 below; otherwise, the types and amounts of insurance required herein shall in no way limit either Party's indemnity obligations as stated above. If either the limit or extent of the indemnities or the insurance requirements hereunder is found to exceed the maximum limit or coverage permissible under applicable law, the subject indemnities and/or insurance requirements shall automatically be amended to the extent necessary to make them enforceable. (h) Notice; Attorney Fees. Each Party shall notify the other Party of any Claim that may be presented to or served upon it arising out of or as a result of Services performed hereunder, affording such other Party full opportunity to assume the defense of such Claim and to protect itself under the obligations of this Agreement. In the event that the defense and indemnity of the indemnitee under the applicable indemnity provisions herein is tendered to the indemnitor and the indemnitor denies or otherwise does not unconditionally accept the tender, then in addition to the indemnity and costs of defense owed by the indemnitor, the indemnitor shall also be obligated to pay all costs and expenses, including reasonable attorney fees, incurred by the indemnitee in pursuing its claim for indemnity against the indemnitor. 4 9. Insurance. (a) During the term of this Agreement, Universal agrees to maintain in full force and effect during the term of this Agreement, at Universal's sole cost and expense, insurance of the types and in the minimum amounts provided for below: (i) Workers' Compensation and Employer's Liability Insurance with coverage limits of not less than $1,000,000 per occurrence, and workers' compensation insurance satisfying the legal requirements of each state or location in which Services are to be performed, including an alternative employer /borrowed servant endorsement. (ii) Commercial General Liability Insurance, including bodily injury and property damage, with minimum limits, not less than $1,000,000 per occurrence. (iii) Automobile Liability Insurance with minimum limits not less than $1,000,000, and including bodily injury, property damage, and contractual auto liability, for all owned, hired and non -owned vehicles that will be used in the performance of Services hereunder. (iv) If any Work Request requires the independent rendering or independent implementation of any professional service, Universal shall provide professional liability insurance with a minimum limit of $5,000,000 per occurrence /$5,000,000 annual aggregate. (v) Such other insurance coverages as may be required pursuant to the applicable Work Request. (b) All insurance policies related to the Services shall: (i) provide a minimum of thirty (30) days' notice to Client prior to cancellation or material change, (ii) except for Workers' Compensation coverage, name Client Group as an additional insured without respect to any limit in the insurance policy, (iii) contain a waiver of subrogation as to Client Group, and (iv) be considered primary insurance in relation to any other insurance providing coverage to any member of Client Group. The cost for any and all deductibles in Universal's insurance shall be solely for the account of Universal. (c) Universal shall furnish Client with certificates of insurance evidencing the insurance required herein. In the event that Universal fails to provide Client with such certificates, Client has the right, but not the obligation, after five (5) days written notice to Universal, to obtain insurance on behalf of Universal, and to charge the cost to Universal. 10. Liens. Universal agrees to pay all just Claims for labor and /or materials furnished to Universal in connection with the performance of Services hereunder, and to allow no lien or charge for same to be filed against or fixed upon any property of Client Group or of 9 any customer of Client. Universal agrees to release, defend, indemnify and hold harmless Client Group from and against any and all such Claims and liens (including, without limitation, any legal or other fees incurred by the Client Group to have such claims and liens removed or satisfied, including investigation thereof). 11. Taxes and Claims. Notwithstanding anything herein to the contrary, Universal shall be responsible for and pay all taxes and duties levied or assessed by any governmental authority in connection with or incident to the performance of any Services under this Agreement. Universal shalt release, defend, indemnify and hold harmless Client Group from any and all Claims for all income, sales, use or any other taxes assessed or levied by any governmental authority against Universal or its subcontractors or against Client for or on account of any transaction contemplated hereby. 12. Confidentiality. (a) Definitions. (i) "Confidential Information" means all Business Information and Technology Information as defined below. (ii) "Business Information" means all information relating to the disclosing Party's business operations, assets and /or financial condition including, without limitation: all business plans, marketing strategies, financial statements and balance sheets, books and records, costs, pricing and pricing strategies, and other financial information; the identity of all actual and potential customers, consultants and employees, suppliers, manufacturers, dealers, resellers and distributors; all mailing lists, account information, and customer records; and all contracts, including the terms, conditions and status thereof. (iii) "Technology Information" means all information relating to technology owned, licensed or otherwise controlled by the disclosing Party, including, without limitation: all technical knowledge, data, data model(s), inventions, discoveries, product designs, capabilities and specifications, processes, procedures and concepts, including those incorporated in or manifested or represented by any product; all computer programs (both source and object codes), their organization, structure, sequence, logic, coherence, look and feel, subroutines, algorithms, formulas, design, concept and know -how; all written materials, instruction manuals, blueprints, schematic drawings, technical and/or design specifications, and design criteria; and all unpublished or draft patent applications, and all disclosures and other information contained therein. (b) Scope of Obligation. The Parties agree to maintain the confidentiality of the Confidential Information and to protect as a trade secret any portion of the other Party's Confidential Information by preventing any unauthorized copying, use, distribution, r installation or transfer of possession of such information. Each Party agrees to maintain at least the same procedures regarding Confidential Information that it maintains with respect to its own Confidential Information, but in no event less than a reasonable standard of care. Without limiting the generality of the foregoing, neither Party shall permit any of its personnel to remove any proprietary or other legend or restrictive notice contained or included in any material provided by the disclosing Party and the receiving Party shall not permit its personnel to reproduce or copy any such material except as expressly authorized hereunder. A Party's Confidential Information may only be used by the other party in order to fulfill its obligations under this Agreement. (c) Exceptions. Confidential Information shall not include any information that: (a) is already known to the receiving Party or its affiliates, to be free of any obligation to keep it confidential; (b) is or becomes publicly known through no wrongful act of the receiving Party or its affiliates; (c) is received by the receiving Party from a third party without any restriction on confidentiality; (d) is independently developed by the receiving Party or its affiliates; (e) is disclosed to third parties by the disclosing Party without any obligation of confidentiality; or (f) is approved for release by prior written authorization of the disclosing Party. (d) Residual Rights. Each Party acknowledges that the other may, as a result of its receipt of or exposure to the other party's Confidential Information, increase or enhance the knowledge and experience retained in the unaided memories of its directors, employees, agents or contractors. Notwithstanding anything to the contrary in this Agreement, each Party and its directors, employees, agents, or contractors may use and disclose such knowledge and experience in such Party's business, so long as such use or disclosure does not involve specific Confidential Information received from the other Party. The disclosing Party will not have rights in such knowledge and experience acquired by the recipient Party, nor rights in any business endeavors of the recipient Party which may use such knowledge and experience, nor rights to compensation related to the recipient Party's use of such knowledge and experience. (e) Irreparable Harm. Both parties acknowledge that any use or disclosure of the other Party's Confidential Information in a manner inconsistent with the provisions of this Agreement may cause the non - disclosing Party irreparable damage for which remedies other than injunctive relief may be inadequate, and both Parties agree that the non- disclosing Party may request injunctive or other equitable relief seeking to restrain such use or disclosure without the necessity of proving actual harm or posting bond. 13. Compliance with Laws. In the performance of the Services, Universal shall comply, and shall require each of its employees, agents, representatives, subcontractors, and invitees to comply, with the requirements of any and all applicable laws, regulations, rules, and orders of any governmental body having or claiming to have jurisdiction over the performance of Services under this Agreement. 14. Governine Law; Venue; Attorney Fees. To the maximum extent permitted by law, the laws of the State of Oklahoma (without regard to any conflicts -of -law rules which 7 would direct or refer to the laws of a different jurisdiction) shall govern the validity, construction, and enforcement of this Agreement and the rights and obligations of the Parties hereunder. The Parties agree that venue for any litigation between the Parties may be in any state or federal court of competent jurisdiction in Tulsa County, Oklahoma and the Parties shall submit to personal jurisdiction in Tulsa County, Oklahoma; provided, however, that the foregoing shall not be construed to limit the rights of a Party to enforce a judgment or order from such court in another jurisdiction. The prevailing Party in any dispute hereunder, in addition to actual damages and any other legal or equitable remedies to which it may be entitled, shall be entitled to recover reasonable attorney fees and costs from the non - prevailing Parry. 15. Notices. All notices required or permitted to be given hereunder (except Work Requests and as may be otherwise agreed in writing by Client and Universal) shall be in writing. Notices shall be given in person, or sent by courier, mail or facsimile to the Party to be notified and to the attention of the appropriate representative of the Party at the address set forth below, or such other address as may be designated ten (10) days prior thereto by notice to the other Party. Notices shall be deemed given when received by the Party to be notified; provided, however, that notices received after 5:00 PM or on a non - business day shall be deemed to be given the following business day; and provided further, that if notices cannot be given after reasonable effort at such address, notices shall be deemed constructively given three (3) days after being deposited in the United States mail, postage prepaid. If to Client: City of Owasso 301 W 2nd Ave. Owasso, OK 74055 Attn: Roger Stevens Telephone: (918) 272 -4959 Fax: (918) 272.4996 Email: rstevensnn.citvofowasso.com 16. Miscellaneous. If to Universal: Universal Field Services, Inc. 6737 S. 85th East Ave. Tulsa, OK 74133 Attn: Douglas R. Benson Telephone: 918- 494 -7600 Fax: 918 - 494 -7650 Email: dbenson @ufsrw.com (a) Entiretv. This Agreement sets forth the entire and complete agreement of the Parties as to the subject matter hereof, and supersedes any and all proposals, negotiations, and representations of the Parties prior to the execution hereof, including without limitation, prior drafts of this Agreement. (b) Amendments. No amendment, or modification of this Agreement, or any additional terms and conditions, shall be valid unless evidenced in a writing specifically identifying this Agreement and signed by a duly authorized representative of the Parties hereto. (c) Conflicts. In the event of a conflict between the terms and conditions of this Agreement and any subsequent documents, including without limitation, Work Requests, field work orders, work tickets, purchase orders, confirmations, invoices, statements, published rate or price schedules, or any other documents used by either 8 Party in the normal course of business, the terms and conditions of this Agreement shall prevail unless express reference is made therein to amending specific provisions of this Agreement and the same is signed by both Parties. (d) Force Majeure. Neither Party hereto shall be considered in default in the non - performance of its obligations hereunder to the extent that the performance of any such obligation is prevented or delayed by any cause, existing or future, which is beyond the reasonable control of such party. Time extensions for performance of Services by Universal shall be granted equivalent to such time of non - performance as a result of the force majeure. (e) Assignment. Universal shall not assign this Agreement, nor subcontract the whole or any part of the Services to be performed by Universal hereunder, without Client's prior written consent, which consent shall be at the sole discretion of the Client. Any such assignment shall be made subject to all the terms and conditions of this Agreement. (f) Waiver. No benefit, right or duty provided by this Agreement shall be deemed waived unless the waiver is reduced to writing, expressly refers to this Agreement, and is signed by both Parties. The waiver of one instance of any act, omission, condition, or requirement shall not constitute a continuing waiver unless specifically so stated in the aforesaid written waiver instrument. (g) Survival. The provisions of this Agreement which are intended to extend beyond its termination, including without limitation, the liability, indemnity, and confidentiality provisions, and the provisions applicable to the enforcement of those provisions and/or the enforcement of rights and obligations incurred hereunder which are not fully discharged prior to the termination of this Agreement, shall survive termination, to the extent necessary to effect the intent of the Parties and /or enforce such rights and obligations. (h) Partial Invalidity. In the event any provision (or portion thereof) of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, said provision (or portion thereof) shall be deemed to be amended to partially or completely modify such provision or portion thereof to the extent necessary to make it comply with said law, rule, or regulation, and this Agreement as so modified, shall remain in full force and effect. If necessary, this Agreement shall be deemed to be amended to delete the unenforceable provision or portion thereof, in which event such invalidity or unenforceability shall not affect the remaining provisions or application thereof which can be given effect without the invalid portion or application. [signature page follows] IN WITNESS WHEREOF, each of the parties hereto have caused this Agreement to be executed by its duly authorized officer as of the Effective Date. City of Owasso, Oklahoma Name: Kelly Lewis Title: Mayor Universal Field Services, Inc. In Name: Douglas R. Benson Title: Executive Vice President [Signature Page to Service Agreement] WORK REQUEST Project: East 96th Street N & N 145th E Ave. Intersection UFS Project Number: In accordance with the terms and conditions of the Service Agreement (the "Agreement') referenced above between Universal and Client, Client hereby authorizes Universal to perform the following Services, all of which shall be performed pursuant to the terms of the Agreement. Description of Scope of Services: See attached Bid Proposal Schedule: TBD For the performance of the described Services, Client will compensate Universal on the following basis: See attached Bid Proposal Project representatives: Client: City of Owasso, Oklahoma Attn: Roger Stevens, Public Works Director Client invoices will be sent to: Attn: Roger Stevens Public Works Director rstevensgeityofowasso.com Universal: Attn: Lori A. Vernon, SR/WA, RW -URAC R/W -RAC /Project Manager Universal accepts this Work Request and will perform the Services in accordance with the terms hereof and the above referenced Agreement. City of Owasso, Oklahoma Name: Kelly Lewis Title: Mayor Universal Field Services, Inc. Name: Douglas R. Benson Title: Executive Vice President CONTRACTOR BID PROPOSAL City of Owasso, Oklahoma E 96th Street N & N 145th E Ave Intersection PROJECT MANAGEMENT 5 Units of work for Appraisal @ 400.00 ea. = $ 2.000.00' 13 Units of work for Acquisition @ $ 1.200.00 ea.= $ 15.600.00 13 Unites of work for Acq. Assistant PM @ $400.00 ea. _ $ 5.200.00 N/A Units of work for Relocation @ $ 0.00 ea. = $ 0.00 Project Management Amount =$ 22.800.00 TITLE 8 Waiver Parcel @ $ 3.350.00 = 13 Title Reports @ $ 350.00 ea. = 4$ .550.00 Title Amount =$ 4.550.00 APPRAISAL $ 0.00 5 Narrative Summary Appraisal Reports @ 2$ .800.00 ea. $ 14.000.00 " = 0 Second Appraisals = $ 0.00 PROPERTY MANAGEMENT Appraisal Amount= $ 14,000.00 ACQUISITION $ 3.000.00 8 Waiver Parcel @ $ 3.350.00 = $ 26.800.00 5 Appraisal Parcels @ $ 3.100.00 = $ 15.500.00 0 BIA Parcels @ 0.00 $ 0.00 5 Mortgage Releases for Appraised Parcels @ 800.00 /ea. $ 4.000.00 Acquisition Amount =$ 46,300.00 RELOCATION D Project Assignment/Property Management @ 0.00 = $ 0.00 0 Residential Relocation @ $ 0.00 = $ 0.00 0 Personal Property Moves @ $ 0.00 = $ 0.00 Relocation Amount = $ 0.00 PROPERTY MANAGEMENT Project Management/Property Management $ 3.000.00 Property Management Amount =$ 3.000.00 SURVEY 13 Appraisal Staking @ 3$ 50.00 = $ 4.550.00 13 Utility Staking @ 350.00 = $ 4.550.00 Condemnation $1,850.00 /parcel Survey Amount= 9100.00 TOTAL PROJECT COST = $ 99.750.00 Universal Field Services, Inc. will only bill forthose action items that are completed. If parcel count changes up or down, the cost will reflect these changes. 'The number of appraisals could be reduced if it is determined that waiver valuations can be used, which would decrease appraisal cost but increase acquisition cost. Per meeting with City Officials on 4112123 we estimated 5 appraisals on this project for this Bid Proposal. • Mortgage releases are estimated until Title Reports are obtained. Property Management fee includes driveout inspection, creation, and maintenance of driveout report and maintenance of parcels until acquisition is complete. Mileage will be reimbursed at the current IRS rate at the time business miles are incurred. If Relocation is determined to be required, UFS will provide a BID. Condemnation staking prices are provided for your Information, but are not Included in the TOTAL PROJECT COST listed above. TO: The Honorable Mayor and City Council FROM: Michele Dempster, Human Resources Director SUBJECT: Fraternal Order of Police (FOP) Contract for FY 2023 -2024 DATE: June 2, 2023 BACKGROUND: The Fraternal Order of Police Lodge #149 (FOP) and the City have been meeting to negotiate a contract for fiscal year 2023 -2024, and have reached a tentative agreement. The proposed contract has been voted on and approved by the Lodge. PROPOSED CONTRACT: The proposed contract is for a one -year term and provides for a 9.50% across- the -board increase, and an increase in shift differential from $0.50 to $1.00 per hour, with an increase in cost of $615,300, including benefits. In addition, the proposed contract includes language clarifications agreed to by the City and the FOP, as well as the following non - monetary changes: • Add language requiring 60 college credit hours from a regionally accredited college or university for promotions, if hired after July 1, 2023; • Increase uniform trousers issued from 4 to 5; • Reduce number of report and citation folders issued from 2 to 1; • Add option for employees hired after July 1, 2023 to request Red Dot system for department issued handgun. RECOMMENDATION: Staff recommends approval of the FY 2023 -2024 contract between the City of Owasso and the Fraternal Order of Police, Lodge # 149, and authorization to execute all necessary documents. ATTACHMENT: Recommended FOP Contract with Strikeouts Agreement between THE CITY OF OWASSO, OKLAHO-N/1A a municipal corporation and FRATERNAL ORDER OF POLICE LODCTE NO. 149 July 1, 2023 - June 30, 2024 TABLE OF CONTENTS Article 1 Purpose of Agreement 3 Article 2 Authority and Tenn 4 Article3 Savings Clause 5 Article 4 Gender Neutrality Clause 6 Article 5 Mutual Responsibility to Avoid Discrimination 7 Article 6 Prevailing Rights 8 Article 7 Management Rights and Responsibilities 9 Article 8 Bargaining Units Rights and Security 11 Article 9 Prohibition of Strikes 12 Article 10 Successors and Assigns 13 Article11 Recognition 14 Article 12 Publication and Distribution 15 Article 13 Grievance Procedure 16 Article 14 Personnel Files 20 Article 15 Officer Bill of Rights .22 Article 16 Safety and Health Committee 25 Article17 Honor Guard 26 Article 18 Dues Check Off 27 Article 19 Classifications and Promotions 28 Article20 Vacation 30 Article 21 Holiday Pay 31 Article22 Sick Leave 32 Article 23 Work Schedule 34 Article24 Seniority 37 Article 25 Retirement and Pension 39 Article26 Insurance 40 Article 27 Uniform and Equipment 41 Article 28 Personal Property 44 Article 29 Temporary Assignment 45 Article 30 Education Incentive 46 Article31 Longevity Pay 48 Article 32 Detective "On -Call" Pay 49 Article33 Compensation 50 Article 34 Drug and Alcohol Testing 52 Article 35 Wellness Program 53 Article 36 Shift Differential 55 SignaturePage 56 2 ARTICLE 1 PURPOSE OF AGREEMENT It is the intent and purpose of this Agreement, entered into by and between the CITY OF OWASSO, OKLAHOMA, hereinafter referred to as EMPLOYER, and LODGE NO. 149, FRATERNAL ORDER OF POLICE, hereinafter referred to as LODGE, to achieve and maintain harmonious relations between the parties hereto and to provide for the equitable and orderly adjustment of grievances which may arise during the tern of this Agreement. ARTICLE 2 AUTHORITY AND TERM Section 1. The Employer and Lodge have, by these presents, reduced to writing the collective bargaining agreement resulting from negotiations entered into by the Employer and the Lodge. Section 2. This Agreement shall become effective on the 1 st day of July, 242-2 2023 and shall remain in full force and effect until midnight, June 30, 2423 2024. Section 3. Whenever wages, rates of pay, or any other matters requiring appropriation of monies by the Employer are included as a matter of collective bargaining, it is understood by the parties hereto that this agreement shall serve as notice to collectively bargain for all issues and compensation for the following fiscal year, in lieu of written notice, pursuant to O.S.A. 11, (1994) 51 -101, et eq. Section 4. It shall be the obligation of the Employer and the Lodge to meet the first business day of March or within ten (10) days thereof to negotiate in good faith with representatives of the Lodge and Employer. Section 5. In the event the Lodge and the Employer are unable to reach an agreement within thirty (30) days from and including the date of the first meeting, any and all unresolved arbitrable issues may be submitted for mediation before arbitration at the request of either party. ARTICLE 3 SAVINGS CLAUSE Section 1. If any provision of this Agreement or the applications thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or applications and, to this end, the provisions of this Agreement are severable. Section 2. It is understood that the articles included herein constitute a complete understanding of all the terms and conditions of employment to be governed by this Agreement during the contract period and it cannot be altered in any manner save by the complete written concurrence of the parties subscribing hereto. Section 3. Any appendices to this Agreement shall be numbered, dated and signed by the Employer and the Lodge and shall be subject to the provisions of this Agreement, and all appendices shall become a part of this Agreement as is specifically set forth herein. Section 4. It is understood that all time limits found in this Agreement may be extended by mutual concurrence. Section 5. In the event an Agreement is not made for the fiscal year 2023 20242024 -2025 this Agreement will remain in effect until such time as one is made in succession. ARTICLE 4 GENDER NEUTRALITY CLAUSE "Gender ". A word importing one gender only shall extend and be applied to both all genders. ARTICLE 5 MUTUAL RESPONSIBILITY TO AVOID DISCRIMINATION Section 1. Nothing in this Agreement shall be interpreted as diminishing the obligation of both parties to undertake affirmative action to insure that applicants or employees are treated without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, status of Lodge membership, or political affiliations. Specifically, pursuant to Equal Employment Opportunity Commission Guidelines, each party is obligated to take positive action in affording equal employment, training and promotional opportunities to all members, as required by Title VII of the Civil Rights Act of 1964, as amended. Additionally, nothing in this Agreement shall be interpreted as diminishing the obligation of both parties to comply with the provisions of the Fair Labor Standards Act, or the Americans with Disabilities Act, or any duly adopted Department of Labor Regulations promulgated thereunder. Section 2. In the event that any portion of this Agreement unintentionally conflicts with the Employer's capability to be in compliance with said Acts, the EEOC Guidelines and Department of Labor Regulations will be over - riding to that portion of this Agreement. ARTICLE 6 PREVAILING RIGHTS Section 1. All rules, regulations, fiscal procedures, working conditions, departmental practices and manner of conducting the operation and administration of the Owasso Police Department currently in effect for and with respect to the members of the Police Department on the effective date of this Agreement shall remain in full force and effect, unchanged and unaffected in any manner, unless and except as modified or changed by the specific terms of this Agreement. Section 2. It is understood by the parties hereto that the portions hereof regarding Safety and Health Committee as well as departmental practices, as previously stated, are subject to a modification by adoption of an appropriate ordinance, personnel manual or departmental procedure and negotiation. By reason thereof, upon promulgation by the Employer of the Accident Review Board, together with the practices, procedures and policies therein, as well as promulgation of the Owasso Police Department Operations Manual, the Lodge, upon notification of such by the Employer, shall re -open negotiations between the parties whereby inclusion of said matters shall be negotiated between the parties. ARTICLE 7 MANAGEMENT RIGHTS AND RESPONSIBILITIES Section 1. Lodge recognizes the prerogative of the Employer to operate and manage its affairs in all respects and in accordance with its responsibilities, and the power or authority which the Employer has not officially abrogated, delegated, granted or modified by this Agreement is retained by the Employer, and all rights, powers and authorities the Employer had prior to the signing of this Agreement are retained by the Employer, and remain exclusively and without limitation within the rights of the Employer. Section 2. Except as may be limited within this agreement, the Employer retains the rights in accordance with the Constitution, the laws of the State of Oklahoma, and Charter of the municipality and the responsibilities and duties contained in the laws of the State of Oklahoma and the ordinances and regulations promulgated there under. A. To determine Police Department policy including the rights to manage the affairs of the Police Department in all respects; B. To assign working hours, including overtime; C. To direct the members of the Police Department, including the right to hire, promote or transfer any employee; D. To discipline, suspend, or terminate any employee, as provided for in this agreement, provided that just cause shall be the standard for any discipline, suspension or termination; E. To determine the organizational chart of the Police Department, including the right to organize and reorganize the Police Department and the determination of job classifications and ranks based upon duties assigned; F. To determine the safety, health and property protection of the Police Department; G. To allocate and assign work to all Employees within the Police Department; H. To be the sole judge of qualifications of applicants and training of new Employees; I. To schedule the operations and to determine the number and duration of hours of assigned duty per week; J. To establish and enforce Police Department rules, regulations and orders; ARTICLE 7 MANAGEMENT RIGHTS AND RESPONSIBILITIES (continued) K. To introduce new, improved, or different methods and techniques of Police Department operation or change existing methods and techniques; L. To determine the amount of supervision necessary; M. To control the departmental budget; N. To take whatever actions may be necessary to carry out the mission of the Employer in situations of emergency. 10 ARTICLE 8 BARGAINING UNIT RIGHTS AND SECURITY Section 1. Bulletin Boards. The Employer shall provide space in all Police Stations for Lodge bulletin boards. No materials of a subversive or derogatory nature or political endorsements shall be posted. The location of such Bulletin Boards shall be mutually agreed upon by the Employer and the Lodge and shall not cover more than sixteen square feet. The Bulletin Boards and items posted are the sole property of the Lodge. Section 2. Members of the Lodge will be allowed to attend Lodge functions within the city, while on duty without loss of pay. However, members will be subject to call out. Section 3. Members of the Lodge may be given time off for lodge functions. After written notice to the Chief of Police, Lodge Representatives may be granted time off without loss of pay to conduct bonafide Lodge business. For business outside the city limits, Employer shall make schedule adjustments to insure that Lodge Officers' days off or compensation time will be scheduled during the time of the Lodge business. Such schedule adjustments shall not be unreasonably withheld. Section 4. The Employer shall grant 1.85 hours of Union leave accrual per pay period to the current President of the lodge, to conduct lodge business. Such accrual shall be accrued separately from vacation and compensatory leave. The balance of Union leave accrued will not carry forward from one fiscal year to the next. Section 5. The Chief of Police may grant leave with pay to Lodge Representatives to conduct Lodge business which mutually benefits the Lodge as well as the Police Department. 11 ARTICLE 9 PROHIBITION OF STRIKES Section 1. The Lodge and the Employer are well aware of the public policy and the necessity that there shall be no strikes or other action which would tend to disrupt the provision of those services traditional to Employer's business; in that the public policy of the State of Oklahoma has been expressly stated by the Oklahoma Legislature and codified as Title 11 O.S. Section 51 -111, as amended that statutory provision is deemed to provide the spirit and intent under which the following sections of this article are provided and the parties hereto are bound. Section 2. Neither the Lodge, nor any of its officers, agents, or employees, or any of the employees for which it bargains, shall in any manner coerce, intimidate, instigate, induce, sanction, suggest, conspire with, promote, support, engage in, condone, or encourage any person to participate in any strike, work stoppage or slowdown. The Lodge shall not aid or assist any persons or parties engaging in the above prohibited conduct, nor shall the Lodge provide funds, financial and other assistance for the conduct or direction of such activities for the payment of strike, unemployment, or other benefits to those persons participating in such prohibited conduct and activities; provided, however, that the Lodge may provide legal representation for itself or persons accused of such activities, or for any purpose it may deem necessary. Section 3. Upon notification confirmed in writing, by the Employer to the Lodge that certain of its members are engaging in a strike, the Lodge shall immediately, in writing, order such members to return to work at once and provide the Employer with a copy of such an order and responsible officials of the Lodge shall publicly order them to return to work. Such characterization of strike by the Employer shall not establish the existence of a strike. Such notification by the Lodge shall not constitute an admission by it that a strike is in progress or has taken place or that any particular member is or has engaged in a strike. The notification shall be made solely on the representation of the Employer. In the event that a strike occurs, the Lodge agrees to take all reasonable effective and affirmative action to secure the members return to work as promptly as possible. The Lodge shall not be in breech of this agreement where the acts or actions hereinbefore enumerated are not caused or authorized by the Lodge. 12 ARTICLE 10 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the successors and assigns of the parties hereto during the term of this Agreement; and no provisions, terms or obligations herein contained shall be affected, modified, altered or changed in any respect whatsoever by any change of any kind in the ownership of management of either party hereto, or by any change geographically of place of business of either party hereto. 13 ARTICLE 11 Section 1. The Employer recognizes the Lodge as the exclusive bargaining agent for all police officers, except the Chief and, one designated Administrative Assistant. The Lodge shall be advised in writing who the Chief s Designated Administrative Assistant is, within ten (10) days after this agreement takes effect. In the event there is no Designated Administrative Assistant appointed, the Lodge will be so notified. Section 2. Police Officers who are CLEET certified upon hire are probationary employees for twelve (12) months from date of hire. Police Officers who are required to attend the CLEET Academy are probationary employees for twelve (12) months from the date of graduation from the CLEET Academy. In situations where a probationary employee misses a significant portion of training due to an on- the job injury or off-the-job injury or illness, or at the discretion of the Chief of Police, probation may be extended up to six (6) months. 14 ARTICLE 12 PUBLICATION AND DISTRIBUTION The City shall provide the Lodge with one (1) signed original contract for the term of this agreement and one computer file copy. The cost of publication shall be born by the Employer. 15 ARTICLE 13 GRIEVANCE PROCEDURE Section 1. It is the intent of the parties to this Agreement to prevent grievances and to settle any which may occur as fairly and promptly as practical. Therefore, it is agreed that there should be time limits between the initiation of a grievance and its occurrence and between steps of the grievance procedure and the time in which each answer must be given. All time limits set forth in this Article may be extended by mutual consent, once by each party per step in the grievance process, but if not so extended, they must be strictly observed. If a party fails to pursue any grievance within the time limits provided, the party shall have no further right to continue the grievance. Further, this article is not intended to limit the parties' right to grieve or arbitrate any matter which would otherwise be subject to arbitration by statute. Section 2. The Lodge or any employee covered under this Agreement may file a grievance within twenty (20) business days of alleged occurrence, as hereinafter defined, and shall be afforded the full protection of this Agreement. Section 3. The Lodge President or his authorized representative may report an impending grievance to the Chief of Police in an effort to forestall its occurrence. Section 4. Except for documented verbal counseling or written reprimands, as defined in Section 5, of this article, any controversy between the Employer and the Lodge or any employee concerning the interpretation, enforcement or application of any provisions of this Agreement, concerning any of the terms or conditions of employment contained in this Agreement, shall be adjusted in the following manner: A. The grievance shall be discussed by the employee with the Chief or the Chief of Police's designated representative. Said employee's Lodge President, or his alternate, shall be present at said discussion. The answer shall be orally submitted by the Chief or his designated representative, within twenty (20) business days to the employee(s) involved and to the Lodge President. B. If the grievance is not settled by the provision of Section 4A, it shall be submitted in writing by the Lodge to the Chief of Police within twenty (20) business days from the receipt of oral answer with a possible solution to said grievance. C. The Chief of Police shall submit his reply in writing to the employee involved and to the Lodge President or designate within twenty (20) business days. If the grievance has not been settled within that time, both the grievance and solution recommended by the Lodge shall be sent to the City Manager for adjustment. Said grievance and recommended solution shall be submitted to the City Manager within (20) twenty business days of the Chief's reply. 16 ARTICLE 13 GRIEVANCE PROCEDURE (continued) D. The City Manager shall submit his answer in writing to the Police Chief, the employee involved and the Lodge President or designate within twenty (20) business days. If the City Manager and the Lodge President or designate have not settled the grievance within that time, it may then be submitted to arbitration. Grievances submitted to arbitration for adjustment shall proceed as follows: 1. Within ten (10) business days parties shall jointly request a panel of arbitrators from the Federal Mediation and Conciliation Service. a) The Employer shall have the option to utilize a board of three (3) arbitrators in lieu of one (1) arbitrator. The Employer shall be responsible for the increase in cost associated with a three (3) arbitrator panel. The parties shall jointly request a panel of fifteen (15) for a board of three (3) arbitrators. ii. The parties shall jointly request a panel of nine (9) arbitrators for one (1) panel arbitrator. b) Arbitrators must have NAA affiliation (National Academy of Arbitrators). c) The Employer and the Lodge each may exercise the option to request a new panel once per arbitration selection process. 2. Within ten (10) business days from the receipt of such panel, a representative of the Lodge and the Employer shall meet and alternately strike names until one (1) or three (3) arbitrator(s) remains who shall be selected as the impartial arbitrator(s). The party requesting arbitration shall strike the first name. 3. Upon notification of the Federal Mediation and Conciliation Service of the selection of the arbitrator(s) and the arbitrator(s) is /are contacted, the date for the arbitration hearing shall be requested to be set subject to the earliest availability of the selected arbitrator(s). 4. The arbitrator shall be requested to issue a written opinion, or panel of arbitrators shall be requested to issue a majority consensus opinion, containing findings and recommendations with respect to the issues presented, within twenty (20) business days after the conclusion of the hearing. A copy of the opinion shall be mailed or delivered to the Lodge and Employer. 5. With respect to the interpretation, enforcement, or application of the provisions of this Agreement, the decision, findings, and recommendations of the arbitrator(s) shall be final and binding on the parties of this Agreement. 17 ARTICLE 13 GRIEVANCE PROCEDURE (continued) 6. The arbitrator(s)' authority shall be limited to the interpretation and application of the terms of this Agreement and /or any supplement thereto. The arbitrator(s) shall have no jurisdiction to establish provisions of a new Agreement or variation of the present Agreement or to arbitrate away, in whole or in part, any provision or amendments thereof. This shall not preclude individual wage grievances. The cost of the impartial arbitrator shall be shared equally between the Lodge and the Employer. If a transcript of the proceedings is requested, the party so requesting shall pay for it. Section 5. Any controversy between the Employer and the Lodge or any employee concerning the interpretation, enforcement or application of any provisions of this Agreement, that resulted in a documented verbal counseling or a written reprimand shall be adjusted in the following manner: A. The grievance shall be discussed by the employee with the Chief or the Chief of Police's alternate. Said employee's Lodge President, or his alternate, shall be present at said discussion. The answer shall be orally submitted by the Chief or his designated representative, within twenty (20) business days to the employee(s) involved and to the Lodge President. B. If the grievance is not settled by the provision of Section 5A, it shall be submitted in writing by the Lodge to the Chief of Police within twenty (20) business days from the receipt of oral answer with a possible solution to said grievance. C. The Chief of Police shall submit his reply in writing to the employee involved and to the Lodge President or designate within twenty (20) business days. If the grievance has not been settled within that time, both the grievance and solution recommended by the Lodge shall be sent to the City Manager for adjustment. Said grievance and recommended solution shall be submitted to the City Manager within twenty (20) calendar days from the Chief's reply. D. The City Manager shall submit his answer in writing to the Police Chief, the employee involved and the Lodge President or designate within twenty (20) business days. If the City Manager and the Lodge President or designate have not settled the grievance within that time, it may then be submitted to arbitration through a written review by an impartial arbitrator. W ARTICLE 13 GRIEVANCE PROCEDURE (continued) 1. The parties shall jointly request a panel of nine (9) arbitrators from the Federal Mediation and Conciliation Service within ten (10) business days. Arbitrators must have NAA affiliation (National Academy of Arbitrators). 2. Within ten (10) business days from the receipt of such panel, a representative of the Lodge and the Employer shall meet and alternately strike names until one (1) arbitrator remains who shall be selected as the impartial arbitrator. The party requesting arbitration shall strike the first name. 3. Following the selection of the impartial arbitrator both parties shall submit cases in writing to the arbitrator and the other party by an agreed upon date. If parties cannot agree the arbitrator shall set the date. 4. The arbitrator shall be requested to issue a written opinion containing findings and recommendations with respect to the issues presented, within sixty (60) business days after submission of the case. A copy of the opinion shall be mailed or delivered to the Lodge and Employer. 5. With respect to the interpretation, enforcement, or application of the provisions of the Agreement, the decision, finding, and recommendations of the arbitrator shall be final and binding on the parties of this Agreement. The arbitrator's authority shall be limited to the interpretation and application of the terns of this Agreement and /or any supplement thereto. The arbitrator shall have no jurisdiction to establish provisions of a new Agreement or variations of the present Agreement or to arbitrate away, in whole or in part, any provision or amendments thereof. 7. The cost of the impartial arbitrator shall be shared equally between the Lodge and the Employer. Section 6. It is specifically and expressly understood that filing a grievance under this Article which has as its last step, final and binding arbitration, constitutes an election of remedies and a waiver of any and all rights by both parties, the Lodge or other representatives of the party, to litigate or otherwise contest the last answer rendered through the Grievance Procedure in any court or their appeal forum. 19 ARTICLE 14 PERSONNEL FILES Section 1. Master personnel files for employees shall be maintained exclusively by the Human Resources Office. However, it is agreed that the term master personnel files does not include supervisor notes and internal investigations, which may be maintained by the department. It is further agreed that if materials concerning investigations, complaints, and reprimands, for violations of any rules, regulations or policies, or other materials that might be considered detrimental to the employee's position, advancement or future with the department are to be placed in the employee's master personnel files, the Employer shall notify the employee of said action and the employee shall be given the proper opportunity to appeal such action before it becomes a part of his master personnel files. Section 2. Any Employee shall be allowed to review his master personnel files under supervision at any reasonable time upon written request to the Human Resources Office and notice to the Chief of Police. The employee requesting review of their master personnel file shall schedule an appointment with the Human Resources Office. Section 3. Recognizing that disciplinary actions provide a basis for training and counseling and are not meant to perpetually penalize an employee, the following procedure is hereby established: Procedure: A. Employees may request that disciplinary actions be sealed according to the following schedule. 1. Written reprimands and notice of Documented Verbal Counseling with no recurrence after eighteen (18) months from date of discipline may be sealed. 2. Suspensions, without recurrence, after three (3) years from date of discipline may be sealed. 3. Upon approval of a request to seal or remove disciplinary actions from an employees' master personnel file, departmental internal investigation files shall be expunged contemporaneously with such request and approval. Disciplinary actions, including sealed files with no recurrence, are eligible for removal, at the request of the employee after eight (8) years. In order to be eligible for removal the employee must authorize the City to view all sealed files to determine if a recurrence has occurred. Employees may request that disciplinary action, including sealed files, with no recurrence, be removed prior to eight (8) years if mutually agreed upon by the employee and city. 20 ARTICLE 14 PERSONNEL FILES (continued) B. Requests for sealing or removal of disciplinary actions should be directed to the office of the Chief of Police. C. Sealing or removal shall include all memos, letters, correspondence, complaint forms and any other written or electronically recorded material pertaining to the action. D. Sealing or removal shall not include any material related to criminal offenses for which the employee was charged nor any material related to a pending tort claim or pending litigation, except in concurrence with the sealing or expungement of criminal charges by a court of competent jurisdiction, or except in the event of complete exoneration of the employee by the court. E. The sealed action shall not be held to discriminate against the employee in any subsequent disciplinary action, or in the event of impending promotion, merit step raise, transfer, special requests, modification of duty, vacation selection, application for other employment, or against any other action the employee may take for his personal improvement or betterment. F. Once sealed, the file shall not be opened unless the employee requests such unsealing; or records are required for a pending tort, pending litigation or valid court subpoena approved by the City Attorney; but, in any case, the employee is to be notified of the opening of the sealed file and the reason therefore. G. All unfounded, exonerated, not sustained, and no finding complaints will be maintained in a separate file by the department, for a period of no more than two (2) years from the date of the alleged occurrence, unless a tort or litigation is pending. 21 ARTICLE 15 OFFICER BILL OF RIGHTS Section 1. The Chief of Police shall establish and put into operation a system for the receipt, investigation, and determination of all complaints against Police Officers received by such Chief of Police from any person. Section 2. Whenever an Officer is under investigation and is subject to interrogation by members of his agency, for any reason which could lead to disciplinary action, demotion, or dismissal, or is a witness to any such incident such interrogation shall be conducted under the following conditions: A. Interrogation: When an Officer is under investigation by the Owasso Police Department for a complaint received, and is to be interrogated in respect to such complaint by other members of the department when there is a logical possibility that suspension, demotion, or dismissal may result, such interrogation shall be conducted as follows: B. When an Officer is to be interrogated or interviewed as a witness in an investigation by the Owasso Police Department for a complaint received, and is to be interrogated or interviewed in respect to such complaint by other members of the department when there is a logical possibility that suspension, demotion, or dismissal may result for an officer, such interrogation or interview shall be conducted as follows: 1. An accused Officer shall be notified of the name of all complainants, and the purported aggrieved person. Such notification shall accompany the notice of investigation. Absent corroborating evidence, no member of the Department can stand in as the complainant or aggrieved person, in order to protect the identity of the complainant or aggrieved person. The only exception shall be in the instance of criminal complaints against an officer. The employee may request to be confronted by the complainants. This shall be allowed where deemed necessary to by the employee or the investigating officer. 2. Preliminary discussions with supervisory personnel within the Police Department, in relation to a complaint received, shall not be considered as interrogation as used herein. The Officer being interrogated / interviewed shall be informed of the rank, name, and command of the Officer in charge of the investigation, the interrogating Officer or identity of any agent acting on behalf of the Officer in charge of the investigation, and all persons present during the interrogation. All questions directed to the Officer being interrogated / interviewed shall be asked by and through any one interrogator at any one time. 22 ARTICLE 15 OFFICER BILL OF RIGHTS (continued) 4. The Officer being interrogated/interviewed shall be informed of the nature of the investigation prior to any interrogation /interview. Interrogation /interview sessions shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonably necessary. 6. The Officer being interrogated / interviewed shall not be subjected to offensive language or threatened with transfer, dismissal, or disciplinary action. No promise or reward shall be made as an inducement to obtain testimony or evidence. 7. The Officer being interrogated/ interviewed shall be completely informed of all his rights pursuant to this procedure prior to the commencement of the interrogation and of his responsibility to answer all questions, and this notification shall be included on the tape recording or written record of the session. 8. At the request of any Officer being interrogated/ interviewed, he shall have the right to be represented by counsel or any other representative of his choice who may be present at all times during such interrogation, at no additional expense to the Employer. 9. Interrogation / interviewing of Officers may be taped or recorded in written form at the discretion of the investigating Officer. Officers being interrogated / interviewed may record the proceedings with his own equipment or record at his own expense. Records and tapes compiled by the department shall be exclusively retained by the department as confidential information, but may be used at the discretion of the Employer in administrative hearings or for other administrative purposes. C. An Officer under investigation shall receive written notification from the investigating Officer or the Chief of Police as to the conclusion of the investigation. Adjudication will commence not more than 20 business days from the conclusion of the investigation. Notification of the conclusion of the investigation shall be provided by the investigating person to both the Chief of Police and the Lodge President within 24 hours of conclusion. If an Officer is under multiple investigations, arising from the same complaint, the 20 business days will commence at the conclusion of the final investigation. The 20 -day time period may be extended by mutual consent. 23 ARTICLE 15 OFFICER BILL OF RIGHTS (continued) D. No Officer shall be discharged, disciplined, demoted, or denied promotion, or transfer, or reassignment, or otherwise be discriminated against in regard to his employment, or be threatened with any such treatment, by reason of his exercise of the rights granted by this contract. E. Any and all questions shall be narrowly focused on the subject of the complaint. Questions shall be relevant and pertinent to the original complaint. If any additional violations surface, the investigator shall consult with the Chief of Police prior to investigating the newly uncovered violation. The Officer being investigated / interviewed shall be informed in writing at that time that the investigation is being expanded to include the additional violations. F. Disputes, disagreements, or grievances resulting from any lack of clarity in language, shall be resolved through the grievance process. G. Officers are afforded any and all rights, protections, and guaranties, granted to any employee by the Constitution of the United States, State of Oklahoma, and including any and all Federal, State, and Municipal laws, and ordinances. 24 ARTICLE 16 SAFETY AND HEALTH COMMITTEE Section 1. The Employer and the Lodge agree to cooperate to the fullest extent in the promotion of safety and health, on the Employer's premises and while carrying out this mission of the Employer and the duties of the employees. For this purpose, it is agreed to establish a safety and health committee to consist of two (2) members appointed by the Lodge, two (2) members appointed by the Chief of Police and one (1) member mutually agreed upon by the appointed members. Section 2. The Safety and Health Committee shall have the authority to conduct on -site inspections of equipment, buildings and other related areas to the occupational environment of the bargaining units. They shall also have the latitude to make studies of safety equipment and practices and to conduct investigations into health hazards that may be appropriate to protect the Employer's interest as it may relate to Worker's Compensation or other liability inherent to occupational diseases and injury and to protect the member's rights to a safe employment environment. At the discretion of the Chief of Police and the availability of manpower, members of the committee shall be excused from duty for the work of the committee. Section 3. The Employer agrees to make every effort to correct safety hazards or unsafe working conditions as recommended by the Safety Committee. 25 ARTICLE 17 HONOR GUARD An Honor Guard consisting of ten (10) Officers shall be selected by the Lodge. The composite of the Honor Guard shall be subject to approval of the Chief of Police. All necessary attire and equipment shall be furnished by the City. The function of the Honor Guard shall be to serve at official gatherings, such as the arrival of Dignitaries, Police Officer Funerals, State Memorial Service and any other special events as approved by the Chief of Police. Members of the Honor Guard may be allowed time off with pay for each event, subject to approval of the Chief of Police. Honor Guard vacancies may stay vacant up to twelve (12) months depending upon budget. An officer shall not voluntarily resign from the Honor Guard within three years of appointment to the Honor Guard. GT ARTICLE 18 DUES CHECK OFF Section 1. The Employer agrees to deduct regular monthly Lodge dues from earned wages of those employees who are in the bargaining unit and who have provided written authorization to the City for said deduction. The deduction shall be made from each paycheck in an amount certified to be correct by the Secretary of the Lodge no later than the close of the workday following each payday after the deduction is made. The payroll deduction shall be revocable by the employee by notifying the Employer in writing. The Employer will notify the Lodge, in writing, of any revocation. Section 2. The Employer will deduct only Lodge dues from the employee's paycheck and will not deduct initiation fees, special assessments, fines or any other deductions except for dues. In the event of an increase or decrease in Lodge dues, the Lodge will give the Employer thirty (30) days notice in order to allow the Employer to make the proper changes in its accounting records. No deductions will be made when the salary to be paid an employee is not sufficient to cover the amount deducted. Section 3. The Employer will provide the Lodge Secretary a detailed report showing all employees by name and deduction amount each pay period. Section 4. All deductions will be for the month in which they are taken. All deductions refundable at the time of termination or resignation will be refunded by the Lodge. The Employer shall not be responsible for errors. In case an error or improper deduction is made by the Employer, a proper adjustment of the same shall be made by the Lodge with the employee affected. Section 5. The Lodge shall indemnify, defend and hold the Employer harmless against any claims made and against any suits instituted against the Employer on account of payroll deduction of Lodge dues. Section 6. This service shall be provided at no expense to the Lodge or its members. 27 ARTICLE 19 CLASSIFICATIONS & PROMOTIONS Section 1. Classification and Promotions Process within the Owasso Police Department shall be as follows: A. Classifications 1. Senior Patrolman: Must be a certified police officer with at least five (5) years of experience with the Owasso Police Department who has obtained the achievement of intermediate certification through (CLEET) the Oklahoma Council on Law Enforcement Education Training. 2. Master Patrolman: Must be a certified police officer with at least seven (7) years of experience with the Owasso Police Department, who has obtained the achievement of advanced certification through (CLEET) the Oklahoma Council on Law Enforcement Education Training. B. Promotions Sergeant: Must be a certified police officer with at least sixty (60) credit hours from a regionally accredited college or university, or hired prior to July 2023, and have at least five (5) years of experience as a police officer with the City of Owasso immediately prior to testing. 2. Lieutenant: Must be a certified police officer with at least sixty (60) credit hours from a regionally accredited college or university, or hired prior to July 2023, and must be a Sergeant with at least two (2) years of experience in the rank with the Owasso Police Department immediately prior to testing. 3. Captain: Must be a certified police officer with at least sixty (60) credit hours from a regionally accredited college or university, or hired prior to July 2023, and must have at least seven (7) years of supervisory experience with the Owasso Police Department prior to testing. The City may, at its discretion, advertise for this position providing that all advertising for this position shall occur seven (7) days after the internal posting. FM ARTICLE 19 CLASSIFICATIONS & PROMOTIONS (continued) Section 2. Eligible applicants for the promotional examination shall participate in an Assessment Process and an interview with the Chief of Police. A. The Assessment Process shall measure the knowledge, skills, and abilities specific to the Owasso Police Department, and shall be mutually agreed upon by the City and the Lodge. Assessors will be chosen through the assessment process. B. For the rank of Sergeant and Lieutenant ranking shall be weighted 70% final Assessment Process score and 30% Chief's Interview score. C. For the rank of Captain, ranking shall be weighted 60% final Assessment Process score and 40% Chief s Interview score. Section 3. Upon completion of all testing it is agreed that the promotions shall be offered in the following manner for the listed position: A. Sergeant: The candidate with the highest score at the completion of testing. B. Lieutenant: The Chief of Police will select the Lieutenant from the top two candidates. C. Captain: The Chief of Police will select the Captain from the top two candidates. Section 4. The promotional examination will be valid for one (1) year from the date the Assessment Process and Chiefs Interview scores are posted. The Promotional Eligibility List will be signed and dated by both the Chief of Police and the FOP President. Any vacancies occurring during that year will be filled by the qualified candidates on the eligibility list. Section 5. One representative from the Bargaining Unit and one representative from the Owasso City Management shall be present throughout each testing portion of the process to evaluate the process and recommend any future changes to the process. Section 6. Employees with disciplinary suspensions without pay exceeding sixty (60) consecutive days shall not be eligible to apply for a promotion for one (1) year from the date of discipline. Employees with disciplinary demotion shall not be eligible to apply for a promotion for two (2) years from the date of discipline. Section 7. Employees with disciplinary suspensions without pay exceeding sixty (60) consecutive days or a disciplinary demotion shall be removed from any current promotional eligibility lists. 29 ARTICLE 20 VACATION Section 1. Employees within the bargaining unit shall receive paid vacation in accordance with the following, to -wit: Years of Employment Vacation Leave Method of Accumulation Maximum Accumulation 1-4 96 hours 3.70 hours /pay period 260 hours 5-9 120 hours 4.62 hours /pay period 296 hours 10-14 144 hours 5.54 hours /pay period 356 hours 15-19 168 hours 6.47 hours /pay period 404 hours 20-24 192 hours 7.39 hours /pay period 452 hours 25 and over 216 hours 8.31 hours /pay period 500 hours Section 2. Accumulation. The employee of the bargaining unit shall be allowed to accumulate unused vacation leave for use in following years to the extent set forth in the chart above. Section 3. In the event a request to use vacation leave is denied and such denial results in the loss of further accruals, the officer having been denied the use of vacation leave shall be compensated in salary an amount equal to his regular rate of pay times the amount of accruals lost. 30 ARTICLE 21 HOLIDAY PAY Section 1. Compensation. Each employee of the bargaining unit shall receive as, and for, holiday pay the sum of ninety -six (96) hours times such employee's regular rate of pay. Such holiday pay shall be paid in two (2) separate checks or warrants of forty -eight (48) hours on the first paydate in the month of December, and forty -eight (48) hours on the first paydate in the month of June of the current fiscal year. Those employees of the bargaining unit scheduled to work and actually having worked on a holiday shall, in addition to the holiday pay above referenced, receive such employee's regular straight time pay for such day worked. Section 2. Prorated Pay. For those employees who are not employed for the entire six - month period prior to the aforementioned first paydate in the month of December or the first paydate in the month of June, holiday pay will be calculated using the number of months employed divided by 6 months (the "holiday pay" period) multiplied by forty -eight (48) hours (as stipulated by contract). Section 3. Each employee of the bargaining unit shall have the option of receiving forty - eight (48) hours payable in June and forty -eight (48) hours payable in December as leave time in lieu of the holiday pay check in June and /or December. If elected, this leave time will be added to the employee's vacation balance. 31 ARTICLE 22 SICK LEAVE Section 1. Sick leave may be taken when an employee is unable to perform his duties because of personal illness, off-the-job injury or for necessary care and attendance of a member of the employee's immediate household or when an employee might expose or jeopardize the health of others. Employees may elect to have such time off deducted from personal compensatory time reserves in lieu of sick time at the discretion of the employee. Emergency Dispatch must be notified at least one (1) hour prior to starting time. An employee may be subject to disciplinary action for failure to notify Emergency Dispatch of absence. Section 2. Accrual of Sick Leave. Each member of the bargaining unit shall accrue sick leave at the rate of 4.27 hours each pay period. Each employee of the bargaining unit shall be allowed to accumulate a maximum of 1105 hours of sick leave. Section 3. Doctor's Certificate. If an employee is ill for three (3) consecutive days, the employee shall, upon request and at the City's expense, furnish a doctor's certificate as a condition precedent to being granted sick leave. The certificate shall certify that the employee was unable to work due to illness or injury to self or immediate family member and verify the employee's fitness for return to work. The doctor must be an in- network doctor based on the current health plan. Section 4. Misuse of Sick Leave. Any employee who misuses the sick leave privilege may be dismissed as well as be denied pay for the day. Section 5. Pregnancy. Pregnancy shall be treated as any other condition in regard to sick time. However, for an employee engaged in hazardous or emergency services, a doctor's certificate shall be required after the sixth month and each month thereafter for the duration of the pregnancy, stating the employee's ability to continue her regular duties without limiting her performance. Section 6. Emergency Leave. In the event of death, serious injury, serious or contagious illness in an employee's immediate family, the employee shall be granted emergency leave. This emergency leave shall be a leave with pay, but shall be charged to either sick leave, vacation leave, or compensatory time at the discretion of the employee. Section 7. Immediate family as utilized in the sick leave and emergency leave provisions above stated shall be understood to mean husband or wife, father or mother of employee or spouse, sister or brother of employee or spouse, grandparents of employee or spouse, children or legally adopted children of husband or wife or both, and foster children placed in the home through DHS. Any other person whose relationship could justify the employee's absence may require special approval by the Chief of Police. 32 ARTICLE 22 SICK LEAVE (continued) Section 8. An employee upon retirement shall be paid an amount equal to fifteen percent (15 %) of their accrued sick leave calculated at the employee's rate of pay at the time of disbursement. An employee may instead convert fifteen percent (15 %) of their accrued sick leave to terminal leave. In order to be eligible for this benefit the employee must provide the City sufficient notice of pending retirement and election option. Said notice to be not less than ninety (90) days prior to expected date of retirement. Section 9. In the event of the death of the employee, said employee's beneficiary shall receive payment equal to one hundred percent (100 %) of the employee's accrued sick leave. 33 ARTICLE 23 WORK SCHEDULE Section 1. There is hereby designated by the employer a regular fourteen- (14) day work period for all employees which will consist of eighty -five- and one -half hours (85 %2). Section 2. The Patrol Division of the Owasso Police Department will be organized into two squads and each squad into two shifts to work scheduled hours each work period as follows: Squad One / Shift One (Day Shift) Week 1: Scheduled Work Hours 0700 to 1900 Sunday, Monday, Tuesday, Wednesday Scheduled Days Off Thursday, Friday, Saturday Week 2: Scheduled Work Hours 0700 to 1900 Sunday, Monday, Tuesday Scheduled Days Off Wednesday, Thursday, Friday, Saturday Squad One / Shift Two (Night Shift) Week 1: Scheduled Work Hours 1900 to 0700 Sunday, Monday, Tuesday, Saturday Scheduled Days Off Wednesday, Thursday, Friday Week 2: Scheduled Work Hours 1900 to 0700 Sunday, Monday, Tuesday Scheduled Days Off Wednesday, Thursday, Friday, Saturday Squad Two / Shift One (Day Shift) Week 1: Scheduled Work Hours 0700 to 1900 Thursday, Friday, Saturday Scheduled Days Off Sunday, Monday, Tuesday, Wednesday Week 2: Scheduled Work Hours 0700 to 1900 Wednesday, Thursday, Friday, Saturday Scheduled Days Off Sunday, Monday, Tuesday Squad Two / Shift Two (Night Shift) Week 1: Scheduled Work Hours 1900 to 0700 Wednesday, Thursday, Friday Scheduled Days Off Sunday, Monday, Tuesday, Saturday Week 2: Scheduled Work Hours 1900 to 0700 Wednesday, Thursday, Friday, Saturday Scheduled Days Off Sunday, Monday, Tuesday Section 3. There shall be one and one half (1.5) hours per fourteen (14) day work period that may be utilized as briefing time for the Patrol Division. Said briefing time shall be contiguous with the regular scheduled work hours, as scheduled by the Chief of Police. If the one and one half (1.5) hours per fourteen (14) day work period is not utilized for shift briefings, it is the responsibility of each officer to work the one and one half (1.5) hours during the two -week work period contiguous with the regular schedule work hours. The one and one half (1.5) are to be recorded on the date(s) actually worked. 34 ARTICLE 23 WORK SCHEDULE (continued) Section 3. The following exemptions shall apply to the work period criteria provided for in this article. Under no circumstances are any exemptions, other than those specifically designated in this section of this article, allowable under this agreement. A. Employees, upon approval by the Chief of Police, shall be allowed to trade a shift or partial shift with another employee as provided for by F.L.S.A. B. Any employee requesting training opportunities may request and be granted, by the Chief of Police, a change in their regular days off and /or work hours in order to attend such training opportunities. C. Detectives may, solely at their request, alter their work hours and /or work days, upon approval by the Chief of Police, due specifically to case load and /or investigative necessity. This does not include coverage for absent officers. D. Trainees, while in Field Training Program, may be required to change shift hours and days off to accommodate such training schedule. E. Captains may, solely at their request, alter their work hours and /or work days, upon approval by the Chief of Police, due to assigned case load or operational demands of the department as determined by the Chief of Police. This does not include coverage for absent officers. F. School Resource Officers /Sergeants will work a schedule that begins seven (7) days before the first day of the school year through seven (7) days past the last day of the school year as established by the Owasso Public Schools. During the Summer, when school is not in session, School Resource Officers /Sergeants have the option to remain on their current schedule or can be assigned to a current day shift at the discretion of the Chief of Police with minimum of 30 days' notice. Once assigned, the School Resource Officer's Sergeants shift will not change during the summer break. Section 4. Any hours worked in excess of eighty -five and one half (85 1/2) hours per work period or any time worked in excess of the herein designated work week shall be compensated at the rate equal to one and one -half (1 1/2) times the employee's regular hourly rate of pay or compensatory time at the same rate. It is agreed that an employee will not be required to take off from the regular working hours to avoid overtime compensation or compensatory time. A. Other than exceptions noted in B and C, the type of compensation will be at the sole discretion of the Officer. B. If an Officer accrues more than 240 hours of compensatory time, the manner of compensation shall be at the discretion of the Chief of Police until such time that the Officer's accrued compensatory time balance falls below 240 hours. C. For voluntary assignments and voluntary training, the manner of compensation shall be at the discretion of the Chief of Police. 35 ARTICLE 23 WORK SCHEDULE (continued) Section 5. If an employee is called back from scheduled time off, hours worked will be compensated at one and one -half (1 1/2) times the employee's regular hourly rate of pay or compensatory time at the same rate. The type of compensation will be at the sole discretion of the Officer. Employees shall be guaranteed a minimum of two (2) hours pay at a rate of one and one -half (1 1/2) times their regular hourly rate of pay anytime the employee is called in to work other than regularly scheduled work hours, as well as, any officer being placed in an "on- call" status by the courts. However, should an officer be required to report to court such officer shall be compensated according to the above, and would not be eligible for the two hours "on- call" compensation. If an officer accrues more than 240 hours of compensatory time, the manner of compensation shall be at the discretion of the Chief of Police until such time that the Officer's accrued compensatory time balance falls below 240 hours. Section 6. For computation of employee work hours, all vacation leave and compensatory time will be considered time actually worked. 36 ARTICLE 24 Section 1. As used herein, the term Seniority shall refer to, and be defined as, the continuous length of service within the Owasso Police Department, or for those employees who hold rank and /or classification, the continuous length of service within rank and /or classification within the Owasso Police Department. Seniority for employees with the same hire dates shall be determined by random selection. Seniority for employees with the same promotion date shall be determined by the highest promotional score at the completion of testing. The classification of Senior Patrolman and Master Patrolman have rank parity with Patrolman, such classifications are an indication of a level of experience with the department and education as established by the Oklahoma Council on Law Enforcement Education and Training, not an indication of seniority. Section 2. Seniority lists shall be established and updated by the lodge as of first day of July of each fiscal year, and such shall remain unchanged but for circumstances hereinafter set forth. Section 3. After the effective date of this Agreement, seniority for employees hired or rehired shall commence on the date of hire or rehire. Section 4. Except where impractical due to skill levels of employees, or experience of employees, or where specific working conditions, or assignment to specialty unit(s) exist which would preclude certain employees from working specific shifts, and considering required manning levels, seniority will be the dominate factor to be considered by the Chief of Police, or his /her designated representative, in reaching the following determinations, to -wit: A. Squad /Shift assignment; provided however that general shift change assignments shall occur only one (1) time per year, which shall occur on the beginning of the first pay period of each calendar year. 1. In the event of a mid -year promotion(s) a mid -year shift bid shall occur, unless mutually agreed upon between the Chief of Police and the Lodge to delay the shift bid. B. Assignment to Specialty Unit(s): Canine Officers and School Resource Officers will be in a separate squad /shift bid excluded from the Patrol division squad /shift bid assignment, based on seniority within the unit. If more than one officer is selected at the same time, seniority will be based on the ranking in the testing process. However, supervisors who are also designated as a Canine Officer will continue to participate in the Supervisor squad /shift bid assignment. C. Assignment to Specialty Unit(s): Officers newly assigned to the Detective Division will not be eligible to participate in a squad /shift bid assignment for two years from the date of assignment to the Detective division. 37 ARTICLE 24 SENIORITY (continued) D. Granting of vacation leaves requested sixty (60) days in advance; vacation leaves requested at least sixty (60) days in advance shall require written approval or denial with explanation, within forty -eight (48) hours of expiration of sixty (60) day limit. Those requests for vacation leave not made sixty (60) days in advance shall be granted on a first- come -first -serve basis with written approval or denial with explanation provided to employee within forty -eight (48) hours of submission of vacation request. Vacation shall not be requested more than one hundred and eighty days (180) days in advance. It is agreed that the Chief of Police, or his /her designated representative, will make every effort to approve requested time off as submitted, in whole. E. Scheduling of comp time cannot be more than one hundred and eighty days (180) days in advance and not less than two (2) days in advance unless such request does not place the shift below minimum manning, or does not unduly disrupt the department. Section 5. In the event of a reduction in force, employees shall be laid off in the reverse order of seniority. Employees shall be recalled from layoff status by seniority to be determined from the original date of hire. Recall rights shall be preserved for a period of eighteen (18) months from the date of layoff. Notice of recall shall be mailed by certified mail to employees to their last place of residence shown on Employer's personnel records, as well as written notice shall be given on the same date to the Lodge President or his designated representative. Any employee who fails to report for duty within thirty (30) working days following receipt of notice of recall or within thirty (30) working days following attempted delivery of such notice or the same is unclaimed or otherwise not actually received, shall be deemed as having permanently terminated his employment. Section 6. The provisions of this Article shall be construed to encompass all seniority rights in existence on the effective date of this Agreement. tCF] ARTICLE 25 RETIREMENT AND PENSION Section 1. For those Employees who are members of the Oklahoma Police Pension and Retirement System the Employer shall appropriate funds for the use and benefit of the System, as provided by Oklahoma Statutes, Title 11, ss 50 -109. Section 2. The Employer -paid four percent (4 %) of each Employee's required eight percent (8 %) contribution toward the Oklahoma Police Pension and Retirement System previously provided for in Article 25 is included in the base pay provided in Article 33 as of the 2013 -2014 contract year. 39 ARTICLE 26 INSURANCE Section 1. Each employee of the bargaining unit shall receive the same insurance benefit package that is provided to other City employees, including but not limited to: A - Hospitalization B - Medical C - Vision D - Dental E - Life The carriers of the preceding types of insurance will be determined by the Employer. All costs for Employee insurance coverage and annual biometrics screenings will be paid by the Employer. Should a member of the bargaining unit elect not to participate in the annual biometrics screening coordinated by the Employer, such Employee shall be charged $25 per month for Medical Insurance. Members of the bargaining unit may elect, if applicable, dependent coverage for all of the above listed insurance, the cost for dependant coverage will be paid the same as is provided for other City employees. Section 2. The employer will pay to the Lodge the sum of $3.50 per month for each employee in the bargaining unit who is a policy holder of the Fraternal Order of Police Legal Defense Plan for the purpose of applying toward the premium costs of the same. (It is understood this is "additional" funding for legal defense insurance only and not assignable or re- assignable to or for any other purpose.) Section 3. The Lodge agrees to provide the City a copy of invoices from the insurer and a roster of members of the bargaining unit who are enrolled in the Fraternal Order of Police Legal Defense Plan by the fifth (5th) day of the month for the purposes of calculating the amount due the Lodge. .m ARTICLE 27 UNIFORM AND EQUIPMENT Section 1. The employer shall pay each member of the bargaining unit a clothing /uniform and equipment allowance in the amount of Twelve Hundred Dollars ($1200). Payment shall be made in two equal payments of Six Hundred Dollars, the first on the first paydate in July and the second on the first paydate in November. The Employer shall pay a prorated uniform allowance to each member of the bargaining unit upon the completion of his /her one -year of service. Such prorated uniform allowance shall be based upon the amount of uniform allowance designated herein Section 1 and the number of months remaining until the next payment date. Section 2. The Employer shall provide for cleaning of uniforms. The Employer shall also provide for cleaning of clothing utilized by detectives in the performance of their duties. Such cleaning shall be arranged for in such manner as to assure a local depository /pick -up in the event of servicing outside the municipality which is in the Employers discretion. Section 3. The Employer shall provide for all new members of the Police Department a complete issue of new uniforms and new or like new equipment, to include the following: A. four (4) uniform shirts, short sleeve: B. four (4) uniform shirts, long sleeve; C. four (4) five auniform trousers; D. all leather gear; E. two (2) pairs handcuffs; F. two (2) badges; G. one (1) police style rechargeable flashlight; H. one (1) bullet resistant vest; I. one (1) all weather jacket; J. inclement weather gear; K. one (1) box of ammunition as specified in Section 4 of this article; L. one (1) department issued hat; M. one (1) expandable baton; N. one (1) canister of defensive chemical spray; O. two (2) pairs of collar brass; P. two (2) metal name tags; Q. one (1) police equipment bag; R. true (2) one 1 metal report folders; S. twe (2) one 1 metal citation folders; T. all nylon duty gear; U. one (1) outer carrier for bullet resistant vest; V. one (1) department issued handgun with four (4) magazines; 41 ARTICLE 27 UNIFORM AND EQUIPMENT (continued) W. and any other uniform or equipment that is required, including but not limited to special clothing and equipment necessary for K9 Officer, Motorcycle Officer and other specialized assignments. X. Employees hired after July 1, 2023 will have the option to be issued a Red Dot System for department issued handgun. Section 4. Since employees are required to carry and use only approved ammunition, the Employer shall, during the term hereof, provide each employee one- hundred (100) rounds of Employer- approved hand -gun ammunition, same to be utilized only in the course of duty. Those employees who have qualified annually with department issued or department approved shotguns, such employees shall receive twenty (20) rounds shot -gun shells consisting of ten (10) rounds #00 buckshot and ten (10) rifled slugs. To those employees who have qualified annually with department issued or department approved rifles, such employees shall receive one hundred - twenty (120) rounds of ammunition. The Employer- approved duty ammunition shall be issued once a year to each employee, on or before December 15th. Section 5. The Employer shall provide each member of the bargaining unit a bullet- resistant vest of a design approved by the Chief with input from the Health and Safety Committee. Such vest shall be maintained by the Employer at no cost to the employee and shall be replaced in accordance with manufacturer's recommended replacement schedule. At the request of the employee a new outer carrier will be provided at the same time the bullet- resistant vest is replaced. This item of safety shall be the sole property of the City of Owasso. However, upon request, the bullet- resistant vest shall become the property of the employee at retirement. In no case shall an employee be denied a replacement vest in the event the one in current use exceeds the manufacturer's suggested replacement schedule or becomes damaged. An individual employee may choose to purchase a bullet resistant vest of a make or model different from that selected by the Employer for issue. In the event such a selection is made, the Employer shall pay a portion of the cost equal to the cost of the vest issued by the Employer, provided, however, that such vest shall become the sole property of the Employer requiring no reimbursement whatsoever for a period of one year from date of purchase. However, upon request, the bullet - resistant vest shall become the property of the employee at retirement. Bullet - resistant vests that exceed the manufacturer's suggested replacement schedule shall become the property of the employee. External hard plate carrier and plates shall be the sole property of the City of Owasso, and shall not become the property of the employee under any circumstance. 42 ARTICLE 27 UNIFORM AND EQUIPMENT (continued) Section 6. Once an employee completes his /her initial probationary period, the following items shall become the sole property of that individual officer: Four (4) uniform shirts, short sleeve; Four (4) uniform shirts, long sleeve; Few (4) Five 5 uniform trousers; One (1) department issued hat; Two (2) pairs collar brass; One (1) whistle chain; One (1) whistle Two (2) metal name tags The City shall be responsible for the repair and replacement of uniforms and equipment listed in Section 3, but not normal wear and tear of uniforms and equipment listed in Section 6. Section 7. Members of the bargaining unit with ten (10) years of service and an honorable discharge will be allowed to keep all badges that include the officer's badge number and department issued handgun. Section S. For appearance and safety reasons members of the bargaining unit shall not wear jewelry while on duty, with the exception of a wedding ring and a watch. Jewelry worn underneath the uniform that is not visible will be allowed. 43 ARTICLE 28 PERSONAL PROPERTY Section 1. The intent of Article 28 is to establish parameters for the City to replace personal property that is legitimately damaged while performing unavoidable work duties. The City shall not fund replacing personal property damaged, destroyed, lost or stolen while on duty due to gross negligence. Section 2. The Employer shall repair, replace, or reimburse employee at Employer's expense, employee's personal property which is damaged, destroyed, lost or stolen, ordinary wear and tear excepted, while on duty unless it is shown by the Employer that the employee was negligent in incurring loss or damage to the personal property of employee. The maximum expense the Employer shall have by virtue to this Article shall be limited to $3,500 per officer, per incident. Watches, laptops and mobile technology (excluding phones) are limited to $200 per item per incident. Mobile phones are limited to $1,000 per incident. To be eligible for coverage phones must be kept in a protective case. Said expense shall not include the cost of an officer's personal weapons that may need to be repaired or replaced. Section 3. In order to be eligible for repair, replacement, or reimbursement, all items of personal property must be on an inventory list which shall be maintained by the Chief of Police. Inventory lists including an estimate of value of each item shall be updated twice per year (July 15 and January 15). An employee may add to or delete from the list at any time. The total value of the items listed on the inventory shall not exceed $3,500, except by approval of the Chief of Police. Officer owned weapons shall be listed on the inventory list, but the weapons value shall not be counted toward the $3,500 maximum value. Weapons that may be carried on duty are those that are approved by policy. Clothing items that are worn on duty will be recognized as the uniform of the day and will not have to be listed on the inventory, in order to be covered. Section 4. When repair, replacement or reimbursement is requested, such request shall be accompanied by a report specifying the incident or actions surrounding the damage or loss. If damaged and recoverable, the employee shall present the damaged article to the Employer for inspection. If replaced, the salvaged item(s) shall become the property of the City of Owasso. Section 5. Repair, replacement or reimbursement will be at the employer's sole discretion, and will not include items covered by individual's personal insurance. 44 ARTICLE 29 TEMPORARY ASSIGNMENT Section 1. Any employee assigned additional supervisory duties not consistent with the normal duties of their rank for any period of time, shall receive a temporary increase in pay for the period of time such "acting" assignment is in effect. Temporary Assignment does not apply to the Detective division or School Resource Officer division, unless there is a vacancy, in which temporary assignment will be paid based on seniority within the unit. Section 2. The amount of pay shall be consistent with the position and duties to be performed, but shall not necessarily be equal to the pay received by the absent employee. Such temporary pay increase shall be consistent with the adopted pay schedule guideline. Section 3. When a Lieutenant in charge of a shift is gone because of vacation leave or compensatory time leave, the Sergeant on the shift will assume command of the shift without being considered working under "temporary assignment" and will not receive "temporary assignment" pay. Section 4. In the event the Lieutenant in charge of a shift is gone for any reason, for a period of thirty (30) calendar days or more the Senior Sergeant on the shift shall receive a temporary increase in pay for such time "acting" assignment is in effect beginning on the thirty -first (31) consecutive day of the Lieutenant's absence. The amount of pay shall be consistent with Lieutenant's pay and the adopted pay schedule guidelines, but shall not necessarily be equal to the pay received by the absent employee. In the event the Lieutenant in charge of a shift is on light duty and working regular shift assignment, for a period of thirty (30) calendar days or more, including consecutive days of absences, the Sergeant on the shift shall receive a five percent (5 %) increase in pay on the thirty -first (3 1) consecutive day. Section 5. Employees with less than five (5) years of experience with the Owasso Police Department shall not be eligible for "temporary assignment ". Section 6. Employees with disciplinary suspensions without pay exceeding sixty (60) consecutive hours shall not be eligible for "temporary assignment" for one (1) year from the date of discipline. Employees with disciplinary demotion shall not be eligible for "temporary assignment" for two (2) years from the date of discipline. Section 7. Employees designated as Field Training officers shall be compensated two (2) compensatory or overtime hours per day when performing field training duties. 45 ARTICLE 30 EDUCATION INCENTIVE Section 1. Tuition Reimbursement, The Employer shall pay tuition costs, under the limitations hereinafter set forth in this Article, for required or elective courses leading to a Bachelor's degree. A. The tuition herein provided shall not exceed the tuition cost for comprehensive universities and colleges as established by the Oklahoma State Regents for Higher Education. B. Course(s) on which reimbursement will be requested must be part of a Degree plan and must be approved by the Chief of Police prior to enrollment. If reimbursement is being sought for a Master's Degree or beyond, approval of the City Manager or his /her designee must be obtained prior to enrollment and must be in a law enforcement related field. C. Employees must receive at least a 2.0 on a 4.0 scale or a minimum of a "C" grade on a letter grade scale in each course. Failure to maintain a "C" grade in a course will result in non - payment of tuition for those hours. D. Upon verification of satisfactory completion of the course, reimbursement for the tuition shall be made to the employee. Section 2. College Education Compensation. Each member of the bargaining unit is entitled to receive additional compensation for college level education accomplishments in a law enforcement related field as follows: A. Any employee may request pay in the amount of One Dollar ($1.00) per month per credit hour for successfully completed college credit hours to a maximum of seventy -five hours. B. Any employee holding an Associate Degree shall be paid One Hundred Dollars ($100.00) per month in addition to the employee's base pay. C. Any employee holding a Bachelor's Degree shall be paid One Hundred and Twenty -Five Dollars ($125.00) per month in addition to the employee's base pay. D. Any employee holding a Graduate Degree shall be paid One Hundred and Fifty Dollars ($150.00) per month in addition to the Employee's base pay. ARTICLE 30 EDUCATION INCENTIVE (continued) E. Payment for college hours shall be based on the following criteria: 1. Employee must receive at least a 2.0 grade point average on a 4.0 scale or a minimum of a "C" grade on a letter grade scale. 2. A copy of the transcript must accompany each request and any request for increasing such pay. 3. Payment for course hours will be allowed if justification is given indicating such hours were required to pursue a Degree (i.e. college handbook outlining degree prerequisites and electives). F. An officer holding multiple degrees shall only receive the compensation identified for the highest single degree for which the officer qualifies. 47 ARTICLE 31 LONGEVITY PAY Section 1. Employer shall pay each employee covered by this agreement longevity pay. Longevity pay shall commence on the employee's fifth employment anniversary, at the rate of $.25 per hour. On the employee's sixth employment anniversary the employee's longevity pay shall increase to the rate of $.60 per hour, and the employee shall receive a further increase of $.10 per hour each year thereafter. 48 ARTICLE 32 DETECTIVE "ON- CALL" PAY Section 1. A minimum of one detective shall be placed on an "on- call" rotation schedule. "On- call" shall be deemed to mean the following: A. The employee is free to go or remain at any location of the employee's own choosing, so long as the employee can call -in within ten (10) minutes of receiving a call to work, and as long as the employee can respond to the requested location within one (1) hour of receiving a call to work; B. The employee is free to use the waiting time for any personal matters the employee chooses; C. The employee must remain sober while on -call; D. The employee must leave a telephone number with dispatch, where the employee who is on -call can be reached if needed. E. The Chief of Police will establish a bi- annual on -call rotation schedule. Section 2. While "on- call" Detectives shall receive "on call" compensation in the amount of two (2) compensatory time or overtime hours per day. If an "on- call" detective fails to respond to the requested location within one hour of being called, on more than one occasion during a contract year, the "on- call" compensation shall be forfeited for that day. "On call" pay will be payable with normal payroll cycles. ARTICLE 33 COMPENSATION Section 1. There is created for pay purposes, a standard "Police Department Pay Plan." For the purpose of this Labor Agreement, effective July 1, 2022 2023 each employee of the bargaining unit shall receive compensation based on the "Police Department Pay Plan A" included in this agreement according to the employee's range and step as of June 30,242-2 2023. Employees hired under experienced based pay will be placed in the appropriate pay plan according to the years of service compensation is based on. A. New hires shall begin at Entry Level except when the new Officer is already a State Certified Peace Officer with prior law enforcement experience as a State Certified Peace Officer at another law enforcement agency within this State or otherwise. Should a State Certified Peace Officer with experience at another law enforcement agency be hired, the Chief of Police shall conduct a review of the individual's qualifications and experience and determine the appropriate entry-level salary within Range 1. No Officer shall be brought in at a step higher than Step E. New hire placement at a step other than entry level will only affect the employee's advancement on the Police Department Pay Plan. B. Pay Plan Advancement for current Officers and Officers hired at Entry Level. Upon completion of the one year of service, all Police Officers shall advance to Range I, Step A. Thereafter Officers shall advance one step each year of service effective on the employment anniversary date of the employee. Step advancements will automatic throughout the term of this agreement. C. Pay Plan Advancement for Officers hired at a Step other than Entry Level. Officers shall advance one step per year of service effective on the employment anniversary date of the employee. Step advancements will be automatic throughout the term of this agreement. Section 2. In cases of transfer and/or promotion, the employee will advance to the same pay step in the appropriate range for his new-job classification after which the employee shall continue to advance in the Pay Plan, according to Section B and Section C, effective on the employment anniversary date of the employee. Section 3. The following job classifications shall be compensated at the rate specified in the "Police Department Pay Plan" as follows: Officer Range 1 Sergeant Range 2 Lieutenant Range 3 Captain Range 4 50 'Police Department Pay Plan X Effective July 1, 2022 Entry A B c D E F G H I J K 'Pay scale may not correlate with actual years of service Police Deaprtrnent Pay Plan Effective July 1, 2023 51 Entry A B C D E F G H I J K Level (1 year)` (2 year)' (3 year)* (4 year)* (5 year)' (6 year)` (7 year (6 year)` (9 year)" (10 year)` (11 year)* Patrol 24.88 25.87 26.89 27.99 29.12 30.28 31.50 32.76 34.09 35.45 36.87 38.36 Sergeant 30.21 31.43 32.69 34.00 35.36 36.78 38.26 39.79 41.38 Lieutenant 34.23 35.60 37.02 38.51 40.06 41.65 43.33 45.06 Captain 38.82 40.37 41.99 43.68 45.42 47.24 49.13 'Pay scale may not correlate with adual years of service 51 ARTICLE 34 DRUG & ALCOHOL TESTING The Lodge and the City recognize the need to conform to the Oklahoma Standards for Workplace Drug and Alcohol Testing Act, 40 O.S. Section 551 et seq. and the need to maintain a safe work environment free from hazards of drugs or alcohol for the safety of both Police personnel and the citizens. Therefore, both parties agree that drug and alcohol testing shall be administered in accordance with the Oklahoma Standards for Workplace Drug and Alcohol Testing policy within the City of Owasso's Personnel Manual. 52 ARTICLE 35 WELLNESS PROGRAM Section 1. It is the intent of this article to enter into an agreement between the Fraternal Order of Police Lodge #149 and the City of Owasso to implement a Wellness Program that will improve the fitness standards within the Police Department. The Lodge and City agree that increased fitness standards will lower the incidents of on the job injury as well as the use of sick leave. Section 2. The City agrees to pay a per month program fee of up to Fifteen ($15.00) dollars for each member of the bargaining unit who signs up to participate in a voluntary fitness program. The voluntary fitness program will be available for sign -up twice a year, between June I" and June 30'h and December 1't and December 3151 of each year. Members are responsible for providing proof of participation that documents participation the physical fitness program of their choice at least once within any seven (7) day period, excluding time used for vacation or extended sick leave. Participating members must agree to allow the fitness facility to release individual goals, progress and participation dates to the employer on a monthly basis. Participating members working out while not on duty are not covered by Worker's Compensation. Should a participating member not take part in his /her physical fitness program at least once within any seven (7) day period, excluding time used for vacation or extended sick leave, that member shall not be eligible for that month's reimbursement. Section 3. Reimbursements shall be made through payroll applicable taxes will be withheld. In order to be eligible for the quarterly reimbursement members must provide proof of participation by the 15th of the month following the end of each calendar quarter. • July /August/September proof of participation due by October 15th • October/November/December proof of participation due by January 15th • January /February/March proof of participation due by April 15th • April/May /June proof of participation due by July 15th 53 ARTICLE 35 WELLNESS PROGRAM (continued) Section 4. This section provides an incentive to Owasso Police Officers to actively participate in a voluntary Physical Fitness Program. The program will utilize the Cooper's Fitness Test. The test involves five (5) categories that measure varied aspects of fitness utilized in the performance of Police duties. Each category provides ways for the Officer to accumulate points which are calculated to determine eligibility for the incentive award. Members of the Bargaining Unit who voluntarily participate in the Physical Fitness Program and test in at least three categories will be credited with two comp hours. 1. The Cooper Fitness Test will be administered bi- annually in October and April. The points will be calculated from five (5) categories with point values based on the Cooper Fitness Test. The points and record forms will be maintained by a designated OPD Fitness Coordinator selected by the Chief of Police. The forms will be agreed upon by the Lodge and Chief of Police. 2. The incentive program involves an awards program with three categories. The categories are "Gold Award" which requires 40 points, the "Silver Award" which requires 35 points and the "Bronze Award" which requires 30 points. A. The "Gold Award" = sixteen (16) vacation hours, the "Silver Award" = ten (10) vacation hours and the "Bronze Award" = six (6) vacation hours. 54 ARTICLE 36 SHIFT DIFFERENTIAL The City will establish a shift differential pay to all officers that have bid to work "Shift Two" (Night Shift). The amount will be an additional $0.50 ts) $1.00 (one dollar), added to the base rate of officers assigned to "Shift Two' (Night Shift). 55 In Witness Whereof, the parties have hereunto subscribed their names this 6th day of June, 2023. ATTEST: Juliann M Stevens, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney In CITY OF OWASSO, OKLAHOMA A Municipal Corporation Kelly Lewis, Mayor FRATERNAL ORDER OF POLICE Lodge #149 FOP President By: FOP Secretary 56 CITY OF OwASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 05120/23 Department Payroll Expenses Total Expenses 105 Municipal Court 6,361.28 9,952.32 110 Managerial 26,961.79 37,017.03 120 Finance 20,456.58 31,243.13 130 Human Resources 11,983.86 17,957.83 160 Community Development 20,557.00 30,998.62 170 Engineering 21,731.76 33,148.91 175 Information Systems 19,680.43 27,683.58 181 Support Services 14,474.41 21,516.36 190 Cemetery 674.40 2,066.80 201 Police Grant Overtime 648.55 657.01 215 Central Dispatch 2,774.56 4,084.72 221 Animal Control 5,586.75 7,918.81 280 Emergency Preparedness 2,627.02 3,627.78 370 Stormwater /ROW Maint. 8,162.45 13,199.17 515 Park Maintenance 10,794.62 16,890.72 520 Culture /Recreation 9,526.20 15,117.55 550 Community- Senior Center 8,026.33 10,568.66 580 Historical Museum 832.40 929.37 720 Strong Neighborhood 420.00 517.98 General Fund Total 192,280.39 285,096.35 185 Garage Fund Total 8,721.76 14 590.92 255 Ambulance Fund Total 553.85 618.38 215 E911 Communication 27,228.10 41,618.77 250 Fire Fund 37 Total 219,916.88 333,011.80 201 Police Fund 38 Total 210,084.46 314,486.72 300 Streets Fund 39 Total 22,362.74 39,301.18 370 Stormwater Fund 27 Total 5,314.80 8,977.54 150 Worker's Compensation Total 3,461.90 4,096.20 720 Strong Neighborhoods Total 4,589.25 6,506.76 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 5131 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE ADMIN FEES STOP LOSS HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE ADMIN FEES DENTAL DEPT TOTAL VSP ADMIN FEES VISION DEPT TOTAL AMOUNT 64,766.84 35,077.23 86,070.56 35,886.57 83,803.12 14,973.12 95,875.20 416,452.64 9,306.85 6,648.40 0.00 15,955.25 61.99 81.99 HEALTHCARE SELF INSURANCE FUND TOTAL 432,489.88 SECTION 00600 CHANGE ORDER PROJECT: Recycle Center Expansion CHANGE ORDER NUMBER: 1 CONTRACT DATE: March 7, 2023 DATE: May 10, 2023 TO CONTRACTOR: Daris Contractors CONTRACT FOR: Recycle Center Expansion The Contract is changed as follows: Modification to a section of the existing 8" sewer (Clay tile to PVC) and addition of a lamphole. Cost $1,1610.42 No additional money is requested as Project Allowance will be utilized for payment of this pay item. Not valid until signed by the Ownei• and Couh•actor The original Contract Stan was $ 892,597.00 Net change by previously authorized Change Orders $ $0 The Contract Sum prior to this Change Order was $ 892,597.00 The Contract Sum will be (increased) (decreased) (unchanged) by this Change Order in the estimated amount of $ 0 The new Contract Sum including this Change Order will be $ 892,597.00 The Contract Time will be (increased) (decreased) (unchanged) by LIB days. Tile date of Substantial Completion as of the date of this Change Order therefore is August 16, 2023. NOTE: This summary does not reflect changes in the Contract Sum Time which have been authorized by Construction Change Directive. Daris Contractors, LLC CONTRACTOR P.O. Box 897 ADDRESS Owasso, OK 74055 DATE May 10, 2023 City of Owasso OWNER 200 South Main ADDRESS Owasso Ok 74055 DATE SPECIAL PROVISIONS 0509 00900 - Page I of 4 SECTION 00600 CHANGE ORDER PROJECT: Recycle Center Expansion CHANGE ORDER NUMBER: 2 CONTRACT DATE: March 7, 2023 DATE: May 19, 2023 TO CONTRACTOR: Daris Contractors CONTRACT FOR: Recycle Center Expansion The Contract is changed as follows: Modification to bar for all concrete, see attached. Cost to add the bar is $8,362,65. No additional money is requested as Project Allowance will be utilized for payment of this pay item. Not valid until signed by the Owner and Contractor The original Conti-act Sum was $ 892,597.00 Net change by previously authorized Change Orders $ $0 The Contract Sum prior to this Change Order was $ 892,597.00 The Contract Sum will be (increased) (decreased) (unchanged) by this Change Order in the estimated amount of $ 0 The new Contract Sum including this Change Order will be $ 892,597.00 The Contract Time will be (increased) (decreased) (unchanged) by (-4_) days. The date of Substantial Completion as of the date of this Change Order therefore is August 20, 2023. NOTE: This summary does not reflect changes in the Contract Sum Time which have been authorized by Construction Change Directive. Daris Contractors, LLC CONTRACTOR P.O. Box 897 ADDRESS Owasso, OK 74055 BY Darrell Moorman DATE May 19. 2023 City of Owasso OWNER 200 South Main ADDRESS Owasso Olc 74055 DATE , 7 SPECIAL PROVISIONS 0509 00900 - Page I of 4 SECTION 00600 CHANGE ORDER PROJECT: Recycle Center Expansion CHANGE ORDER NUMBER: 3 CONTRACT DATE: March 7, 2023 DATE: May 31, 2023 TO CONTRACTOR: Daris Conti-actors CONTRACT FOR: Recycle Center Expansion The Contract is changed as follows: Addition of conduit and electrical boxes that will allow for security cameras that monitor recycle center (24hr drop oft). Additional conduit will also allow for cameras to monitor surrounding city facilities if needed. Lump sum cost $7,068.97. No additional money is requested as Project Allowance will be utilized for payment of this pay item. Not valid until signed by the Owner and Contractor The original Contract Sum was $ 892,597.00 Net change by previously authorized Change Orders $ $0 The Contract Sum prior to this Change Order was $ 892,597.00 The Contract Sum will be (increased) (decreased) (unchanged) by this Change Order in the estimated amount of $ 0 The new Contract Sum including this Change Order will be $ 892,597.00 The Contract Time will be (increased) (decreased) (unchanged) by days. The date of Substantial Completion as of the date of this Change Order therefore is August 22, 2023. NOTE: This summary does not reflect changes in the Contact Sum Time which have been authorized by Construction Change Directive. Daris Contractors CONTRACTOR BY DATE June 1, 2023 City of Owasso OWNER 200 South Main ADDRESS Owasso Ok 74055 BY DATE SPECIAL PROVISIONS 0509 00900 - Page i of 4 SECTION 00600 CHANGE ORDER PROJECT: 116 "' Widening Mingo to Garnett CONTRACT DATE: February 21, 2023 TO CONTRACTOR: Crossland Heavy CHANGE ORDER NUMBER: 1 DATE: May 31, 2023 CONTRACT FOR: 116 "' Widening Mingo to Garnett The Contract is changed as follows: Change order #1 allows for rental and usage of message boards to announce and inform citizens and drivers of upcoming road closures during this project. Cost per board is $46.75 per day per board used. Staff estimates 2 boards per day @ 50 days = $ 4675.00. No additional money is requested as Project Allowance will be utilized for change order. Not valid until signed by the Owner and Contractor The original Contract Sum was $ 17,387,000.00 Net change by previously authorized Change Orders $ $0 The Contract Sum prior to this Change Order was $ 17,387,000.00 this Change Order in the estimated amount of $ 0 The new Contract Sum including this Change Order will be $ 17,387,000.00 The Contract Time will be (increased) (decreased) (unchanged) by (_0_) days. The date of Substantial Completion as of the date of this Change Order therefore is July 8, 2024 NOTE: This summary does not reflect changes in the Contract Sum Time which have been authorized by Construction Change Directive. Crossland Heavy Contractors CONTRACTOR 14149 E. Admiral PI ADDRESS Tulsa, OK 74116 BY DATE 6/1/2023 City of Owasso OWNER 200 South Main ADDRESS Owasso Olc 74055 BY DATE SPFCIAL PROVISIONS 0509 00900 - Page 1 of 1