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HomeMy WebLinkAbout2023.07.18_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL Council Chambers Old Central Building 109 North Birch, Owasso, OK Tuesday, July 18, 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 - Reverend Blake Altman of Trinity Presbyterian Church JUL 14 2023 3. Flag Salute City Clerk's Office 4. Roll Call 5. Presentation of the Employee of the Quarter - Warren Lehr 6. Presentation of the Character Trait of Courage -Alvin Fruga, Owasso Character Council 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 - July 11, 2023, Regular Meeting B. Approve claims C. Approve deferred retirement benefits for Joseph Dietzfeld D. Accept pubic infrastructure improvements of asphalt roads, sidewalks, stormwater and sanitary sewer system, located east of North Garnett Road and north of East 106 +h Street North (Parker Village Residential) 8. Consideration and appropriate action relating to items removed from the Consent Agenda 9. Consideration and appropriate action relating to a contract with the International Association of Firefighters (IAFF) Local #2789 for FY 2023 -2024 Michele Dempster Staff recommends approval of the FY 2023 -2024 contract between the City of Owasso and the International Association of Firefighters, Local # 2789, and authorization to execute all necessary documents. 10. Consideration and appropriate action relating to Resolution 2023 -16, establishing a fee for a City - managed Adult Softball League and amending the Comprehensive Rate and Fee Schedule to include the new fee Larry Langford Staff recommends approval of Resolution 2023-16. 11. Consideration and appropriate action relating to an agreement for the purpose of leasing a fleet vehicle for the Police Department Chris Roberts Staff recommends approval of an Open -End (Equity) Lease from Enterprise Fleet Management, Inc., of Clayton, Missouri, for a lease period of forty -eight months, contingent upon annual appropriations by the City Council, and authorization to execute all necessary documents to lease one (1) 2023 Dodge Ram 1500 pickup truck at a lease rate of $1,220.45 per month. Owasso City Council July 18, 2023 Page 2 12. Consideration and appropriate action relating to the acquisition of right -of -way and permanent utility easement for the East 1061h Street North and North 129th East Avenue Intersection Improvement Project Roger Stevens Staff recommends authorization for payment in the amount of $40,000.00 to Thomas Thorisch and Alexa Kay Larson Thorisch for the acquisition of right -of -way and compensation for easement and damages located at 12803 East 106th Street North. 13. Consideration and appropriate action relating to the acquisition of right -of -way for the East 1061h Street North and North 129th East Avenue Intersection Improvement Project Roger Stevens Staff recommends authorization for payment in the amount of $33,584.00 to Cynthia Gwen Johnson for the acquisition of right -of -way located at 10545 North 1271h East Avenue. 14. Report from City Manager 15. Report from City Attorney 16. Report from City Councilors 17. Official Notices (documents for acknowledgment of receipt or information only, no discussion or action will be taken) • Payroll Payment Report - Pay Period Ending Date June 17, 2023, and July 1, 2023 • Health Care Self- Insurance Claims - dated as of June 29, 2023, and July 13, 2023 • Monthly Budget Status Report - June 2023 18. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 19. 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 1:00 pm o"iday, July 14, 2023. M. Stevens, City The City of Owasso encourages citizen participation. To request arYaccommodation due to a disability, contact the City Clerk at least 48 hours prior to the scheduled meeting by phone 918 -376 -1502 or by email to istevens@citvofowosso.com OWASSO CITY COUNCIL, PUBLIC WORKS AUTHORITY, AND PUBLIC GOLF AUTHORITY MINUTES OF JOINT REGULAR MEETING TUESDAY, JULY 11, 2023 The Owasso City Council, Owasso Public Works Authority (OPWA), and Owasso Public Golf Authority (OPGA) met in a joint regular meeting on Tuesday, July 11, 2023, in the Council Chambers at Old Central, 109 North Birch Street, 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 12:00 pm on Friday, July 7, 2023. 1. Call to Order- Vice Mayor /Vice Chair Alvin Fruga called the meeting to order at 6:13 pm. 2. Roll Call Present Vice Mayor /Vice Chair - Alvin Frugo Councilor /Trustee - Doug Bonebrake Councilor /Trustee - Lyndell Dunn Councilor /Trustee - Dr. Paul Loving Absent Mayor /Chair - Kelly Lewis Staff: City /Authority Manager- Warren Lehr; Assistant City /Assistant Authority Manager- Chris Garrett; City /Authority Attorney - Julie Lombardi 3. Consideration and appropriate action relating to the Consent Agenda. (All matters listed under "Consent" are considered by the Councilors/Trustees to be routine and will be enacted by one motion. Any Councilor /Trustee may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve City Council minutes- June 20, 2023, Regular Meeting B. Approve OPWA minutes -June 20, 2023, Regular Meeting C. Approve OPGA minutes -June 20, 2023, Regular Meeting D. Approve claims - City Council, OPWA, OPGA Mr. Bonebrake moved, seconded by Dr. Loving to approve the Consent agenda as presented, with City Council claims totaling $856,720.14, OPWA claims totaling $1,728,009.67, and OPGA claims totaling $54,237.25. YEA: Bonebrake, Dunn, Loving, Fruga NAY: None Motion Carried: 4 -0 4. Consideration and appropriate action relating to items removed from the Consent Agenda -None 5. Owasso Public Works Authority consideration and appropriate action relating to Resolution 2023 -02, a Resolution of The Owasso Public Works Authority (the "Borrower ") authorizing a loan from the Oklahoma Water Resources Board in the total aggregate principal amount of not to exceed $9,000,000.00, approving the issuance of a Series 2023 Promissory Note to Oklahoma Water Resources Board in the total aggregate principal amount of not to exceed $9,000,000.00, secured by a pledge of revenues and authorizing its execution; designating a local trustee; approving and authorizing the execution of a Trust Agreement; approving and authorizing the execution of a Loan Agreement; approving and authorizing the execution of a Security Agreement; ratifying and confirming a Lease Agreement; approving and authorizing a Note Purchase Agreement; authorizing documents pertaining to a year -to -year pledge of certain sales tax revenue; approving various covenants; approving and authorizing payment of fees and expenses; approving and authorizing application to the Oklahoma Water Resources Board; approving and authorizing professional services agreements with The Public Finance Law Group, PLLC and Municipal Finance Services, Inc.; and containing other provisions relating thereto Carly Novozinsky presented the item, recommending approval of OPWA Resolution 2023 -02. Jon Wolff with Municipal Finance Services, Inc and Allan Brooks with The Public Finance Law Group PLLC were present and answered questions of the Trustees. There were no comments from the audience. Owasso City Council, OPWA 8 OPGA July 11, 2023 Page 2 After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn to approve OPWA Resolution 2023 -02, as recommended. YEA: Bonebrake, Dunn, Loving, Fruga NAY: None Motion Carried: 4 -0 6. City Council consideration and appropriate action relating to Resolution 2023 -15, a Resolution of the City of Owasso, Oklahoma (the "City ") approving action taken by The Owasso Public Works Authority (the "Authority ") authorizing issuance, sale and delivery of the Authority's Series 2023 Promissory Note to Oklahoma Water Resources Board; ratifying and confirming a Lease Agreement; authorizing documents pertaining to a year -to -year pledge of certain sales tax revenue; and containing other provisions related thereto Carly Novozinsky presented the item, recommending approval of City Council Resolution 2023 -15. There were no comments from the audience. Mr. Dunn moved, seconded by Dr. Loving to approve City Council Resolution 2023 -15, as recommended. YEA: Bonebrake, Dunn, Loving, Fruga NAY: None Motion Carried: 4 -0 City Council consideration and appropriate action relating to a fiscal year 2023 payment to Mediclaims, Inc., as part of the Ground Emergency Medical Transportation Supplemental Payment Program for emergency transportation services Carly Novozinsky presented the item, recommending authorization of payment to Mediclaims, Inc., of Tonkawa, Oklahoma, in the amount of $36,618.60. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn to authorize payment, as recommended. YEA: Bonebrake, Dunn, Loving, Fruga NAY: None Motion Carried: 4 -0 8. Presentation and discussion relating to fiduciary duty of care, responsibility and obligation for the City Council and Public Trusts Julie Lombardi presented the item and discussion was held. 9. Discussion relating to bids received for Fire Station No.1 and Fire Station No. 2 renovation projects David Hurst presented the item and discussion was held. 10. Discussion relating to proposed fees for a city- managed adult male and co -ed softball league Larry Langford presented the item and discussion was held. It was further explained this item would be placed on the July 18, 2023, City Council agenda for consideration and action. 11. Discussion relating to City /Authority Manager items A. Monthly sales tax report and revenue outlook Warren Lehr introduced Carly Novozinsky to present the item. 12. City /Authority Manager report Warren Lehr reported on the recent inclement weather and storm debris removal efforts of staff, the upcoming Town Hall meetings regarding the 55/100m :Sales Tax Election will be held on July 24, at 6:30 pm at Owasso First Assembly in the Xtreme Youth Building and July 27, at 6:30 pm at Baptist Village in the Redbud Enrichment Center Tea Room; the annual Red White and Boom, the Surface Transportation Grant for the 86th Street North Improvements from Main to Garnett. 13. City Councilor /Trustee comments and inquiries - None Owasso City Council, OPWA & OPGA July 11, 2023 Page 3 14. Adjournment Mr. Bonebrake moved, seconded by Mr. Dunn to adjourn the meeting. YEA: Bonebrake, Dunn, Loving, Fruga NAY: None Motion Carried: 4 -0 and the meeting adjourned at 7:21 pm. Alvin Frugal, Vice Mayor /Vice Chair Juliann M. Stevens, City Clerk Claims List - 07/1812023 Fund Vendor Name Payable Description Payment Amount 01 GENERAL BLUE ENERGY FUELS LLC CNG FUEL CHARGES JUNE $49.46 DALE 8 LEES SERVICE INC OLD CENTRAL AC REPAIR $138.00 ENTERPRISE FM TRUST FLEET LEASE $962.36 FLEETCOR TECHNOLOGIES FUEL CHARGES JUNE 23 $11.52 JPMORGAN CHASE BANK AMAZON- SUPPLIES $89.66 JPMORGAN CHASE BANK LOCKE- LIGHTING $269.10 JPMORGAN CHASE BANK ODP- LAMINATOR $94,42 JPMORGAN CHASE BANK OOP- SUPPLIES $26.29 JPMORGAN CHASE BANK OWASSO KEYS -CITY HALL $26.00 JPMORGAN CHASE BANK QUIT BUGGIN -PEST $125.00 JPMORGAN CHASE BANK SAMS - SUPPLIES $75.44 BUILDING MAINTENANCE -Total $1,867.25 TYLER TECHNOLOGIES, INC. CAD SOFTWARE $8,151.00 CAD SOFTWARE -Total $8,151.00 BLUE ENERGY FUELS LLC CNG FUEL CHARGES JUNE $43.07 ENTERPRISE FM TRUST FLEET LEASE $1,181.46 FLEETCOR TECHNOLOGIES FUEL CHARGES JUNE 23 $199.70 JPMORGAN CHASE BANK 2WAYRP -AC TOOLS $361.21 JPMORGAN CHASE BANK FULLERTON- SUPPLIES $30.00 JPMORGAN CHASE BANK MIDWEST VET - SUPPLIES $297.02 JPMORGAN CHASE BANK TOMMYS -CAR WASH $59.98 JPMORGAN CHASE BANK WATERSTONE- UNIFORM $65.80 GEN ANIMAL CONTROL -Total $2,238.24 JPMORGAN CHASE BANK LOWES- EXTINGUISHER $26.98 SITE INDUSTRIES LLC ANNUAL LICENSE $1,985.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES $9.74 GEN CEMETERY -Total $2,021.72 JPMORGAN CHASE BANK ONG- NATURAL GAS USAGE $173.50 JPMORGAN CHASE BANK ORPS- MEMBERSHIP $45.00 GEN COMMUNITY CENTER -Total $218.50 BLUE ENERGY FUELS LLC CNG FUEL CHARGES JUNE $15.41 ENTERPRISE FM TRUST FLEET LEASE $1,701.20 FLEETCOR TECHNOLOGIES FUEL CHARGES JUNE 23 $487.53 KENNETH LIVINGSTON LAWN MAINTENANCE $1,200.00 LORI A SHAW LAWN MAINTENANCE $400.00 GEN COMMUNITY DEVELOPMENT -Total $3,804.14 BRYAN, KAITLIN PRE -SHOW FACE PAINTER $150.00 FLEETCOR TECHNOLOGIES FUEL CHARGES JUNE 23 $256.59 JPMORGAN CHASE BANK MEETING EXP 06130 $92.40 GEN CULTURE & RECREATION -Total $498.99 1 Claims List - 07/18/2023 Fund Vendor Name Payable Description Payment Amount 01 GENERAL OWASSO CHAMBER OF COMMERCE 23 -24 CHAMBER $11,001.67 GEN ECONOMIC DEV -Total $11,001.67 ENTERPRISE FM TRUST FLEET LEASE $590.73 FLEETCOR TECHNOLOGIES FUEL CHARGES JUNE 23 $41.98 VERDIGRIS VALLEY ELECTRIC COOP STORM SIRENS $125.62 GEN EMERG PREPAREDNESS -Total $758.33 ENTERPRISE FM TRUST FLEET LEASE $2,041,79 FLEETCOR TECHNOLOGIES FUEL CHARGES JUNE 23 $265.64 JPMORGAN CHASE BANK BOOTBARN- SAFETY BOOTS $189.95 UNIFIRST HOLDINGS LP UNIFORM SERVICES $18.35 GEN ENGINEERING -Total $2,515.73 JPMORGAN CHASE BANK AMAZON- BOOKCASE $178.01 GEN FINANCE -Total $178.01 ENTERPRISE FM TRUST FLEET LEASE $1,166.58 FLEETCOR TECHNOLOGIES FUEL CHARGES JUNE 23 $47.79 JPMORGAN CHASE BANK ONG- NATURAL GAS USAGE $21710 ZENCITY TECHNOLOGIES US CONTRACT RENEWAL $19,200.00 GEN GENERAL GOVERNMENT -Total $20,631.47 JPMORGAN CHASE BANK ONG- NATURAL GAS USAGE $48.56 GEN HISTORICAL MUSEUM -Total $48.56 JPMORGAN CHASE BANK MAIL THIS- POSTAGE $38.01 JPMORGAN CHASE BANK NEXTCARE- MEDICAL $1,470.00 JPMORGAN CHASE BANK ODP- SUPPLIES $12.46 TREASURER PETTY CASH NOTARY - CARRUTH $10.00 GEN HUMAN RESOURCES -Total $1,530.47 FLEETCOR TECHNOLOGIES FUEL CHARGES JUNE 23 $61.17 JPMORGAN CHASE BANK AMAZON -RACK MOUNT $2,020.67 JPMORGAN CHASE BANK CDW GOVT -RACK MOUNT $16,255.20 JPMORGAN CHASE BANK NOBEL - NEARMAP SYST $4,200.00 JPMORGAN CHASE BANK TRELLO - SUBSCRIPTION $839.93 GEN INFORMATION TECH -Total $23,376.97 ENTERPRISE FM TRUST FLEET LEASE $369.19 FLEETCOR TECHNOLOGIES FUEL CHARGES JUNE 23 $39.25 JPMORGAN CHASE BANK ODP- SUPPLIES $13.97 OKLAHOMA MUNICIPAL MANAGEMENT OMMS MEMBERSHIP $5,000.00 GEN MANAGERIAL -Total $5,422.41 BLUE ENERGY FUELS LLC CNG FUEL CHARGES JUNE $37.74 CITY OF OWASSO WATER SERVICE $10,192.00 ENTERPRISE FM TRUST FLEET LEASE $2,373.99 FLEETCOR TECHNOLOGIES FUEL CHARGES JUNE 23 $659.05 2 Claims List - 07118/2023 Fund Vendor Name Payable Description Payment Amount 01 GENERAL GAGE BARHAM JUNE MOWINGS $2,000.00 JPMORGAN CHASE BANK AMAZON -SOUND SYSTEM $27.99 JPMORGAN CHASE BANK ATWOOD -WEED CONTROL $29.99 JPMORGAN CHASE BANK CORNERSTONE -FUEL CAN $39.99 JPMORGAN CHASE BANK NEWELL- APPLICATION $65.00 JPMORGAN CHASE BANK ONG- NATURAL GAS USAGE $47.88 JPMORGAN CHASE BANK TURFWORX - MOWINGS $868.00 JPMORGAN CHASE BANK WALMART- SUPPLIES $46.76 LIVING WATER IRRIGATION LLC REDBUD IRRIG REPAIR $4,330.00 POWER PLAY LLC SPLASH PAD REPAIR $225.00 UNIFIRST HOLDINGS LP PARKS STAFF UNIFORMS $55.22 VERDIGRIS VALLEY ELECTRIC COOP PARKS ELECTRIC $141.29 GEN PARKS -Total $21,139.90 JPMORGAN CHASE BANK AMAZON- PRISON BOARD $263.69 GEN POLICE COMMUNICATIONS -Total CC DEP REF -BROWN $263.69 BLUE ENERGY FUELS LLC CNG FUEL CHARGES JUNE $342.12 ENTERPRISE FM TRUST FLEET LEASE $4,698.64 FLEETCOR TECHNOLOGIES FUEL CHARGES JUNE 23 $1,895.21 GM LAWNCARE LLC 129/76 -96 MOWING $720.00 GM LAWNCARE LLC GARNETT /86 -96 MOWING $450.00 GM LAWNCARE LLC GARNETT /96 -106 MOWING $750.00 JPMORGAN CHASE BANK OREILLY- SUPPLIES $100.47 JPMORGAN CHASE BANK OREILLY -VEH PARTS $19.99 JPMORGAN CHASE BANK STANDARD -PARTS $35.88 JPMORGAN CHASE BANK STANDARD -SCALP WHEELS $61.88 SOURCEONE MANAGEMENT SERVICES INC 116 /HWY 169 -129 MOW $996.00 SOURCEONE MANAGEMENT SERVICES INC 76/117 -129 MOWING $940.00 SOURCEONE MANAGEMENT SERVICES INC WHITE FENCE - MOWING $3,392.00 SPIRIT LANDSCAPE MANAGEMENT LLC 96 ST LAWN MAINTEANCE $267.70 SPIRIT LANDSCAPE MANAGEMENT LLC MAIN ST LAWN MAINT $443.46 UNIFIRST HOLDINGS LP UNIFORM SERVICES $67.11 GEN STORMWATER -Total $15,180.46 TREASURER PETTY CASH CC DEP REF - BARNETT $50.00 TREASURER PETTY CASH CC DEP REF -BROWN $50.00 TREASURER PETTY CASH CC DEP REF - JACKSON $50.00 TREASURER PETTY CASH CC DEP REF - JACQUE $50.00 TREASURER PETTY CASH CC DEP REF - LEVINE $50.00 TREASURER PETTY CASH CC DEP REF - SUTHERLAND $100.00 TREASURER PETTY CASH CC DEP REF -WEST $100.00 TREASURER PETTY CASH CC DEP REF -WEYL $50.00 TREASURER PETTY CASH CC USER FEE REF -BOYER $195.00 3 Claims List - 07/18/2023 Fund Vendor Name Payable Description Payment TREASURER PETTY CASH SR AMB REF- STURGEON Amount 01 GENERAL GENERAL -Total $8,165.00 $695.00 JPMORGAN CHASE BANK PAYPAL -FIELD PREP $1,800.00 SOFTBALL PROGRAM -Total PROF PRIDE - TRAINING $1,800.00 GENERAL -Total SOUTH RUB - NOTARY $123,342.51 20 AMBULANCE SERVICE JPMORGAN CHASE BANK AMAZON -AC FANS $143.90 JPMORGAN CHASE BANK AMAZON- SCREEN PROTECT $137.94 JPMORGAN CHASE BANK BOUND TREE - SUPPLIES $92.45 JPMORGAN CHASE BANK FIRE SERV -EMS CLASS $200.00 JPMORGAN CHASE BANK HOME DEPOT- REPAIR $10.97 JPMORGAN CHASE BANK LIFE ASSIST - SUPPLIES $7,462.70 JPMORGAN CHASE BANK MEDLINE- SUPPLIES $714.76 JPMORGAN CHASE BANK PAYPAL -CLASS $150.00 JPMORGAN CHASE BANK USPS- POSTAGE $11.57 JPMORGAN CHASE BANK W &B -AC REPAIR $1,544.14 JPMORGAN CHASE BANK ZOLL- SUPPLIES $774.80 AMBULANCE -Total $11,243.23 TREASURER PETTY CASH SR AMB REF- STURGEON $20.40 AMBULANCE SERVICE -Total $8,165.00 $20.40 AMBULANCE SERVICE -Total $11,263.63 21 E -911 JPMORGAN CHASE BANK PROF PRIDE - TRAINING $659.65 JPMORGAN CHASE BANK SOUTH RUB - NOTARY $84.72 THOMAS ALAN HOFFMANN MMPI FEES $125.00 E911 COMMUNICATIONS -Total ANNUAL DUES $869.37 E -911 -Total $869.37 25 HOTEL TAX OWASSO CHAMBER OF COMMERCE 23 -24 CHAMBER $8,165.00 HOTEL TAX ECON DEV -Total $8,165.00 FLEETCOR TECHNOLOGIES FUEL CHARGES JUNE 23 $51.95 JPMORGAN CHASE BANK AMAZON- OFFICE CHAIR $249.99 KEEP OKLAHOMA BEAUTIFUL INC ANNUAL DUES $200.00 STRONG NEIGHBORHOODS -Total $501.94 HOTELTAX -Total $8,666.94 27 STORMWATER MANAGEMENT JPMORGAN CHASE BANK BROWN FARMS -SOD $28.00 JPMORGAN CHASE BANK ODP -PROD PAPER $123.96 JPMORGAN CHASE BANK OREILLY- SUPPLIES $7.99 JPMORGAN CHASE BANK SAMS - SUPPLIES $33.97 LOT MAINTENANCE OF OKLAHOMA, INC. LITTER PICKUP $2,564.00 SOURCEONE MANAGEMENT SERVICES INC BIRD CREEK- MOWING $1,486.00 SOURCEONE MANAGEMENT SERVICES INC CAMELOT POND - MOWING $495.00 SOURCEONE MANAGEMENT SERVICES INC ELM CREEK- MOWING $1,586.00 4 Claims List - 07/18/2023 Fund Vendor Name Payable Description Payment Amount 27 STORMWATER MANAGEMENT SOURCEONE MANAGEMENT SERVICES INC GARNETT POND -MOWING $749.00 SOURCEONE MANAGEMENT SERVICES INC HWY 169 - MOWING $6,767.52 SOURCEONE MANAGEMENT SERVICES INC LAKE RIDGE- MOWING $1,342.50 SOURCEONE MANAGEMENT SERVICES INC THREE LAKES- MOWING $742.50 UNIFIRST HOLDINGS LP UNIFORM SERVICES $5.68 116TH - GARNETT RD TO 129TH -Total STORMWATER - STORMWATER -Total $15,932.12 STORMWATER MANAGEMENT -Total $15,932.12 31 AMBULANCE CAPITAL TREASURER PETTY CASH SR AMB REF- STURGEON $3.60 VISION TAX • Total AMBULANCE CAPITAL -Total $3.60 AMBULANCE CAPITAL -Total $3.60 34 VISION TAX CROSSLAND HEAVY CONTRACTORS 116 - GARNETT TO 129 $563,094.85 116TH - GARNETT RD TO 129TH -Total $563,094.85 CROSSLAND HEAVY CONTRACTORS 116 -MINGO TO GARNETT $1,442,878.45 116TH -MINGO TO GARNETT RD -Total $1,442,878.45 VISION TAX • Total $2,005,973.30 37 SALES TAX FIRE CITY OF OWASSO WATER SERVICE $122.50 ENTERPRISE FM TRUST FLEET LEASE $1,518.43 FLEETCOR TECHNOLOGIES FUEL CHARGES JUNE 23 $6,185.99 JPMORGAN CHASE BANK B2B PRIME- REFUND ($45.56) JPMORGAN CHASE BANK CHEWY -K9 FOOD $51.48 JPMORGAN CHASE BANK CORNERSTONE - TRAINING $30.48 JPMORGAN CHASE BANK CORNERSTONE -TRNG EQUI $132.99 JPMORGAN CHASE BANK DAVENPORT - NOZZLES $1,828.00 JPMORGAN CHASE BANK FIRE SERV- OFFICE CLAS $600.00 JPMORGAN CHASE BANK INTERSTATE- BATTERY $250.00 JPMORGAN CHASE BANK INTERSTATE - REPAIR $231.80 JPMORGAN CHASE BANK LENOX -TOW $1,080.00 JPMORGAN CHASE BANK LOCKE- REPAIR PARTS $17.07 JPMORGAN CHASE BANK LOWES -LIVE FIRE EQUIP $77.10 JPMORGAN CHASE BANK LOWES -TRNG EQUIP $20.16 JPMORGAN CHASE BANK NSC -SCBA PARTS $4,537.64 JPMORGAN CHASE BANK OKIE EXTRIC -HOSES $98.00 JPMORGAN CHASE BANK ONG- NATURAL GAS USAGE $913.21 JPMORGAN CHASE BANK PSN -WATER $157.92 JPMORGAN CHASE BANK RAM MOUNTS -RAM MOUNTS $1,925.09 JPMORGAN CHASE BANK SAMS - SUPPLIES $992.16 JPMORGAN CHASE BANK SAMS - TRAINING $117.52 JPMORGAN CHASE BANK STAR- VEHICLE STRIPING $290.47 JPMORGAN CHASE BANK SUMNER- RENTAL $160.27 JPMORGAN CHASE BANK SUNBSKI- UNIFORM $101.54 5 Claims List - 07/18/2023 Fund Vendor Name Payable Description Payment Amount 37 SALES TAX FIRE JPMORGAN CHASE BANK TIME TO SHINE -CAR WAS $137.64 JPMORGAN CHASE BANK USPS- POSTAGE $5.60 JPMORGAN CHASE BANK WALMART- SUPPLIES $12,07 SALES TAX FUND -FIRE -Total $21,549.57 SALES TAX FIRE -Total $21,549.57 38 SALES TAX POLICE CITY OF OWASSO WATER SERVICE $42.00 ENTERPRISE FM TRUST FLEET LEASE $2,255.26 FLEETCOR TECHNOLOGIES FUEL CHARGES JUNE 23 $12,917.22 GT DISTRIBUTORS INC FIREARMS SUPPLIES $5,225.40 JPMORGAN CHASE BANK AMAZON- SUPPLIES $1,071.55 JPMORGAN CHASE BANK AONE- TRAINING $250.00 JPMORGAN CHASE BANK AT YOUR SERV- RENTAL $138.00 JPMORGAN CHASE BANK ATWOOD -PARTS $196.01 JPMORGAN CHASE BANK CROSS - SUPPLIES $81,99 JPMORGAN CHASE BANK DOGGIE STYLES - GROOMIN $85.00 JPMORGAN CHASE BANK IACP- CONFERENCE $500.00 JPMORGAN CHASE BANK JERSEY -SWAT EQUIP $3,174.80 JPMORGAN CHASE BANK LOWES- GENERATOR $48.16 JPMORGAN CHASE BANK LOWES- SUPPLIES $434.72 JPMORGAN CHASE BANK MEETING EXP 07/04 $131.88 JPMORGAN CHASE BANK MOSSBERG -TOOLS $628.90 JPMORGAN CHASE BANK OK GANG - REFUND ($250.00) JPMORGAN CHASE BANK OK POLICE SUP - UNIFORM $124.65 JPMORGAN CHASE BANK ONG- NATURAL GAS USAGE $507.03 JPMORGAN CHASE BANK OREILLY -PARTS $243.03 JPMORGAN CHASE BANK OREILLY - REFUND ($202.25) JPMORGAN CHASE BANK PAYPAL - TRAINING $350.00 JPMORGAN CHASE BANK QUIT BUGGIN -PEST $150.00 JPMORGAN CHASE BANK RANCHERS - MAINTENANCE $250.00 JPMORGAN CHASE BANK ROYAL CANIN- SUPPLIES $530.88 JPMORGAN CHASE BANK SAMS- SUPPLIES $66.72 JPMORGAN CHASE BANK SECURE SHARE -CID FEE $75.00 JPMORGAN CHASE BANK SPECIAL OPS- UNIFORM $197,94 JPMORGAN CHASE BANK SUMNER- RENTAL $108.91 JPMORGAN CHASE BANK THOMSON WEST- ACCESS $486.07 JPMORGAN CHASE BANK TRAVEL EXP 6/5 -7 -3 $721.94 JPMORGAN CHASE BANK WATERSTONE- UNIFORM $812.77 LAURA LEHNER TUITION REMIBURSEMENT $696.00 SALTUS TECHNOLOGIES LLC LICENSE FEE $2,835.00 TREASURER PETTY CASH NOTARY - ALCALA $10.00 SALES TAX FUND - POLICE -Total $34,894.58 Claims List - 07/18/2023 Fund Vendor Name Payable Description Payment Amount 38 SALES TAX POLICE -Total $34,894.58 39 SALES TAX STREETS BLUE ENERGY FUELS LLC CNG FUEL CHARGES JUNE $215.07 ENTERPRISE FM TRUST FLEET LEASE $1,041.60 FLEETCOR TECHNOLOGIES FUEL CHARGES JUNE 23 $1,755.64 JPMORGAN CHASE BANK BROWNCO -HARD HAT $29.50 JPMORGAN CHASE BANK LOWES -FORMS $36.86 JPMORGAN CHASE BANK LOWES- SUPPLIES $96.62 JPMORGAN CHASE BANK WELSCO- RENTAL $48.20 JPMORGAN CHASE BANK WELSCO- RENTALS $82.55 JPMORGAN CHASE BANK XCESSORIES- CONCRETE $349.12 JPMORGAN CHASE BANK XCESSORIES -POLES $2,967.12 UNIFIRST HOLDINGS LP UNIFORM SERVICES $99,37 VERDIGRIS VALLEY ELECTRIC COOP 116/129 TRAFFIC SIGN $82.63 VERDIGRIS VALLEY ELECTRIC COOP CHAMPION STREET LIGHT $85.96 VERDIGRIS VALLEY ELECTRIC COOP SECURITY LIGHT $7.16 SALES TAX FUND-STREETS -Total $6,897.40 SALES TAX STREETS • Total $6,897.40 40 CAPITAL IMPROVEMENTS FREEDOM MORTGAGE CORPORATION ROW ACQUISITION $24,229.00 JOSHUA D DEWITT ROW ACQUISITION $14,935.04 MESHEK & ASSOCIATES, P.L.C. ROW ACQUISITION SVCS $9,000.00 CIP 1061129 INTERSECT IMP -Total $48,164.04 K +D ARCHITECTS LLC RANGE PROJECT $790.00 POLICE MULTI -USE FACILITY - Total $790.00 POE, LTD FY22 -23 STREET REHAB $21,225.00 STREET REHAB FY22 -23 -Total $21,225.00 CAPITAL IMPROVEMENTS -Total $70,179.04 70 VEHICLE MAINTENANCE JPMORGAN CHASE BANK AMAZON -LOCK $52,84 JPMORGAN CHASE BANK BUMPER -PARTS $1,937.83 JPMORGAN CHASE BANK BUMPER- SUPPLIES $44.96 JPMORGAN CHASE BANK HESSELBEIN -TIRES $523.08 JPMORGAN CHASE BANK JIM GLOVER -PARTS $40.75 JPMORGAN CHASE BANK ONG- NATURAL GAS USAGE $159.64 JPMORGAN CHASE BANK TIGERTOUGH -SEAT COVER $5,035.80 JPMORGAN CHASE BANK YELLOW HOUSE -PUMP $564.84 VEHICLE MAINTENANCE -Total $8,359.74 VEHICLE MAINTENANCE -Total $8,359.74 76 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS $2,227.00 WORKERS' COMP SELF -INS -Total $2,227.00 WORKERS' COMP SELF -INS -Total $2,227.00 Claims List - 07/18/2023 Fund Vendor Name Payable Description Payment Amount City Grand Total TO: The Honorable Mayor and City Council FROM: Michele Dempster, Human Resources Director SUBJECT: OkMRF Retirement Request DATE: July 14, 2023 BACKGROUND: Oklahoma Municipal Retirement Fund (OkMRF), the retirement plan for employees who do not participate in the State Police or State Fire pension plans, requires the City Council acting as the OkMRF Retirement Committee to approve applications for retirement. To be eligible for retirement benefits through OkMRF an employee must have a minimum of five years of employment. Once an employee has five years of service the employee is considered vested and upon leaving employment with the City has three options depending upon age. 1. Normal Retirement is available to a vested employee age 65 or older. 2. Early Retirement is available to a vested employee between ages 55 and 65. 3. Deferred Retirement is available to a vested employee under the age of 65. Deferred Retirement allows an employee to "defer" retirement benefits until a future date, at which time the employee would begin receiving monthly retirement benefits. June 23, 2023, was the last day of employment for Joseph Dietzfeld, Public Works Water division. Mr. Dietzfeld was a participant in the OkMRF retirement plan while employed with the City since February 2015. Mr. Dietzfeld is vested and has applied for, and meets the prerequisites for Deferred Retirement. RECOMMENDATION: Staff recommends approval of Deferred Retirement benefits for Joseph Dietzfeld. TO: The Honorable Mayor and City Council FROM: Earl Farris, Project Administrator SUBJECT: Acceptance of Infrastructure Improvements at Parker Village Residential DATE: July 14, 2023 BACKGROUND: The subject residential development is located east of North Garnett Road on East 106th Street North approximately 1/3 mile. There are two entrances into the development. The first entrance is at North 120th East Avenue off of East 106th Street North. The second entrance is at East 107th Street North off of North Garnett Road. Infrastructure improvements include asphalt roads, sidewalks, stormwater, and sanitary sewer system improvements for Parker Village Residential. FINAL INSPECTIONS: Final inspections for all infrastructure components were completed in June 2023, by the Public Works Department. All standards for acceptance have been met. Additionally, the construction contractor and design engineer have supplied the necessary two -year maintenance bond and required as -built drawings. RECOMMENDATION: Staff recommends acceptance of public infrastructure improvements located at Parker Village Residential. ATTACHMENTS: Location Map City Attorney approved bond Washington County Rural Water 3 Approval letter Parker Village Residential 1" = 499 ft Location Map 06/14/2023 This map may represents a visual display of related geographic information. De-,a provided hereon is not guarantee of actual field conditions. To be sure of complete accuracy, please contact the responsible staff for most up-to -date information. Eaton, Steven From: Wingert Shellie Sent: Monday, February 6, 2023 2:09 PM To: Eaton, Steven; Lombardi, Julie Cc: Farris, Earl; Wingert Shellie Subject: RE: Parker Village Res Steven, I have reviewed the City of Owasso —Sanitary Sewer, Storm Sewer Phase 1 and Paving System to Serve Parker Village 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 $95,164,000.00 underwriting limitation. Therefore, the bond is approved. Thank you, Shellie Shellie Wingert Legal Assistant City of Owasso 200 S. Main Street Owasso, OK 74055 5w!nFert@citvofowasso.com 918 - 376 -1548 From: Eaton, Steven <seaton @CityOfowasso.com> Sent: Monday, February 6, 2023 1 :38 PM To: Lombardi, Julie <1oombardi @CityOfOwasso.com >; Wingert Shellie <swingert @cityofowasso.com> Cc: Farris, Earl <efarris @CityOfOwasso.com> Subject: Parker Village Res 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@citVofowasso.com Phone 918 - 272 -4959 Cell 918-693-3979 Maintenance Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No. 2338300 KNOW ALL MEN BY THESE PRESENTS, That we Ira M Green Construction Co, as Principal (Developer and Contractor), and swiss Re Corporate solutions America Insurance corporation as Surety, are held and firmly bound unto the City of Owasso, as Obligee, in the penal sum of which payment will andtruly to be made, we do bind ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly bythese presents. WHEREAS, the Principal will furnish a bond conditioned to guarantee, forthe period of 2 year(s) after final approval of the aav of r)wnasn - Sanifaw Sewer, Storm Sewer Phase 1 and Paving System to Serve Parker Village a privately financed public improvement, and acceptance of such bythe City Council of the City of Owasso, against all defects in workmanship and materials which maybecome apparent in such privately financed public improvement during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATIONS 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 18, 2023 Ira M Green Construction Principal :a Insurance Corporation , Surety Attorney -in -Fact Power of Attorney SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION C'SRCSAIC ") SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC ") WASTPORTINSURANCE CORPORATION ( "WIC ") GENERAL PO WER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the Slate of Missouri, and having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized and existing under the Imes of the State of Missouri and having Its principal office in the City oflConsas City, Missouri, and WIC, organized under the laws of the Slate of Missouri, and having Its principal office in the city of Kansas City, Missouri, each does hereby make, constitute and appoint: JOHN K. main, VAUOtnd P. GRAHAM, M. 3"PM M.POWMAN, TRAVIS A DROWN, DEBORAH L. HAPRR, lAtIM anions, SmBLU R. SAMSM, MARKD. NOWBLL, VICKI WILSON, AUSTIN, K. GRBENHAW, CLAYTON HOWELL, CARRYL. KENNBMER, RANDY D. WEBB, AARON WOOSBY, GARY LILES, THOMAS PERRAULT, K.RISTRILEWIS, AND JOSHUA BRYAN JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-hi-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory In the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount op. TWO HUNDRED FIFTY MILLION ($200,000,000.00) DOLLARS This Power of Attorney is granted and 1s signed by facsimile under acrd by the authority of the following Resolutions adopted by the Boards of Directors of both SRCSPIC and SRCSPIC at meetings duly called and held on the 18th of November 202I and WIC by written consent of Its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President the Secretary or any Assistant Secretary be, and each or any of them hereby Is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and (hat each or any of them hereby Is authorized to attest to (he execution of Bay such Power of Attorney and to attack therein the seal of the Corporation, and it is FURTHER RESOLVED, that the siguafure of such officers and the seat of the Corporation may be affixed to any such Power of Attorney or to (certificate relating thereto by lhesindle, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be idine upon the Corporation when so affixed and In the future with regard to any bond, undertaking or contract of surety to which it is attached." IN WITNESS WiffiREOF, SRCSAIC, SRCSPIC, and WIC have caused thew oliolul seats to behereunlo affixed, and these presents to be signed by their authorized officers this 10 dayof NOVEMBER ,20 22 Swiss Re Corporate Solutions America Insurance Corporation State of Illinois Swiss Re Corporate Solutions YrnmierlDSUranca Corporation CountyofCook 0 Westport Insurance Corporation Oa this 10 dayof NOVEMBER , 20 22 before tine, a Notary Public personalty appeared Edkyanssens, Senior Vice Preskdentof SRCSAIC and Senior Vice President of SRCSPIC and Senior VicaPresldent of WIC and Gerald Jaerowski , Vice Prmidant of SRCSAIC and Vito Presidont of SPCSPIC and Vice President of WIC, personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and acknowledged sold Instrument to be the voluntary not and deed of their respective companies. I, jeffmv Oaldbern the duly elected Senior Vice President and Aasfatant Socreffoy oFSRCSAIC and SRCSPIC and WIC, de hereby testify that We above and foregoing is R pumtadd0aprectcopy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC, which is still in full force and effect. Project: Parker Village 101 86nitary SawerSystem - Otfslte and onslte Quantity Unit Amount -1 8" SDR 35 1564 LF" 2 4' Manhole V -6' 11 EA 3 4' Manhole Additional Depth 22.56 VF 4. 4 Connect to Existing LF 1 EA 5 36" HP 6 8" SDR 35 - 5537 LF 6 36" RCP 6 4' Manhole 0' -6' 31 EA 7 42" HP 7 Service. Tee & Riser Phase 1 66 EA 8 " 42 " RCP - _- 8 Service Tee & Riser Phase 2 (Installed in Phase 1) 12 EA 9 5' Manhole 0' -6' 8 8" SDR 35 1 2386 IL F 10 6' Manhole 0' -6' 10 4' Manhole 0'-6' 1 13 1 EA 11 8'- Manhole 0' -6' 11 Service Tee &Riser 1 40 1 EA 12 Des 2 Inlet _Total Proposed "- $ 460,000.00 102 -. " - - Storm Sewer, Phase 1 Quantitv Unit Amount 1 24" HP 13 LF 2 24" RCP 143 LF 3 30" HP .856 LF 4. 30" RCP 36 LF 5 36" HP 863 LF 6 36" RCP 192 LF 7 42" HP 874 LF 8 " 42 " RCP - _- 60 LF 9 5' Manhole 0' -6' 4 EA 10 6' Manhole 0' -6' 11 EA 11 8'- Manhole 0' -6' 1 EA 12 Des 2 Inlet 6 1 EA- 13 Des 2 Inlet W1 MH 3 EA _ 14 Outflow Structure 1 EA 15 Headwall 3 EA 16 24" HP 35 LF - 17 24" RCP 1 26 LF 18 130" HP 1 198 L F J - 19 30" RCP 1 26 LF 20 136" HP 315 LF ". - - -- 21 36" RCP 40 1 LF _ 22 - 5' Manhole V -6 1 _ JEA 23 Des2lnlet 2 EA ' 24 Des 2 Inlet Wl MH 2 EA -- 25 Headwall 1 EA 26 DP to RCP Adapters - 1 EA ivw, rrvpvaeu $ 39000D00 103 _ PavinaSvatem - - _ 'nuanfin, - - a r.:u - AM;. ;..,. _. 1 Fine Grade 12772 BY 2 6 "Concrete "Barrier Curb and Gutter 6492 LF 3 6.5" HD Asphalt- - -- 10362 BY 4 Deceleratlon Lane 6.5 "HDAsphalt 246 SY 6 Treated Sub grade with Lime Cost 12772 BY 6 Flne.Grade 8066 BY 7 6 "Concrete Barrier Curb and Gutter .. 4597 LF 6 6.5" HD Asphalt - 6534 BY 9 Sod Behind Curb — 13791 SF 10 1 Treated Sub grade with Lime Cost eoss SY proposes - - $ 730,000 00 Rural Water District No. 3 Washington County, Oklahoma 17227 N. 1291h E. Ave., P.O. Box 70, Collinsville, OK 74021 -0070 Ph. (918) 371 -2055 a Fax (918) 371 -3864 o TRS 711 May 4, 2023 City of Owasso Attn: Mr. Earl Farris, Project Administrator PO Box 180 Owasso, Ok. 74055 FAX 918 - 272 -4996 efarrisocityofowasso.com Dear Sirs: The water line infrastructure in Parker Village has been tested and meets all Requirements for acceptance by Washington Co. Rural Water District #3. Sincerely, G" Chad Pennington Field Supervisor In accordance with Federal law and U.S. Department of Agriculture policy, this Institution is prohibited from discriminating on the basis of race, color, national origin, age, disability, religion, sex, and familial status. (Not all prohibited bases apply to all programs). To Ole a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C., 20250.9410 or call (800) 795 -3272 (voice) or (202) 720 -6382 (TED). TO: The Honorable Mayor and City Council FROM: Michele Dempster, Human Resources Director SUBJECT: International Association of Fire Fighters (IAFF) - Fiscal Year 2023 -2024 Contract DATE: July 14, 2023 BACKGROUND: June 20, 2023, the City Council passed Resolution 2023 -14, implementing the portions of the contract between the City and the IAFF with tentative agreements, and provided for continuing the compensation and pay portion of the Fiscal Year 2022 -2023 contract, while the City and the IAFF continued discussions relating to compensation. Resolution 2023 -14 is effective until June 30, 2024, or until modified by an agreement through collective bargaining or arbitration. Recent discussions with the IAFF resulted in a tentative agreement to settle the one remaining article, compensation. The proposed contract in its entirety has been approved by the members of the Local IAFF, and is now being presented as a final contract replacing Resolution 2023 -14. The proposed contract is a two -year term and provides for the following monetary changes: Year One 0 9% across the board increase effective July 1, 2023 o Rolling EMT pro -pay into base compensation o Increasing Firefighter /Basic- Advanced EMT entry level pay rates to match Firefighter /Intermediate EMT entry level pay rates o Increase in cost of year one is $575,084 Year Two 0 4% across the board increase effective July 1, 2024 o Increase in compensation costs for year 2 is $275,590 All other articles will remain the same as previously approved on June 20. RECOMMENDATION: Staff recommends approval of the FY 2023 -2024 contract between the City of Owasso and the International Association of Fire Fighters Local #2789, and authorization to execute all necessary documents. ATTACHMENT: Recommended IAFF Contract with Strikeouts AGREEMENT BETWEEN THE CITY OF OWASSO, OKLAHOMA A MUNICIPAL CORPORATION AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL NO. 2789 July 1, 2023 — June 30, 2024 TABLE OF CONTENTS ARTICLE 1 PURPOSE OF AGREEMENT .................................................. ..............................1 ARTICLE2 RECOGNITION ........................................................................ ..............................2 ARTICLE 3 MUTUAL RESPONSIBILITY TO AVOID DISCRIMINATION .........................3 ARTICLE 4 GENDER NEUTRALITY CLAUSE ........................................ ..............................4 ARTICLE 5 AUTHORITY AND TERM ...................................................... ..............................5 ARTICLE 6 MANAGEMENT RIGHTS AND RESPONSIBILITIES ........ ..._ ..........................6 ARTICLE 7 PREVAILING RIGHTS ............................................................ ..............................7 ARTICLE 8 PROHIBITION OF STRIKES ................................................... ..............................8 ARTICLE 9 BARGAINING UNIT RIGHTS AND SECURITY .................. ..............................9 ARTICLE 10 PERSONNEL FILES ................................................................ .............................10 ARTICLE 11 REGULAR AND SPECIAL MEETINGS ................................ .............................12 ARTICLE 12 ORGANIZED MEAL PROGRAM .......................................... .............................13 ARTICLE 13 SENIORITY ............................................................................. .............................14 ARTICLE 14 HOURS AND TIME EXCHANGE .......................................... .............................16 ARTICLE 15 PERSONNEL REDUCTION ................................................... .............................17 ARTICLE 16 STAFFING ...................................................................,..„....... .............................18 ARTICLE 17 SAFETY AND HEALTH COMMITTEE ................................ .............................19 ARTICLE 18 GRIEVANCE PROCEDURES ................................................ .............................20 ARTICLE 19 DUES CHECK- OFF ................................................................. .............................25 ARTICLE 20 COMPENSATION ................................................................... .............................26 ARTICLE 21 OVERTIME .............................................................................. .............................30 ARTICLE 22 VACATIONS AND HOLIDAYS ............................................ .............................32 ARTICLE 23 SICK LEAVE ........................................................................... .............................34 ARTICLE 24 COURT AND JURY LEAVE .................................................. .............................36 ARTICLE25 UNIFORMS .............................................................................. .............................37 ARTICLE26 INSURANCE ............................................................................ .............................39 ARTICLE 27 TUITION REIMBURSEMENT ............................................... .............................40 ARTICLE 28 SUCCESSORS AND ASSIGNS .............................................. .............................41 ARTICLE 29 SAVINGS CLAUSE ................................................................. .............................42 ARTICLE 30 LONGEVITY ........................................................................... .............................43 ARTICLE 31 RETIREMENT AND PENSION .............................................. .............................44 ARTICLE 32 PHYSICAL FITNESS PROGRAM ......................................... .............................45 ARTICLE 33 DRUG & ALCOHOL TESTING ............................................. .............................46 SIGNATURE PAGE APPENDIX A, APPENDIX B, APPENDIX C, APPENDIX D, APPENDIX E ARTICLE 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 LOCAL NO. 2789, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS AFL /CIO /CLC, hereinafter referred to as UNION, Employees, Members of the Bargaining Unit to achieve and maintain harmonious relations between the parties hereto and to provide for the equitable and orderly adjustment of grievances which may arise during the terms of this Agreement. ARTICLE 2 The Employer recognizes the Union as the exclusive bargaining agent for all employees of the Fire Department, except the Fire Chief, one designated Administrative Assistant, civilian employees, and probationary employees. 2 ARTICLE 3 MUTUAL RESPONSIBILITY TO AVOID DISCRIMINATION Section 1. Nothing in this Agreement shall be interpreted as diminishing the obligation of both parties to undertake affirmative action to insure that applicants or employees are treated without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, status of Union membership, or political affiliations. Specifically, pursuant to Equal Employment Opportunity Commission Guidelines, each party is obligated to take positive action in affording equal employment, training and promotional opportunities to all members, as required by Title 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 any duly adopted Department of Labor Regulations promulgated thereunder. Section 2. In the event that any portion of this Agreement unintentionally conflicts with the Employer's capability to be in compliance with said Acts, the EEOC Guidelines and Department of Labor Regulations will be overriding to that portion of this agreement. ARTICLE 4 GENDER GLAUSE NEUTRALITY CLAUSE "Gender ". A word importing one gender only shall extend and be applied to beEh all genders. ARTICLE 5 AUTHORITY AND TERM Section 1. The Employer and the Union have, by these present, reduced to writing the collective bargaining Agreement resulting from negotiations entered into by the Employer and the Union. Section 2. This Agreement shall become effective on the first day of July, 2024- 2023 and shall remain in full force and effect until midnight, June 30,242-22024. The Employer and the Union agree that on or before June 30, 2922 2024 each shall ratify all articles of this agreement to provide for a continuation of this agreement for fiscal year July 1, 2922 2024 to June 30, 2022 2025. Section 3. Whenever wages, rates of pay, or any other matters requiring appropriation of monies by the Employer are included as a matter of collective bargaining, it shall be the obligation of the Union to serve written notice thereof one hundred twenty (120) days prior to June 23`d of each year, the last day on which monies can be appropriated by the Employer to cover the Agreement period which is the subject of the collective bargaining procedure. Section 4. It shall be the obligation of the Employer and the Union to meet at a reasonable time and confer in good faith with representatives of the Union and Employer ten (10) days after receipt of written notice from the Union or Employer requesting a meeting for purposes of collective bargaining. Section 5. In the event the Union and the Employer are unable, within thirty (30) days from and including the date of the first meeting to reach an agreement, any and all unresolved arbitrable issues may be submitted to arbitration at the request of either party. ARTICLE 6 MANAGEMENT RIGHTS AND RESPONSIBILITIES Section 1. The Union recognizes the prerogative of the Employer to operate and manage its affairs in all respects and in accordance with its responsibilities, and the powers or authority which the Employer has not officially abridged, delegated, granted or modified by this Agreement are retained by the Employer, and all rights, powers and authority the Employer had prior to the signing of this Agreement are retained by the Employer, and remain exclusively without limitation within the rights of the Employer. Section 2. Except as may be limited herein, the Employer retains the right in accordance with the Constitution, the laws of the State of Oklahoma, and the Charter of the municipality and the responsibilities and duties contained in the laws of the State of Oklahoma and the ordinances and regulations promulgated thereunder: A. To determine Fire Department policy, including the rights to manage the affairs of the Fire Department in all respects, except as stated above; B. To assign working hours, including overtime; C. To direct the members of the Fire Department, including the right to hire, terminate, suspend, discipline, promote or transfer any Firefighter; D. To determine the table of organization of the Fire Department, including the right to organize and reorganize the Fire Department and the determination of job classifications and ranks based upon duties assigned; E. To determine the safety, health and property protection measures for the Fire Department; F. To allocate and assign work to Fire Fighters within the Fire Department; G. To be the sole judge of the qualifications of applicants and training of new employees; H. To schedule the operations and to determine the number and duration of hours of assigned duty per week; I. To establish and enforce Fire Department rules, regulations and orders; J. To introduce new, improved or different methods and techniques of operation of the Fire Department or change existing methods and techniques; K. To determine the amount of supervision necessary; L. To control the departmental budget; and M. To take whatever actions may be necessary to carry out the mission of the employer in situations of emergency. ARTICLE 7 PREVAILING RIGHTS Section 1. All rules, regulations, fiscal procedures, working conditions, departmental practices and manner of conducting the operation and administration of the Owasso Fire Department currently in effect for and with respect to the members of the Fire Department on the effective date of this Agreement, which are not included in this Agreement, shall remain in full force and effect, unchanged and unaffected in any manner, unless and except as modified or changed by the specific terms of this Agreement. ARTICLE 8 PROHIBITION OF STRIKES Section 1. During the term of this Agreement, the Union agrees to a prohibition of any job action,; i.e., strikes, work slowdowns, mass absenteeism, or being a party to such activities. The Union shall not be in breach of Agreement where the acts and actions enumerated above are not caused or authorized by the Union. Section 2. Upon notification confirmed in writing by the Employer to the Union that certain of its members are engaged in a job action, the Union shall immediately, in writing, order such member to cease the job action and return to work at once. a*d The Union shall provide the Employer with a copy of such an order. Additionally, a responsible officer of the Union shall publicly order all employees participating in a job action to cease such action. Section 3. Nothing contained in this Article shall be construed to limit, impair, or affect the right of the Union or any other member of the bargaining unit to the expression or communication of a view, grievance, er complaint, or opinion or any matter related to conditions or compensation of employment or their betterment so long as the same does not interfere with the full, faithful and proper performance of duties of employment. ARTICLE 9 BARGAINING UNIT RIGHTS AND SECURITY Section 1. Bulletin Boards. The Employer shall provide space in all fire stations for Union bulletin boards. Materials posted on bulletin boards shall be limited to Union business, notice of meetings, seminars, workshops, legislative reports, safety bulletins, etc. No materials of a subversive or derogatory nature or political endorsements shall be posted. Section 2. Time Off for Union Business. After written notice to Fire Chief or Designated Administrative Assistant, Union representatives may be granted time off without loss of pay to conduct bona fide Union business, provided however, that time off will not impede the proper operations of the Fire Department and adequate manpower is available, as determined by the Fire Chief or his designated Administrative Assistant. ARTICLE 10 PERSONNEL FILES Section 1. It is agreed that with all materials concerning investigation, complaints, reprimands, counseling sessions for violations of any rules, regulations or policies, that might be considered detrimental to the employee's position advancement or future with the Department, that are to be placed in the employee's personnel file, that the Employer shall notify said employee of such action and the employee shall be given the proper opportunity to appeal such action before it becomes a part of his personnel file. Section 2. A F'. Fighte firefighter shall be allowed to review his personnel file under supervision at any reasonable time upon written request to the Fire Chief. Section 3. Recognizing that disciplinary actions provide a basis for training and counseling and are not meant to perpetually penalize an employee, the following procedure is hereby established: Procedure A. Employees may request that disciplinary actions be sealed according to the following schedule: 1. Written reprimands and notice of oral reprimands with no recurrence after one (1) year may be sealed. 2. Suspensions three (3) days or less than three (3) days, without recurrence, after two (2) years. 3. Suspension more than three (3) days, without recurrence, after two (2) years. 4. Disciplinary probation after two (2) years from the termination of such probation if no other disciplinary action has occurred during that period. B. Written Requests for sealing of disciplinary actions should be directed to the office of the Fire Chief. C. The Human Resources Department shall be notified in all cases where sealing of disciplinary action is taken, and City Personnel file copies will be sealed or destroyed accordingly. D. The sealed action shall not be held to discriminate against the employee in any subsequent disciplinary action, or in the event of impending promotion, merit step raise, transfer, special requests, modification of duty, vacation selection, application for other employment, or against any other action the employee may take for his personal improvement or betterment. C1 ARTICLE 10 PERSONNEL FILES (Continued) E. Once sealed, the file shall not be opened unless the employee request such unsealing; however, the employee may review investigative reports pertaining to the actions; or at the discretion of the Fire Chief who may deem it necessary to the employee's welfare to do so; but, in any case, the employee is to be notified of the opening of the sealed file and the reason therefore. F. Upon request, all unfounded, exonerated, not sustained, and no finding complaints will be immediately removed from the employee's personnel file. Such complaints shall be sealed and accessed by the City Attorney for pending litigation or for review of similar complaints which may occur within one (1) year of the original complaint. Such unfounded, exonerated, not sustained, and no finding complaints will be destroyed after five (5) years from date of occurrence. Section 4. All letters of appreciation and /or commendation received by the department regarding an employee(s) will be given to the appropriate employee(s) within five (5) business days. 11 ARTICLE 11 REGULAR AND SPECIAL MEETINGS Section 1. The Union will be permitted to hold regular and special meetings on the Employer's premises with the understanding that permission, time and location of such meetings must be approved by the Fire Chief or his designated Administrative Assistant prior to said meetings. Section 2. It is understood that the Union and the Employer will cooperate in this Agreement and excessive requests will not be made by the Union. Permission to hold meetings shall not be unreasonably denied by the Employer so long as meetings do not impede or interfere with the normal operations of the Fire Department. 12 ARTICLE 12 ORGANIZED MEAL PROGRAM Section 1. Union members will be required to participate in an organized meal program while on duty. However, if any employee is on a special diet, he /she will not be required to participate for the time period he /she is on a special diet. The amount to be contributed for meals will be determined by and contributed by the members of each duty station on each shift. However, the amount shall not be less than Five Dollars ($5.00) per shift per member. This article is not subject to the grievance procedures of this Agreement. Further it is agreed that this section of the Agreement will be enforced solely by the bargaining unit. 13 ARTICLE 13 SENIORITY Section 1. Seniority shall mean the status attained by length of continuous service in the Fire Department. Section 2. Where two or more employees have the same employment date, seniority shall be determined by a hiring list established subsequent to the completion of the hiring process. When two or more employees will be given the same start date, the Union shall be provided a copy of the established hiring list prior to the start date. Section 3. Seniority will be a factor to be considered by the Fire Department in determining the priority of each member to: A. Time when compensatory, vacation and holiday time off is granted; B. Shift assignment; and C. Anytime overtime is required, whether scheduled or non - scheduled, the fast choice of replacement shall go to another employee meeting the following criteria: 1. has Has the same duty qualifications; 2. amen g Among those with the same duty qualifications, has the most seniority; and 3. provides Provides compliance with minimum manning criteria of the department. Section 4. Seniority shall be lost upon the occurrence of any of the following: A. Discharge, if not reversed; B. Resignation; C. 'wed Unexcused failure to return to work upon the expiration of a formal leave of absence provided no reasonable excuse is found; and D. Retirement. Section 5. Promotion shall be subject to evaluation and examination of job performance and ability. Seniority will be considered, but will not be the determining factor. Any bargaining unit member serving in an acting capacity for six (6) or more consecutive months may be promoted to the vacant position without being subject to a testing procedure, as long as that employee meets the minimum qualifications for the position. Should a member of the bargaining unit serve in an acting capacity for six (6) or more consecutive months and not meet the minimum qualifications, due to budgetary constraints and /or training availability only, 14 ARTICLE 13 SENIORITY (Continued) such member may be promoted to the vacant position without being subject to a testing procedure; provided, the member of the bargaining unit satisfies the minimum requirements for the position within twelve calendar months from the date of appointment. Otherwise the member shall be demoted to the previous position occupied by the member. Section 6. Employees demoted as a result of administrative decisions and not based on discipline, shall be given first consideration should the position reopen and such position offered, providing however, no unusual discipline problems have occurred between the demotion and subsequent position opening. 15 ARTICLE 14 HOURS AND TIME EXCHANGE Section 1. There is hereby established a series of fourteen -day work periods. Shift schedule shall be on duty twenty -four (24) hours and off duty forty -eight (48) hours. Section 2. Time of shift change will be 0800 hours. Shift Commander shift change will be at 0700 hours. Section 3. Employees may have the privilege to exchange duty time, subsequent to approval by the Battalion Chief or Acting Shift Commander. The replacement employee must be of at least equal duty qualification of the employee being excused from duty. 16 ARTICLE 15 Section 1. In the case of personnel reduction, the Employee with the least seniority shall be laid off first. In determining seniority for the purpose of personnel reduction, only time as a full -time paid Employee in the Owasso Fire Department shall be counted. Section 2. No new employee shall be hired until all employees laid -off during the past 24 -month period have been notified of any position vacancy within the Fire Department. Such notification will take place via registered mail Return Receipt Requested. Correspondence shall be sent to the last known address of the employee who requires notification. It will then be the duty of the employee to notify Human Resources of his intention to pursue the available position. Such response shall be received within 30 days of receipt of registered mail notification. The employee's failure to respond within the 30 -day period shall be considered an acknowledgment that the employee does not intend to reinstate his employment with the Owasso Fire Department. 17 ARTICLE 16 STAFFING Section 1. The purpose of this Article is to provide a consistent practice of staffing the fire stations and fire apparatus each shift day, during both emergent and non - emergent operations, providing the necessary staffing measures to ensure safety. A. Each fire station will be staffed with no less than three (3) personnel each day. B. The Battalion Chief or Acting Shift Commander shall not count towards the staffing minimum of three (3) per station. C. The Battalion Chief or Acting Shift Commander shall not be dedicated to any suppression apparatus or medic. D. Staffing of each station shall consist of, but not be limited to a Captain or Acting Company Officer, Lieutenant or Acting Lieutenant and a Firefighter. E. Staffing on each fire apparatus will be no less than two (2) personnel. This shall pertain to all fire engines, ambulances, ladder trucks, tankers, wildland vehicles, and Disaster Response Unit (DRU). F. The only exception to Section 1 -E of this Article is routine travel to the City Garage, or returning to a fire station following an emergency incident response, or station to station travel. All apparatus with one employee are considered out of service for an emergency response. G. Staffing on snowplow will be no less than two (2) personnel when responding as an emergency response vehicle; including when responding in support of another emergency response vehicle during emergency operations. The two (2) personnel minimum shall not apply when the snowplow is being used during non - emergency operations, including (but not limited to) the moving /removing of snow from facilities and roadways, and routine travel to the City Garage, returning to a fire station following an emergency incident response, or station to station travel. H. This Article does not pertain to administrative or command vehicles. Section 2. The Union shall be notified of any opening of a job position within the Owasso Fire Department, and when and where advertisement of said position is being advertised, according to Equal Employment Opportunity (EEOC) regulations. 18 ARTICLE 17 SAFETY AND HEALTH COMMITTEE Section 1. The Employer and the Union agree to cooperate to the fullest extent in the promotion of safety and health, on the Employer's premises and while carrying out the mission of the Employer and the duties of the employees. For this purpose, it is agreed to establish a Safety and Health Committee to consist of two (2) members and one (1) chairperson appointed by the Union. Section 2. The Safety and Health Committee will have the authority to conduct on- site inspections of equipment, buildings, and other related areas to the occupational environment of the Bargaining Unit. They shall also have the latitude to make studies of safety equipment and practices and to conduct investigations into health hazards that may be appropriate to protect the Employer's interest as it may relate to Worker's Compensation or other liability inherent to occupational diseases and injury and to protect the employees' right to a safe employment environment. Members of the Committee may be excused from duty for the work of the Committee, subject to the prior approval of the Fire Chief. Section 3. The Union and the Employer agree to make every effort to correct safety hazards or unsafe working conditions identified by the Safety Committee. It is understood that recommendations of the Committee are not subject to the Grievance Procedure for the Agreement. Section 4. The Safety and Health Committee recommendations to correct safety hazards and /or unsafe working conditions shall be discussed by the Chairperson of the Committee, with the Chief or his designated representative. The answer shall be orally submitted by the Chief or his designated Administrative Assistant within five (5) business days to the Committee. A. If the hazard or condition is not corrected by the provision of Section 4, it shall be submitted in writing to the Chief or his designated Administrative Assistant. B. The Fire Chief shall submit his answer in writing to the Safety and Health Committee within five (5) business days. If the hazard or condition has not been corrected within that time, it then shall be sent to the City Manager for adjustment. C. The City Manager shall submit his answer in writing to the Fire Chief and the Committee in five (5) business days. Section 5. All "First Notice of Injury" and accident reports will be forwarded by the worker's compensation coordinator to the Union Secretary within 72 hours of the incident. 19 ARTICLE 18 GRIEVANCE PROCEDURES Section 1. The Union or any employee covered under this Agreement may file a grievance within ten (10) business days of the alleged occurrence, as hereinafter defined, and shall be afforded the full protection of this Agreement. Section 2. Union President, Vice - President, and Union Grievance Committee, as used hereinafter, shall be understood to mean those persons whose names have been previously identified, in writing, to the Fire Chief or his designated Administrative Assistant. It is understood and agreed that the names of such person or persons shall be submitted to the Fire Chief, or his designated Administrative Assistant, within fifteen (15) working days after such person or persons are elected and/or appointed. Section 3. Except for documented verbal counseling or written reprimands, as defined in Section 5, of this article, any controversy between the Employer and the Union or any employee concerning the interpretation, enforcement or application of any provision of this Agreement, concerning any of the terms or conditions of employment contained in this Agreement, shall be adjusted in the following manner: A. The grievance shall be discussed by the employee with the Chief or his designated Administrative Assistant. Said employee and one of the following; Union President, Vice - President or Grievance Committee Chairman, shall be present at said discussion. The answer shall be submitted in writing by the Chief or his designated Administrative Assistant, within five (5) business days to the employee(s) involved and to the Union President. B. If the grievance is not settled by the provision of Section 3A, it shall be submitted in writing to the Union Grievance Committee. Within ten (10) business days from the written answer rendered by the Chief, or his designated Administrative Assistant, the Union Grievance Committee shall determine, in their sole discretion and judgement judgment, whether or not a grievance exists within the terms and conditions of this Agreement. 1. If the Union Grievance Committee finds a grievance does exist, the Committee shall submit, in writing, the grievance to the Fire Chief for adjustment, within ten (10) business days of the Chiefs written answer. 2. If the Union Grievance Committee finds a grievance does not exist, no further proceedings shall be necessary. 20 ARTICLE 18 GRIEVANCE PROCEDURES (Continued) C. The Fire Chief shall submit his answer in writing to the employee involved and to the Union Grievance Committee within ten (10) business days. If the grievance has not been settled within that time, it then shall, within ten (10) business days, be sent to the City Manager for adjustment. D. The City Manager shall submit his answer in writing to the Fire Chief, the employee involved, and the Union Grievance Committee within ten (10) business days. If the City Manager and the Union Grievance Committee have not settled the grievance within that time, it may be submitted to arbitration. Grievances submitted to arbitration for adjustment shall proceed as follows: 1. Within twenty (20) calendar days parties shall jointly request a panel of arbitrators from the Federal Mediation and Conciliation Service. a. The Employer and/or the Union shall have the option to utilize a board of three (3) arbitrators in lieu of one (1) arbitrator. The requesting party shall be responsible for the increase in cost associated with a three (3) arbitrator panel. i. The parties shall jointly request a panel of fifteen (15) for a board of three (3) arbitrators. ii. The parties shall jointly request a panel of nine (9) arbitrators for one (1) panel arbitrator. b. Arbitrators must have NAA affiliation (National Academy of Arbitrators). c. The Employer and the Union each may exercise the option to request a new panel once per arbitration selection process. 2. Within ten (10) business days from the receipt of such said panel, a representative of the Union and the City shall meet and alternately strike names until one (1) or three (3) arbitrator(s) remains who shall be selected as the impartial arbitrator. The party requesting arbitration shall strike the first name. 3. Upon notification to the Federal Mediation and Conciliation Service of the selection of the arbitrator(s), and the arbitrator(s) is/are contacted, the date for the Arbitration Hearing shall be set within ten (10) business days from the date the arbitrator is notified of his selection. 21 ARTICLE 18 GRIEVANCE PROCEDURES (Continued) 4. Within twenty (20) business days after the conclusion of the hearing, the arbitrator(s) shall issue a written opinion, or panel of arbitrators shall be requested to issue a majority consensus opinion, containing findings and recommendations with respect to the issues presented. A copy of the opinion shall be mailed or delivered to the Union and the Employer. 5. With respect to the interpretation, enforcement or application of the provisions of this Agreement, the decision, findings and recommendations of the arbitrator shall be final and binding on the parties to this Agreement. 6. The arbitrator(s)' authority shall be limited to the interpretation and application of the terms of this Agreement and /or any supplement thereof. The arbitrator(s) shall have no jurisdiction to establish provisions of a new agreement or variation of a new agreement or variation of the present Agreement or to arbitrate away, in whole or in part, any provisions or amendments thereof. This shall not preclude individual wage grievances. 7. The cost of the impartial arbitrator shall be shared equally between the Union and the Employer. If a transcript of the proceedings is requested, then the party so requesting shall pay for it. Section 4. All time limits set forth in this Article may be extended by mutual consent, but if not so extended, they must be strictly observed. If a party fails to pursue any grievance within the time limits provided, he shall have no further right to continue the grievance. Section 5. Any controversy between the Employer and the Union or any employee concerning the interpretation, enforcement or application of any provisions of this Agreement, that resulted in a documented verbal counseling or a written reprimand shall be adjusted in the following manner: A. The grievance shall be discussed by the employee with the Chief or his designated Administrative Assistant. Said employee and one of the following: Union President, Vice - President or Grievance Committee Chairman, shall be present at said discussion. The answer shall be submitted in writing by the Chief or his designated Administrative Assistant, within five (5) business days to the employee(s) involved and to the Union President. 22 ARTICLE 18 GRIEVANCE PROCEDURES (Continued) B. If the grievance is not settled by the provisions of Section 5A, it shall be submitted in writing to the Union Grievance Committee. Within ten (10) business days from the written answer rendered by the Chief, or his designated Administrative Assistant, the Union Grievance Committee shall determine, in their sole discretion and judgement, whether or not a grievance exists within the terms and conditions of this Agreement. 1. If the Union Grievance committee finds a grievance does exist, the Committee shall submit, in writing, the grievance to the Fire Chief for adjustment, within ten (10) business days of the Chief's written answer. 2. If the Union Grievance Committee finds a grievance does not exist, no further proceedings shall be necessary. C. The Fire Chief shall submit his answer in writing to the employee involved and to the Union Grievance Committee within ten (10) business days. If the grievance has not been settled within that time, it then shall, within ten (10) business days, be sent to the City Manager for adjustment. D. The City Manager shall submit his answer in writing to the Fire Chief, the employee involved, and the Union Grievance Committee within ten (10) business days. If the City Manager and the Union Grievance Committee have not settled the grievance within that time, it may be submitted to arbitration. Grievances submitted to arbitration for adjustment shall proceed as follows: 1. The parties shall jointly request a panel of nine (9) arbitrators from the Federal Mediation and Conciliation Service within ten (10) ealeedar business days. a. Arbitrators must have NAA affiliation (National Academy of Arbitrators). 2. Within ten (10) business days from the receipt of such said panel, a representative of the Union and the City shall meet and alternately strike names until one (1) arbitrator remains who shall be selected as the impartial arbitrator. The party requesting the arbitration shall strike the first name. 3. Following the selection of the impartial arbitrator both parties shall submit cases in writing to the arbitrator and the other party by an agreed upon date. If parties cannot agree the arbitrator shall set the date. 4. The arbitrator shall be requested to issue a written opinion containing findings and recommendations with respect to the issues presented, within sixty (60) calendar days after submission of the case. A copy of the opinion shall be 23 ARTICLE 18 GRIEVANCE PROCEDURES (Continued) mailed or delivered to the Union and the City. 5. With respect to the interpretation, enforcement, or application of the provisions of the Agreement, the decision, finding, and recommendations of the arbitrator shall be final and binding on the parties of this Agreement. 6. The arbitrator's authority shall be limited to the interpretation and application of the terms of this Agreement and/or any supplement thereof. The arbitrator shall have no jurisdiction to establish provisions of a new Agreement or variations of the present Agreement or to arbitrate away, in whole or in part, any provision or amendments thereof. 7. The cost of the impartial arbitrator shall be shared equally between the Union and the Employer. Section 6. It is specifically and expressly understood that filing a grievance under this Article which has as its last step final and binding arbitration, constitutes an election of remedies and a waiver of any and all rights by both parties, the Union or other representatives of the party, to litigate or otherwise contest the last answer rendered through the Grievance Procedure, in any court of other appeal forum. P211 ARTICLE 19 DUES CHECK -OFF Section 1. The Employer agrees to deduct regular semi - monthly Union dues, Station Fund dues and regular semi - monthly FIREPAC contributions from earned wages of those employees who are in the bargaining unit. The deductions shall be made from each semi- monthly paycheck in an amount certified to be correct by the Secretary- Treasurer of the Local Union. All members of the Bargaining Unit desiring payroll deduction of Union dues and /or FIREPAC contributions shall individually sign an authorization card provided by the Union and approved by the Employer, authorizing the stated semi - monthly dues deduction and /or FIREPAC contributions to be made. Except for employees hired within the contract year, authorizations for FIREPAC contributions and Station Fund dues must be provided to the Employer within thirty days of the effective date of the contract to be effective for the contract year. Payroll deductions shall be revocable by the employee notifying the Employer in writing. The Union shall be notified of any revocation. Section 2. The Employer will deduct only Union dues, FIREPAC contributions and Station Fund dues from the employee's paycheck and will not deduct initiation fees, special assessments, fines or any other deductions. In the event of an increase or decrease in Union dues, the Union will give the Employer thirty (30) days notice in order to allow the Employer to make the proper changes in its accounting records. No deductions will be made when the salary to be paid an employee is not sufficient to cover the amount deducted. Section 3. On the same day as payroll is issued, a deposit for the total deductions shall be made into the financial institutions selected by the Union. It shall be the responsibility of the Union to provide the Employer with deposit slips. The deposit receipt shall be sent to the Union Secretary along with a detailed report showing individual employee's name and deduction amount at the time of deposit. Section 4. All deductions will be for the month in which they are taken. All deductions refundable at the time of termination or resignation will be refunded by the Union. The Employer shall not be responsible for errors. In the case of any error or improper deduction being made by the Employer, a proper adjustment of the same shall be made by the Union with the employee affected. Section 5. The Union shall indemnify, defend and hold the Employer harmless against any claims made and against any suits instituted against the Employer on account of payroll deduction of Union dues or deposit of Union dues. Section 6. This service will be provided at no expense to the Union or its members. 25 ARTICLE 20 COMPENSATION Section 1. For the purpose of this Labor Agreement, each employee of the bargaining unit shall receive compensation based on the range and step plan located in Appendix A, "Pay Plan A" on July 1, X1.2023 according to the employee's range and step as of June 30, 204 2023 (with adjustments in steps on anniversary dates.) Effective January 1, 292" July 1, 2024 each employee of the bargaining unit shall receive compensation based on "Pay Plan B" according to the employee's range and step as of Perember 31, 2022 June 30, 2024 (with adjustments in steps on anniversary dates.) A firefighter's active EMT license shall determine the firefighter's pay range. A firefighter without an active EMT license shall be paid as a Firefighter/Basic in Step 1. An inactive EMT license for a member of the bargaining unit with a rank of Lieutenant, Captain or Chief shall result in being reduced to Step 1 of the member's current range. In the case of extenuating circumstances, outside the member's control, that result in a delay in EMT license renewal, the Chief may authorize a member's continued pay at their current range and step for up to six months, until licensing issues are resolved. The rates contained in the Appendix A range and step plan does not include compensation which may be added to the base rate as provided in Article 20, Section 5; Article 20, Section 6; and Article 31. Section 2. Employees working an eighty (80) hour pay period shall have their pay calculated by the following formula: base (rate from range and step plan PLUS added pay as provided in Article 20, Section 5; Article 20, Section 6; and Article 31) multiplied by 3054, then divided by 2080. Section 3. New employees shall be compensated at the Entry Level/Probationary rate in Appendix A according to the employee's level of EMT certification, except when the new employee is currently employed with another municipal Fire Department and possesses an International Fire Service Accreditation Congress Firefighter I certificate and has previous Advanced Life Support experience, A Firefighter/Medic meeting this criteria may be eligible for lateral entry. The Fire Chief shall conduct a review of the individual's qualifications and experience and determine the appropriate entry -level rate within the range corresponding with the employee's level of EMT certification. New hires shall not be brought in higher than Step 5. New hire placement at a step other than entry level will not affect seniority or seniority -based considerations. Upon successful completion of the twelve -month probation period, the employee shall advance to the next step in the Step Plan in Appendix A. 26 ARTICLE 20 COMPENSATION (Continued) Section 4. Upon promotion employees shall receive a promotional increase to the corresponding range and step that represents at least an increase of 5% for each increase in rank, unless such step is not available. In cases of an employee obtaining a Paramedic license, the employee will advance to the same pay step in the Paramedic range of the Pay Plan, according to Appendix A. Section 5. In addition to their base compensation, Employees who are awarded a degree from an accredited college or university are eligible for Education Incentive pay. Employees holding multiple degrees shall receive the compensation identified for the highest single degree for which the employee qualifies. Education Incentive pay is added to, and included in the employee's base rate of pay. A transcript must accompany each request for initial payment and each request for increasing that payment. Section 6. E. l ..p.,,yc es of s.., the Fgai. ing, nit., he obtain tai. and maintain E 27 Degree in field of Fire Protection Degree not in the field of Fire Technology, Nursing or EMS Protection Technology, Nursing, or EMS Associates Degree thirty -nine cents per hour ($0.39) twenty cents per hour ($0.20) Bachelor's Degree fifty -nine cents per hour ($0.59) thirty -nine cents per hour ($0.39) Master's Degree sixty -nine cents per hour ($0.69) forty -nine cents per hour ($0.49) A transcript must accompany each request for initial payment and each request for increasing that payment. Section 6. E. l ..p.,,yc es of s.., the Fgai. ing, nit., he obtain tai. and maintain E 27 ARTICLE 20 COMPENSATION (Continued) Employees of the bargaining unit assigned the additional duty of Fleet Manager, shall have the herein designated compensation added to and included in their base rate of pay. Assigned additional duties may require assessment center testing to determine qualifications prior to the actual assignment by the Fire Chief. "Fleet Fleet Manager — Eighty -three cents per hour ($0.83/hr) Bargaining unit members, at or above the rank/grade of Captain, who obtain IFSAC, Proboard or other Instructor II certification, shall receive thirty-nine cents ($0.39) added to and included in such members base hourly rate. In order to be eligible for the thirty -nine cents ($0.39) certification programs must be approved in advance by the Fire Chief. Bargaining unit members who obtain and maintain Hazardous Materials Technician certification, shall receive twenty -nine cents ($0.29) added to and included in such members base rate of pay. In order to be eligible for the twenty -nine cents ($0.29) the certification program must be approved in advance by the Fire Chief. Bargaining unit members who obtain and maintain Car Seat Installation certification, shall receive fifteen cents ($0.15) added to and included in such members base rate of pay. In order to be eligible for the fifteen cents ($0.15) the certification program must be approved in advance by the Fire Chief. Section 7. In addition to the employee's regular rate of pay, an employee engaged in fire protection activities shall receive an overtime premium of one and one -half (1 1/2) of his regular hourly rate or, at employee's election subject to the limitations hereinafter set forth, one and one -half (1 1/2) hour of compensatory time for each compensable hour of work in excess of one hundred six (106) hours in the stated fourteen (14) day work period. Section 8. Accumulation of compensatory time shall be limited in accordance with the Personnel Policy and Procedure Manual of the City of Owasso, Oklahoma. As pertains to compensatory time, it is agreed that the employee shall have the right to select when to take such compensatory time off; provided, the taking of such time off will not adversely impact upon departmental operations, as determined by the Fire Chief or his designated Administrative Assistant. 28 ARTICLE 20 COMPENSATION (Continued) Section 9. The term "compensable hours of work" shall be defined as set forth in Section 553.14 of the Department of Labor Regulations covering employees of public agencies. It is specifically understood that any leave taken by the employee during the aforestated fourteen (14) day work period shall, whether compensated or not, reduce said employee's hourly accumulation for purposes of determining overtime in accordance with the Fair Labor Standards Act. Provided however, for computation of employee work hours all compensable leave except sick leave shall be considered as hours actually worked. 29 ARTICLE 21 OVERTIME Section 1. As a condition of employment, employees may be required to work overtime because of increased workload, sickness, and absences of other employees or emergencies. All leave except sick leave shall be considered as actual hours worked for the purpose of overtime compensation. For the purpose of computation of overtime compensation, the employee's regular rate of pay shall be deemed to be that as defined by the Department of Labor Fair Labor Standards Act. Section 2. Unscheduled Overtime — When an employee is not given at least forty - eight (48) hours of notification a minimum of three (3) hours at one and one -half (1 1/2) times the regular rate shall be paid to any member of the bargaining unit who is called back after his normal tour of duty. Unscheduled overtime shall first go to an employee in the same rank classification as the position being filled. If unable to fill with an employee of the same rank classification, unscheduled overtime will be available to all rank classifications. Section 3. Scheduled Overtime — When an employee is given at least forty -eight (48) hours of notification the employee shall be paid overtime pay for actual hours worked at one and one half (1 %z) times the regular rate of pay. Time worked thirty (30) minutes prior to or thirty (30) minutes following a scheduled shift would be considered scheduled overtime. Scheduled overtime shall first go to an employee in the same rank classification as the position being filled. If unable to fill with an employee of the same rank classification, scheduled overtime will available to all rank classifications. Section 4. Emergency Overtime — Overtime needed to combat a catastrophic emergency situation, such defined herein as being any unexpected disastrous occurrence requiring response by the Owasso Fire Department in excess of the manpower existing on the normal duty shift to protect lives and property. This overtime will be approved on a first come basis by order of arrival and will not be susceptible to seniority, but will be deemed as unscheduled overtime. Section 5. Specialty Overtime — Overtime needed that may require specialized team training or by division may be awarded by the Fire Chief or his /her designee. Section 6. Administrative Overtime — Overtime needed to develop, initiate, and complete non - emergency departmental projects and committees. All bargaining unit members will be notified via e-mail and page of administrative project opportunities. Interested individuals must respond to the Fire Chief or his /her designee within the designated time period. Project/committee participation is determined solely by the Chief from those who responded. (Examples of Administrative Overtime include but are not limited to: Uniform Committee, Apparatus Committee, EMS Advisory Committee, and Honor Guard). [till ARTICLE 21 (Continued) Section 7. Employees who are on approved holiday, vacation or personal leave shall not be eligible for mandatory overtime, unless said employee is available. Section 8. Any employee required by the Employer to attend any school, workshop, or seminar, shall be paid at his hourly current rate of pay for any hours of days that he would normally be off duty. Pay for normal off duty time will include travel time, attendance time in the course of the instruction, and return home. Overtime will be paid when overtime requirements have been met. Section 9. Employees who work a forty (40) hour work week shall not be eligible for shift overtime unless no one else has voluntarily requested the overtime. 31 ARTICLE 22 VACATIONS AND HOLIDAYS Section 1. New employees shall accrue 5.54 hours per pay period as holiday compensation. After completing one year of employment with the department, new employees shall be granted 120 hours of vacation leave. At that time the employee will begin accruing leave each bi- weekly pay period (pp) according to the following schedule: Years of Holiday Vacation Method of Maximum Employment Yearly Yearly Accumulation Limit* Total Total 0 -1 yr 144 0 5.54 hrs /pp 264 hrs. 1 -4 yrs 144 120 10.16 hrs /pp 384 hrs. 5 -9 yrs 144 144 11.08 hrs /pp 408 hrs. 10 -14 yrs 144 192 12.93 hrs /pp 456 hrs. 15 -19 yrs 144 216 13.85 hrs /pp 480 hrs. 20- 24 yrs 144 240 14.77 hrs /pp 504 hrs. 25+ yrs 144 264 15.70 hrs /pp 528 hrs. Section 2. Vacation and holiday usage shall be limited to no less than three (3) hour(s), the only exception shall be if less than three (3) hours of a shift is remaining. If a vacation request is denied for an employee who is at his vacation accrual maximum, the excess accumulation will be allowed for a defined period as determined on a case by case basis. Section 3. Employees in the bargaining unit who work an eighty (80) hour pay period shall accrue vacation and holidays in accordance with the schedule found in the Personnel Manual. Employees over the Personnel Manual's maximum vacation accrual at the time of transfer will be allowed to carry forward their current accrued vacation for future use. Employees in the bargaining unit who work an eighty (80) hour pay period must take vacation and holidays in not less than (1/2) hour increments. Section 4. Employees in the bargaining unit who work an eighty (80) hour pay period, shall be eligible for holiday pay at 1 % times the members regular hourly rate when required to work a scheduled holiday. Such members shall also receive an alternate day off. 32 ARTICLE 22 VACATIONS AND HOLIDAYS (Continued) Section 5. Employees in the bargaining unit may donate vacation leave to another employee in the bargaining unit by notifying Human Resources in writing, to include the recipient of the donation and the number of hours. 33 ARTICLE 23 SICK LEAVE Section 1. Employees within the bargaining unit shall earn sick leave in the amount of 216 hours annually. The method of accrual shall be in increments of 8.31 hours per pay period. No employee of the bargaining unit shall accumulate in excess of 1440 hours of sick leave time. Section 2. Sick leave usage shall be limited to no less than three (3) hours, the only exception shall be if less than three (3) hours of a shift is remaining. Employees will have the option to utilize up to an additional seven (7) hours of sick leave during any one hundred twenty (120) hour pay period when scheduled overtime pay would be lost due to sick leave used. Employees in the bargaining unit who work an eighty (80) hour pay period must take sick in not less than one (1) hour increments. Section 3. Fifteen percent (15 %) of accrued sick leave shall be paid to an employee upon service retirement or disability retirement. An employee may instead convert fifteen percent (15 %) of their accrued sick leave to terminal leave. In order to be eligible for this benefit the employee must provide the City sufficient notice of pending retirement and election option. Said notice to be not less than ninety (90) days prior to expected date of retirement. Such pay will be calculated at the employee's rate of pay at the time of disbursement. Upon death, fifty - percent (50 %) shall be paid to the beneficiary of the City provided group life insurance, unless designated otherwise in writing. In the event that an employee is killed in the line of duty, one - hundred percent of the employee's sick leave balance shall be paid to the beneficiary of the City provided group life insurance, unless designated otherwise in writing. Section 4. Fire Department shift employees will be granted two shifts off for funeral leave per occurrence. Employees on a forty (40) hour work week will be granted up to twenty -four (24) hours off for funeral leave per occurrence. Such leave shall be allowed for an employee to attend the funeral of an immediate family member, defined as: spouse, children (including stepchildren), parents (including stepparents), grandparents, grandchild, brother or sister (including step brother or step sister). Funeral leave may also be used by an employee to attend the funeral of his /her spouse's immediate family members as defined above. Such leave must be approved by the Fire Chief and is not charged against any leave accumulation. Funeral leave can be taken in half hour increments. An employee may request to use vacation or sick leave to attend other funerals. CIS ARTICLE 23 SICK LEAVE (Continued) Section 5. After an Employee has accrued 1440 hours of sick leave, he /she shall be eligible to participate in the following sick leave incentive program. If during the fiscal year an employee covered by this agreement uses: 0 shifts of sick leave - such employee shall receive 35% of that employee's monthly base pay. I shift of sick leave - such employee shall receive 27% of that employee's monthly base pay. 2 shifts of sick leave - such employee shall receive 20% of that employee's monthly base pay. 3 shifts of sick leave - such employee shall receive 14% of that employee's monthly base pay. Any Employee covered by this agreement who uses more than three (3) shifts of sick leave during the fiscal year shall not be eligible for this incentive program. Payment for those employees eligible will occur as a lump sum in the first pay period following June 30th of each year. Section 6. Any employee who meets the Sick Leave Incentive criteria established in Section 5 on his/her last day of employment shall be paid a prorated sick incentive based on the percentage of the contract year worked. Section 7. Employees in the bargaining unit who work an eighty (80) hour pay period shall be eligible to participate in the sick incentive program outlined in Section 6, as stated above, after accruing 1000 hours of sick leave. One shift shall be equivalent to eight hours for employees covered by this Section 7. Section 8. Employees within the bargaining unit shall be eligible for incentive pay through only one sick leave incentive plan. Should a member elect and enroll in the Sick Leave Grant/Incentive Plan offered to all employees of the City such member waives his /her right to the Sick Incentive pay herein described in, Section 6 and 7. A member may elect to participate exclusively in the Sick Leave Grant segment of the plan available to all employees and still be eligible for the Sick Leave Incentive herein described in Section 6 and 7. Section 9. Employees in the bargaining unit who work an eighty (80) hour pay period shall accrue sick leave in accordance with the schedule found in the Personnel Manual. 35 ARTICLE 24 COURT AND JURY LEAVE Section 1. Employees who are required to serve as court witnesses or jurors shall be granted time off, subject to the following rules: A. An employee subpoenaed to testify in a court action not arising out of the performance of his duty, involving the federal, state, or municipal government, shall not receive his regular salary, but may use annual leave or be granted a leave of absence without pay for the length of such service. B. An employee serving such duty shall present to his supervisor the original summons or subpoena from the court and, at the conclusion of the duty, a signed statement from the clerk of the court showing the actual dates of attendance at court. C. An employee serving on jury duty or subpoenaed to testify in a court action arising out of the performance of his duty, involving the federal, state, or municipal government, shall be paid his normal rate of pay for that period or the amount paid by the court, high evg whichever is greater. For the purpose of this article, the normal rate of pay shall include "scheduled overtime" pay. [eP ARTICLE 25 Section 1. The Employer shall purchase and replace Employer designated uniforms when, in the opinion of the Fire Chief, such uniforms have fallen below the acceptable level of appearance. Section 2. It is understood that the Employer will provide to each newly hired Employee the following: one (1) short sleeve Class B shirt; one (1) long sleeve Class B shirt; four (4) pair Class C uniform pants; si*-W ten (10) short sleeve Class C shirts; two (2) long sleeve Class C shirts; two (2) pair Class D shorts; the (2) one 1 pair Class D sweatpants; ene (4) two (2) hooded sweatshirts; one (1) winter coat; one (1) tie; one (1) belt; one (1) pair work boots or shoes; k ; one (1) stocking cap; one (1) ball cap; one (1) Bear bag; two (2) nameplates. Section 3. All safety equipment, such as helmets, flashlight, bunk out coats, pants, boots, safety gloves, Nemex and Nomex hood will be furnished by the Employer, in accordance with the rotation plan developed by the Safety and Health Committee, submitted to the Chief by July 1 and approved by the Chief. Section 4. Employer shall repair or replace or reimburse employee at Employer's expense, the current market value, the employee's personal property, clothing and/or equipment which a fire fighter firefighter or medic might be reasonably expected to have on duty or use while performing his duties, which is lost, destroyed or damaged beyond the capability of maintaining a professional appearance or usefulness for his duties. Either the repair, replacement or reimbursement of such items will be at the Employer's discretion. Any damaged property replaced by the Employer shall become the property of the Employer. Further, the Employer, as well as the employee, will cooperate in any investigation regarding said loss or destruction. All requests relating to the repair, replacement or reimbursement of personal property shall be made to the Fire Chief; such requests shall be reviewed by a Peer Board Committee. The Peer Board Committee shall be comprised of the entire membership of the Safety and Health Committee appointed for a term equal to that of their service on the Safety and Health Committee. No action can be taken until such committee shall first consider the request and then recommend action to the Fire Chief. The maximum expense the Employer shall have by virtue of this Article shall be limited to One Thousand Dollars ($1000.00) per bargaining unit member per year. No personal property items will be replaced that are lost, destroyed or damaged while performing routine functions, at the fie station. Section 5. All fiFe fighters firefighters will receive protective clothing, as per standard operating procedure of the department. 37 ARTICLE 25 UNIFORMS (Continued) Section 6. Each contract year the City shall provide each member four hundred fifty dollars ($450.00) worth of approved department duty clothing. Members with less than one (1) year of employment as of July 1st shall receive forty dollars ($40.00) worth of approved department duty clothing for each month of employment, not to exceed four hundred fifty dollars ($450.00). The Fire Chief prior to the budget year shall designate the type of clothing eligible under this Article. Any items purchased in excess of the allocated amount will be the responsibility of the member. The Fire Chief will submit a purchasing list to each member, award appropriate contracts to vendors, and place necessary orders. Members must finalize orders within 60 days of the start of each fiscal year. The City will make every effort to place orders within 90 days of the start of each fiscal year. Any funds remaining following the initial order at the beginning of the fiscal year, may be carried over to a second ordering period, which will occur between January 1st and January 31st There will at no time be any money given to the member by the vendor for any reason pertaining to the clothing purchased with the allocated account. The following items are approved for purchase from the uniform fund: Nomex or 100% cotton shirts (long and short sleeve), uniform pants, light ht lightweight jacket, winter coat, duty shoesiboots, uniform belts, sweatpants, sweatshirt, workout shorts, t -shirts (long and short sleeve), ball caps, and collar brass and nameplate. Additional items may be added to this list by the Fire Chief. The uniform fund may also be used for alterations of approved uniforms, as arranged by the Fire Chief. Section 7. Members of the bargaining unit shall maintain their uniforms in a safe, neat, and presentable condition. Members shall always maintain an extra proper uniform ready for immediate usage at the station, in case the need arises. Section 8. Members of the bargaining unit shall be responsible for replacing their own articles of clothing and uniform with the exception of those items described hereinabove in Section 5 of this Article. 38 ARTICLE 26 INSURANCE Section 1. The Employer shall provide to all members of the bargaining unit Health, Vision and Dental Insurance that includes a basic benefit package selected by the City. The Employer shall be responsible for One Hundred Percent (100 %) of the cost of such coverage along with an annual biometrics screening. Should a member of the bargaining unit elect not to participate in the annual biometrics screening coordinated by the Employer, such Employee shall be charged $25 per month for Medical Insurance. Section 2. The Employer will provide a basic life insurance policy as a supplement to the above- mentioned Health Insurance, of which One Hundred Percent (100 0/0) of the cost of such life insurance shall be paid by the Employer. Section 3. The Employer shall pay that amount contributed on behalf of all other non - managerial City employees as a matter of City policy, as a subsidy for each employee's dependent health care coverage. Should the cost of such dependent health coverage increase, the Employer shall bear such increase in cost. However, should a member elect to not participate in the annual biometrics screening coordinated by the Employer, such Employee's premiums shall increase by $25 per month. The Employer shall also pay a subsidy for each employee's dependent vision and dental insurance in an amount equal to that provided for all other employees if the employee elects to cover such dependents under the City sponsored policy and plan. Section 4. The employer shall provide for retiree participation in the employer group health insurance program pursuant to the terms and conditions of 11 O.S.:23 -108. 1111] ARTICLE 27 Section 1. The employer shall reimburse tuition, under the limitations hereinafter set forth in this Article, for required courses leading to a Bachelors Degree in Fire Science, or approved related field. The course(s) on which reimbursement will be requested must be approved by the Department Director prior to enrollment (Personnel Form number 10). The tuition herein provided shall be the actual tuition designated for the institution attended, but shall not exceed the per hour Enrollment Fee amount for Comprehensive Universities as designated in the "Student Fees" book Approved at Institutions in the Oklahoma System of Higher Education established by the Oklahoma State Regents for Higher Education. A copy of the "Student Fees" book may be reviewed in the City Human Resources prior to seeking reimbursement. In addition to the tuition reimbursed, the City agrees to pay toward fees, three dollars ($3.00) per credit hour completed in accordance with the reimbursement criteria. Employees must maintain at least 2.0 on a 4.0 scale or a minimum of a "C" grade on a letter grade scale in each course. Failure to maintain a "C" grade in a course will result in non- payment of tuition for those hours. Upon verification of satisfactory completion of the course, reimbursement for tuition shall be made to the employee. New Section 2. The emplover shall reimburse tuition, under the limitations hereinafter set forth in this Article, for required courses leading to a Master's Degree in Fire Science, or approved related field. The degree plan and course(s) on which reimbursement will be requested must be approved by the Department Director and City Manager prior to enrollment (Personnel Form number 10). The tuition herein provided shall be the actual tuition designated for the institution attended, but shall not exceed the per hour Enrollment Fee amount for Comprehensive Universities as designated by the Oklahoma State Regents for Higher Education. In addition to the tuition reimbursed, the City agrees to pay toward fees, three dollars ($3.00) per credit hour completed in accordance with the reimbursement criteria. Employees must maintain at least a 3.0 on a 4.0 scale or a minimum of a "B" grade on a letter grade scale in each course. Failure to receive a "B" grade in a course will result in non - payment of tuition for those hours. Upon satisfactory completion of the course(s), reimbursement for tuition shall be made to the employee. Section 2 3. If an employee voluntarily or involuntarily separates from employment within three years of the last tuition reimbursement, and /or within three years of the last payment 40 made by the Employer for Paramedic classes for that employee, the employee will be required to repay 100% of the tuition reimbursement and /or cost incurred for Paramedic classes during that three year period. Prior to receiving tuition reimbursement and/or enrollment in Paramedic classes to be paid by the Employer, the employee must complete an "Education/Training Repayment Agreement." Attached Appendix D. 41 ARTICLE 28 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the successors and assigns of the parties hereto during the term of this contract; and, no provisions, terms or obligations herein contained shall be affected, modified, altered or changed in any respect whatsoever, by the consolidation, merger or annexation, transfer or assignment, of either party hereto, or affected, modified, altered or changed of any kind in the ownership or management of either party hereto, or by any change geographically of place of business of either party hereto. 42 ARTICLE 29 SAVINGS CLAUSE Section 1. If any provision of this Agreement or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provisions or application, and to this end, the provisions of this Agreement are severable. Section 2. It is understood that the foregoing is a complete understanding of all the terms and conditions of employment to be governed by this Agreement during the contract period and it cannot be altered in any manner, save by the complete written concurrence of the parties subscribing hereto. Section 3. Any appendices to this Agreement shall be numbered, dated and signed by the Employer and the Union and shall be subject to the provisions of this agreement unless the terms of said appendices specifically delete or change a provision of this Agreement, and all appendices shall become a part of this Agreement as is specifically set forth herein. Section 4. It is understood that all time limits found in this Agreement may be extended by mutual concurrence. Section 5. Nothing herein should preclude the City from being in compliance with the Americans with Disabilities Act. IN ARTICLE 30 LONGEVITY Section 1. Longevity shall be paid at the rate of $0.10 (ten cents) per year of service commencing on the employee's fifth employment anniversary. 44 ARTICLE 31 RETIREMENT AND PENSION Employer and employee shall contribute toward the Oklahoma Firefighters Pension and Retirement System per requirements of State Statutes. 45 ARTICLE 32 PHYSICAL FITNESS PROGRAM Section 1. The Physical Fitness Test outlined in Appendix E will be administered bi- annually in October and April by the Fire Chief or designee and the Safety and Health Officer. Members of the bargaining unit who voluntarily participate and successfully complete the Physical Fitness Test, as established in Appendix E, will receive twenty -four (24) hours of comp time credited to their comp balance following the successful completion of each test, for a maximum annual accrual of forty -eight (48) hours of comp time. 01 ARTICLE 33 DRUG & ALCOHOL TESTING The Union and its bargaining unit members agrees to comply with all of the provisions described in the Substance Abuse Policy as described in the attached Appendix "C ". 47 SIGNATURE PAGE IN WITNESS WHEREOF, the parties have hereunto set their hands this _ day of .2023. CITY OF OWASSO, OKLAHOMA A Municipal Corporation ATTEST: Kelly Lewis, Mayor Juliann M. Stevens, City Clerk INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL NO. 2789 In IAFF President ATTEST: APPROVED AS TO FORM: Julie Lombardi, City Attorney EP APPENDIX A The rates contained within the Appendix A pay plan do not include compensation which may be added to the base rate as provided in Article 20, Section 5; Article 20, Section 6; and Article 31. Pay Plan A (Effective July 1, 2021) "Pay Plan B" (Effective January 1, 2023) N wa FF18asic EMT 14.27 4 FFnnt FIAT 15.46 15. FF- Paramedic 17.57 18.16 Lieutenant 1845 1906 Cpt C ChiersfflAlE1AS IAgr "Pay Plan B" (Effective January 1, 2023) Pav Plan B Effective 7 /1/2024 FF/Basic EldT 16.48 17.03 17.60 18.19 18.81 19.39 20 20.73 21.42 2217 8 19.35 2000 . 20.66 21.35 22.08 7 23.54 24.32 25.14 19. 20.33 21.01 2189 22.42 2 23.93 24.72 25.53 26.40 20.50 21.18 23.08 23.86 24.87 . 0 26.36 27.25 28.16 29.12 19.53 2019 . 20.84 21.54 28 29.84 30.02 31.68 32.74 3386 Pav Plan B Effective 7 /1/2024 FF /Basic /Advanced EMT, 18.421 18.99. 19.59 FFdnt FIAT 16.36 16.89 17.45 18.04 18.64 19.28 19-BB 20.56 5 2196 22.72 FF- Paramedic 18.01 18.61 19.23 19.84 20.50 21.18 21.88 22.61 23.34 24. 24.93 25.77 Lieutenant 18.91 19.53 2019 . 20.84 21.54 2223 22.98 23.75 24.53 25.34 7 06 Cpt 23.84 24.45 25.29 26.14 27.02 27.94 28. % 28.85 Chief MS Mgr 29.37 30.38 31.39 32.47 33.56 4421,L 0 Pav Plan B Effective 7 /1/2024 FF /Basic /Advanced EMT, 18.421 18.99. 19.59 20.231 20.891 21.58 22.311 2198 23.751 24.531 25.34 26.20 FFllnt EMT 18_42] 18.991 19.59 FF- Paramedic 1 21.201 21.871 23.28 24.021 25.20 24.79 25.98 25.591 26.83 26.41 27.71 27.24_2812; 28.591 29.50 29.04 30.45 29.99 31.46 _22.581 Lieutenant 22211 22.921 23.6724.41 Cwt -- 27.58 28:50 29.45 30.411 31.411 3245 33.50 34.62 ChiefslFWEMS Mgr -- 34.07 35.961 36.371 37.59 38.82 40.11 ELI APPENDIX A (Continued) Article 20 Degree in field of Fire Protection Degree not in the field of Fire Education Propay* Technology, Nursing or EMS Protection Technology, Nursing, or EMS Associates Degree thirty-nine cents per hour ($0.39) twenty cents per hour ($0.20) Bachelor's Degree fifty -nine cents per hour ($0.59) thirty -nine cents per hour ($0.39) Master's Degree sixty -nine cents per hour ($0.69) forty -nine cents per hour ($0.49) rarncic2v EAIT Prepay* Article 20 Other Propays • Fleet Manager, eighty -three cents per hour ($0.83/hr)* • IFSAC, Proboard or other Instructor II certification (rank/grade of Captain and above) thirty-nine cents per hour ($0.39).* • Hazardous Materials Technician certification, twenty-nine cents per hour ($0.29)* • Car Seat Installation certification, fifteen cents per hour ($0.15)* *This is not intended to represent the entirety of Article 20. 50 APPENDIX B Section 1. The following pay items were removed contract year 2006 -2007 at which time they were included in the base pay provided in Appendix A. All items listed below are no longer applicable as of the 2006 -2007 contract. Article 20— Incentive Pro -Pay of $0.07 per hour Article 25— Cleaning Allowance of $0.13 per hour Article 25 —Bed Linen Allowance of $0.01 per hour Article 32— Employer paid 4% of Employee's contribution toward Oklahoma Firefighters Pension and Retirement System Section 2. The following pay item was removed effective January 1, 2009 at which time it was included in the base pay provided in Appendix A. The item listed below is no longer applicable as of the 2009 -2010 contract. Article 20 —EMS Manager Pro -Pay of $1.00 per hour Section 3. The following pay item was removed effective July 1, 2015 at which time it was included in the base pay provided in Appendix A. The item listed is no longer applicable as of the 2016 -2017 contract. Working Out of Class Pay 51 APPENDIX C SUBSTANCE ABUSE POLICY Alcohol and drug abuse have an adverse effect on job performance, create dangerous situations, and serve to undermine our community's confidence in the Fire Department. The department cannot and will not condone drug or alcohol abuse on the part of its employees, nor will it condone any employee behavior related to alcohol and /or illegal drugs on or off the job that may serve to damage the department's reputation. The policy concerning drug and alcohol use and abuse is a follows: 1. The Department will not hire anyone who is known to currently abuse substances. 2. The Department will educate and inform its employees about the health consequences of drug and alcohol abuse. 3. Employees must report to work in a fit condition to perform their duties. Being under the influence of drugs or alcohol is not acceptable. 4. Any employee on department business, on or off City premises, is prohibited from purchasing, transferring, using, or possessing illicit drugs or using alcohol or prescription drugs in a way that is illegal. 5. Employees will not be terminated for voluntarily seeking assistance for a substance abuse problem; however, continued performance, attendance, or behavioral problems may result in disciplinary action. 6. Employees on physician- prescribed medication must notify the Chief or his /her designee, if there is a likelihood that such medication could affect job performance and safety. 7. Employees who are convicted, plead guilty, or who plead no- contest for off -duty drug or alcohol involvement may be considered to be violation of the policy. 8. All available assistance programs shall be made available to the employee, either at the request of the employee, or as a requirement for continued employment, based on factual evidence of a substance abuse problem. 9. No illegal drugs, alcoholic beverage or liquor shall be brought into, or stored in or on any City Property. 10. Drug testing shall be conducted according to the policies and procedures outlined in this policy as well as the applicable existing Federal and Oklahoma State laws and regulations (Standards for Workplace Drug and Alcohol Testing Act, Title 40, Sec. 554). Conditions under which an applicant/employee will be tested are: 52 APPENDIX C SUBSTANCE ABUSE POLICY (Continued) a. Applicants for employment once a conditional offer of employment has been made. b. For existing employees on the basis o£ Reasonable Suspicion. ii. Post - Accident where the employee or another person has sustained a work - related injury or the employer's property has been damaged, including damage to equipment, in an amount reasonably estimated at the time of the accident to exceed five hundred dollars ($500.00). iii. Post - rehabilitation testing. iv. Random testing. 11. Failure to submit to a required drug or alcohol test or having a confirmed positive result of such a test will subject the employee to disciplinary action. 12. The City will pay for all City required drug/alcohol testing as required for the proper administration of this policy. 13. In addition the City will pay for a second test at a separate certified facility if a second test is requested by the employee immediately following the first test. 14. If requested by the employee, the City agrees to pay for a blood test at a certified facility to test carbon monoxide levels. Definitions used in the policy_ I. The "Act" means the Standards for Workplace Drug and Alcohol Testing Act of the State of Oklahoma. 2. "Alcohol" means ethyl alcohol or ethanol. 3. "Applicant" means a person who has applied for a position with the City. 4. "Board" means the State Board of Health. 5. "The City" means the City of Owasso. 6. "Confirmation test" means a drug or alcohol test on a sample to substantiate the results of a prior drug or alcohol test on the same sample and which uses different chemical principles and is of equal or greater accuracy than the prior drug or alcohol test. 7. "State Department" means the State Department of Health. 8. "Drug" means ^Mid amphetamines, cannabinoids, cocaine, phencyclidine (PCP), hallucinogens, methaqualone, opiates, barbiturates, benzodiazepines, synthetic narcotics, designer drugs, or a metabolite of any of the substances listed herein. 53 APPENDIX C SUBSTANCE ABUSE POLICY (Continued) 9. "Drug or alcohol test" means a chemical test administered for the purpose of determining the presence or absence of a drug or its metabolites or alcohol in a person's bodily tissue, fluids or products. 10. "Employee" means any member of the Fire Department (for interpretation of this policy only). 11. "Employer" means the City of Owasso. 12. "Random selection basis" means a mechanism for selecting employees for drug or alcohol testing that: a. Results in an equal probability that any employee from a group of employees subject to the selection mechanism will be selected, and b. Does not give an employer discretion to waive the selection of any employee selected under the mechanism. 13. "Reasonable suspicion" means a belief that an employee is using or has used drugs or alcohol in violation of the City's written policy. This belief must be based on objective and stated facts and reasonable inferences drawn from those facts in light of experience, and may be based upon, among other things: a. Observable phenomena, such as: L The physical symptoms or manifestations of being under the influence of a drug or alcohol while at work or on duty, or ii. The direct observation of drug or alcohol use while at work or on duty. b. A report of drug or alcohol use while at work or on duty, provided by reliable and credible sources and which has been independently corroborated; c. Evidence that an individual has tampered with a drug or alcohol test during his/her employment with the City of Owasso, or d. Evidence that an employee is involved in the use, possession, sale, solicitation or transfer of drugs while on duty or while on the employer's premises or operating the employer's vehicle, machinery or equipment. 14. "Review officer" means a person, qualified by the State Board of Health, who is responsible for receiving results from a testing facility which have been generated by the City's drug or alcohol testing program, and who has knowledge and training to interpret and evaluate an individual's test results together with the individual's medical history and any other relevant information. 54 APPENDIX C SUBSTANCE ABUSE POLICY (Continued) 15. "Sample" means tissue, fluid or product of the human body chemically capable of revealing the presence of drugs or alcohol in the human body. 16. "Testing facility" means any person, including any laboratory, hospital, clinic or facility, either off or on the premises of the employer, which provides laboratory services to test for the presence of drugs or alcohol in the human body. Drug or Alcohol Testing Restrictions: The employer may only request or require an applicant or employee to undergo testing under the following circumstances. 1. Applicant testing: The City may require ajob applicant, upon a conditional offer of employment, to undergo drug or alcohol testing and may use a refusal to undergo testing or a confirmed positive test result as a basis for refusal to hire, provided that such testing does not violate the provisions of the Americans with Disabilities Act of 1990, and provided that such testing is required for all applicants who have received a conditional offer of employment for a particular employment classification. 2. Reasonable suspicion testing: The City may require an employee to undergo drug or alcohol testing if the employer has a reasonable suspicion that the employee has violated the City's written substance abuse policy. 3. Post - Accident testing: The City may require an employee to undergo drug or alcohol testing if the employee or another person has sustained a work - related injury or the employer's property has been damaged, including damage to equipment, in an amount reasonably estimated at the time of the accident to exceed five hundred dollars ($500.00). 4. Random testing: The city may require an employee to undergo drug or alcohol testing on a random selection basis. 5. Post - rehabilitation testing: The City may require an employee to undergo drug or alcohol testing without prior notice for a period of up to two (2) years commencing with the employee's return to work, following a confirmed positive test, or following participation in a drug or alcohol dependency treatment program under an employee benefit plan or at the request of the employer. 55 APPENDIX C SUBSTANCE ABUSE POLICY (Continued) Confidentiality of Testing Results and Records Disclosure of General health Information Prohibited: The City shall maintain all drug and alcohol test results and related information, including, but not limited to, interviews, reports, statements and memoranda, as confidential records, separate from other personnel records. Such records, including the records of the testing facility, shall not be used in any criminal proceeding, or any civil or administrative proceeding, except in those actions take by the employer or in any action involving the individual tested and the employer or unless such records are ordered released pursuant to a valid court order. 2. The records described above shall be maintained by the employer and shall be the property of the employer, and, upon the request of the applicant or employee tested, shall be made available for inspection and copying to the applicant or employee. The employer shall not release such records to any person other than the applicant, employee or the employer's review officer, unless the applicant or employer, in writing following receipt of the test results, has expressly granted permission for the employer to release such records or pursuant to a valid court order. 3. A testing facility, or any agent, representative or designee of the facility, or any review officer, shall not disclose to any employer, based on the analysis of the sample collected from an applicant or employee for the purpose of testing for the presence of drugs or alcohol, any information relating to: a. The general health, pregnancy or other physical or mental condition of the applicant or employee, or b. The presence of any drug other than the drug or its metabolites that the employer requested be identified and for which a medically acceptable explanation of the positive result, other than the use of drugs, has not been forthcoming from the applicant or employee. Provided, however, a testing facility shall release the results of the drug or alcohol test, and any analysis and information related thereto, to the individual tested upon his or her request. me APPENDIX D EDUCATION/TRAINING REPAYMENT AGREEMENT The undersigned, for and in consideration of the City of Owasso, Oklahoma's incurrence of costs associated with my educational enhancement and or Paramedic training, hereby agrees that if and in the event I should voluntarily or involuntarily separate from employment with the City of Owasso, Oklahoma, within three (3) years from the date of the last payment for my tuition reimbursement and /or Paramedic classes, then in such event I will reimburse the City of Owasso, Oklahoma, one hundred percent (100 %) of all expense incurred by said City for my tuition reimbursement and/or cost incurred for my Paramedic classes. In connection herewith, I hereby authorize the City of Owasso, Oklahoma, to withhold from my final pay any sum due and owing to the City of Owasso, Oklahoma, by virtue of the foregoing. Further, it is my understanding that execution of this repayment agreement does not constitute an agreement on the part of the City of Owasso, Oklahoma, to employ me for any term of years, or portions thereof. Employee S State of Oklahoma County of Date: On this day of , 20. before me, the undersigned, a Notary Public in and for the County and State aforesaid, personally appeared to me, known to be the identical person who executed the above and acknowledged to me that the above was executed as a free and voluntary act and deed for the uses and purposes therein set forth. Given under my hand and seal the office the day and year last above written. Notary Public My Commission Expires (Seal) 57 APPENDIX E PHYSICAL FITNESS TEST To promote and encourage wellness through physical activity, the Fire Chief or designee and the Safety and Health Officer or designee will administer a Physical Fitness bi- annually. Such test will consist of four parts. Part 1: 1.5 Mile Timed Run In order to successfully pass the timed run participants must complete the run within the established number of minutes /seconds, based upon his /her age at testing date. Age: <30 30 -39 40 -49 50 -59 60+ Run Time: 13:36 14:00 14:52 16 :22 18:14 Part 2: Push -ups In order to successfully pass the push -ups portion of the Physical Fitness Test participants must complete the established number of push -ups based upon his/her age at the testing date, within a two minute time limit. Push -ups require humerus to be level with the ground at the bottom of each rep and elbows locked at the top of each rep. Pausing at the top of the rep for no less than one second is required to assure participants are not using momentum from the previous rep. If a participant shall- rests, it skaN must be in the plank position with only hands and feet touching the ground. Age: <30 30 -39 40 -49 50 -59 60+ Push -ups: 33 27 21 15 14 Part 3: Sit -ups In order to successfully pass the sit -ups portion of the physical fitness test participants must complete the established number of sit -ups based upon his /her age at testing date, within a two minute time limit. Sit -ups require hands lesked behind touching the head, knees bent, chest touching knees at top of rep, and no greater than one inch of space between shoulder blades and ground at the bottom of the rep. Age: <30 30 -39 40 -49 50 -59 60+ Sit -ups: 42 39 34 28 22 The following options are available to individuals participating in the physical fitness test. Option A: Step Mill in Lieu of 1.5 Mile Run Participants can elect to complete ten minutes on a step mill (Stairmaster) in lieu of the 1.5 mile run. In order to substitute the step mill for the run, the step mill must be set on program three, 58 '"r"euIty level six to aerobic training, enter body weight, set to level 10 for 10 minutes. There will be no age adjustment for the step mill option. In the event a Step Mill is not available participants can elect to walk 3 miles in 38 minutes following criteria established by the Oklahoma Firefighters Pension and Retirement System. APPENDIX E PHYSICAL FITNESS TEST (Continued) Option B: Pull -ups in Lieu of Push -ups, or Sit -ups, or Abdominal Cirownferenee. Participants can elect to complete ten pull -ups in lieu of either the push -ups, sit -ups er abdominal In order to substitute pull -ups for one part of the test participants must complete ten reps with palms away, chin over bar, and complete stop at bottom with arms fully extended. Pull -ups can only replace one of the three two requirements mentioned in this option. 59 BACKGROUND: As the City continues to grow, more citizens are requesting quality of life options within the community. One of the reoccurring appeals has been for adult sports. The City typically partners with user groups to offer sports programming (youth sports), but no association has shown interest or willingness to partner with the City for adult sports. The Recreation and Culture Department assembled an Advisory Leadership Team of community members to assist in the creation and development of possible adult sport leagues. Team members included Ray Adcock, Jonathon Shepherd, Keith Tew, Josh Hutchinson, and Scott Lasson. The team determined adult softball was the most desired adult sport, and the most reasonable to pursue. To effectively gauge the interest and program viability, the City offered a pilot Summer Adult Men's and Co -ed Softball League of no charge to the participants. A total of twenty -four teams registered for the leagues consisting of six Men's teams and eighteen Co -ed teams. Toward the end of the season, staff surveyed all participants asking the three questions shown below. Results are as follows: 1) Following the conclusion of this league, would you be interested in playing in a Fall League from mid - August to mid - October 2023? YES -97% NO -3% 2) Following the conclusion of the hypothetical Fall league, would you be interested in an end -of- season single elimination tournament? YES -92% NO -8% 3) Would you be interested in participating in a Tulsa area USSSA sanctioned tournament hosted in Owasso? YES -82% NO -18% OPERATIONS: Operations for the pilot league were managed by Josh Quigley, a member of the Recreation and Culture Department. SANCTIONING: All leagues will be sanctioned by the United States Specialty Sports Association ( USSSA) Adult Softball because of its established presence in the Tulsa Metro area. Sanctioning a league provides: • Credibility and awareness within the sanctioning region of the Tulsa Metro area • Access to umpires and scheduling • Opportunities to partner with other USSSA sanctioned leagues for tournaments TO: The Honorable Mayor and City Council FROM: Larry Langford, Director of Recreation and Culture SUBJECT: Resolution 2023 -16, Adult Softball Fee DATE: July 14, 2023 BACKGROUND: As the City continues to grow, more citizens are requesting quality of life options within the community. One of the reoccurring appeals has been for adult sports. The City typically partners with user groups to offer sports programming (youth sports), but no association has shown interest or willingness to partner with the City for adult sports. The Recreation and Culture Department assembled an Advisory Leadership Team of community members to assist in the creation and development of possible adult sport leagues. Team members included Ray Adcock, Jonathon Shepherd, Keith Tew, Josh Hutchinson, and Scott Lasson. The team determined adult softball was the most desired adult sport, and the most reasonable to pursue. To effectively gauge the interest and program viability, the City offered a pilot Summer Adult Men's and Co -ed Softball League of no charge to the participants. A total of twenty -four teams registered for the leagues consisting of six Men's teams and eighteen Co -ed teams. Toward the end of the season, staff surveyed all participants asking the three questions shown below. Results are as follows: 1) Following the conclusion of this league, would you be interested in playing in a Fall League from mid - August to mid - October 2023? YES -97% NO -3% 2) Following the conclusion of the hypothetical Fall league, would you be interested in an end -of- season single elimination tournament? YES -92% NO -8% 3) Would you be interested in participating in a Tulsa area USSSA sanctioned tournament hosted in Owasso? YES -82% NO -18% OPERATIONS: Operations for the pilot league were managed by Josh Quigley, a member of the Recreation and Culture Department. SANCTIONING: All leagues will be sanctioned by the United States Specialty Sports Association ( USSSA) Adult Softball because of its established presence in the Tulsa Metro area. Sanctioning a league provides: • Credibility and awareness within the sanctioning region of the Tulsa Metro area • Access to umpires and scheduling • Opportunities to partner with other USSSA sanctioned leagues for tournaments Adult Softball Fees Page 2 FEES: Staff is proposing a fee to cover the expenses of a City- managed adult softball league. Should City Council be supportive of the proposed league and associated fees, then Council action would be required to enable the collection of such. Below is a fee comparison of cities of Tulsa and Broken Arrow for like programs, and the proposed fees for a City- managed program: Surrounding Area Fee Comparisons: CITY LOCATION TEAM FEE # OF GAMES UMPIRE FEE Tulsa Carl Smith $460 12 $15 Broken Arrow Challenger $500 12 $20 Fee Proposal: CITY LOCATION TEAM FEE # OF GAMES UMPIRE FEE Owasso Sports Park $400 12 $15 Fees include: • League Sanctioning Fees - Annual $625 for league to USSSA • Team Sanction Fee - Seasonal $20 per team to USSSA • Field preparation - $75 per field per day • One dozen balls - $70 per team • $60 refundable umpire forfeit deposit fee • City staff to supervise and liaison RECOMMENDATION: Staff recommends approval of Resolution 2023 -16, establishing a fee for Adult Softball managed by the City and amending the Comprehensive Rate and Fee Schedule to include the new fee. ATTACHMENT: Resolution 2023 -16 CITY OF OWASSO, OKLAHOMA RESOLUTION 2023 -16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, ESTABLISHING A NEW FEE FOR THE RECREATION AND CULTURE DEPARTMENT, AMENDING THE CITY'S COMPREHENSIVE MASTER RATE AND FEE SCHEDULE, AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the City Council and City staff desire to compile all rates and fees into one comprehensive master schedule that provides a single source listing of fees, utility rates, and other charges for services; and, WHEREAS, the City Council desires to establish a new fee for an adult softball league to be managed by the Recreation and Culture Department staff and update the comprehensive master schedule for users of city facilities and services. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: SECTION ONE: The following fee is established for a City- managed Adult Softball League and shall become effective September 1, 2023: Team Fee Per Team $400.00 SECTION TWO: The City of Owasso Comprehensive Master Rate and Fee Schedule shall be amended to include the fee charged by the City of Owasso for services as shown above in Section One. ATTEST: Juliann M. Stevens, City Clerk APPROVED AS TO FORM: PASSED AND APPROVED this 18th day of July, 2023 Kelly Lewis, Mayor Julie Lombardi, City Attorney TO: The Honorable Mayor and City Council FROM: Chris Roberts, Fleet & Facility Maintenance Superintendent SUBJECT: Vehicle Leasing from Enterprise Fleet Management, Inc.. DATE: July 14, 2023 BACKGROUND: On August 3, 2021, City Council approved the Master Equity Lease Agreementwith Enterprise Fleet Management, Inc. The Master Equity Lease Agreement establishes the business relationship between the City and Enterprise Fleet Management, Inc., which allows staff to initiate capital - leasing arrangements for vehicles proposed as part of the FY 2024 Budget. A shortage in new - vehicle inventory has created delays in the delivery of lease vehicles ordered as for back as 2022. Included in an order placed in 2023 is a Y2 -ton pickup truck proposed as a new addition to the Police Department fleet. Enterprise Fleet Management recently notified staff that the truck is being prepared for delivery. To move forward, staff is seeking approval to enter into a forty- eight -month lease with Enterprise Fleet Management, Inc. for a 2023 Dodge Ram 1500 pickup truck at a lease rate of $1,220.45 per month. As a reminder, the forty- eight -month leasing period extends beyond FY 2024, thus future payments due in months beyond June 2024 are contingent upon annual appropriations by the City Council. The leasing period does not begin until the vehicle is delivered to the City for use. FUNDING: Funding is available in the Police Department Budget. RECOMMENDATION: Staff recommends approval of an Open -End (Equity) Lease from Enterprise Fleet Management, Inc., of Clayton, Missouri, for a lease period of forty -eight months, contingent upon annual appropriations by the City Council, and authorization to execute all necessary documents to lease one (1) 2023 Dodge Ram 1500 pickup truck at a lease rate of $1,220.45 per month. TO: The Honorable Mayor and City Council FROM: Roger Stevens, Public Works Director SUBJECT: Right -of -Way Acquisition - East 106th Street North and North 129th East Avenue Intersection Improvement Project DATE: July 14, 2023 BACKGROUND: City staff is currently involved in the acquisition of right -of -way and easements for the East 106th Street North and North 129th East Avenue intersection improvements. As part of those acquisitions, negotiations for the purchase of land from Thomas Thorisch and Alexa Kay Larson Thorisch for 919.17 square feet of right -of -way and 7,862.6 square feet of permanent utility easement, and from Cynthia Gwen Johnson for 7,771.10 square feet of right -of- way have been successfully completed and staff is seeking City Council authorization to purchase the land. DESCRIPTION /PURCHASE PRICE: Thomas Thorisch and Alexa Kay Larson Thorisch (Parcel 4 0 4.1) - The settlement offer for the right -of -way is approximately $5.00 per square foot, for the purchase price of $4,595.00. Compensation for easement and other damages in the amount of $35,405.00 is in addition to the right -of -way cost, for a total offer of $40,000.00. Cynthia Gwen Johnson (Parcel 17) - The settlement offer for the right -of -way is approximately $4.32 per square foot, for the purchase price of $33,584.00. FUNDING: Funding fpr this purchase is included in the project budget from the Capital Improvements Fund RECOMMENDATION: Staff recommends authorization for payment in the amount of $40,000.00 to Thomas Thorisch and Alexa Kay Larson Thorisch for the acquisition of right -of -way and compensation for easement and damages located at 12803 East 106th Street North. (Agenda Item # 12) Staff recommends authorization for payment in the amount of $33,584.00 to Cynthia Gwen Johnson for the acquisition of right -of -way located at 10545 North 1271h East Avenue. (Agenda item # 13) ATTACHMENTS: Site Map Claim Forms) E 106 St N and N 129 E Ave Intersection Improvements - Land Acquisition 1" = 187 ft Sub Title 07/11/2023 This map may re resen-s a visual display of r=_la-ed geographic information. Data provided here on is no: guarantee of actual field conditions. To be sure of complete accuracy, please con-act the responsible steffpflo mast up- to-date information Gwen Johnson 395 14=19 OBJECT AIAM4T FOF $33,584.00 nEwvsr Opylwnf OeDVxnertvl TrvaWa!fa(at ASSIGNMEI:T DATE PURCHASE DATE Payment for rightwbway and any and all damages including: Payment for the purchase of 0.1784 acres of permanent right of way (P17) $33,584.00 Improvements: None Damages: None JIP No.: 33317(04) Project: E. 106th SL N and N 129th E. Ave County: Tulsa Parcel: 17 CLAIM 1 OF 7 Tra u.etobwe mamdw wa,y.wea.9ag <n; mlaMrla3e, tdng ramlA mr.m.nnabfan N•INh ram a Ism:eawmlma arcwnsalas NMlxew <M1mI[sroewmMNw.zznaxngwsazfnx.n aeon rompmbew avW"J^OW J_re,.�ia Jpw I Audr m 5 00 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 06117/23 Department Payroll Expenses Total Expenses 105 Municipal Court 6,377.81 9,958.27 110 Managerial 26,890.44 36,933.18 120 Finance 20,625.81 31,354.16 130 Human Resources 12,232.17 18,686.69 160 Community Development 21,937.18 32,595.68 170 Engineering 22,177.61 33,686.68 175 Information Systems 21,895.08 30,295.39 181 Building Maintenance 14,46031 21,477.12 190 Cemetery 404.64 1,740.38 201 Police Grant Overtime 1,751.88 1,774.90 215 Central Dispatch 2,774.56 4,084.72 221 Animal Control 5,473.95 7,792.86 280 Emergency Preparedness 2,627.02 3,627.78 370 Stormwater /ROW Maint. 8,062.97 13,067.62 515 Park Maintenance 11,434.94 17,558.35 520 Culture /Recreation 9,369.42 14,942.51 550 Community - Senior Center 8,385.49 10,946.35 580 Historical Museum 832.40 929.37 720 Strong Neighborhood 391.13 482.90 General Fund Total 198,105.21 291,934 91 185 Vehicle Maintenance Fund Total -8,6-8-1,76- 14,520.95 255 Ambulance Fund Total 553.85 618.38 215 E911 Communication 25,880.44 39,254.84 250 Fire Fund 37 Total 220,478.22 333,489.70 201 Police Fund 38 Total 202,488.36 306,787.66 300 Streets Fund 39 Total 21,981.71 38 830.05 370 Stormwater Fund 27 Total 5,661.04 9,391.56 150 Worker's Compensation Total 3,461.90 4,096.20 720 Strong Neighborhoods Total 4,531.49 6,436.58 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 07/01123 Department Payroll Expenses Total Expenses 105 Municipal Court 6,563.05 10,342.65 110 Managerial 28,417.17 39,050.99 120 Finance 20,314.53 31,485.79 130 Human Resources 12,924.07 19,735.52 160 Community Development 21,682.10 32,657.81 170 Engineering 22,971.86 35,082.99 175 Information Systems 20,185.18 29,052.67 181 Building Maintenance 13,445.46 19,997.03 190 Cemetery 414.72 1,837.41 201 Police Grant Overtime 3,085.68 3,126.69 215 Central Dispatch 2,843.92 4,213.64 221 Animal Control 5,771.20 8,189.26 280 Emergency Preparedness 2,692.70 3,735.78 370 Stormwater /ROW Maint. 14,100.01 20,047.80 515 Park Maintenance 12,757.63 19,401.55 520 Culture /Recreation 10,016.39 15,937.83 550 Community- Senior Center 8,573.32 11,246.05 580 Historical Museum 1,254.40 1,400.53 720 Strong Neighborhood 392.92 485.04 General Fund Total 208,406.31 307,027.03 185 Vehicle Maintenance Fund Total 10-15-5- 5,79 17,580.15 255 Ambulance Fund Total 553.85 618.38 215 E911 Communication 26,510.36 39,658.92 250 Fire Fund 37 Total 216,069.38 333,407.28 201 Police Fund 38 Total 261,934.56 375,232.10 300 Streets Fund 39 Total 28,766.14 47,552.05 370 Stormwater Fund 27 Total 5,413.39 9,233.87 150 Worker's Compensation Total 6,904.07 8,178.61 720 Strong Neighborhoods Total 4,603.21 6,582.35 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 6/29 VENDOR DESCRIPTION AMOUNT AETNA HEALTHCARE MEDICAL SERVICE 152,301.30 HEALTHCARE MEDICAL SERVICE 66,339.54 HEALTHCARE MEDICAL SERVICE 32,604.81 HEALTHCARE MEDICAL SERVICE 109,865.25 ADMIN FEES 16,274.61 STOP LOSS 104,116.07 HEALTHCARE DEPT TOTAL 481,501.58 DELTA DENTAL DENTAL MEDICAL SERVICE 4,285.34 DENTAL MEDICAL SERVICE 5,106.96 DENTAL DEPT TOTAL 9,392.30 VSP ADMIN FEES 1,430.05 ADMIN FEES 87.80 VISION DEPT TOTAL 1,517.85 HEALTHCARE SELF INSURANCE FUND TOTAL 492,411.73 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 7/13 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE ADMIN FEES STOP LOSS HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE ADMIN FEES DENTAL DEPT TOTAL VSP VISION MEDICAL SERVICES VISION MEDICAL SERVICES VISION DEPT TOTAL HEALTHCARE SELF INSURANCE FUND TOTAL AMOUNT 49,813.01 84,190.96 2,300.40 49,055.15 12,335.61 99,175.01 296,870.14 5,577.69 3,223.55 8,801.24 2,932.75 165.50 3,098.25 308,769.63 CITY OF OWASSO GENERAL FUND 8 HALF -PENNY SALES TAX FISCAL YEAR 2022.2023 Budgetary Basis Statement of Revenues & Expenditures As of June 30, 2023 Q: \Finance (120)\Accounting \Reports \Current FY\GF Financials MONTH YEAR PERCENT TO -DATE TO -DATE BUDGET OF BUDGET REVENUES: Taxes $ 3,779,945 $ 46,068,759 $ 45,133,932 102.07% Licenses & permits 27,167 301,897 324,752 92.96% Intergovernmental 90,765 1,344,286 1,473,737 91.22% Charges for services 71,355 803,148 781,157 102.82% Fines & forfeits 24,746 397,015 181,100 219.22% Other 8,110 199,799 182,373 109.56% Interest 39,958 303,031 77,446 391.28% TOTAL REVENUES $ 4,042,045 $ 49,417,935 $ 48,154,497 102.62% EXPENDITURES: Personal services $ (1,920,440) $ (23,728,111) $ (25,330,558) 93.67% Materials & supplies (142,420) (1,682,322) (2,085,103) 80.68% Other services (383,557) (2,888,312) (4,008,354) 72.06% Capital outlay (269,441) (2,044,586) (8,571,074) 23.85% Deferred Budget - COVID Grant 0.00% TOTAL EXPENDITURES $ (2,715,858) $ (30,343,331) $ (39,995,089) 75.87% REVENUES OVER EXPENDITURES $ 1,326,186 $ 19,074,603 $ 8,159,408 TRANSFERS IN (OUT): Transfers in $ 1,947,559 $ 23,525,920 $ 22,522,339 104.46% Transfers out (3,082,907) (37,222,428) (37,271,944) 99.87% TOTAL TRANSFERS $ (1,135,348) $ (13,696,508) $ (14,749,605) 9186% NET INCOME (LOSS) $ 190,838 $ 5,378,095 $ (6,590,197) ENCUMBRANCES OUTSTANDING $ (3,350,444) FUND BALANCE (Budgetary Basis) Beginning Balance 20,365,421 20,365,421 Ending Balance $ 22,393,073 $ 13,775,224 Q: \Finance (120)\Accounting \Reports \Current FY\GF Financials