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HomeMy WebLinkAbout2024.03.05_OPWA AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO PUBLIC WORKS AUTHORITY (OPWA) Council Chambers Old Central Building 109 North Birch, Owasso, OK Tuesday, March 5, 2024 - 6:30 PM NOTE: APPROPRIATE ACTION may include, but is not limited to: acknowledging, affirming, amending, approving, authorizing, awarding, denying, postponing, or tabling. AGENDA RECEIVED 1. Call to Order - Chair Kelly Lewis MAR 01 2024 2. Roll Call City Clerk's Office 3. Consideration and appropriate action relating to the Consent Agenda. (All matters listed under "Consent" are considered by the Trustees to be routine and will be enacted by one motion. Any Trustee may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes- February 20, 2024, Regular Meeting B. Approve claims 4. Consideration and appropriate action relating to items removed from the Consent Agenda 5. Consideration and appropriate action relating to a Small Business Enhancement Agreement for Development Project Assistance in the Owasso Redbud District Project Plan, Tax Increment Financing District No. 1 Carly Novozinsky Staff recommends approval and execution of the agreement with Sajar Properties for the painting of a mural on the south side of the building located at 130 South Main Street and authorization for payment equal to 50% of the actual cost of the fapade improvements, not to exceed the maximum amount of $5,000.00. 6. Report from OPWA Manager 7. Report from OPWA Attorney 8. Official Notices (documents for acknowledgment or information only, no discussion or action will be taken) Payroll Payment Report - pay period ending date February 24, 2024 9. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 10. Adjournment Notice of Public Meeting filed in the office of the City Clerk on Friday, December 8, 2023, and the Agenda posted at City Hall, 200 South Main Street, at 5:00 pm on Friday, March 1, 2024. M. Stevens, The City of Owasso encourages citizen participation. To request an Vccommodation due to a disability, contact the City Clerk prior to the scheduled meeting by phone 918- 376 -1502 or by email to istevens@citvofowosso.com OWASSO PUBLIC WORKS AUTHORITY (OPWA) MINUTES OF REGULAR MEETING TUESDAY, FEBRUARY 20, 2024 The Owasso Public Works Authority (OPWA) met in regular session on Tuesday, February 20, 2024, in the Council Chambers at Old Central, 109 North Birch, Owasso, Oklahoma per the Notice of Public Meeting filed Friday, December 8, 2023; 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, February 16, 2024. 1. Call to Order -Chair Kelly Lewis called the meeting to order at 7:35 pm. 2. Roll Call - A quorum was declared present. Present Absent Chair- Kelly Lewis None Vice Chair- Alvin Fruga Trustee - Doug Bonebrake Trustee - Lyndell Dunn Trustee - Paul Loving Staff: Authority Manager- Warren Lehr / Authority Attorney - Julie Lombardi 3. Consideration and appropriate action relating to the Consent Agenda. (All matters listed under "Consent" are considered by the Trustees to be routine and will be enacted by one motion. Any Trustee may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes- February 6, 2024, and February 13, 2024, Regular Meetings B. Approve claims Mr. Dunn moved, seconded by Mr. Loving, to approve the Consent Agenda as presented, with claims totaling $544,652.30. YEA: Bonebrake, Dunn, Loving, Fruga, Lewis NAY: None Motion carried: 5-0 4. Consideration and appropriate action relating to items removed from the Consent Agenda - None 5. Consideration and appropriate action relating to an agreement for professional inspection services for the Elm Creek Sanitary Sewer Interceptor Rehabilitation Project Earl Farris presented the item, recommending approval of the Agreement for Professional Inspection Services with Kellogg Engineering, Inc., of Talala, Oklahoma, in the amount of $58,125.00 and authorization to execute all necessary documents. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Loving, to approve the agreement and authorize execution of documents, as recommended. YEA: Bonebrake, Dunn, Loving, Fruga, Lewis NAY: None Motion carried: 5-0 6. Consideration and appropriate action relating to an agreement for professional inspection services for the Ranch Creek Interceptor Improvement Project from East 96th Street North to East 116th Street North Earl Farris presented the item, recommending approval of the Agreement for Professional Inspection Services with Tom Stritzke of Nowata, Oklahoma, in the amount of $67,600.00 and authorization to execute all necessary documents. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn, to approve the agreement and authorize execution of documents, as recommended. YEA: Bonebrake, Dunn, Loving, Fruga, Lewis NAY: None Motion carried: 5-0 Owasso Public Works Authority February 20, 2024 Page 2 Consideration and appropriate action relating to bids received for the Hale Acres Waterline Replacement Project, Phase II Jake Ketner presented the item, recommending to award the base bid and alternate # 1 in the amount of $358,045.00 to Creek Construction, of Skiatook, Oklahoma, and authorization to execute all necessary documents. There were no comments from the audience. Mr. Dunn moved, seconded by Mr. Bonebrake, to award the bid and authorize execution of documents, as recommended. YEA: Bonebrake, Dunn, Loving, Fruga, Lewis NAY: None Motion carried: 5-0 8. Report from OPWA Manager -None 9. Report from OPWA Attorney -None 10. Official Notices - The Chair acknowledged receipt of the following: • Payroll Payment Report - pay period ending date February 10, 2024 • Monthly Budget Status Report - January 2024 11. New Business - None 12. Adjournment Mr. Dunn moved, seconded by Mr. Loving, to adjourn the meeting. YEA: Bonebrake, Dunn, Loving, Fruga, Lewis NAY: None Motion carried: 5-0 and the meeting adjourned at 7:44 pm. Kelly Lewis, Chair Juliann M. Stevens, Authority Clerk Claims List - 0310512024 Fund Fund Title - Transact Vendor Name Payable Description Payment Amount 61 OPWA UNIVERSAL FIELD SERVICES INC ROW ACQUISITION SVCS $3,224.79 117TH STREET FORCE MAIN -Total $3,224.79 NEW AGE HOMES METER REFUND $1,700.00 OPWA -Total $1,700.00 AEP /PSO ELECTRIC USE $1,988.09 CITY OF OWASSO ADMIN OVERHEAD $25,000.00 COX COMMUNICATIONS PHONE USAGE $27.04 JPMORGAN CHASE BANK AMAZON- OFFICE CHAIR $119.99 JPMORGAN CHASE BANK CAMFIL -AIR FILTERS $82.00 JPMORGAN CHASE BANK CHAMBER -FEES $80.00 JPMORGAN CHASE BANK MAZZIOS -PW LUNCHEON $314.20 JPMORGAN CHASE BANK ODP -FOOT RESTS $57.99 JPMORGAN CHASE BANK OOP- NOTARY $155.26 JPMORGAN CHASE BANK ODP- OFFICE CHAIRS $539.96 JPMORGAN CHASE BANK ODP -TONER $347.06 JPMORGAN CHASE BANK RLI INSUR- NOTARY BOND $60.00 JPMORGAN CHASE BANK SAMS- SUPPLIES $374.50 JPMORGAN CHASE BANK STAPLES- RECORD BOOK $16.39 STANDLEY SYSTEMS LLC COPIER SERVICES $581.95 UNIFIRST HOLDINGS LP UNIFORM SERVICES $64.55 UNITED STATES CELLULAR CORPORATION PW CELL PHONES $31.65 OPWA ADMINISTRATION -Total $29,840.65 BANCFIRST 800469017/098 $55,960.40 BANCFIRST 800470015/09C $23,361.34 BANCFIRST 8004710131SANTA FE $14,375.74 BANCFIRST 8004720111RANCH CREEK $25,377.32 BANCFIRST 800780017/19C $121,342.62 BANCFIRST PAP -24- 0001 -1-124 NOTE $43,618.48 OPWA DEBT SERVICE -Total $284,035.90 BECK ASSOCIATES ARCHITECTS, PLLC DESIGN SERVICES $21,183.88 PUBLIC WORKS FACILITY -Total $21,183.88 AEP IPSO ELECTRIC USE $330.52 COX COMMUNICATIONS PHONE USAGE $3.86 JPMORGAN CHASE BANK BUMPER -PARTS $115.98 JPMORGAN CHASE BANK NATURAL EVOL- DISPOSAL $1,445.29 JPMORGAN CHASE BANK SEMI CRAZY -FLEET $125.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES $38.49 RECYCLE CENTER -Total $2,059.14 COX COMMUNICATIONS PHONE USAGE $3.86 JPMORGAN CHASE BANK AMAZON - EYEWASH FAUCET $48.66 JPMORGAN CHASE BANK AMERIFLEX -MAINT PARTS $18.45 1 Claims List - 03/05/2024 Fund Fund Title - Transact Vendor Name Payable Description Payment Amount 61 OPWA JPMORGAN CHASE BANK AMERIFLEX -PARTS $87.15 JPMORGAN CHASE BANK AUTO ARMOR -MAINT SVCS $845.00 JPMORGAN CHASE BANK BRUCKNERS -PARTS $145.80 JPMORGAN CHASE BANK BUMPER -PARTS $1,251.99 JPMORGAN CHASE BANK CUMMINS -MAINT PARTS $83.96 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $42.64 JPMORGAN CHASE BANK HOOTEN -MAINT PARTS $952.03 JPMORGAN CHASE BANK IBT -MAINT PARTS $975.06 JPMORGAN CHASE BANK LOWES -MAINT PARTS $36.52 JPMORGAN CHASE BANK LOWES -TOOLS $17.86 JPMORGAN CHASE BANK SEMI CRAZY -FLEET $310.00 JPMORGAN CHASE BANK SOUTHERN -TIRES $3,767,04 JPMORGAN CHASE BANK UE -PARTS $920.46 TREASURER PETTY CASH SVC OK -TRASH TRUCK $86.50 UNIFIRST HOLDINGS LP UNIFORM SERVICES $203.53 UNITED STATES CELLULAR CORPORATION PW CELL PHONES $31.65 REFUSE COLLECTIONS -Total POLYMER $9,828.16 COX COMMUNICATIONS PHONE USAGE $19.33 JPMORGAN CHASE BANK AMAZON- CARABINERS $11.99 TECHNICAL PROGRAMMING SERVICES INC BILLING SERVICES $3,730.67 UTILITY BILLING -Total $3,761.99 AEP IPSO ELECTRIC USE $7,738.59 COX COMMUNICATIONS PHONE USAGE $7,73 FLEET FUELS LLC FUEL $332.74 JPMORGAN CHASE BANK DALE &LEES -MAINT SUPP $230.00 JPMORGAN CHASE BANK HOME DEPOT -MAINT SUPP $15.40 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $71.94 JPMORGAN CHASE BANK INTERSTATE - BATTERIES $27.60 JPMORGAN CHASE BANK OREILLY -MAINT SUPP $43.96 UNIFIRST HOLDINGS LP UNIFORM SERVICES $123.86 WASHINGTON CO RURAL WATER DISTRICT COFFEE CREEK LS WATER $23.10 WASHINGTON CO RURAL WATER DISTRICT MAGNOLIA LS WATER $23.10 WASHINGTON CO RURAL WATER DISTRICT MORROW LS WATER $19.80 WASTEWATER COLLECTIONS -Total $8,657.82 AEP IPSO ELECTRIC USE $28,393.79 COX COMMUNICATIONS PHONE USAGE $15.45 FULLERTON HYDRO -TEST INC. CYLINDER LEASE FY24 $150.00 HAWKINS INC POLYMER $5,750.77 HAWKINS INC POLYMER TANK $646.93 JPMORGAN CHASE BANK ACCURATE -PROF SVCS $281.25 JPMORGAN CHASE BANK AMAZON -MAINT SUPPLIES $72.40 2 Fund Fund Title - Transact Claims List - 03105/2024 Vendor Name 61 OPWA JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK UNIFIRST HOLDINGS LP WARREN POWER & MACHINERY, L.P Payable Description Payment Amount CAMFIL - SUPPLIES $419.10 CORE &MAIN -MAINT SUPP $13.50 GRAINGER- SUPPLIES $106.55 HACH- SUPPLIES $1,118.00 HOOTEN- SUPPLIES $261.11 LOCKE - SUPPLIES $7212 LOWES -MAINT SUPPLIES $51.96 OREILLY -FUEL $21.98 SOK- LICENSE RENEWAL $117.52 UNLAUB -NEW MOTOR $5,454.00 WASTE MGMT- DISPOSAL $6,601.70 UNIFORM SERVICES $182.46 23 SKID STEER LOCATOR $62,680.00 WASTEWATER TREATMENT -Total WATER -Total $112,410.59 AEP IPSO ELECTRIC USE $724.41 COX COMMUNICATIONS PHONE USAGE $7.73 FLEET FUELS LLC FUEL $332.73 FULLERTON HYDRO-TEST INC. CYLINDER LEASE FY24 $75.00 JPMORGAN CHASE BANK ACADEMY -PPE BOOTS $164.96 JPMORGAN CHASE BANK BROWNCO -PPE $72.00 JPMORGAN CHASE BANK CORE &MAIN -METER SUPP $5,330.00 JPMORGAN CHASE BANK CORE &MAIN - REGISTERS $460.50 JPMORGAN CHASE BANK CORE &MAIN- SUPPLIES $631.04 JPMORGAN CHASE BANK CORE &MAIN -TOOLS $1,200.00 JPMORGAN CHASE BANK HARD HAT -PPE $43.00 JPMORGAN CHASE BANK INTERSTATE - BATTERIES $23.60 JPMORGAN CHASE BANK J QUINTON PLUMB -MAINT $275.00 JPMORGAN CHASE BANK LOWES- SUPPLIES $42.66 JPMORGAN CHASE BANK LOWES -TOOLS $129.94 JPMORGAN CHASE BANK TWIN CITIES - CONCRETE $225.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES $132.62 K WATER -Total $9,870.41 OPWA -Total $486,573.33 67 OPWA SALES TAX BANCFIRST 800650012/2016 NOTE $234,017.25 BANCFIRST 80073003812018 NOTE $94,551.67 BANCFIRST 80082602612020 NOTE $95,444.09 OPWA STF DEBT SERVICE -Total $424,013.01 OPWA SALES TAX -Total $424,013.01 68 OPWA TIF CENTER FOR ECONOMIC DEVELOPMENT LEGAL SERVICES $330.00 OPWA ECONOMIC DEV -Total $330.00 OPWATIF -Total $330.00 K Claims List - 03/05/2024 Fund Fund Title - Transact Vendor Name Payable Description PaymentAmount OPWA Grand Total _ $910,916.34 TO: The Honorable Chair and Trustees Owasso Public Works Authority (OPWA) FROM: Carly Novozinsky, Finance Director SUBJECT: Owasso Redbud District and Increment District No. 1 Small Business Enhancement Agreement DATE: March 1, 2024 BACKGROUND: In December 2016, the OPWA created the Tax Increment Financing (TIF) District in the downtown Owasso Redbud District area. On April 4, 2017, the OPWA adopted a Policy Guide for the processing of TIF Assistance in Development Financing applications. The Policy Guide includes the process for application and approval of Small Business Enhancements. Beginning July 1, 2019, Small Business Enhancements were made available to any retail, restaurant, or personal service small business within the Increment District proposing to enhance the exterior of the structure in which the business is located, provide streetscape improvements, enhance signage or access, or otherwise improve the appearance of the exterior of the business. The plan requires a Review Committee to evaluate the application for compatibility with the Project Plan and the Downtown Overlay District Plan. Upon recommendation by the Review Committee, a business enhancement agreement is presented to the OPWA for consideration and approval. APPLICATION: As part of the Economic Development contract, the Owasso Chamber of Commerce facilitates TIF application submittals. On February 19, 2024, Ms. Feary (Chamber President and CEO) presented an application from Sajar Properties, for a Small Business Enhancement on an existing property located on 130 South Main Street. The project appears to meet the criteria set forth in the adopted Owasso Redbud District TIF Project Plan and Policy Guide. As established by the Project Plan and Policy Guide, the applicant would be eligible to receive reimbursement by the OPWA at the completion of the approved improvements for 50% of the actual amount expended however, the amount of reimbursement shall not exceed $5,000.00. The applicant anticipates the mural of Owasso and the Redbud District to total approximately $10,000.00. The Review Committee met February 23, 2024 and voted unanimously to recommend approval to the OPWA, finding that the project is eligible to receive TIF assistance. RECOMMENDATION: Staff recommends approval and execution of the agreement with Sajar Properties for the painting of a mural on the south side of the building located at 130 South Main Street and authorization for payment equal to 50% of the actual cost of the facade improvements, not to exceed the maximum amount of $5,000.00. ATTACHMENTS: Business Enhancement Agreement with Sajar Properties Correspondence from Owasso Chamber of Commerce dated February 19, 2024 SMALL BUSINESS ENHANCEMENT AGREEMENT Business Owner: Anita Saivmeh [Complete Legal Name] Address of Business: 130 South Main Street, Owasso Approved Amount of Development Assistance: Approved Improvements/ Use of Funds: This Small Business En trust ( "Authority ") 74055, and Busine As describeefin`the approve` Business Enhancement (see the following limitations or re :ation for Small A), subject to ;, if any: lent ") is entered into as of Works Authority, a public Street, Owasso, Oklahoma (a) On December 20, 2016 the Owasso City Council ( "City Council ") adopted Ordinance No. l01 93 wh(eh approved the Owasso Redbud District 'Project Plan, established `the Project Area, and created Increment District No. 1, City of Owasso, an ad valorem and sales tax increment District ("Increment District No. I"), pursuant to the ,, Oklahoma Local Development Act, 62 O.S. §850, et seq., as thereafter amended from time to time ( "Project Plan "); (b) The Project Plansupports the City of Owasso's efforts to achieve its developmen't:objectives for area surrounding Main Street, known as the Redbud, 'District, and envisions, among other things, the revitalization of the Redbud District as a destination are for residents and visitors, through promoting smart development in the area and providing for robust branding; (c) The Business Owner desires to enhance the exterior of the structure in which its business is located, provide streetscape improvements, enhance signage or access, or otherwise improve the appearance of the exterior of the business; (d) Pursuant to the Policy Guide adopted by City Council to assist in implementing the Project Plan ( "Policy Guide "), assistance in development financing in the form of Small Business Enhancements, in an amount not to exceed $5,000.00, may be available to any retail, restaurant, or personal service small business within Increment District No. 1 to assist the business in improving the appearance of the physical exterior or exterior elements of the property where the business is located; (e) Pursuant to the Policy Guide, a Small Business Enhancement may not exceed a fifty percent (50 %) match of the cost of the approved improvements; (f) The Application Review Committee ( "Committee ") has reviewed the Application of the Business Owner for Small Business Enhancements, a copy of which is attached as Exhibit A ( "Application "), as described in the Policy Guide; and (g) The Committee recommended approval of the Business Owner's Application to the Board of Trustees of the Authority ( "Board "), finding that the Business Owner's proposal meets the objectives of the Project Plan; and (h) The Authority has agreed to provide assistance in development financing in the form of a Small Business Enhancement in the amount set forth above ( "Development Assistance ") to and for the benefit of the Business Owner, in order to assist Business Owner with the improvements described in the Application and approved by the Committee ( "Approved Improvements "), subject to the terms and conditions set forth herein. NOW, THEREFORE, the Authority and Business Owner agree as follows: 1. Purpose. The Development Assistance shall be used by Business Owner solely for the Approved Improvements described in the Application, as limited or restricted above, and may not be used for any other purpose(s) without the prior written consent of the Authority. 2. Documentation of Use of Funds; Reporting-, Business Owner shall maintain records and receipts of all transactions and expenditures paid for the Approved Improvements and shall remit complete and accurate copies of such records and receipts to the Authority. All records and receipts shall be available to the Authority for monitoring and reporting purposes. 3. Payment of Development Assistance. Upon completion of the Approved Improvements, the Authority agrees to reimburse the Business Owner in the lesser amount of: (a) the Development Assistance, or (b) fifty percent (50 %) of the actual amount 2 expended by the Business Owner on the Approved Improvements. Documentation of all expenses related to the Approved Improvements must be provided to the Authority, and a physical inspection of the Approved Improvements by a designated representative of the Authority must occur, prior to any reimbursement by the Authority. 4. Notices. All notices required or permitted herein must be in writing and shall be sufficient if delivered personally, mailed by certified or registered mail, return receipt requested, postage and charges prepaid, to the other party at the address, as applicable, set forth on the first page of this Agreement, or to such other telecopier number or address, as applicable, or in electronic format, as any party hereto may designate to the other from time to time for this purpose , All notices shall be deemed received when delivered personally, when confirmed toyou or, if mailed, within three (3) days (excluding Sundays and holidays and any other days on which mail is not delivered) after being mailed. 5. Integrated Agreement. This iii exhibits, contains and constitutes the ent relating to the subject matter hereof and restrictions, warranties or representations arr hereof other than those set forth,heeein. This effect whatsoever, or to be a legally = iriclin it has been signed by both parties hereto.' 6. Construction., in accordance with the ld%A thereof shall be deemed to to the plurals of each, ds,thE The descriptive headings ci and are not intended to de this Agreement or anu orov 7,. Invalidity. If, be held to-be invalid, illec be deemed modified so such invalid, illegal, void enforceable, and .the re affected thereby, ment, along with.,all attachments and agreement between, the parties herein ;re are no, agreements,,,, understandings, 3 the parties relating to the- subject matter rurnent is not intended to have any legal greement, or any evidence thereof, until ; ement shdll: be construed, enforced and governed State of Oklahomd: <All pronouns and any variations the mas;uline, feminine or neuter gender thereof or of the person or persons or the context may require. i in this Agreement are for reference purposes only iterpret, define or limit the scope, extent or intent of vision contained in this Agreement shall for any reason d or unenforceable in any respect, such provision shall institute a provision conforming as nearly as possible to enforceable provision while still remaining valid and g terms or provisions contained herein shall not be 8. Binding Effect. This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties hereto and each party's successors and assigns. 9. Counterpart Execution. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but each of which together shall constitute but one and the same instrument. 10. Amendment and Waiver. This Agreement may be amended at any time, but only by an instrument in writing executed by both parties hereto. A party hereto may 3 waive any requirement to be performed by the other party, provided that such waiver shall be in writing and executed by the party waiving the requirement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above set forth. AUTHORITY: OWASSO PUBLIC WORKS AUTHORITY a public trust By: Kelly Lewis, Chair BUSINESS OWNER: Anita Saivmeh By: Title: Owner 2 EXHIBIT A [Attach Business Owner's executed application] OWASSO REDBUD DISTRICT PROJECT PLAN, INCREMENT DISTRICT NO. 1 ASSISTANCE IN DEVELOPMENT FINANCING SMALL BUSINESS ENHANCEMENT APPLICATION The Application must be fully completed before submission to the Economic Development Department of the City of Owasso at 200 S. Main Street, Owasso, Oklahoma 74055. The omission of requested information may result in delays. Please include any supplemental information, as may be necessary for purposes of analysis. Business Name: c7611f Prape /lei, Address: Contact Person /Owner: Phone Number: Email: , What are the proposed improvements to the prope What dollar amou are you requesting? What is the proposed total cost of the improvements? (Please provide any quotes for materials, supplies, labor as an attachment to this appli tion.) What is the source(s) of funds that is available to complete the improvements and match the amount you are requesting What impact would the proposed improvements have on your business? (increased customer traffic, increased sales, visibility, ability to add a new rodu t or service, etc Why do you believe the proposed improvements area del eve. wo by r enea r for yo r business? Is this property owned by someone other than the applicant? If yes, please attach letter from property owner agreeing to allow requested improvements to occur. Please attach any additional information (pictures, schematics, documentation, quotes, accompanying information, etc.) with the application. Applicant hereby certifies that all information, including all documents and materials submitted with this Application, are true to his /her best knowledge and belief and are submitted for the purpose of consideration of assistance in development financing, consistent with and pursuant to the Owasso Redbud District Project Plan and the Policy Guide. Applicant: Name (Print) C` Signature Date April R, 2017 SHELLY COLLINS www.shollycollinscreative.com hello shellycollinscreative.com 918.698.9489 MURAL CONTRACT between Shelly Collins and Anita Salymeh INDEPENDENT CONTRACTOR Anita Salymeh engages Shelly Collins, artist, and Shelly Collins hereby accepts such engagement, as an independent contractor to provide these Services listed immediately below on the terms and conditions set forth in this Contract. Anita Salymeh shall provide Shelly Collins with access to the South facing wall on the property of 130 S Main St, Owasso, Ok and information to the extent necessary for the performance of the Services. Shelly Collins will furnish, at her own expense, the materials and equipment - with the exception of scaffolding rental to perform the Services. CONSENT BY PROPERTY OWNERS Anita Salymeh agrees to these services at the location of their property at 130 S Main St, Owasso, OK 74055, Owasso, OK SCHEDULE OF SERVICES Shelly Collins agrees that she is being hired for purposes of creating a mural far Anlla Saiymeh over the course of the following schedule: • Prior to Jan 31 - Shelly will provide mock up of design via email per the direction previously agreed upon. Shelly and Anita will agree upon any changes. Changes will be made and the final design will be agreed upon. At time of agreement, payment of $1500 will be received for compensation of design time and purchase of paint and materials. • February 19 - Shelly will prime the wall. • March 16 - 24 - Paint mural Shelly agrees to the following: • To comply with the terms of this Contract. • To complete the mural by April 6, 2024. Shelly may begin creation of the mural on Feb 19. SERVICES PROVIDED BY Anita Salymeh • Rental of scaffolding on painting days March 16 -22. • Possible removal of Madcap Pharmacy sign on wall. MURALCONTENT Shelly Collins will create a design approved by Anita Saiymeh prior to production. Once final design is approved no design changes may be requested during and after mural completion. DATE AND LOCATION Shelly Collins shall undertake the creation of the mural beginning on February 19th, 2024 and complete the mural on or before April 6, 2024, This agreement is in effect from the date of signature until completion of the Services contemplated under this Agreement. TERMINATION Either party may terminate this Contract for any or no reason with five (5) business days notice to the other party delivered in writing. All notice In writing contemplated under this Contract may be delivered via email with confirmation of receipt. Anita Salymeh may terminate this Agreement upon written notice for any or no reason. In the event of termination, Anita Saiymeh shall pay Shelly Collins on a pro -rata basis any Fees then due and payable for any Services completed up to and including the date of such termination. If no Services (i.e. design time or mural creation) have been undertaken, Anita Saiymeh shall not be responsible for any payment. ARTIST COMPENSATION As full compensation for the Services, Shelly Collins will be compensated at the rate of $10 per square foot for her /predetermined amount of space. The proposed size for the proposed design Is approximately 13' x 80' for a total compensation of $10,000. Compensation will be made in 3 payments. 1. $1500 upon acceptance of final design for design time and purchase of materials by January 31st. 2. $4,250 during progress of the mural the week of March 18th. 3. $4,250 At completion of the mural on April 6th. Should Shelly Collins fall to complete the mural, she maybe required to pay Anita Saiymeh for all or a portion of the Artist Compensation contemplated under this provision. Shelly Collins is solely responsible for any travel or other costs or expenses incurred by her In connection with the performance of the Services, and In no event shall Anita Salymeh reimburse her for any such costs or expenses. SCAFFOLDINGIWALL ACCESS Anita Saiymeh provides an OSHA compliant scaffold; however, Shelly Collins should bring her own ladders for use If necessary. INSURANCE Shelly is considered an independent contractor and Is responsible for her own liability Insurance. Should any injuries occur to Shelly Collins, Anita Salymeh will not be held responsible. REPAIRS If any repairs to the mural are deemed necessary in the future for premature deterioration or other unintended change in appearance, Anita Saiymeh will contact Shelly Collins to make such arrangements Shelly Collins agrees not to make any repairs or restorations to the mural without prior written permission Compensation for repairs will be determined on a case by case basis. VARA WAIVER I "Artist,' hereby acknowledge the rights of attribution and integrity generally conferred by Section 106A(a) of Tille 17 of the U.S. Code (The Visual Artists Rights Act of 1990, "VARA "), and any other rights of the same nature granted by other federal, state or foreign laws. Artist acknowledges that his /her work of art Is a mural, which by its nature will be on the facade of a building subject to the rigors of Oklahoma weather. Artist further acknowledges that any mural created may be destroyed, either by weather or a necessity otherwise occasioned, which requires its removal from the building. Therefore, of his /her own free act, Artist hereby waives his /her VARA rights with respect to the uses specified below, and acknowledges that The City of Owasso, or anyone duly authorized by The City of Owasso may have cause to remove said mural when to do so is determined to be in the best interest of The City of Owasso. COPYRIGHT /MEDIA Artist maintains copyright ownership of her mural, except as stipulated in the VARA waiver required of Shelly Collins and prevents recreation of the mural she creates In any medium or format, for any publicity without her further compensation or permission. All matters arising out of or relating to this Contract shall be governed by and construed in accordance with the internal laws of the State of Oklahoma without giving effect to any choice or conflict of law provision or rule (whether of the State of Oklahoma or any other jurisdiction). Any claim or cause of action arising under this Contract may be brought only in the federal and state courts located in Oklahoma County and I hereby consent to the exclusive jurisdiction of such courts. WAIVER INDEMNIFICATION By signing below, Shelly Collins acknowledges that performance of the Services may be inherently dangerous and may expose her to a variety of foreseen and unforeseen hazards and risks. She understands that those risks may include, but are not limited to violence, possible exposure to wild animals, property damage, injury, death, illness, and other various hazards. Shelly Collins acknowledges that she Is voluntarily participating in the Services and has considered those risks. She hereby expressly and specifically assumes such risks, including any and all risk of Injury, Illness, harm, or loss that she may Incur as a result of her performance of the Services. If both parties agree to the above terms, please sign below: Anita Saiymeh, property owner Date 12/27/2023 Shelly Collins, artist Date 12/2712023 colors are off a bit, but this will give you a visual of the design CHAMBESR OF COMMERCE To: City of Owasso TIF Application Review Committee From: Chelsea L. Feary, IOM, CEcD, MPA President /CEO — Owasso Chamber of Commerce & Economic Development Subject: Sajar Properties Small Business Enhancements Application Date: Monday, February 19, 2024 BACKGROUND Last year, I met with Anita Saiymeh, owner of the multi - tenant commercial building located at 130 S Main Street, and Shelly Collins, a local mural artist. Ms. Saiymeh had begun discussions with Ms. Collins regarding a mural project for her building. In our meeting, we discussed Ms. Collins painting a mural on the south side of the building reflecting themes of Owasso and the Redbud District. The estimated costs of the mural were <$10,000. Assuming the mural upon completion would be an improvement to the building and an attraction to the Redbud District, we discussed the TIF District incentives and the Small Business Enhancements Application. Following our conversation, I advised Ms. Saiymeh the project was eligible for Small Business Enhancements based on the description and estimated costs of improvements to the exterior structure of the development. It also meets the design and density standards as adopted by the City of Owasso in the Downtown Overlay District Plan. Ms. Saiymeh submitted her application to our office on Thursday, February 15, 2024, for Small Business Enhancements for a large -scale mural on the south wall of Medicap Pharmacy on the southwest corner of 76th Street N and Main Street. The total Project Costs are <$10,000. She is requesting $5,000 to assist with the costs of the project. The applicant has signed a contract with the artist. The applicant hopes the mural will attract people to the area and that the mural will serve as an attractive gateway to Owasso's Redbud District. PROJECT DETAILS: • Sajar Properties has contracted with Shelly Collins Creative, an independent contractor. • The artist has furnished a mock -up of a design. • The subject wall is being primed Monday, February 19, 2024. • The mural will be painted March 16 -24, 2024. • The mural will be completed by April 6, 2024. RECOMMENDATION: The application for Small Business Enhancements submitted by Sajar Properties meets the objectives in the Owasso Redbud District Project Plan Increment District No. 1 and is being recommended to the City of Owasso TIF Application Review Committee for review and approval to move forward the Owasso City Council. OWASSO PUBLIC WORKS AUTHORITY PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 02124/24 Department Payroll Expenses Total Expenses 400 OPWA Administration 19,018.00 28,784.52 405 Utility Billing 9,248.64 15,283.62 420 Water 17,962.89 28,416.70 450 Wastewater 15,753.99 26,194.52 455 Wastewater Collection 16,703.06 28,758.59 480 Refuse 15,858.89 27,790.72 485 Recycle Center 3,005.60 5,461.78 FUND TOTAL 97,551.07 160,690.45