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HomeMy WebLinkAbout2024.06.04_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL Council Chambers Old Central Building 109 North Birch, Owasso, OK Tuesday, June 4, 2024 - 6:30 PM NOTE: APPROPRIATE ACTION may include, but is not limited to: acknowledging, affirming, awarding, denying, postponing, or tabling. AGENDA 1. Call to Order - Mayor Alvin Fruga 2. Invocation - Pastor Jared Parker of New Heights Church 3. Flag Salute 4. Roll Call 5. Presentation of the Character Trait of Determination - Dr. Amy Fichtner approving, authorizing, RECEIVED MAY 31 2024 City Clerk's Office 6. Consideration and appropriate action relating to the Consent Agenda. (All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes - May 21, 2024, Regular Meeting B. Approve claims C. Accept the 2025 Highway Safety Office Grant in the amount of $94,181.00 and authorize the execution of all necessary documents to receive the grant funding D. Approve a budget amendment in the Half -Penny Sales Tax Fund, increasing estimated revenues and the appropriation for expenditures in the Police Department by $94,181.00 (2025 Highway Safety Office Grant) E. Accept a donation from the Cherokee Nation in the amount of $3,500.00 F. Approve a budget amendment in the Half -Penny Sales Tax Fund, increasing estimated revenues and the appropriation for expenditures in the Fire Department by $3,500.00 (Cherokee Nation donation) 7. Consideration and appropriate action relating to items removed from the Consent Agenda 8. PULBIC HEARING - The City Council will conduct a public hearing for the purpose of receiving citizen input and discussing the proposed FY 2024 -2025 Annual Operating Budget Chris Garrett /Carly Novozinsky 9. Consideration and appropriate action relating to an Employment Agreement between the City and City Attorney, Julie Lombardi Michele Dempster 10. Consideration and appropriate action relating to the employment agreement between the City of Owasso and the International Association of Firefighters (IAFF) Local #2789 Michele Dempster Staff recommends ratification of the Fiscal Year 2024 -2025 contract between the City of Owasso and the International Association of Firefighters Local #2789 and authorization to execute all necessary documents. 11. Consideration and appropriate action relating to the purchase of a street sweeper Larry Escalanto Staff recommends approval to purchase a Regenerative Air Street Sweeper with a 74HP Auxiliary Engine from J & R Equipment of Oklahoma City, Oklahoma, in the amount of $373,125.05. Owasso City Council June 4, 2024 Page 2 12. Consideration and appropriate action relating to the declaration of surplus equipment and disposal of said equipment Larry Escalanta Staff recommends declaring the 2012 Elgin Series F Model- F2904D Street Sweeper (VIN# 1 FVACXDTXCHBW0862) as surplus to the needs of the City and authorizing disposal of the equipment via auction. 13. Consideration and appropriate action relating to bids received for the Garnett Culvert Improvement Project Daniel Dearing Staff recommends awarding the construction contract to Diversified Civil Contractors, LLC of Broken Arrow, Oklahoma, in the amount of $689,885.00, and authorization to execute all necessary documents. 14. Consideration and appropriate action relating to bids received for the 2024 Street Rehabilitation Project Maintenance using High Density Mineral Bond Dwayne Henderson Staff recommends awarding the contract to Holbrook Asphalt, LLC of Saint George, Utah in the amount of $235,104.00 and authorization to execute the necessary documents. 15. Consideration and appropriate action relating to the acquisition of right -of -way for the East 96th Street North and North 145th East Avenue Intersection Improvement Project Roger Stevens Staff recommends authorization for payment in the amount of $148,080.00 to Aslam Kids Irrevocable Trust for the acquisition of right -of -way and compensation for damages located at 14516 East 96th Street North. 16. Consideration and appropriate action relating to a tenant release for the East 96th Street North and North 145th East Avenue Intersection Improvement Project Roger Stevens Staff recommends approval of the Tenant Release between Mohamed Mollah (Hi View Mini Mart, Inc.) and the City of Owasso for damages arising out of the right -of -way acquisition for property located at 14516 East 961h Street North, and authorization for payment in amount of $74,718.00. 17. Presentation of the monthly Public Works Project Status Report - Roger Stevens 18. Report from City Manager 19. Report from City Attorney 20. Report from City Councilors 21. Official Notices (documents for acknowledgment of receipt or information only, no discussion or action will be taken) • Payroll Payment Report- pay period ending date May 18, 2024 • Health Care Self- Insurance Claims - dated as of May 30, 2024 • Change Orders 12 and 13 executed by the City Manager or designee for the Fire Station No. 1 Renovation Project 22. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) Owasso City Council June 4, 2024 Page 3 23. 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 12:00 pmpnfriday, May 31, 2024. e Stevens, The City of Owasso encourages citizen participation. To request an lFccommodation due to a disability, contact the City . Clerk prior to the scheduled meeting by phone 918 -376 -1502 or by email to istevens@cifvofowasso.com OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING TUESDAY, MAY 21, 2024 The Owasso City Council met in regular session on Tuesday, May 21, 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 5:00 pm on Friday, May 17, 2024. 1. Call to Order - Mayor Alvin Fruga called the meeting to order at 6:30 pm. 2. Invocation - The Invocation was offered by Pastor Claud Slate of Fireside Baptist Church. 3. Flag Salute - Councilor Lewis led the flag salute. 'Mayor Fruga acknowledged the 2024 Leadership Owasso class in attendance. 4. Presentation by the Owasso Community Theater - Jody Marler presented the item. 5. Roll Call - A quorum was declared present. Present Absent Mayor -Alvin Fruga None Vice Mayor- Lyndell Dunn Councilor- Doug Bonebrake Councilor - Kelly Lewis Councilor -Paul Loving Staff: City Manager - Chris Garrett / City Attorney - Julie Lombardi 6. Consideration and appropriate action relating to the Consent Agenda. (Ail matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilors may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes - May 7, 2024, and May 14, 2024, Regular Meetings S. Approve claims C. Accept public infrastructure improvements of a fire hydrant relocation, concrete approach, sidewalk, and drainage flume located at 9050 North Garnett Road D. Accept public infrastructure improvements of a fire line tap and concrete approach located at 414 South Birch E. Accept the construction of Pickleball Courts at Rayola Park and authorize final payment to Ascend Commercial Builders, LLC, of Tulsa, Oklahoma, in the amount of $7,181.35 Mr. Loving moved, seconded by Mr. Bonebrake, to approve the Consent Agenda as presented, with claims totaling $2,226,417.37. YEA: Bonebrake, Dunn, Lewis, Loving, Fruga NAY: None Motion carried: 5 -0 7. Consideration and appropriate action relating to items removed from the Consent Agenda - None Mayor Fruga recessed the City Council meeting at 6:42 pm and reconvened the meeting at 7:05 pm. 8. Consideration and appropriate action relating to Resolution 2024 -03, approving the incurrence of indebtedness by the Owasso Public Works Authority (the "Authority ") issuing its Sales Tax Revenue Note, Series 2024 (the "Note "); providing that the organizational document creating the Authority is subject to the provisions of the Note Indenture, authorizing the issuance of said Note; waiving competitive bidding with respect to the sale of said Note and approving the proceedings of the Authority pertaining to the sale of said Note; ratifying and confirming a sales tax agreement by and between the City of Owasso, Oklahoma (the "City ") and the Authority pertaining to the year -to -year pledge of certain sales tax revenues; and containing other provisions relating thereto Carly Novozinsky presented the item, recommending approval of Resolution 2024 -03. There were no comments from the audience. After discussion, Mr. Bonebrake moved, to approve Resolution 2024 -03, awarding the note to Bank of Oklahoma at a rate of 4.719 %, seconded by Mr. Dunn, as recommended. YEA: Bonebrake, Dunn, Lewis, Loving, Fruga NAY: None Motion carried: 5 -0 Owasso City Council May 21, 2024 Page 2 9. Consideration and appropriate action relating to the Agreement for Economic Development Services between the Owasso Chamber of Commerce and the City of Owasso Vice Mayor Dunn recused from the item and left the City Council Chambers. Chris Garrett presented the item. One citizen addressed the City Council. After discussion, Mr. Bonebrake moved, seconded by Mr. Fruga, to approve the Agreement for Economic Development Partnership. YEA: Bonebrake, Fruga NAY: Lewis, Loving Motion failed: 2 -2 Vice Mayor Dunn returned to the City Council Chambers, 10. Consideration and appropriate action relating to the Energy Efficiency and Conservation Block Grant Program and a budget amendment in the General Fund Carly Novozinsky presented the item, recommending acceptance of the Grant and approval of a budget amendment in the General Fund, increasing estimated revenues and the appropriation for expenditures in the Building Maintenance Department by $76,270.00, and authorization to execute all necessary documents. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Ms. Lewis to accept the grant, approve the budget amendment and authorize execution of documents, as recommended. YEA: Bonebrake, Dunn, Lewis, Loving, Fruga NAY: None Motion carried: 5 -0 11. Consideration and appropriate action relating to Resolution 2024 -04, authorizing City staff to submit an application to the Oklahoma Department of Transportation for the 2024 Transportation Alternatives Set - Aside Grant, declaring the use of transportation alternatives program funds for sidewalk connectivity projects, and authorizing execution of all necessary documents in order to fulfill grant requirements Alexa Beemer presented the item, recommending approval of Resolution 2024 -04. There were no comments from the audience. After discussion, Mr. Loving moved, seconded by Mr. Bonebrake, to approve Resolution 2024 -04, and authorize execution of documents,as recommended. YEA: Bonebrake, Dunn, Lewis, Loving, Fruga NAY: None Motion carried: 5 -0 12. Consideration and appropriate action relating to a final plat for JDH Properties, a proposed mixed -use commercial subdivision, containing approximately 4.588 acres located north of East 116th Street North and east of North 110th East Avenue Alexa Beemer presented the item, recommending approval of the final plat. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Loving, to approve the final plat, as recommended. YEA: Bonebrake, Dunn, Lewis, Loving, Fruga NAY: None Motion carried: 5 -0 13. Consideration and appropriate action relating to a final plat for Fairway Villas, a proposed single - family residential subdivision, containing approximately 7.76 acres located south of East 89th Street North and east of North 97th East Avenue Wendy Kramer presented the item, recommending approval of the final plat. There were no comments from the audience. After discussion, Ms. Lewis moved, seconded by Mr. Bonebrake, to approve the final plat, as recommended. YEA: Bonebrake, Dunn, Lewis, Loving, Fruga NAY: None Motion carried: 5 -0 Owasso City Council May 21, 2024 Page 3 14. Consideration and appropriate action relating to an agreement for engineering design services for the Hale Acres Drainage Study Dwayne Henderson presented the item, recommending approval of the Agreement for Engineering Services with Meshek & Associates, LLC, of Tulsa, Oklahoma, in an amount not to exceed $130,070.00 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, Lewis, Loving, Fruga NAY: None Motion carried: 5 -0 15. Consideration and appropriate action relating to an Interlocal Agreement with Tulsa County for identification of responsibilities and duties for public rights -of -way regarding the ownership, operation, maintenance, construction, and financial obligations for public transportation facilities and associated public infrastructure Dwayne Henderson presented the item, recommending approval of the Interlocal Agreement and authorization to execute all necessary documents. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Ms. Lewis, to approve the agreement and authorize execution of documents, as recommended. YEA: Bonebrake, Dunn, Lewis, Loving, Fruga NAY: None Motion carried: 5 -0 16. Consideration and appropriate action relating to an amendment to the Agreement for Engineering Services with BKL, Inc., of Tulsa, Oklahoma for the East 96th Street North from North 119th East Avenue to North 1291h East Avenue Roadway Improvement Project Dwayne Henderson presented the item, recommending approval of Amendment No. 5, in the amount of $48,500.00, and authorization to execute all necessary documents. There were no comments from the audience. After discussion, Mr. Loving moved, seconded by Mr. Bonebrake, to approve the amendment and authorize execution of documents, as recommended. YEA: Bonebrake, Dunn, Lewis, Loving, Fruga NAY: None Motion carried: 5 -0 17. Consideration and appropriate action relating to a request for an executive session for the purposes of discussing the City Attorney employment contract and annual evaluation, as provided for in Title 25, O.S. § 307(B)(1) Mayor Fruga presented the item, recommending City Council enter into executive session. There were no comments from the audience. Mr. Dunn moved, seconded by Ms. Lewis, to enter into executive session, as recommended. YEA: Bonebrake, Dunn, Lewis, Loving, Fruga NAY: None Motion carried: 5 -0 At 8:07 pm, the City Council members entered into Executive Session. AT 8:35 pm, Chris Garrett entered into Executive Session. At 8:45 pm, Chris Garrett exited Executive Session. At 8:50 pm, Julie Lombardi entered into Executive Session. At 9:25 pm, the City Council and Julie Lombardi exited Executive Session and returned to open session. 18. Report from City Manager Chris Garrett reported on the Gold Star Families Monument dedication held on May 27, 2024, at the Owasso Veterans Park. 19. Report from City Attorney - None Owasso City Council May 21, 2024 Page 4 20. Report from City Councilors Council Bonebrake reported on his opportunity to tour the Police Training Facility. 21. Official Notices - The Mayor acknowledged receipt of the following: • Payroll Payment Report - pay period ending date May 4, 2024 • Health Care Self- Insurance Claims - dated as of May 15, 2024 • Monthly Budget Status Report - April 2024 • Red Flag Policy Annual Report dated May 17, 2024 • Change Orders 4, 5, 6, 7, 8, 9, 10, and 11 executed by the City Manager or designee for the Fire Station No. 1 Renovation Project • Change Order 1 executed by the City Manager or designee for the Elm Creek Sanitary Sewer Interceptor Rehabilitation Project • Change Order 1 executed by the City Manager or designee for the Outdoor Warning System Replacement Project 22. New Business - None 23. Adjournment Mr. Bonebrake moved, seconded by Mr. Loving, to adjourn the meeting. YEA: Bonebrake, Dunn, Lewis, Loving, Fruga NAY: None Motion carried: 5 -0 and the meeting adjourned at 9:28 pm. Alvin Fruga, Mayor Juliann M. Stevens, City Clerk Claims List - 06/04/2024 Fund Vendor Name Payable Description Payment Amount 01 GENERAL GARLAND DBS INC CITY HALL ROOF REPAIRS $14,646.00 HOLLON FIRE PROTECTION FIRE EXT INSPECT $317.74 JPMORGAN CHASE BANK AMAZON -WALL FAN $292.37 JPMORGAN CHASE BANK COX - INTERNET $69.95 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $33.47 JPMORGAN CHASE BANK SAMS- SUPPLIES $11.87 JPMORGAN CHASE BANK ZEROREZ- CARPET CLEAN $1,625.00 UNIFIRST HOLDINGS LP BUILD MAINT UNIFORM $28.72 BUILDING MAINTENANCE -Total $17,025.12 AEP IPSO ELECTRIC USE $198.40 GEN ANIMAL CONTROL -Total $198,40 AEP IPSO ELECTRIC USE $23.30 BILLY BASORE APRIL DIRT $195.00 JPMORGAN CHASE BANK GRAPHIC RES- SUPPLIES $70.00 JPMORGAN CHASE BANK LOWES -TOOLS $459.00 SPIRIT LANDSCAPE MANAGEMENT LLC MEMORIAL DAY FLOWERS $293.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES $20.88 GEN CEMETERY -Total $1,061.18 AEP /PSO ELECTRIC USE $701.62 JPMORGAN CHASE BANK AMAZON- BUFFER PADS $6.40 JPMORGAN CHASE BANK AMAZON- GLOVES $56.99 JPMORGAN CHASE BANK AMAZON- SUPPLIES $130.11 JPMORGAN CHASE BANK AMAZON -WATER VALVE $256.01 JPMORGAN CHASE BANK ART IN BLOOM -VLTR APP $37.00 JPMORGAN CHASE BANK COX- INTERNET $180.00 JPMORGAN CHASE BANK QUIT BUGGIN -PEST $95.00 JPMORGAN CHASE BANK SAMS- LUNCHEON $144.91 JPMORGAN CHASE BANK SAMS- SUPPLIES $84,10 JPMORGAN CHASE BANK WALMART- BUFFER PADS $6.27 JPMORGAN CHASE BANK WALMART- LUNCHEON $23.64 GEN COMMUNITY CENTER -Total $1,722.05 FELKINS ENTERPRISES LLC BUSINESS CARDS $40.00 JPMORGAN CHASE BANK TOMMYS -CAR WASH $67.97 JPMORGAN CHASE BANK TULSA COUNT- SUBSCRIBE $372.60 GEN COMMUNITY DEVELOPMENT -Total $480.57 JPMORGAN CHASE BANK AMAZON- REFUND ($6.91) JPMORGAN CHASE BANK AMAZON- SUBSCRIPTION $14.99 JPMORGAN CHASE BANK AMAZON- SUPPLIES $23.47 JPMORGAN CHASE BANK ODP- SUPPLIES $30.28 GEN CULTURE & RECREATION -Total $61.83 1 Claims List - 06/04/2024 Fund Vendor Name Payable Description Payment Amount 01 GENERAL AEP /PSO ELECTRIC USE $21.61 OWASSO CHAMBER OF COMMERCE ECONOMIC DEVELOPMENT $11,001.63 GEN ECONOMIC DEV -Total CHICKASAW- SUPPORT $11,023.24 AEP IPSO ELECTRIC USE $81.44 JPMORGAN CHASE BANK INTL ASSOC -DUES $199.00 JPMORGAN CHASE BANK SAVON- HANDOUTS $35.00 JPMORGAN CHASE BANK SUMNER -ADMIN COPIES $76.35 GEN EMERG PREPAREDNESS -Total $391,79 JPMORGAN CHASE BANK LOT 129 - PARKING $2.00 JPMORGAN CHASE BANK OK BOARD - LICENSE $154.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES $45.07 UNITED STATES CELLULAR PW CELL PHONES $90.48 CORPORATION GEN ENGINEERING -Total $291.55 JPMORGAN CHASE BANK CHAMBER -FEES $40.00 SUMNERONE INC COPIER SERVICES $57.00 GEN FINANCE -Total $97.00 AEP IPSO ELECTRIC USE $3,494.47 KEN RAY UNDERWOOD SPECIAL PROSECUTOR $1,050.00 MAILROOM FINANCE INC POSTAGE $1,000.00 GEN GENERAL GOVERNMENT -Total $5,544.47 AEP /PSO ELECTRIC USE $97.84 GEN HISTORICAL MUSEUM -Total $97,84 JPMORGAN CHASE BANK FACEBOOK- ADVERTISE $256.48 JPMORGAN CHASE BANK GIANT OS- TRAINING $599.00 JPMORGAN CHASE BANK INDEED- ADVERTISE $1,000.98 JPMORGAN CHASE BANK INTER PUBLIC- MEMBERSH $175.00 JPMORGAN CHASE BANK ODP- SUPPLIES $31,49 JPMORGAN CHASE BANK REASORS - SUPPLIES $8.25 JPMORGAN CHASE BANK SAVON- BROCHURES $162.50 JPMORGAN CHASE BANK SAVON- MAILERS $250.00 JPMORGAN CHASE BANK STRATA - MAGAZINES $1,096.71 GEN HUMAN RESOURCES -Total $3,580.41 AT &T MOBILITY PUBLIC SAFE WIRELESS $83.35 HOLLON FIRE PROTECTION FIRE EXT INSPECT $16.00 JPMORGAN CHASE BANK CHICKASAW- SUPPORT $153.75 JPMORGAN CHASE BANK COX - INTERNET $100.05 JPMORGAN CHASE BANK GODADDY- DOMAIN RENEW $22.17 GEN INFORMATION TECH -Total $375.32 JPMORGAN CHASE BANK AMAZON- SUPPLIES $49.58 OA Claims List - 06/04/2024 Fund Vendor Name Payable Description Payment Amount 01 GENERAL JPMORGAN CHASE BANK BAILEYRANCH -EMPY REL $29.36 JPMORGAN CHASE BANK CHAMBER -FEES $265.00 JPMORGAN CHASE BANK LEE - SUBSCRIPTION $0,34 JPMORGAN CHASE BANK MEETING EXP 05/15 $205.80 JPMORGAN CHASE BANK ODP- SUPPLIES $4,92 JPMORGAN CHASE BANK SAMS- SUPPLIES $1.07 JPMORGAN CHASE BANK TEXAS RH -EMPY RECOG $25.00 JPMORGAN CHASE BANK TULSA PKG- PARKING $3.25 GEN MANAGERIAL -Total $584.32 SUMNERONE INC COPIER SERVICES $23.19 GEN MUNICIPAL COURT -Total CORNERSTONE -TOOLS $23,19 AEP /PSO ELECTRIC USE $3,215.84 JPMORGAN CHASE BANK AMAZON -EQUIP & SUPP $190.83 JPMORGAN CHASE BANK AMAZON -GAME BALLS $149.98 JPMORGAN CHASE BANK AMAZON- LAPTOP BAG $14.99 JPMORGAN CHASE BANK ATWOOD- GLOVES $31.98 JPMORGAN CHASE BANK C &C- SUPPLIES $728.00 JPMORGAN CHASE BANK CORNERSTONE -EDGER $125.58 JPMORGAN CHASE BANK CORNERSTONE -KEYS $30.32 JPMORGAN CHASE BANK LIBERTY -FLAG $39.00 JPMORGAN CHASE BANK LOWES- SUPPLIES $50.94 JPMORGAN CHASE BANK NEWELL- FERTILIZER $481.14 JPMORGAN CHASE BANK XCESSORIES- SUPPLIES $308.24 UNIFIRST HOLDINGS LP PARKS STAFF UNIFORMS $61.56 WASHINGTON CO RURAL WATER MCCARTY PARK WATER $36.80 DISTRICT GEN PARKS -Total $5,465.20 AEP /PSO ELECTRIC USE $345.25 TREASURER PETTY CASH NOTARY - LAWSON $10.00 GEN POLICE COMMUNICATIONS -Total $355.25 HOLLON FIRE PROTECTION FIRE EXT INSPECT $38.00 JPMORGAN CHASE BANK CORNERSTONE -TOOLS $9.98 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES $16.97 JPMORGAN CHASE BANK STANDARD- SUPPLIES $119.83 UNIFIRST HOLDINGS LP UNIFORM SERVICES $150.39 GEN STORMWATER -Total $335.17 TREASURER PETTY CASH ADOPTION REF -BAIRD $75.00 TREASURER PETTY CASH CC DEP REF - ATKINSON $50.00 TREASURER PETTY CASH CC DEP REF - BUGAJSKI $50.00 TREASURER PETTY CASH CC DEP REF - BURKHALTER $100.00 TREASURER PETTY CASH CC DEP REF- DAUJOTAS $50.00 3 Claims List - 06/04/2024 Fund Vendor Name Payable Description 01 GENERAL TREASURER PETTY CASH CC DEP REF -MAZAC TREASURER PETTY CASH TREASURER PETTY CASH TREASURER PETTY CASH TREASURER PETTY CASH TREASURER PETTY CASH CC DEP REF -RUST CC DEP REF -SMITH CC DEP REF- WILLIAMS CC DEP REF - WORSHAM OC DEP REF -RAMOS Payment Amount $50.00 $50.00 $50.00 $50.00 $100.00 $100.00 GENERAL -Total $725.00 GENERAL -Total $49,438.90 20 AMBULANCE SERVICE EMS TECHNOLOGY SOLUTIONS, LLC CONFERENCE $1,350.00 JPMORGAN CHASE BANK AMAZON -AIR FILTER $15.85 JPMORGAN CHASE BANK AMAZON -VEH UPFITTING $58.87 JPMORGAN CHASE BANK CAPITAL WASTE- DISPOSE $339.20 JPMORGAN CHASE BANK LIFE ASSIST - SUPPLIES $854.80 JPMORGAN CHASE BANK LODGING EXP 05101 -02 $203.16 JPMORGAN CHASE BANK LOWES -Bt UPFIT $61.66 JPMORGAN CHASE BANK MC PROTOCOLS -APP $2,000.00 JPMORGAN CHASE BANK MEDLINE- SUPPLIES $1,142.82 JPMORGAN CHASE BANK MEETING EXP 05107 $34.40 JPMORGAN CHASE BANK OREILLY-Bt UPFIT $24A4 JPMORGAN CHASE BANK OREILLY -104 HEADLIGHT $50.60 JPMORGAN CHASE BANK ZOLL- SUPPLIES $2,086.60 MEDICLAIMS INC BILLING SERVICES $14,388.50 AMBULANCE -Total $22,610.90 AMBULANCE SERVICE -Total $22,610.90 21 E -911 LUCIAN BODE TUITION REIMBURSEMENT $349.65 MOTOROLA SOLUTIONS INC ASTRO PLUS PKG $2,442.92 E911 COMMUNICATIONS -Total $2,792.57 E -911 -Total $2,792.57 25 HOTEL TAX OWASSO CHAMBER OF COMMERCE ECONOMIC DEVELOPMENT $8,165.00 HOTEL TAX ECON DEV -Total $8,165.00 JPMORGAN CHASE BANK BHM- SUBSCRIPTION $4,99 STRONG NEIGHBORHOODS -Total $4,99 HOTELTAX -Total $8,169.99 27 STORMWATER MANAGEMENT LEE SHIM CORP PUBLICATIONS $36.90 GARNETT CULVERT IMPROV -Total $36.90 AEP /PSO ELECTRIC USE $573.85 JPMORGAN CHASE BANK ATWOOD- SUPPLIES $270.84 JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK 4 CORE &MAIN - SUPPLIES CORNERSTONE - SUPPLIES EQUIP ONE - SUPPLIES $1,055.00 $20.97 $359.96 Claims List - 06/04/2024 Fund Vendor Name Payable Description Payment ELECTRIC USE $4,347.84 JPMORGAN CHASE BANK Amount 27 STORMWATER MANAGEMENT JPMORGAN CHASE BANK LOT 109- PARKING $8,00 JPMORGAN CHASE BANK JPMORGAN CHASE BANK LOWES- SERVICES $40.88 AMAZON -PT TESTING JPMORGAN CHASE BANK LOWES- SUPPLIES $30512 ($20.90) JPMORGAN CHASE BANK MAXWELL- SUPPLIES $61.00 JPMORGAN CHASE BANK JPMORGAN CHASE BANK OREILLY- SUPPLIES $71.96 AMER WASTE- DISPOSAL JPMORGAN CHASE BANK WHITE CAP - SUPPLIES $1,431.35 $7.60 TULSA COUNTY ADMIN SERVICES BROCHURES $104.44 JPMORGAN CHASE BANK UNIFIRST HOLDINGS LP UNIFORM SERVICES $11.74 CONRAD FIRE -PARTS UNITED STATES CELLULAR PW CELL PHONES $90.50 $7.77 CORPORATION FROGGYS -FOG $1,649.99 JPMORGAN CHASE BANK STORMWATER- STORMWATER -Total $35.16 $4,406.21 STORMWATER MANAGEMENT -Total JPMORGAN CHASE BANK $4,443.11 31 AMBULANCE CAPITAL JPMORGAN CHASE BANK BOUND TREE -IV PUMPS $13,933.53 JPMORGAN CHASE BANK AMBULANCE CAPITAL FD -Total $48,96 $13,933.53 JPMORGAN CHASE BANK AMAZON -ST1 ALERTING $323.23 JPMORGAN CHASE BANK HOME DEPOT -ST1 ALERT $11.47 JPMORGAN CHASE BANK LOCKE -ST1 ALERTING $69.50 STATION ALERTING SYSTEM -Total $404.20 AMBULANCE CAPITAL -Total $14,337.73 37 SALES TAX FIRE LIMESTONE CONSTRUCTION LLC FIRE STATION 1 REMODEL $309,694.77 FIRE STAT #1 RENOVATION -Total $309,694.77 AEP /PSO ELECTRIC USE $4,347.84 JPMORGAN CHASE BANK 5.11- UNIFORM $180.00 JPMORGAN CHASE BANK AMAZON - BATTERIES $120.92 JPMORGAN CHASE BANK AMAZON- LAPTOP CHARGER $64.84 JPMORGAN CHASE BANK AMAZON -PT TESTING $187.67 JPMORGAN CHASE BANK AMAZON- REFUND ($20.90) JPMORGAN CHASE BANK AMAZON- SUPPLIES $20.90 JPMORGAN CHASE BANK AMAZON -TOOLS $92,73 JPMORGAN CHASE BANK AMER WASTE- DISPOSAL $168.52 JPMORGAN CHASE BANK ATWOOD -OIL $7.60 JPMORGAN CHASE BANK ATWOOD -TW4 AIRLINE $19.15 JPMORGAN CHASE BANK CHEWY -K9 FOOD $54.06 JPMORGAN CHASE BANK CONRAD FIRE -PARTS $193.59 JPMORGAN CHASE BANK CORNERSTONE -MIXED GAS $7.77 JPMORGAN CHASE BANK FROGGYS -FOG $1,649.99 JPMORGAN CHASE BANK GODADDY- DOMAIN RENEW $35.16 JPMORGAN CHASE BANK LIBERTY FLAGS- REPAIR $96.00 JPMORGAN CHASE BANK LODGING EXP 4/29 -5/3 $428.00 JPMORGAN CHASE BANK LOWES -B1 UPFIT $26.22 JPMORGAN CHASE BANK LOWES -LOCKS $48,96 41 Claims List - 06/04/2024 Fund Vendor Name Payable Description Payment Amount 37 SALES TAX FIRE JPMORGAN CHASE BANK MES- CASCADE PARTS $520.84 JPMORGAN CHASE BANK MOORES- MAINTENANCE $300.00 JPMORGAN CHASE BANK PSN -WATER $416.20 JPMORGAN CHASE BANK ROBERTSON -AC REPAIR $356.74 JPMORGAN CHASE BANK RUMBLEDRUM -CLASS $30.00 JPMORGAN CHASE BANK SAMS- STATION BLENDER $99.98 JPMORGAN CHASE BANK SAMS- SUPPLIES $323.25 JPMORGAN CHASE BANK TRAVEL EXP 05/01 $94.00 JPMORGAN CHASE BANK TRAVEL EXP 4/29 -5/3 $165.64 JPMORGAN CHASE BANK TYLERTECH - SOFTWARE $1,355.00 JPMORGAN CHASE BANK UE -TW4 REPAIR $791.23 JPMORGAN CHASE BANK WS DARLEY -HOSE TRAP $106.80 SALES TAX FUND -FIRE -Total $12,288.70 SALES TAX FIRE -Total $321,983.47 38 SALES TAX POLICE AEP IPSO ELECTRIC USE $5,232.57 AT &T MOBILITY PUBLIC SAFE WIRELESS $142.95 HOLLON FIRE PROTECTION FIRE EXTING RECHARGE $86.90 JPMORGAN CHASE BANK 3M- SUPPLIES $493.38 JPMORGAN CHASE BANK AMAZON- SHOWER BENCHES $439.98 JPMORGAN CHASE BANK GODADDY- DOMAIN RENEW $167.88 JPMORGAN CHASE BANK MULLIN -PLUMB REPAIR $1,758.64 JPMORGAN CHASE BANK ODP -LEGAL PADS $30.48 JPMORGAN CHASE BANK XCESSORIES- SUPPLIES $377.43 MCINTOSH CORPORATION HVAC REPAIR $2,446.81 SALES TAX FUND- POLICE -Total $11,177,02 SALES TAX POLICE -Total $11,177.02 39 SALES TAX STREETS AEP /PSO ELECTRIC USE $2,964.60 BILLY BASORE APRIL DIRT $195.00 INCOG GO PLAN PARTICIPATION $12,500.00 JPMORGAN CHASE BANK ATWOOD- SUPPLIES $99.98 JPMORGAN CHASE BANK BUMPER- SUPPLIES $34.67 JPMORGAN CHASE BANK CRAFCO- SUPPLIES $213.90 JPMORGAN CHASE BANK DOLESE - CONCRETE $3,318.00 JPMORGAN CHASE BANK GELLCO -BOOTS $175.00 JPMORGAN CHASE BANK LOWES- SUPPLIES $443.99 JPMORGAN CHASE BANK MAXWELL- SUPPLIES $147.50 JPMORGAN CHASE BANK OREILLY- SUPPLIES $32.94 JPMORGAN CHASE BANK UPS- SHIPPING $57.85 JPMORGAN CHASE BANK VANCE BROS -FENCE $214.50 JPMORGAN CHASE BANK XCESSORIES- SUPPLIES $1,818.26 UNIFIRST HOLDINGS LP UNIFORM SERVICES $238.62 11 Fund Claims List - 0610412024 Vendor Name Payable Description Payment Amount 39 SALES TAX STREETS WASHINGTON CO RURAL WATER 116 LANDSCAPE IRRIG $271.84 DISTRICT SALES TAX FUND- STREETS -Total $22,726.65 SALES TAX STREETS - Total $22,726.65 40 CAPITAL IMPROVEMENTS KIMLEY -HORN AND ASSOCIATES INC PROFESSIONAL SVCS $16,156.00 86TH ST WIDENING 145 -161 -Total $16,156.00 UNIVERSAL FIELD SERVICES INC ROW ACQUISITION SVCS $4,000.00 96TH FROM 134TH TO 145TH -Total $4,000.00 UNIVERSAL FIELD SERVICES INC ROO ACQ SVCS MILEAGE $176.21 UNIVERSAL FIELD SERVICES INC ROW ACQUISITION SVCS $3,275.00 CIP 96/145TH INTERSECT -Total $3,451.21 CAPITAL IMPROVEMENTS -Total $23,607.21 70 CITY GARAGE AEP /PSO ELECTRIC USE $434.77 JPMORGAN CHASE BANK AMAZON -LIFT $70.41 JPMORGAN CHASE BANK ASCO -PARTS $658.55 JPMORGAN CHASE BANK CHRIS NIKEL- SERVICE $1,992.70 JPMORGAN CHASE BANK HESSELBEIN -TIRES $2,090.58 JPMORGAN CHASE BANK JIM GLOVER -PARTS $326.25 JPMORGAN CHASE BANK STANDARD -PARTS $8.09 JPMORGAN CHASE BANK UNITED FORD -PARTS $1,043.28 UNIFIRST HOLDINGS LP VEHICLE MAINT UNIFORM $79.06 VEHICLE MAINTENANCE •Total $6,703.69 CITY GARAGE -Total $6,703.69 76 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS $8,525.39 WORKERS'COMPSELF -INS -Total $8,525.39 WORKERS' COMP SELF -INS -Total $8,525.39 77 GENERAL LIABILITY - PROPERT HALL, ESTILL, HARDWICK, GABLE, LEGAL SERVICE FEES $302.50 GEN LIAB -PROP SELF INS -Total $302.50 GENERAL LIABILITY - PROPERT - Total $302.50 78 HEALTHCARE SELF INS FUND JPMORGAN CHASE BANK PUSH PEDAL - FITNESS $180.00 JPMORGAN CHASE BANK SAVON- MAILERS $250.00 JPMORGAN CHASE BANK SPROUTS - SUPPLIES $12.30 JPMORGAN CHASE BANK WALMART- LUNCHEON $6.96 WELLNESS -Total $449,26 HEALTHCARE SELF INS FUND -Total $449.26 City Grand Total $497,268.39 �d TO: The Honorable Mayor and City Council FROM: Jason Woodruff, Deputy Chief of Police SUBJECT: 2025 Oklahoma Highway Safety Office Grant DATE: May 31, 2024 BACKGROUND: In the last decade, there were over 6,000 motor vehicle collisions in Owasso. Of those accidents, more than 1,000 resulted in serious injury or death. Although Owasso continues to enjoy very low violent crime rates, the threat presented to the safety of our residents and visitors from traffic collisions continues to be a concern and necessitates that the Owasso Police Department direct resources toward traffic enforcement. The Owasso Police Department applied for grant funding through the "2025 Highway Safety Office Grant." This grant is made available by the Oklahoma Highway Safety Office (OHSO). The purpose of the grant is to provide Oklahoma law enforcement agencies with resources to reduce the number of injury/fatality collisions in Oklahoma. In May 2024, OHSO notified staff that $94,181.00 has been awarded to the Police Department. OHSO designated this funding for approximately 2,000 hours of supplemental overtime to be directed specifically toward high visibility general traffic enforcement. Partnering with OHSO to reduce collisions is consistent with the department's objective to reduce traffic - related injuries and fatalities. GRANT FUNDING: There is no match requirement for the grant award; however, the Police Department will be responsible for fuel and maintenance costs for police vehicles used during grant overtime traffic patrols. The grant is funded using a cost reimbursement concept. The Police Department will expend monies through its existing budget and then claim reimbursement from OHSO. In order to receive grant funding, the City of Owasso must enter into an agreement with OHSO and provide resources to manage the grant. RECOMMENDATION: Staff recommends acceptance of the 2025 Highway Safety Office Grant in the amount of $94,181.00, authorization to execute all necessary documents, and approval of a budget amendment in the Half Penny Sales Tax Fund, increasing estimated revenues and the appropriation for expenditures in the Police Department by $94,181.00. sd P- e.a�«,....REµ� TO: The Honorable Mayor and City Council FROM: David Hurst, Fire Chief SUBJECT: Cherokee Nation Donation Acceptance and Budget Amendment DATE: May 31, 2024 BACKGROUND: On May 6, 2024, the Cherokee Nation donated $3,500.00 to the City of Owasso Fire Department. The donation is part of the Cherokee Nation's initiative to be good partners within the community by aiding worthwhile causes that provide valuable services to the community and Cherokee Nation citizens. If approved, the donated funding will be utilized to support fire department operations. RECOMMENDATION: Staff recommends acceptance of the donation from the Cherokee Nation, and approval of a budget amendment increasing the estimate of revenues and the appropriation for expenditures in the Fire Department by $3,500.00. TO: The Honorable Mayor and City Council FROM: Carly Novozinsky, Finance Director SUBJECT: FY 2024 -2025 Budget Public Hearing DATE: May 31, 2024 BACKGROUND: The Municipal Budget Act establishes definitions and other requirements for budgetary accounting. Among the requirements is a public hearing by the governing body of the proposed budget. The hearing is to be conducted no later than fifteen days before the end of the fiscal year. Notice of the hearing with the proposed Budget Summary must be published five days before the hearing. The attached notice was published in the Owasso Reporter on Wednesday, May 22, 2024, and Wednesday, May 29, 2024. The public hearing provides an opportunity for comments or questions about the proposed budget from the public and the City Council. The proposed budget will be on the June 11, 2024, Worksession agenda for discussion. A resolution to approve the FY 2024 -2025 budget will be on the June 18, 2024, City Council agenda for consideration and action. ATTACHMENT: Notice of Public Hearing \V \ Rtin TER AFFIDAVIT OF PUBLICATION Owasso Reporter 202 E 2nd Ave (918) 272 -1155 1� of lawful age, am a of it�vr the Owasso Reporter of Owasso, Oklahoma, a weekly newspaper of general circulation in Tulsa County, Oklahoma, a legal newspaper qualified to publish legal notices, as defined in 25 O.S. A A§ 106 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publication. That said notice, a true copy of which is attached hereto, was published in the regular edition of said newspaper during the period and time of publication and not in a supplement, on the DATE(S) LISTED BELOW PUBLICATION DATES :MCQ 224 9-q I B LI ATa I M;Z! $ �1 boa � , `Z. S VERIFICATION STATE OF INDIANA COUNTY OF LAKE Signed or attested before me on this 30 day of �Jbk A.D. 202. t, Notary Public My Commission Expires: " p� "'r.. CHRISTINA PALMA o� Notary Public, State of Indiana j �SEAL °= Lake County %h•, t Commission Number NP0760111 .�, "pp11paP�p�° My Commission Expires July 24, 2031 Notice of Public Hearing Owasso City Council will hold a public hearing on the proposed FY 2025 budget during the City Council meeting at 6:30 on June 4, 20241n the Council Chambers pl Old Central, 109 N. Birch. The proposed budget is available for inspection at City Hall, the Owasso Public Library and www.cityofowasso.com City of Owasso - Proposed Budget Summary Fiscal Year 2024 -2025 Revenue by Fund 6 Source Expenditure by Fund 8 Deaadment General Fund: General Fund: Taxes $ 40225,468 Municipal Court $ 418,225 Licenses& Permits 253,302 Managerial 1.078.549 Intergovernmental 959.112 Finance 986,886 Charges & Fees 768,224 Human Resources 655,205 Fines & Forfeitures 311,899 General Government 652,097 Other 335,979 Information Technology 1,591,981 Interfund Transfers In 22,099.128 Building Maintenance 651,678 Half Penny Sales Tax Fund: Community Development 1,185,935 Taxes 5.630,649 Police Services 9.389,891 Other 146.194 Police Communlcalions 363.911 Interfund Transfers In 1,134,515 Animal Control 371,071 Ambulance Service Fund: Fire Services 7,580,00p Charges & Fees 2,251,122 Emergency Preparedness 151,883 Other 20,299 Engineering 1,123,391 Ambulance Capital Fund: Slormwater 802,100 Charges & Fees 396,265 Cemetery 129,704 Other 8,456 Parks 1,342.248 E -911 Fund: Recreation S, Culture 578,468 Charges & Fees 440,072 Community Center 537,184 Other 14,223 Historical Museum 44,690 Interfund Transfers In 1,100.000 Economic Development 248,000 Cemetery Care Fund: Strong Neighborhood 17,667 Charges &Fees 1,000 Half Penny Sales Tax Fund: Other Vt Police Services 2,721,836 Emergency Siren Fund: Fire Services 2,699,763 Licenses & Permits 1,434 Streets 3.138,878 Other 200 Vision Recapture Tax Fund 340,029 Hotel Tax Fund: Ambulance Service Fund 2,017,842 Taxes 619.661 Ambulance Capital Fund 318,339 Other 34,101 E -911 Fund 1,724,915 Marini Management Fund: Cemetery Care Fund 1,850 Charges & Fees 1,963,139 Emergency Siren Fund 10,000 Other 63,990 Juvenile Court Fund 434 Opioid Settlement Fund: Hotel Tax Fund: Other 2,000 Economic Development 96.000 Tax Incremental Financing: Strong Neighborhood 235,746 Taxes 503.209 Stormwater Management Fund 7,513.034 Other 969 Opicid Settlement Fund 34,759 Vision Recapture Tax Fund: Park Development Fund 250,WD Taxes 20,00) Capital Improvements Fund 9,410,000 Other 5,000 Transportation Tax Fund 6,400.000 Park Development Fund: Vehicle Maintenance Fund 988,525 Licenses & Permits 30,000 Self - Insurance Fund: Other 3,794 Workers'Comp 696,000 Capital Improvements Fund: Gen Prop Liob 5104000 Other 142.604 Healthcare 9,227,300 Interfund Transfers in 2,798,214 Subtotal Expenditures 72,238,014 Transportation Tax Fund: Taxes 5,928,004 Interfund Transfers Out: Other 13,000 General Fund Transfer to OPWA 33 ,289,342 Vehicle Maintenance Fund: General Fund Transfer to E -91 I Fund 1,100,000 Charges & Fees 944,756 General Fund Transfer to Half Penny Funtl - Streets 1,134,515 Self- Insurance Fund: TIF Transfer to OPWA 504,178 Charges & Fees 10,187,300 General Fund Transfer to OPGA 1,000,000 Other 75,000 Sinking Fund Transfer to Self - Insurance Fund 105,000 Interfund Transfers In 105,000 Total Expenses $ 109,371.049 Sinking Fund: Taxes 105.000 Other 21 Total Revenues $ 99,642476 TO: The Honorable Mayor and City Council FROM: Michele Dempster, Human Resources Director SUBJECT: City Attorney Employment Agreement DATE: May 31, 2024 BACKGROUND: Subsequent to an Executive Session for the purpose of discussing the annual employment evaluation and personnel matters of the City Attorney, Julie Lombardi, a proposed Employment Agreement was developed. COMMENTS: Staff was directed to prepare a proposed agreement with a July 1, 2024 effective date, including an annual salary of $168,000, longevity pay equivalent to that of non - contract employees, and a $100 a month technology allowance. The proposed contract includes language continuing the Employment Agreement into Fiscal Year 2025 -2026, contingent upon City Council approval of funding through the budget process for the second year. ACTION: Presented for your consideration is an Employment Agreement between the City and City Attorney, Julie Lombardi. Outside attorney Beth Anne Childs has reviewed the proposed Employment Agreement. ATTACHMENT: Employment Agreement between City of Owasso and City Attorney, Julie Lombardi. EMPLOYMENTAGREEMENT THIS EMPLOYMENT AGREEMENT (the "Agreement "), is made and entered into as of this 4th day of June, 2024, by and between the City of Owasso, Oklahoma (the "City ") and Julie Lombardi ( "Lombardi "). WHEREAS, the City Council desires to employ the services of Julie Lombardi to serve as City Attorney for the City of Owasso, Oklahoma; and WHEREAS, in order to make possible full work productivity and exercise of professional judgment and to provide for Lombardi's peace of mind and morale in the performance of her duties, it is appropriate to establish certain conditions of employment and benefits in a written employment agreement; and WHEREAS, Lombardi has agreed to accept employment as the City Attorney, subject to the terms, conditions and provisions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: SECTION I - EMPLOYMENT AS CITY ATTORNEY; DUTIES; AND REASONABLE SKILL AND DILIGENCE 1.1 Employment as City Attorney. The City hereby agrees to employ Julie Lombardi as City Attorney of the City of Owasso, Oklahoma. 1.2 Duties. Lombardi shall perform the functions and duties specified in the City of Owasso Charter, the Owasso Code of Ordinances, and Oklahoma State Statutes. Lombardi shall perform all other legally permissible and proper duties and functions as the City Council shall from time - to -time assign. All duties assigned to Lombardi by the Council shall be appropriate to and consistent with the professional role and responsibilities of the position of City Attorney. 1.2 Reasonable Skill and Diligence. Lombardi shall perform the duties of City Attorney with reasonable care, diligence, skill, and expertise. SECTION I1- TERM OF AGREEMENT; SUBSEQUENT FISCAL YEAR FUNDING; AND NEGOTIATION FOR NEW AGREEMENT 2.1 Term of Agreement. The term of this Agreement shall commence on July 1, 2024, and be in effect until June 30, 2026. 2.2 Funds for Subsequent Fiscal Years. The parties acknowledge that Lombardi's salary and benefits for fiscal year 2026 are on a year -to -year basis, subject to annual appropriation. 2.3 Negotiation for New Employment Agreement. No later than May 15, 2026, the City Council shall meet, consider, and advise Lombardi of the Council's intent to enter into good faith negotiations for a new Employment Agreement. SECTION III — COMPENSATION; BENEFITS; AND RETIREMENT 3.1 Salary. Lombardi shall be paid a base salary of $168,000.00 per year. Lombardi's salary shall be payable in bi- weekly installments at the same time other City employees are paid. 3.2 Longevity _Pay. The City agrees to pay to Lombardi the same longevity pay provided to other non -union employees of the City. 3.3 Insurance. Lombardi shall receive the same group term life, health, vision, dental, and disability insurance coverage as is offered to other non -union employees of the City. Dependent coverage shall be offered subject to compliance with all group plan provisions established in the plan benefit documents with the City's contribution to be the same percentage toward dependent coverage as regular non -union employees. 3.4 Other Benefits. Unless expressly provided otherwise in this Agreement and in addition to those benefits specifically set forth herein, Lombardi shall receive all other benefits offered to regular non -union City employees. 3.5 Retirement. Lombardi is entitled to continued participation in the City's retirement programs under the same terms and conditions offered to other non -union City employees. SECTION IV - TRANSPORTATION AND TECHNOLOGY 4.1 Transportation. Lombardi will use her personal vehicle in the performance of her duties. When she is required to use her personal vehicle, the City shall reimburse her according to IRS standard mileage rates for the current tax year. 4.2 Provision of Technology. Recognizing the importance of security and access to City systems, whether at the office or away, the City shall provide Lombardi a laptop, tablet, mobile technology and related software for the primary purposes of City- related use. Upon termination of Lombardi's employment, all issued laptops, tablets, and mobile connectivity devices shall be returned to the City. 4.3 Technology Allowance. Because of Lombardi's need to facilitate communication in the furtherance of City business outside of regular business hours, Lombardi shall be entitled to a technology allowance in the amount of $100.00 per month. The technology allowance shall include internet and cellular phone service, as well as other necessary technology. Lombardi shall be responsible for securing appropriate and necessary technology, phone and internet service. SECTION V - PAID LEAVE 5.1 Vacation. Lombardi shall be entitled to annual vacation leave as is provided to regular non -union employees. 5.2 Sick Leave. Lombardi shall be entitled to the same amount of sick leave provided to regular non -union employees with no maximum accrual. 2 5.3 Holidays. Lombardi shall be entitled to the same paid holidays provided to regular non- union employees. SECTION VI - PROFESSIONAL DUES; SUBSCRIPTIONS; AND TRAINING 6.1 Professional Dues and Subscriptions. The City shall pay the professional dues and subscriptions for Lombardi as necessary for her full participation in the Oklahoma BarAssociation (the "OBA "), the International Municipal Lawyers Association ( "IMLA "), the Oklahoma Association of Municipal Attorneys ( "OAMA "), and the Tulsa County Bar Association (the "TCBA "). The City Council shall consider Lombardi's participation in other organizations as may be appropriate for the maintenance of Lombardi's license to practice law, her professional growth and advancement, and for the good of the City, including the Chamber of Commerce and civic clubs. 6.2 Training and Professional Development. The City shall pay for Lombardi to travel to continuing legal education, meetings, short courses, conferences, institutes, and seminars as needed for Lombardi's professional development or in support of City development, management, and operations. SECTION VII - HOURS OF WORK AND OUTSIDE EMPLOYMENT 7.1 Hours of Work. Lombardi acknowledges the proper performance of her duties require her to generally observe normal business hours and will also often require the performance of necessary services outside of normal business hours. Lombardi agrees to devote such additional time as is necessary for the full and proper performance of her duties and that the compensation herein provided includes compensation for the performance of all such services. However, the City intends that reasonable time off be permitted to Lombardi, such as is customary for exempt employees so long as the time off does not interfere with the normal conduct of the office of City Attorney. 7.2 Outside Employment. Lombardi agrees to be in the exclusive employment of the City unless and until this Agreement is terminated and further agrees to devote full time and effort to the performance of her duties. Lombardi shall not work for any other employer except as specifically approved by the City Council. This provision shall not preclude occasional teaching or occasional consulting with organizations such as the Oklahoma Municipal League, the International Municipal Lawyers Association, or the Oklahoma Association of Municipal Attorneys, or to any writing during Lombardi's time off, so long as such activities do not interfere with her duties of her duties. SECTION VIII - TERMINATION AND SEVERANCE 8.1 Termination by Lombardi. Lombardi may terminate this Agreement for any reason with sixty (60) days written notice to the Mayor. In the event of Lombardi's voluntary termination, she shall not be entitled to any of the Severance Provisions contained in Section 8.6, but shall be entitled to payment for all accrued vacation, payable in a lump sum, minus applicable federal and state deductions and payroll taxes. 8.2 Resignation. City and Lombardi mutually agree that certain circumstances may arise where Lombardi may tender her resignation from employment conditioned upon the receipt of severance pay as described in Section 8.6 herein. If the City Council accepts such resignation, the claim for payment as described in Section 8.6 shall be approved and paid. 8.3 Termination by City Council for Cause. The City Council may terminate this Agreement at any time for any reason amounting to Lombardi's affirmative misconduct, malfeasance in office, conviction or plea of guilty or nolo contendere for a crime involving moral turpitude, or the physical inability to perform the duties of office. In the event of Lombardi's termination for cause, she shall not be entitled to any of the Severance Provisions contained in Section 8.6. 8.4 Termination by City Council for any Reason Other Than Cause The City Council may terminate this Agreement for any reason other than for cause as set forth in Section 8.3. In the event of termination for any reason other than for cause as set forth in Section 8.3, Lombardi shall be entitled to a Severance Package as set forth in Section 8.6. 8.5 Expiration. The parties hereby agree that expiration of this Agreement without an offer from the City, or an expressed desire on behalf of the City to renew the Agreement, shall constitute termination without cause, and, unless otherwise negotiated with Lombardi, or notification given of the reasons for termination with cause by City, shall result in payment of twelve (12) months of Lombardi's salary and benefits, as set forth more fully in Section 8.6. 8.6 Severance Package. In the event of termination for any reason other than cause as set forth in Section 8.3 above, Lombardi shall be entitled to a Severance Package consisting of the following: a. Twelve (12) months' salary, paid in a lump sum, minus applicable federal and state deductions and payroll taxes following the first full year of Lombardi's term of employment as an employee of the City of Owasso; and b. The City's portion of Lombardi's Medical, Dental, and Vision insurance for a period of one (1) year paid in a lump sum; and c. Accrued vacation, paid in a lump sum, minus applicable federal and state deductions and payroll taxes. 8.7 Compliance with Severance Provisions. For the purposes of complying with the severance provisions of this Agreement, appropriations held as unencumbered fund balances in any appropriate fund of the City of Owasso or the Owasso Public Works Authority shall be deemed to be available and authorized for transfer to the appropriate salary and benefit expenditure accounts to insure fulfillment of the Severance Provisions of this Agreement. SECTION IX - PERFORMANCE REVIEWS AND MERIT CONSIDERATION 9.1 Formal Performance Review. The City Council shall conduct a formal performance review of Lombardi on or before June 30, 2025. The Performance Review shall be in accordance with specific criteria developed jointly by the City Council and Lombardi. 9.2 Merit Consideration. Merit consideration for a salary increase will be provided in conjunction with the Formal Performance Review, or more often if the City Council so indicates. El Salary adjustments, if given, will be based upon satisfactory or better performance during each year of employment. ARTICLE X - NOTICES 10.1 Notices. Any notices pursuant to this Agreement shall be given by deposit in the United States Mail, postage prepaid, to the following: City: Mayor of the City of Owasso 200 South Main Owasso, Oklahoma 74055 Lombardi: Julie Lombardi 200 South Main Owasso, Oklahoma 74055. Alternatively, notices may be personally served upon Lombardi and the Mayor, who is authorized to accept service on behalf of the City Council. Notice shall be deemed given as of the date of personal service or as of the date of deposit of the written notice in the United States mail. ARTICLE XI - LICENSURE TO PRACTICE LAW AND INDEMNIFICATION 11.1 License to Practice Law: Lombardi warrants and agrees that she is licensed to practice law in the State of Oklahoma and is in good standing with the Oklahoma Bar Association. Lombardi agrees that she must maintain her license to practice and remain in good standing throughout the term of this Agreement and as a condition of her employment. Should Lombardi cease to be authorized to practice law in Oklahoma or cease to be in good standing with the Bar Association, this Agreement will terminate immediately. 11.2 Indemnification: To the maximum extent permitted by law, the City agrees to defend, indemnify, and hold Lombardi harmless against any and all claims, demands, suits, actions or proceedings of any kind or nature, including reasonable attorney's fees, arising out of the good faith performance of her duties and responsibilities as City Attorney. ARTICLE XII - GENERAL PROVISIONS 12.1 General Expenses. The City Council recognizes that certain expenses of a nonpersonal and job - affiliated nature are incurred by Lombardi and the City, therefore, agrees to reimburse or pay said general expenses and the Finance Director is authorized to disburse such funds upon receipt of duly executed expense reports, receipts, statements, or affidavits. 12.2 Entire Agreement and Modification. This document contains the entire agreement between the parties and may not be modified except in writing and executed by both parties. 12.3 Savings Clause and Severability. If any provisions or sections of this Agreement are found to be invalid or unenforceable for any reason, such finding shall not impair the remainder of the Agreement. 12.4 Representations by Lombardi. Lombardi specifically represents that she has sought such independent consultation and representation with regard to this Agreement as she may desire, prior to its execution. Lombardi fully understands the terms and conditions contained herein. Lombardi further understands that no individual of the Owasso City Council and no employee of the City has functioned as an agent or advisor of Lombardi prior to execution of this Agreement. 12.5 Jurisdiction and Venue. This Agreement has been executed in Tulsa County, Oklahoma, and virtually all of the performance of this Agreement shall be performed throughout the State of Oklahoma. Therefore, all suits and special proceedings hereunder shall be construed under and pursuant to the laws of the State of Oklahoma, which laws shall apply and govern any such actions or special proceedings brought or in connection with or because of this Agreement, the exclusion of the law in any other forum. APPROVED BY THE CITY COUNCIL ON THIS. 4th DAY OF JUNE, 2024. CITY OF OWASSO: ATTEST: Alvin Fruga, MAYOR Juliann Stevens, CITY CLERK Approved as to form and legality: Beth Anne Childs Beth Anne Childs, Special Counsel • ICS'• Julie Lombardi sd TO: The Honorable Mayor and City Council FROM: Michele Dempster, Human Resources Director SUBJECT: International Association of Firefighters Local #2789 Contract for FY 2024 -2025 DATE: May 31, 2024 BACKGROUND: The Fiscal Year 2023 -2024 contract negotiated with the International Association of Firefighters (IAFF) includes a provision for a second year, pending City Council ratification. The second year of the contract, effective for Fiscal Year 2024 -2025, includes a 4% across the board increase effective July 1, 2024. All other language remains unchanged. The increase in all costs associated with continuing the contract is $287,537. RECOMMENDATION: Staff recommends ratification of the Fiscal Year 2024 -2025 contract between the City of Owasso and the International Association of Firefighters Local #2789 and authorization to execute all necessary documents. ATTACHMENT: 2024 -2025 IAFF contract AGREEMENT BETWEEN THE CITY OF OWASSO, OKLAHOMA A MUNICIPAL CORPORATION moo INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL NO. 2789 July 1, 2024 - June 30, 2025 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 I 1 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 ARTICLE16 STAFFING ............................................................................... .............................18 ARTICLE 17 SAFETY AND HEALTH COMMITTEE ................................ .............................19 ARTICLE 18 GRIEVANCE PROCEDURES ................................................ .............................20 ARTICLE 19 DUES CHECK - OFF ................................................................. .............................25 ARTICLE 20 COMPENSATION ................................................................... .............................26 ARTICLE21 OVERTIME .............................................................................. .............................29 ARTICLE 22 VACATIONS AND HOLIDAYS ............................................ .............................31 ARTICLE23 SICK LEAVE ........................................................................... .............................32 ARTICLE 24 COURT AND JURY LEAVE .................................................. .............................34 ARTICLE25 UNIFORMS .............................................................................. .............................35 ARTICLE 26 INSURANCE ............................................................................ .............................37 ARTICLE 27 TUITION REIMBURSEMENT ............................................... .............................38 ARTICLE 28 SUCCESSORS AND ASSIGNS .............................................. .............................40 ARTICLE 29 SAVINGS CLAUSE ................................................................. .............................41 ARTICLE30 LONGEVITY ........................................................................... .............................42 ARTICLE 31 RETIREMENT AND PENSION .............................................. .............................43 ARTICLE 32 PHYSICAL FITNESS PROGRAM ......................................... .............................44 ARTICLE 33 DRUG & ALCOHOL TESTING ............................................. .............................45 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 RECOGNITION 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. 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 NEUTRALITY CLAUSE "Gender ". A word importing one gender only shall extend and be applied to 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, 2023 and shall remain in full force and effect until midnight, June 30, 2024. The Employer and the Union agree that on or before June 30, 2024 each shall ratify all articles of this agreement to provide for a continuation of this agreement for fiscal year July 1, 2024 to June 30, 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. 0 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. 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, complaint, 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 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. 10 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 first choice of replacement shall go to another employee meeting the following criteria: 1. Has the same duty qualifications; 2. Among those with the same duty qualifications, has the most seniority; and 3. 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. 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 ofjob 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. IL 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. 1F.3 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 terns 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 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 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 terns 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) business days. a. Arbitrators must have NAA affiliation (National Academy of Arbitrators). 2. Within ten (10) business days from the receipt of 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. 24 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, 2023 according to the employee's range and step as of June 30, 2023 (with adjustments in steps on anniversary dates.) Effective 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 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 I 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. 91 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. 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 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. 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. 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 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. 27 ARTICLE 20 COMPENSATION (Continued) 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. 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. K ARTICLE 21 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 %2) 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 al ARTICLE 21 OVERTIME (Continued) 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). 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. 30 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 Employment Yearly Yearly Method of Maximum Total Total Total Accumulation Limit* 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 %z times the members regular hourly rate when required to work a scheduled holiday. Such members shall also receive an alternate day off. 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. 31 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. 32 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. 1 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. 33 ARTICLE 24 COURT AND JURY LEAVE Section 1. Employees who are required to serve as court witnesses orjurors 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, whichever is greater. For the purpose of this article, the normal rate of pay shall include "scheduled overtime" pay. 34 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; ten (10) short sleeve Class C shirts; two (2) long sleeve Class C shirts; two (2) pair Class D shorts; one (1) pair Class D sweatpants; two (2) hooded sweatshirts; one (1) winter coat; one (1) tie; one (1) belt; one (1) pair work boots or shoes; one (1) stocking cap; one (1) ball cap; one (1) gear bag; two (2) nameplates. Section 3. All safety equipment, such as helmets, flashlight, bunk out coats, pants, boots, safety gloves, 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 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 fire station. Section 5. All firefighters will receive protective clothing, as per standard operating procedure of the department. 35 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 I" 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 I" and January 31". 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, lightweight jacket, winter coat, duty shoes /boots, 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. UZ 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 %) 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. 37 ARTICLE 27 TUITION REIMBURSEMENT 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" may be reviewed in 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. Section 2. The employer 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. RE ARTICLE 27 TUITION REIMBURSEMENT (Continued) Section 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 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. 39 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. M 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. 41 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. 42 ARTICLE 31 RETIREMENT AND PENSION Employer and employee shall contribute toward the Oklahoma Firefighters Pension and Retirement System per requirements of State Statutes. 43 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. 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 ". 45 SIGNATURE PAGE IN WITNESS WHEREOF, the parties have hereunto set their hands this _ day of , 2024. CITY OF OWASSO, OKLAHOMA, A Municipal Corporation C ATTEST: Alvin Fruga, Mayor Juliann M. Stevens, City Clerk INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL NO. 2789 IAFF President ATTEST: APPROVED AS TO FORM: Julie Lombardi, City Attorney 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. Article 20 Education Propay* Degree in field of Fire Protection Technology, Nursing or EMS Degree not in the field of Fire 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) Article 20 Other Propays • Fleet Manager, eighty -three cents per hour ($0.83/hr)* • IF SAC, 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. 47 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 M 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: 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 of. Reasonable Suspicion. 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: 1. 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 amphetamines, cannabinoids, cocaine, phencyclidine (PCP), hallucinogens, methaqualone, opiates, barbiturates, benzodiazepines, synthetic narcotics, designer drugs, or a metabolite of any of the substances listed herein. 50 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: i. 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. 51 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. 52 APPENDIX C SUBSTANCE ABUSE POLICY (Continued) Confidentiality of Testing Results and Records Disclosure of General health Information Prohibited: 1. 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. 53 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 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) 54 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 rests, it 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 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 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. 55 APPENDIX E PHYSICAL FITNESS TEST (Continued) Option B: Pull -ups in Lieu of Push -ups, or Sit -ups. Participants can elect to complete ten pull -ups in lieu of either the push -ups, or sit -ups. 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 two requirements mentioned in this option. 56 sd TO: The Honorable Mayor and City Council FROM: Larry Escalanta, General Services Superintendent SUBJECT: Regenerative Air Street Sweeper with a 74HP Auxiliary Engine DATE: May 31, 2024 PROPOSED ACTION: Staff is seeking City Council consideration and action to purchase a new street sweeper. BACKGROUND: In 2012, the City purchased the first mechanical street sweeper to remove debris from the roadways as part of a best management practice as recommended by the Environmental Protection Agency to reduce pollutants that could otherwise end up in the storm drain. Now in operation for twelve years, City staff is proposing to replace the equipment due to age and maintenance cost. PROPOSED PURCHASE: City staff is proposing to purchase an Elgin RegenX Street Sweeper with a 74HP Auxiliary Engine utilizing a Freightliner M2 106 Plus Chassis. The proposed sweeper allows for a more environmentally friendly operation and contains a larger storage bin for debris collection, leading to less returns to the facility to dump the container. The opportunity to bid was advertised in accordance with the City of Owasso's purchasing ordinance. Sealed bids were opened on May 7th at 2 PM and one (1) vendor, J &R Equipment, returned a responsive bid of $378,740.00. Upon further discussion with J &R Equipment, staff learned the some equipment was available through a cooperative purchasing contract, Sourcewell, at a reduced price. The vendor agreed to decrease the bid price by the Sourcewell discount of $5,641.95. Included in the bid solicitation was an option to use the existing 2012 sweeper as a trade -in. The bid submitted by J &R Equipment provides a $9,400.00 allowance for the use of a trade -in. Staff has estimated the value of the 2012 sweeper at $20,000.00 and is requesting to declare the sweeper as surplus to the needs of the City and authorize disposal through auction. FUNDING: Funding is included in the FY 2024 approved budget for this equipment. RECOMMENDATION: Staff recommends approval to purchase a Regenerative Air Street Sweeper with a 74HP Auxiliary Engine from J & R Equipment of Oklahoma City, Oklahoma, in the amount of $373,125.05. Staff recommends declaring the 2012 Elgin Series F Model- F2904D Street Sweeper (VIN# 1FVACXDTXCHBW0862) as surplus to the needs of the City and authorizing disposal of the equipment via auction. ATTACHMENT: J &R Purchasing Agreement RAILM ELSTAW Presents a Proposal Summary RegenX Easy to use, easy to clean, easy to maintain. Mid -Dump Regenerative Air Sweeper. For J AND R STOCK rar RegenX Pagel of 10 Quote Number: 2023 -70614 Team Member: Angela Allen Date: 05 -14 -2024 Tel: ffMkff JEWIN RegenX Sidebrooms /Steering Domicile Size of Sidebroom Fuel Type Basic Chassis Info Source Chassis Brand /Model Chassis Mounting Charge Chassis Equipment Spare Chassis Key Chassis Battery Disconnect Seating Options Cab Mounted Convex Mirrors Horn Options In Cab Air Restriction Gauge Chassis Brooms Piranha Brush r1l, RegenX Quote Number: 2023- 70614 Date: 05 -14 -2024 Dual Sidebroom /Dual Steering Continental USA 42 Diesel Elgin 2025 M2 Dual Steer 26k Chassis Mounting Charge 2 Yes (Standard) Right Hand Air -ride Cloth Hi -Back 12" Non - Heated Convex Mirrors Dual Air Horns Yes Yes Page 2 of 10 Team Member Angela Allen Tel: R EME GIN Sidebroom Tilt Option Right Hand Yes Sidebroom Tilt Option Left Hand Yes Dual Sidebroom Scrubbing position Yes Variable Speed brooms Dual Conveyance & Hopper 6" Drain In -Cab Hopper Dump Hopper Deluge Hopper Coating Systems Right Mounted Wandering Hose Inspection Doors -Right Dust Control & Flush Systems Yes Yes Yes Lifeliner Hopper System Yes Right Hand Door Fill Hose Length 25' Front Spray Bar Yes High Pressure Washdown Yes Gauges and Indicators Hydraulic Oil Level Gauge WTThermometer Yes on Tank Component Protection SO, RegenX Page 3 of 10 Quote Number: 2023- Team Member 70614 Angela Allen Date: 05 -14 -2024 Tel: R iiii Auxiliary Hydraulic Pump Yes Idle Down / No Water Yes Turbo II Precleaner Yes Extra Key Auxiliary Engine 2 Lighting & Compliance Lighting LED Beacon Cab & (2) Rear Work and Flood Lights; Individual Rocker Dual Sidebroom and Dual Rear Lights -LED Switches Miscellaneous Lighting (2) Alternating Flashing Rear LED Lights Triangle Reflective Flares (3) Yes LED Stop /TaillTurn Yes Slow Moving Vehicle Sign Yes Manuals and Warranty Sweeper Warranty Sweeper: Operators Manuals Sweeper: Parts Manuals Sweeper: Service Manuals Chassis: Operators Manuals Chassis: Parts Manuals Chassis: Service Manuals John Deere Operators Manuals John Deere Parts Manuals r•1 RegenX Quote Number: 2023- 70614 Date: 05 -14 -2024 Through 2nd Year (Parts /Labor) 1 1 1 2 1 1 1 1 Page 4 of 10 Team Member Angela Allen Tel John Deere Service (Tech) Manuals Tools/Toolbox Hydrant Wrench Yes Right Hand Lockable Toolbox Yes Fire Extinguishers 5 Ibs Paint & Decal Paint Sweeper Paint Chassis Elgin Logo rlr RegenX Quote Number: 2023- 70614 Date: 05 -14 -2024 Standard White Standard White Red Logo Page 5 of 10 Team Member Angela Allen Tel: EmkIff ELODW Chassis Notes : Sweeper Body (Before Discount): Sourcewell Discount: Chassis and Freight: Total: Price indicated includes approved Special Request Price valid for 30 Days from date of 05 -14 -2024 Product Model:RegenX Proposal Date: 05 -14 -2024 Quote Number: 2023 -70614 Price List Date: 12 -01 -2023 QTY: 1 Customer Proposal Notes: $200,065.00 $6,001.95 $179,062.00 $373,125.05 1. Multiple unit orders will be identical to signed proposal. Changes or deviations to any unit of a multiple unit order will require a new signed proposal. 2. Chassis specifications and data codes for customer supplied chassis must be submitted to and approved by ELGIN priorto submittal of customer purchase order. 3. All prices quoted are in US Dollars unless otherwise noted. 4. This proposal incorporates, and is subject to, Elgin's standard terms and conditions attached hereto and made a part hereof. Signed By: Date: RegenX Page 6 of 10 Quote Number: 2023 -70614 Team Member: Angela Allen Date: 05 -14 -2024 Tel : EL910: 1 LIMITED WARRANTY r Limited Warranty. Each machine manufactured by ELGIN SWEEPER COMPANY ( "ESCO" or the "Company ") is , -t warranted against defects in material and workmanship for a period of 12 months, provided the machine is used {T] in a normal and reasonable manner and in accordance with all operating instructions. If sold to an end user, the applicable warranty period commences from the date of delivery to the end user. If used for rental purposes. theE -� ' applicable warranty period commences from the date the machine is first made available for rental by the Company f' or its representative. This limited warranty may be enforced by any subsequent transferee during the warranty -� period. This limited warranty is the sole and exclusive warranty given by the Company. 4 Exclusive Remedy. Should any warranted product tail during the warranty period. ESCO will rouse to be repaired �.. ,. or replaced, as the Company may elect, any part or parts of such machine that the Company's examination \ t ( discloses to be defective in material or factory workmanship. Repairs or replacements are to be made at the selling �. Elgin distributor's location or at other locations approved by ESCO_ In lieu of repair or replacement, the Company .b - �- may elect, at its sole discretion, to refund the purchase price of any product deemed defective. The foregoing - i remedies shall be the sole and exclusive remedies of any party making a valid warranty claim. The ESCO Limited Warranty shall not apply to (and ESCO shall not be responsible for): f f 1. Major components or trade accessories that have a separate warranty from their original manufacturer, such t� as, but not limited to, trucks, engines, hydraulic pumps and motors, tires and batteries. i _ 2. Normal adjustments and maintenance services. - -� 3. Normal wear parts such as, but not limited to, brooms, oils, fluids, filters. broom wire, shoe runners, rubber A deflectors and suction hoses. ' A, 4. Failures resulting from the machine being operated in a manner or for a purpose not recommended by ESCO. /--N. 5. Repairs, modifications or alterations without the express written consent of ESCO, which in the Company's sole judgment, have adversely affected the machine's stability, operation or reliability as originally designed 6 and manufactured. 6. hems subject to misuse. negligence, accident or Improper maintenance. ' 1 " "-"✓ . -NOTE' The use in the product of any part other than parts approved by ESCO may invalidate this warranty. ESCOr reserves the right to determine. In its sole discretion, if the use of non - approved parts operates to Invalidate the l - warranty. Nothing contained In this warranty shall make ESCO liable for loss, injury, or damage of any kind to any �---�_ Y person or entity resulting from any defect or failure In the machine, y _ ly" : THIS WARRANTY SHALL BE IN LIEU OFALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING< WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FORA j PARTICULAR PURPOSE, ALL OF WHICH ARE DISCLAIMED. I y ,y This warranty is in lieu of all other obligations or liabilities, contractual and otherwise, on the part of ESCO. For the avoidance of doubt, ESCO shall not be liable for any indirect. special, incidental or consequential damages, including, but not limited to, loss of use or lost profits. ESCO makes no representation that the machine has�� , d 1 the capacity to perform any functions other than as contained in the Company's written literature, catalogs or specifications accompanying delivery of the machine. No person or affiliated company representative is authorized _.'. to alter the terms of this warranty. to give any other warranties or to assume any other liability on behalf of ESCO In '- ;_'._ 1' connection with the sale, servicing or repair of any machine manufactured by the Company. Any legal action based f- �; hereon must be commenced within eighteen (18) months of the event or facts giving rise to such action. .. i.}. ESCO reserves the right to make design changes or Improvements in its products without Imposing any obligation upon itself to change or Improve previously manufactured products. ELGIN SWEEPER COMPANY - .^- 13nn W Radlott Rnad RegenX Page 7 of 10 Quote Number: 2023 -70614 Team Member: Angela Allen Date: 05 -14 -2024 Tel : EMIN TERMS AND CONDITIONS ORDERS: All orders are subject to acceptance by Elgin Sweeper, Inc. (hereafter referred to as Elgin). Orders for products not normally carried in stock or requiring special engineering or manufacturing is in every case subject to approval by Elgin's Management. PRICES: All orders are subject to current prices in effect at the time of order acknowledgment. F.O.B. Point: Unless otherwise stated, all prices listed are F.O.B. factory. Elgin reserves the right to increase the order price set forth in this Proposal Summary at any time before delivery to Buyer to reflect any increase in Elgin's costs to manufacture or deliver the ordered product due to any factor beyond the reasonable control of Elgin. Elgin shall provide Buyer with prompt electronic notice of any such price increase. Buyer shall have five days from receipt of such notice to cancel its order, absent which Buyer shall be deemed to have consented to the price increase. PAYMENT TERMS: The company's payment terms are due upon receipt, unless otherwise stated. However, until such time as Elgin receives full payment, Elgin shall maintain a purchase money security interest in the product. CANCELLATION: Orders cannot be canceled except upon terms that will compensate Elgin for any loss or damage sustained. Such loss will be a minimum of 10% of the purchase price. SHIPMENT: All proposals are based on continuous and uninterrupted delivery of the order upon completion, unless specifications distinctly state otherwise. In the event that agreement is reached for Elgin to store completed items, they will be immediately invoiced to the customer and become due and payable. Storage shall be at the risk of the customer and Elgin shall be liable only for ordinary care of the property. STORAGE CHARGES: Elgin shall charge the customer at current rates for handling and storing customer's property (e.g. truck chassis) held for more than thirty (30) days after notification of availability for shipment All customer's property, or third party's property, that is stored by Elgin is at the customer's or other party's risk. Elgin is not liable for any loss or damage thereto caused by fire, water, corrosion, theft, negligence, or any caused beyond its reasonable control. PERFORMANCE: Elgin shall not be liable for failure to complete the contract in accordance with its terms if failure is due to wars, strikes, fires, floods, accidents, delays in transportation or other causes beyond its reasonable control. EXPERIMENTAL WORK: Work performed at customer's request such as sketches, drawings, design, testing, fabrication and materials shall be charged at current rates. -- W RegenX Page 8 of 10 Quote Number: 2023- Team Member: Angela 70614 Allen Date: 05-14 -2024 Tel : EMIN SKETCHES, ENGINEERING DRAWINGS, MODELS, and all preparatory work created or furnished by Elgin, shall remain its exclusive property; and no use of same shall be made nor may ideas obtained therefrom be used except with the consent of and on terms acceptable to Elgin. TAXES: Buyer's final cost shall include all applicable sales and use taxes, including all sales and use taxes attributable to any changes made to Buyer's initial order placed hereunder or to any changes to applicable sales and use tax laws. However, Elgin Manufacturing, Inc. shall be responsible for Federal Excise Tax(FE.T) unless it is separately stated on the invoice and added to the selling price. If F.E.T. is not separately stated on the invoice it has not been included in the price and Elgin will pay any F.E.T. due itself and bear the cost of the tax. Any refunds or adjustments to the F.E.T. in such cases belong to Elgin. PRODUCT IMPROVEMENTS: Elgin reserves the right to change manufacturing specifications and procedures in accordance with its product improvement policy. MOUNTING PRICES: Mounting prices assume normally factory installation on a truck chassis suitable for the unit purchased. Relocation of batteries, fuel tanks, mufflers, air tanks, etc. will be an additional charge, billed at the standard factory labor rate. WARRANTY: Elgin warrants its products to be free from defects in material and workmanship for a period of 12 months, subject to the limitations and conditions set forth in its current published warranty. Other than those expressly stated herein. THERE ARE NOT OTHER WARRANTIES OF ANY KIND EXPRESS OR IMPLIED, AND SPECIFICALLY EXCLUDED BUT NOT BY WAY OF LIMITATION, ARE THE IMPLIED WARRANTIES OF FITNESS FORA PARTICULAR PURPOSE AND MECHANTABILITY. IT IS UNDERSTOOD AND AGREED THE ELGIN'S LIABILITY WHETHER IN CONTRACT, IN TORT, UNDERANY WARRANTY IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY THE PURCHASER AND UNDER NO CIRCUMSTANCES SHALL ELGIN BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE PRICES STATED FOR THE EQUIPMENT IS A CONSIDERATION IN LIMITING ELGIN'S LIABILITY. NO ACTION REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTION OF THE AGREEMENT MAY BE BROUGHT BY PURCHASER MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS OCCURRED. ELGIN'S MAXIMUM LIABILITY SHALL NOT EXCEED AND BUYER'S REMEDY IS LIMITED TO EITHER (I) REPAIR OR REPLACEMENT OF THE DEFECTIVE PART OF PRODUCT, ORAT ELGIN'S OPTION (II) RETURN OF THE PRODUCTAND REFUND OF THE PURCHASE PRICE AND SUCH REMEDY SHALL BE BUYER'S ENTIRE AND EXCLUSIVE REMEDY. CHOICE OF LAW: These Terms and Conditions shall be construed according to the laws of the State of Illinois. Failure at any time by Elgin to exercise any of its rights under this agreement shall not constitute a waiver - thereof nor prejudice Elgin's right to enforce it thereafter. RegenX Page 9 of 10 Quote Number.. 2023- Team Member: Angela 70614 Allen Dale: 0514 -2024 Tel : IrRAWMAkB COMPLETE AGREEMENT: These terms and conditions, contain the complete and final agreement between the parties hereto and no other agreement in any way modifying any of these terms and conditions will be binding on Elgin unless in writing and agreed to by an authorized representative of Elgin. All proposed terms included in Buyer's purchase order or other standard contracting documents are expressly rejected. I agree with the above terms and conditions: Signed By: Date: RegenX Quote Number. 2023- 70614 Date: 05 -14 -2024 Page 10 of 10 Team Member: Angela Allen Tel: C __ sd. TO: The Honorable Mayor and City Council FROM: Daniel Dearing, CFM, PE, Assistant City Engineer SUBJECT: Recommendation for Contract Award - Garnett Culvert Improvement Project DATE: May 31, 2024 BACKGROUND: Project will increase the capacity of the storm box culverts under North Garnett Road, south of East 96th Street North just upstream of the Garnett Regional Detention Pond. Increased capacity prevents North Garnett Road from overtopping in the 100 -year storm and reduces the flooding of private property caused from the culvert restriction. • August 2022, City Council approved the design agreement for Garnett Culvert Improvements with Meshek & Associates, LLC • After 90% design completion, utility relocation commenced and was completed in 2023 • Final Design details completed in 2024 • Project bidding schedule was delayed to prevent the North Garnett Road construction occurring simultaneous with East 96th Street North roadway construction • Change in the East 96th Street North construction phasing, allowed for project to proceed with bid advertisement SOLICITATION OF BIDS: In April 2024, City Engineering staff completed final bid documents and published advertisements in accordance with state statutes. A mandatory pre -bid meeting was held on May 14th, and bids were opened on May 21 st, with a total of six contractors submitting bids. City Engineering staff completed a Bid Tabulation, showing the bid amounts and engineering estimate: Engineering Estimate $794,173.50 Diversified Civil Contractors $689,885.00 Triangle Construction & Utility $792,330.00 R &L Construction $794,999.00 Grade Line Construction $913,915.00 Bright Lighting Inc $1,343,995.65 Becco Contractors, Inc $1,479,000.00 Diversified Civil Contractors provided the lowest bid in the amount of $689,885.00, which is below the engineering estimate. Included in the project is a project allowance of $100,000.00 should the final project cost require additional scope of work unforeseen at the time of bidding. FUNDING: Funding is available in the Stormwater Fund Budget. RECOMMENDATION: Staff recommends awarding the construction contract to Diversified Civil Contractors, LLC of Broken Arrow, Oklahoma, in the amount of $689,885.00, and authorization to execute all necessary documents. Garnett Culvert Improvements Page 2 ATTACHMENTS: Site Map Agreement Section of Contract Documents GARNETT CULVERT IMPROVEMENTS 1 - IL STN , an 41, T ,I. 'I ����' i �• � � _I.' } `. ,� t1 �, � f } �` I ' ' ill p 44J 1. iF LU I f: r I n ,• is I -L.- �.„ "—r-a' R 1 ' ...ti° .1 ,I :.„ , a Irk �- 1. � //' • /`:/ ' r�t r • "1• z _ r •_ r 1 ` '" - 4,',0 f 05/2812024 S(`J ..p6�1 AMIb MlI�E4 CIIx „�1�. This map may represents a visual display of related geographic information. Data provided here on is not guarantee of actual field conditions. To be sure of complete accuracy, please contact the responsible staff for most up-to-date information. SECTION 00300 AGREEMENT THIS AGREEMENT is dated as of the 4th day of June , 2024 by and between City of Owasso (hereinafter called OWNER) and Diversified Civil Contractors, LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: GARNETT CULVERT IMPROVEMENTS CITY OF OWASSO, OKLAHOMA Modification to existing box culvert and installation of an additional box culvert under Garnett Road to increase the amount of stormwater flow conveyed through the culverts to prevent overtopping of Garnett in large storm events. ARTICLE 2. ENGINEER The project has been assigned to the Project Manager or his/her duly authorized representative, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIME 3.1 The Work will be substantially completed within one hundred fifty (150) calendar days from the date of Notice to Proceed; and completed and ready for final payment in accordance with the General Conditions within one hundred eighty (180) calendar days from the date of Notice to Proceed, which will be on or before 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER, if the Work is any such proof. OWNER and CONTRACTOR agree that 00300 - Page 1 of 15 as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two Thousand Dollars ($2000.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for substantial completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Two Thousand Dollars ($2000.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds the amount agreed upon in CONTRACTOR'S bid. 4.2 CONTRACTOR understands that the estimated quantities are not guaranteed and that the determination of actual quantities and their classification is to be made by the OWNER at the time of application for payment. 4.3 CONTRACT AMOUNT: Contract amount is Six hundred eighty nine thousand eight hundred and eighty five dollars ($ 689 885.00 ), ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions on the Pay Estimate Forms included as Exhibit "A" to this Agreement. Applications for Payment will be processed by OWNER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment in accordance with the City of Owasso's Payment Schedule included as Exhibit "B" to this Agreement during construction as provided below. All progress payments will be on the basis of the progress of the Work. 5.1.1 Progress payments shall not exceed an amount equal to 95% of the WORK completed until such time as CONTRACTOR shall complete in excess of fifty percent (50 %) of the contract amount. 5.1.2 Upon completion in excess of fifty percent (50 %) of the total contract amount, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 97.5% of the Contract Price, less such amounts as OWNER shall determine in accordance with the General Conditions, provided that OWNER has determined that satisfactory progress is being made, and upon approval by the Surety. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the Contract Price. ARTICLE 6. CONTRACTOR'S REPRESENTATIONS 00300 - Page 2 of 15 In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself /herself with the nature and extent of Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports or explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except underground facilities) which have been identified in the Supplementary Conditions as provided in the General Conditions. Contractor accepts the determination set forth in the General Conditions of the extent of the "technical data" contained in such reports and drawings upon which Contractor is entitled to rely. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to underground facilities at or continuous to the site. Contractor has obtained and carefully studied (or assume responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 6.3 CONTRACTOR has made or caused to be made examinations, investigations, tests and studies of such reports and related data in addition to those referred to in paragraph 6.2 as (s)he deems necessary for the performance of the Work at the Contract price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including the General Conditions. 00300 - Page 3 of 15 6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terns and conditions of the Contract Documents. 6.6 CONTRACTOR has given OWNER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. 6.7 CONTRACTOR has obligated himself /herself to the OWNER to be responsible for the workmanship, labor and materials used in the project for two (2) years after the project has been accepted by the OWNER. 6.8 CONTRACTOR understands that (s)he will be exempt from all sales tax on materials and other items necessary for the completion of the project. The OWNER has issued him a Certification of Tax Exempt Project enclosed as Exhibit "C" of this Agreement. ARTICLE 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof, and consist of the following: 7.1 This Agreement (pages 1 to 6 inclusive). 7.2 Exhibits "A ", 'B ", "C" and "D" to this Agreement. 7.3 Advertisement for Bids (Section 00100). 7.4 Requirements for Bidders (Section 00110). 7.5 Instructions to Bidders (Section 00120). 7.6 Bid (Section 00200). 7.7 Bid Bond (Section 00210). 7.8 Bid Affidavits (Section 00220). 7.9 Statement of Bidders Qualifications (Section 00230). 7.10 Certificate of Non - Discrimination (Section 00240). 7.11 Performance Bond (Section 00410). 7.12 Maintenance Bond (Section 00420). 7.13 Statutory payment Bond (Section 00430). 00300 - Page 4 of 15 7.14 Notice of Award (Section 00510). 7.15 Notice to Proceed (Section 00520). 7.16 Change Order (Section 00600). 7.17 General Conditions (Section 00700). 7.18 Project Specifications (Section 00800). 7.19 Special Provisions (Section 00900). 7.20 Project Drawings, consisting of Sheets 1 to 27, inclusive, and Standard Drawings. 7.21 Addendum Numbers 1 to 1 , inclusive. 7.22 Documentation submitted by CONTRACTOR prior to Notice of Award. 7.23 Any Modification, including Change Orders, duly delivered after execution of Agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in the General Conditions). ARTICLE 8. MISCELLANEOUS 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 OWNER and CONTRACTOR each binds himself/herself, his/her partners, successors, assigns, and legal representatives to the other party hereto, his /her partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.3 The Agreement (or remaining portions thereof) should continue in effect, be valid and binding upon both parties even if a provision or part of the Contract Documents should be held void or unenforceable by law. AGREEMENT 00300 - Page 5 of 15 IN WITNESS WHEREOF, the parties hereby have signed this Agreement in duplicate. One counterpart has been delivered to CONTRACTOR, the other belongs to OWNER. All portions of the Contract Documents have been signed by OWNER and CONTRACTOR. This Agreement will be effective on OWNER: By Alvin Fruga, Mayor (SEAL) ATTEST: Juliann M. Stevens, City Clerk Approved as to form: Julie Lombardi, City Attorney Address for giving notices: 200 South Main St. Owasso, OK 74055 June4 2024 CONTRACTOR: (SEAL) Name Title 00300 - Page 6 of 15 EXHIBIT "A" PAY ESTIMATE FORM (TYPICAL) AGREEMENT 00300 - Page 7 of 15 APPLICATION AND CERTIFICATE FOR PAYMENT I Page One of TO: (Owner) Contract Date: FROM: (Contractor) PROJECT: CONTRACT FOR: Application Date: Period To: Distribution To: Owner Architect Contractor Engineer CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for payment, as shown below, in connection with the Contract. Continuation sheet is attached. 1. Original Contract Sum 2. Net Change by Change Orders 3. Contract Sum to Date (Line I & 2) It 4. Total Completed & Stored to Date $_ (Column G on Continuation Sheet) 5. Retainage: a. % of Completed Work $ (Column D & E on Continuation Sheet) - FINAL b. % of Stored Material $ (Column F on Continuation Sheet) Total Retainage (Line 5a & 5b) 6. Total Earned Less Retainage (Line 4 less Line 5 Total) 7. Less Previous Certificates for Payment 00300 - Page 8 of 15 8. CURRENT PAYMENT DUE 9. Balance to Finish, Plus Retainage (Line 3 less Line 6) CHANGE ORDER SUMMARY: ADDITIONS Change Orders approved in previous months by OWNER TOTALS Approved this month Number Date Approved TOTALS Net Change by Change Orders DEDUCTIONS The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief, the WORK covered by this Application for payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. CONTRACTOR By: STATE OF OKLAHOMA ) ) SS COUNTY OF ) Subscribed and sworn to before me this day of (SEAL) My Commission Expires: Date: Notary Public 0030D - Page 9 of 15 ARCHITECT'S / ENGINEER'S CERTIFICATE FOR PAYMENT In accordance with the contract documents, based on on -site observations and the date comprising the above application, the Architect/Engineer certifies to the Owner that to the best of the Architect/s /Engineer's knowledge, information and belief, the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the amount certified. AMOUNT CERTIFIED $ (Attach explanation if amount certified differs from the amount applied for.) ARCHITECT / ENGINEER: LE This certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the contractor named herein. Issuance, payment and acceptance of payment without prejudice to any rights of the Owner or Contractor under this Contract. 00300 -Page 10 of 15 CONTINUATION SHEET Page of Application and Certification for Payment, containing Contractor's signed Certification is attached. Application Number: Application Date: Period to: In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. A B C D E (cont) ITEM NO. DESCRIPTION OF WORK SCHEDULED VALUE WORKCOMPLETED FROM PREVIOUS WORK COMPLETED THIS HIS PERIOD (cont) F G H I R E) MATERIALS PRESENTLY STORED (NOTMDO TOTALCOMPLETED AND STORED TO DATE (D +E +0 (G /C) BALANCE TO FINISH (C-G) RETAMAGE NOTE: At bottom of each column, run totals. 00300 - Page I I of 15 CLAIM OR INVOICE AFFIDAVIT STATE OF OKLAHOMA ) )SS COUNTY OF ) The undersigned (Architect, Contractor, Supplier, Engineer or Supervisory Official), of lawful age, being first duly sworn, on oath says that this (Invoice, Claim or Contract) is true and correct. Affiant further states that the (work, services or materials) as shown by this Invoice or Claim have been (completed or supplied) in accordance with the Plans, Specifications, orders or requests furnished to the Affiant. Affiant further states that (s)he has made no payment, nor given, nor donated, or agreed to pay, give, or donate, either directly or indirectly, to any elected official, officer, or employee of the State, County, or City of money or any other thing of value to obtain payment or the award of this contract. Contractor or Supplier Subscribed and sworn to before me this day of Notary Public Commission # My Commission Expires: Architect, Engineer or other Supervisory Official Subscribed and sworn to before me this day of Notary Public Commission # My Commission Expires: NOTE: Strike out words not appropriate and sign appropriate signature line. Architect, Engineer approval is not required for Contractor or Supplier Affidavit. 00300 - Page 12 of 15 IM\ 10314" CITY OF OWASSO, OKLAHOMA Contractor and Engineer Payment Schedule INVOICES ARE TO BE SUBMITTED FOR THE REGULARLY SCHEDULED CITY COUNCIL MEETINGS ONLY. The contractor or engineer shall have his /her pay request in by 5:00 p.m. on the first day of the month unless the first falls on a Saturday, Sunday or Holiday, then it will be the next working day. Pay requests are, therefore, due on the following dates: May - 05/01/24 September - 09/02/24 January - 01/01/25 June - 06/03/24 October - 10/01/24 February - 02/03/25 July - 07/01/24 November - 11/01/24 March - 03/03/25 August - 08/01/24 December - 12/02/24 April - 04/01/25 Failure to meet the above dates and time may result in payment being delayed until the following pay cycle. AGREEMENT 00300 - Page 13 of 15 EXHIBIT "C" CERTIFICATION OF TAX EXEMPT PUBLIC PROJECT The City of Owasso hereby certifies that: Diversified Civil Contractors, LLC public contract pursuant to the law for the following purposes, to -wit: GARNETT CULVERT IMPROVEMENTS has duly entered into a Accordingly, under the provisions of 68 O.S. §1356(l), the sale of tangible personal property or services necessary for carrying out such public contract to the contractor or any sub - contractor to such public contract are exempt from sales tax. Any contractor, or sub - contractor of such public contract shall certify, in writing, on the copy of the invoice or sales ticket to be retained by the vendor that the purchases are necessary for carrying out such public contract with the City of Owasso. CITY OF OWASSO, OKLAHOMA BY °Contract Administrator 00300 - Page 14 of 15 EXHIBIT "D" CERTIFICATE OF APPROVAL OF CONTRACT AND BONDS I, the undersigned, Shellie Wingert, the duly authorized and acting legal representative of do hereby certify as follows: I have examined the construction contract between the contractor, and the above -named entity, and the surety bonds given by the contractor in connection with the performance of said contract, and the manner of execution of the contract and surety bonds; and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto, acting through their fully authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named therein; and that the foregoing contract and surety bonds constitute valid and legally binding obligations upon the parties executing the same in accordance with the terms, conditions, and provisions thereof. Dated this day of Sheltie Wingert Tulsa County, Oklahoma 00300 - Page 15 of 15 TO: The Honorable Mayor and City Council FROM: H. Dwayne Henderson, P.E, CFM, City Engineer SUBJECT: Bid Award for 2024 Street Rehabilitation Project Maintenance of Existing Streets Using High Density Mineral Bond DATE: May 31, 2024 BACKGROUND: • Over time, the oil that serves as glue within asphalt pavement evaporates due to exposure to air and causes asphalt to break down and ravel • To rejuvenate the asphalt, seal coat can be applied to extend the life of the paving • Seal coat is messy, takes several days to cure, and when used often stains car paint when the material is pulled up by the automobile tires • Fog seal is an alternate product that has been used in Owasso, but the longevity is less than tack oil and streaks over time, giving an unkept look • High - Density Mineral Bond (HDMB) is a product placed on asphalt roads before the tack oil starts to separate due to air exposure, sealing the tack oil and allowing the pavement to be more flexible. Protecting asphalt from exposure to air will extend the service life of asphalt for 7 -10 years, cures within eight hours of application, and does not streak over time • Staff researched applications in other municipalities and is confident the product will benefit Owasso • As a part of the 2024 Street Rehabilitation Project, four neighborhoods were selected as excellent candidates for this application. They are the following: • Crescent Ridge • Burberry Place • Keys Landing • Hickory Creek BID ADVERTISEMENT: In April of 2024, engineering staff, in accordance with state law, advertised the project in the Tulsa World on April 25th and May 2nd. There was no pre -bid meeting due to the specialized nature of the project. Few contractors apply the HDMB due to the intense guidelines for cleaning and application, so very few bidders were expected. The bid opening was held on May 161h at Owasso City Hall and one bid was received. Bidder Base Bid Holbrook Asphalt, LLC $235,104 Engineer's Estimate $201,753 FUNDING: Funding in the amount of $235,104 is available in the Capital Improvement Fund. RECOMMENDATION: Staff recommends award of the contract to Holbrook Asphalt, LLC of Saint George, Utah in the amount of $235,104 and authorization to execute the necessary documents. Bid Award Page 2 ATTACHMENTS: Agreement Location Map SECTION 00300 AGREEMENT THIS AGREEMENT is dated as of the 4th day of June 2024, by and between City of Owasso (hereinafter called OWNER) and Holbrook Asphalt, LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: HIGH DENSITY MINERAL BOND CITY OF OWASSO, OKLAHOMA ARTICLE 2. ENGINEER The project has been assigned to the Project Manager or his/her duly authorized representative, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIME 3,1 The Work will be substantially completed within thirty (30) calendar days from the date of Notice to Proceed; and completed and ready for final payment in accordance with the General Conditions within sixty (60) calendar days from the date of Notice to Proceed, which will be on or before 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER, if the Work is any such proof. OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER One Thousand Dollars ($1000.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for substantial completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the AGREEMENT 00300 - Page I of 15 remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER One Thousand Dollars ($1000.00) for each consecutive calendar day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds the amount agreed upon in CONTRACTOR'S bid. 4.2 CONTRACTOR understands that the estimated quantities are not guaranteed and that the determination of actual quantities and their classification is to be made by the OWNER at the time of application for payment. 4.3 CONTRACT AMOUNT: Contract amount is Two hundred thirty five thousand . one hundred and four dollars ($ 936 a no ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions on the Pay Estimate Forms included as Exhibit "A" to this Agreement. Applications for Payment will be processed by OWNER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment in accordance with the City of Owasso's Payment Schedule included as Exhibit "B" to this Agreement during construction as provided below. All progress payments will be on the basis of the progress of the Work. 5.1.1 Progress payments shall not exceed an amount equal to 95% of the WORK completed until such time as CONTRACTOR shall complete in excess of fifty percent (501/o) of the contract amount. 5.1.2 Upon completion in excess of fifty percent (50 %) of the total contract amount, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 97.5% of the Contract Price, less such amounts as OWNER shall determine in accordance with the General Conditions, provided that OWNER has determined that satisfactory progress is being made, and upon approval by the Surety. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the Contract Price. ARTICLE 6. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 00300 - Page 2 of 15 6.1 CONTRACTOR has familiarized himself/herself with the nature and extent of Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports or explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except underground facilities) which have been identified in the Supplementary Conditions as provided in the General Conditions. Contractor accepts the determination set forth in the General Conditions of the extent of the "technical data" contained in such reports and drawings upon which Contractor is entitled to rely. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to underground facilities at or continuous to the site. Contractor has obtained and carefully studied (or assume responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 6.3 CONTRACTOR has made or caused to be made examinations, investigations, tests and studies of such reports and related data in addition to those referred to in paragraph 6.2 as (s)he deems necessary for the performance of the Work at the Contract price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including the General Conditions. 6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 00300 - Page 3 of 15 6.6 CONTRACTOR has given OWNER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. 6.7 CONTRACTOR has obligated himself /herself to the OWNER to be responsible for the workmanship, labor and materials used in the project for two (2) years after the project has been accepted by the OWNER. 6.8 CONTRACTOR understands that (s)he will be exempt from all sales tax on materials and other items necessary for the completion of the project. The OWNER has issued him a Certification of Tax Exempt Project enclosed as Exhibit "C" of this Agreement. ARTICLE 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof, and consist of the following: 7.1 This Agreement (pages 1 to 6 inclusive). 7.2 Exhibits "A ", 'B ", "C" and "D" to this Agreement. 7.3 Advertisement for Bids (Section 00100). 7.4 Requirements for Bidders (Section 00110). 7.5 Instructions to Bidders (Section 00120). 7.6 Bid (Section 00200). 7.7 Bid Bond (Section 00210). 7.8 Bid Affidavits (Section 00220). 7.9 Statement of Bidders Qualifications (Section 00230). 7.10 Certificate of Non - Discrimination (Section 00240). 7.11 Performance Bond (Section 00410). 7.12 Maintenance Bond (Section 00420). 7.13 Statutory payment Bond (Section 00430). 7.14 Notice of Award (Section 00510). 7.15 Notice to Proceed (Section 00520). 00300 - Page 4 of 15 7.16 Change Order (Section 00600). 7.17 General Conditions (Section 00700). 7.18 Project Specifications (Section 00800). 7.19 Special Provisions (Section 00900). 7.20 Project Drawings, consisting of Sheets 1 to 7, inclusive, and Standard Drawings. 7.21 Addendum Numbers to _, inclusive. 7.22 Documentation submitted by CONTRACTOR prior to Notice of Award. 7.23 Any Modification, including Change Orders, duly delivered after execution of Agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in the General Conditions). ARTICLE 8. MISCELLANEOUS 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 OWNER and CONTRACTOR each binds himself/herself, his/her partners, successors, assigns, and legal representatives to the other party hereto, his/her partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.3 The Agreement (or remaining portions thereof) should continue in effect, be valid and binding upon both parties even if a provision or part of the Contract Documents should be held void or unenforceable by law. IN WITNESS WHEREOF, the parties hereby have signed this Agreement in triplicate. One counterpart has been delivered to CONTRACTOR, the remaining two belong to OWNER. All portions of the Contract Documents have been signed by OWNER and CONTRACTOR. 00300 - Page 5 of 15 This Agreement will be effective on _ OWNER: By Alvin Fruga, Mayor (SEAL) ATTEST: Juliann M. Stevens, City Clerk Approvgd as to form: Julie Lombardi, City Attorney Address for giving notices: 200 South Main St. Owasso- OK 74055 CONTRACTOR: (SEAL) Name Title 00300 - Page 6 of 15 EXHIBIT "A" PAY ESTIMATE FORM (TYPICAL) 00300 - Page 7 of 15 APPLICATION AND CERTIFICATE FOR PAYMENT Page One of TO: (Owner) FROM: (Contractor) PROJECT: CONTRACT FOR: Contract Application Date: Period To: Distribution To: Owner Architect Contractor Engineer CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for payment, as shown below, in connection with the Contract. Continuation sheet is attached. 1. Original Contract Sum $ 2. Net Change by Change Orders $ 3. Contract Sum to Date (Line 1 & 2) $ 4. Total Completed & Stored to Date (Column G on Continuation Sheet) 5. Retainage: a. % of Completed Work $ (Column D & E on Continuation Sheet) - FINAL b. % of Stored Material $ (Column F on Continuation Sheet) Total Retainage (Line 5a & 5b) $ 6. Total Earned Less Retainage (Line 4 less Line 5 Total) 7. Less Previous Certificates for Payment IR 00300 - Page 8 of 15 8. CURRENT PAYMENT DUE 9. Balance to Finish, Plus Retainage (Line 3 less Line 6) CHANGE ORDER SUMMARY: Change Orders approved in previous months by OWNER TOTALS Approved this month Number Date Approved L V L ALo Net Change by Change Orders F ADDITIONS DEDUCTIONS IN eA The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief, the WORK covered by this Application for payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. ANN "1, 401413 IC STATE OF OKLAHOMA ) ) SS COUNTY OF ) Subscribed and sworn to before me this day of (SEAL) My Commission Expires: Date: Notary Public 00300 - Page 9 of 15 ARCHITECT'S / ENGINEER'S CERTIFICATE FOR PAYMENT In accordance with the contract documents, based on on -site observations and the date comprising the above application, the Architect /Engineer certifies to the Owner that to the best of the Architect/s/Engineer's knowledge, information and belief, the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the amount certified. AMOUNT CERTIFIED $ (Attach explanation if amount certified differs from the amount applied for.) ARCHITECT / ENGINEER: M This certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the contractor named herein. Issuance, payment and acceptance of payment without prejudice to any rights of the Owner or Contractor under this Contract. 00300 - Page 10 of 15 CONTINUATION SHEET Page of Application and Certification for Payment, containing Contractor's signed Certification is attached. Application Number: Application Date: Period to: In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. A B C D E (cont)c ITEM NO. DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETED FROM PREVIOUS WORK COMPLETED THIS HIS PERIOD c (cont) F G H I RE)MATERIALS PRESENTLY STORED (NOT MDO TOTAL COMPLETED AND DATE STORED (D +E +0 ( % BALANCE TO FINISH (C -G) RETAWAGE NOTE: At bottom of each column, run totals. 00300 - Page I I of 15 CLAIM OR INVOICE AFFIDAVIT STATE OF OKLAHOMA )SS COUNTY OF The undersigned (Architect, Contractor, Supplier, Engineer or Supervisory Official), of lawful age, being first duly sworn, on oath says that this (Invoice, Claim or Contract) is true and correct. Affiant further states that the (work, services or materials) as shown by this Invoice or Claim have been (completed or supplied) in accordance with the Plans, Specifications, orders or requests furnished to the Affiant. Affiant further states that (s)he has made no payment, nor given, nor donated, or agreed to pay, give, or donate, either directly or indirectly, to any elected official, officer, or employee of the State, County, or City of money or any other thing of value to obtain payment or the award of this contract. Contractor or Supplier Subscribed and sworn to before me this day of Notary Public Commission # My Commission Expires: Architect, Engineer or other Supervisory Official Subscribed and sworn to before me this day of Notary Public Commission # My Commission Expires: NOTE: Strike out words not appropriate and sign appropriate signature line. Architect, Engineer approval is not required for Contractor or Supplier Affidavit. 00300 - Page 12 of 15 EXHIBIT 'B" CITY OF OWASSO, OKLAHOMA Contractor and Engineer Payment Schedule INVOICES ARE TO BE SUBMITTED FOR THE REGULARLY SCHEDULED CITY COUNCIL MEETINGS ONLY. The contractor or engineer shall have his/her pay request in by 5:00 p.m. on the first day of the month unless the first falls on a Saturday, Sunday or Holiday, then it will be the next working day. Pay requests are, therefore, due on the following dates: February - 02/01/25 June - 06/03/24 October - 10/01/24 March - 03/01/25 July - 07/01/24 November - 11/01/24 April - 04/01/25 August - 08/01/24 December - 12/02/24 May - 05/01/24 September - 09/03/24 January - 01/02/25 Failure to meet the above dates and time may result in payment being delayed until the following pay cycle. 00300 - Page 13 of 15 EXHIBIT "C" CERTIFICATION OF TAX EXEMPT PUBLIC PROJECT The City of Owasso hereby certifies that: has duly entered into a public contract pursuant to the law for the following purposes, to -wit: High Density Mineral Bond Accordingly, under the provisions of 68 O.S. §1356(l), the sale of tangible personal property or services necessary for carrying out such public contract to the contractor or any sub - contractor to such public contract are exempt from sales tax. Any contractor, or sub - contractor of such public contract shall certify, in writing, on the copy of the invoice or sales ticket to be retained by the vendor that the purchases are necessary for carrying out such public contract with the City of Owasso. CITY OF OWASSO, OKLAHOMA By tontictdministrator 00300 - Page 14 of 15 EXHIBIT "D" CERTIFICATE OF APPROVAL OF CONTRACT AND BONDS I, the undersigned, Julie Trout Lombardi, the duly authorized and acting legal representative of follows: I have examined the construction contract between the contractor, do hereby certify as and the above -named entity, and the surety bonds given by the contractor in connection with the performance of said contract, and the manner of execution of the contract and surety bonds; and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto, acting through their fully authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named therein; and that the foregoing contract and surety bonds constitute valid and legally binding obligations upon the parties executing the same in accordance with the terms, conditions, and provisions thereof. Dated this day of Julie Trout Lombardi, City Attorney Tulsa County, Oklahoma AGREEMENT 00300 - Page 15 of 15 E 126th St No ¢ ¢ W W Crescen,2 Mcige a SG ;eet L; CY N R W n+ Z W E 116th St No Z Gaac6ecr peace SEaee2 S • 106th St No i • 96th St No a y6 E 96th St No LU �Va� a O � E 86th St No ¢ g W W N E 76th St No ti E 76th St No CZe�s Landing I Sheet e rn e ti _ "Nici:®ry Creef; Z Sheet 7 1 ' E 66th St No PRO JEC n VOicomn"TNT MAP NOT TO SCALE TO: The Honorable Mayor and City Council FROM: Roger Stevens, Senior Director SUBJECT: Right -of -Way Acquisition - East 96th Street North and North 145th East Avenue Intersection Improvement Project DATE: May 31, 2024 BACKGROUND: City staff is currently involved in the acquisition of right -of -way and easements for the East 96th Street North and North 1451h East Avenue intersection improvements. As part of those acquisitions, negotiations for the purchase of land from Aslam Kids Irrevocable Trust for 10,223 square feet of right -of -way have been successfully completed and staff is seeking City Council authorization to purchase the land. DESCRIPTION /PURCHASE PRICE: Aslam Kids Irrevocable Trust (Parcel 81 -The settlement offer for the right -of -way is approximately $5.00 per square foot, for a purchase price of $51,115.00. Compensation for damages in the amount of $96,965.00 is in addition to the right -of -way cost, for a total offer of $148,080.00. FUNDING: Funding for this purchase is included in the project budget from the Capital Improvements Fund, RECOMMENDATION: Staff recommends authorization for payment in the amount of $148,080.00 to Aslam Kids Irrevocable Trust for the acquisition of right -of -way and compensation for damages located at 14516 East 96th Street North. ATTACHMENT: Location Map Land Aquisition - E 96 St N and N 145 E Ave 7 —A" r' = 178 ft 14516 E 96 St N 05/22/2024 �Q This Snap may re reeems a visual cis clay of retc-_d geographic information. Data pro'rided here cn Is no: gaa rune= of actual field conditions. To be sure cf complete accuracy, please contact the responsible staffpfc�r most up -to -date information. ov.' So TO: The Honorable Mayor and City Council FROM: Roger Stevens, Senior Director SUBJECT: Tenant Release - East 96th Street North and North 145th East Avenue Intersection Improvement Project DATE: May 31, 2024 BACKGROUND: City staff is currently involved in the acquisition of right -of -way and easements for the East 96th Street North and North 1451h East Avenue intersection improvements. Currently, Mohamed Mollah owns and operates the Hi View Mini Mart located at 14516 East 961h Street North; however, Mr. Mollah leases the commercial building and property adjacent to the building from the Shafqat family. In addition, Mr. Mollah sub - leases portions of the property to sell fireworks and for U -Haul rentals. In March 2024, Mr. Mollah agreed to be compensated in the amount of $74,718.00 for the loss of parking, storage space, and the inability to sub -lease to the fireworks stand due to the needed right -of -way. Furthermore, multiple signs owned by Mr. Mollah will need to be relocated because of the right -of -way obtainment. FUNDING: Funding for this purchase is included in the project budget from the Capital Improvements Fund. RECOMMENDATION: Staff recommends approval of the Tenant Release and authorization for payment in amount of $74,718.00. ATTACHMENTS: Location Map Tenant Release Tenant Release - E 96 St N and N 145 E Ave Tr � rm 'e► '-� - 1 r LAMW ..�'� WOW z tiff r �� t. surd &AAL_ , rM w e 1" = 132 tt 14516 E 96 St N 05/22/2024 sf7 This map may represents a visual Cisplay of rea -.eC geographic information. Da-a provided harecn is no:gaaramee of actual field condhicns.To be aurecf comp!ate axuracy, pease con -actthe responsible staff for most up -to -date information. TENANT RELEASE KNOW ALL MEN BY THESE PRESENTS: High -View Mini Mart, INC., having its principal place of business at 14516 East 961h Street North, Owasso, Okiahoma,74055, hereinafter referred to as High -View, for and in consideration of the sum of Seventy -Four Thousand, Seven Hundred Eighteen and 00 /100's Dollars ($74,718.00), paid or to be paid to it or its Order by the City of Owasso, Oklahoma, an Oklahoma municipal corporation having its principal situs at 200 South Main Street, Owasso, Oklahoma, 74055, hereinafter referred to as "City ", on or before the 30th day of June, 2024, does hereby discharge, release and remise to the City, its agents, employees, officers, officials and any related public entity, or individuals and entities under contract with the City relating to the City of Owasso, Oklahoma, East 961h Street North and North 145th East Avenue Intersection Improvement Project, of and from any and all actions, causes of action, charges, claims, costs, damages, and / or demands that High - View's, as well as its agents, employees, officers, and owners, has, had or might have arising out of or related to, The "taking" by City of portions of real property owned by the Shafqat Family situated in the Northwest Quarter (NW /4) of Section 22, Township 21 North (21 N), Range 14 East (14E) of the Indian Base and Meridian (IB &M), according to the U.S. Government Survey thereof, Rogers County, State of Oklahoma, for the construction and maintenance of the public roadway project across said property, 2. The damage to all intersects of High -View, if any, arising out of or related to its occupancy and / or tenancy, either by contract or otherwise, of any duration of portions of real property owned by the Shafgat Family situated in the Northwest Quarter (NW /4) of Section 22, Township 21 North (21 N), Range 14 East (14E) of the Indian Base and Meridian (IB &M), according to the U.S. Government Survey thereof, Rogers County, State of Oklahoma, including, but not limited to, quiet enjoyment, and; 3. The annoyance, inconvenience, injury, interference, if any, experienced, suffered or that might be experienced or suffered arising out of the right of way acquisition and construction associated and occurring with the City of Owasso, Oklahoma, East 96th Street North and North 1451h East Avenue Intersection Improvement Project, Owasso, Oklahoma. Dated this L_ A day of darie 2024 Hi View Mini Mart By: Mohamed Mollah ACKNOWLEDGMENT STATE OF OKLAHOMA J ) SS COUNTY OF a Before me the undersigned, a Notary Public in and for the State of Oklahoma, on this 1 ,7fi' day of , 2024, appeared Mohamed Mollah, to me known to be the identical person that executed the within and foregoing instrument, and acknowledged to me that she executed the some as their free and voluntary act and deed on behalf of Hi View Mini Mart for the uses and purposes therein set forth. WITNESS my hand and seal the day and year above written. Notary Public My Commission No.: 2-1dIZ4 d t My Commission Expires: q `30 -" 2 OF Irf CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 05/18/24 Department Payroll Expenses Total Expenses 105 Municipal Court 6,546.03 10,363.76 110 Managerial 27,764.12 37,489.15 120 Finance 21,232.89 32,674.78 130 Human Resources 12,966.62 19,735.06 160 Community Development ° 22,209.63 33,385.07 170 Engineering 22,912.56 35,040.79 175 Information Systems 23,775.54 34,699.45 181 Building Maintenance 9,422.57 14,660.89 190 Cemetery 1,519.94 3,171.50 201 Police Overtime -Grant - - 215 Central Dispatch 3,811.65 6,053.30 221 Animal Control 4,986.76 7,355.76 280 Emergency Preparedness 2,772.70 3,832.19 370 Stormwater /ROW Maint. 10,086.82 15,384.06 515 Park Maintenance 12,478.53 19,102.74 520 Culture /Recreation 8,934.03 13,884.18 550 Community- Senior Center 6,608.43 8,418.65 580 Historical Museum 934.40 1,043.25 720 Strong Neighborhood 444.97 548.30 General Fund Total 199,408.19 296,842.88 185 Vehicle Maintenance Fund Total 13,231.21 21,855.36 255 Ambulance Fund Total 699.31 780.78 215 E911 Communication 31,696.38 47,901.98 250 Fire Fund 37 Total 246,319.05 371,355.08 201 Police Fund 38 Total 239,325.17 354,765.76 300 Streets Fund 39 Total 24,660.34 43,501.19 370 Stormwater Fund 27 Total 7,345.36 12,090.56 150 Worker's Compensation Total 9,352.44 11,055.76 720 Strong Neighborhoods Total 4,812.29 6,832.10 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 05130 VENDOR DESCRIPTION AMOUNT AETNA HEALTHCARE MEDICAL SERVICE 229,847.46 HEALTHCARE MEDICAL SERVICE 110,589.69 HEALTHCARE MEDICAL SERVICE 120,079.15 HEALTHCARE MEDICAL SERVICE 56,008.46 ADMIN FEES 13,866.05 STOP LOSS 109,344.70 HEALTHCARE DEPT TOTAL 639,735.51 DELTA DENTAL DENTAL MEDICAL SERVICE 9,242.30 DENTAL MEDICAL SERVICE 2,976.80 DENTAL DEPT TOTAL 12,219.10 VSP ADMIN FEES 1,464.50 ADMIN FEES 87.80 VISION DEPT TOTAL 1,552.30 HEALTHCARE SELF INSURANCE FUND TOTAL 653,506.91 Limestone Construction LLC. P.O. Box 1522, Owasso, OK 74055 Phone: (918) 510-2021 Fax: (888) 671-4959 Contract Change Order Project Name: Owasso Fire Station 1 Job Number: 23 -002 Owner /Contractor: Owasso Fire Department Change Order No: 12 Address: 2015 Cedar Street Date: 5/17/24 Owasso, OK Phone: 74055 ITEM NO. Description /Unit Breakdown /Unit Costs Cost (indicate +or -( 1 Remove existing damaged concrete panels and install new 4" concrete to extend the existing $7,805.00 3. Current Contract Amount (1 +2) patio and to infill existing flower beds. 4. This Change Order Total Amount $ 7,805.00 5. New Contract Amount (3 +4) $1,903,259.00 6. Total Cost Of All Change Orders To Date (2 +4) $50,981.00 7. Contingency to date (Original Amount $135,690.00) $84,709.00 SUBTOTAL FROM ATTACHED SHEETS (IF ANY) $0.00 SUBTOTAL (Labor & Materials) = $ 7,805.00 TOTAL COST (This Change OrderOnly) _ $ 7,805.00 Change In Contract Duration/Time By This Change Order ( 1 )(Increase)(Decrease) BY 0 WORKING DAYS NEW CONTRACT COMPLETION DATE: CONTRACT STATUS 1. Original Contract Amount $1,903,259.00 2. Net Change By Previous Change Order(s) $43,176.00 3. Current Contract Amount (1 +2) $1,903,259.00 4. This Change Order Total Amount $ 7,805.00 5. New Contract Amount (3 +4) $1,903,259.00 6. Total Cost Of All Change Orders To Date (2 +4) $50,981.00 7. Contingency to date (Original Amount $135,690.00) $84,709.00 -2.f - Name / Date Limestone Construction LLC. P.O. Box 1522, Owasso, OK 74055 Phone; (918) 510-2021 Fax: (888) 671-4959 Contract Change Order Project Name: Owasso Fire Station 1 Job Number: 23 -002 Owner /Contractor: Owasso Fire Department Change Order No: 13 Address: 201 S Cedar Street Date: 5/17/24 Owasso, OK Phone: 74055 ITEM NO. Description /Unit Breakdown /Unit Costs Cost (Indicate +or -I 1 Replace existing header and perimeter seals at (6) existing overhead doors. $4,045.00 3. Current Contract Amount (1 +2) $1,903,259.00 4. This Change Order Total Amount $ 4,045.00 5. New Contract Amount (3 +4) $1,903,259.00 6. Total Cost Of All Change Orders To Date (2 +4) $55,026.00 7. Contingency to date (Original Amount $135,690.00) $80,664.00 SUBTOTAL FROM ATTACHED SHEETS (IF ANY) $0.00 SUBTOTAL (Labor & Materials) = $ 4,045.00 TOTAL COST (This Change OrderOnly) _ $ 4,045.00 Change In Contract Duration /Time By This Change Order (1)(Increase)(Decrease) BY 0 WORKING DAYS NEW CONTRACT COMPLETION DATE: CONTRACT STATUS 1. Original Contract Amount $1,903,259.00 2. Net Change By Previous Change Order(s) $50,981.00 3. Current Contract Amount (1 +2) $1,903,259.00 4. This Change Order Total Amount $ 4,045.00 5. New Contract Amount (3 +4) $1,903,259.00 6. Total Cost Of All Change Orders To Date (2 +4) $55,026.00 7. Contingency to date (Original Amount $135,690.00) $80,664.00 Name // Date