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Home My WebLink About2006.05.02_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: May 2, 2006 TIME: 6:30 p.m. PLACE: Council Chambers, Old Central Building 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted at City Hall 5:00 p.m. on Friday, April 28, 2006. I_�l1; ► 1 s, L Call to Order Mayor Craig Thoendel M. Stevens, Administrative Assistant 2. Invocation Father Richard Bradley, St. Henry Catholic Church 3. Flag Salute 4. Roll Call 5. Oath of Office for City Councilors D.J. Gall, Ward 1; Steve Cataudella, Ward 2; and, Wayne Guevara, Ward 4. Ms. Lombardi S Agendas'.Counci13006 1)5U_ d- Owasso City Council May, 2, 2006 Page 2 6. Election of Mayor Vice Mayor Cataudella 7. Election of Vice Mayor Mayor 8. Presentation of the Character Trait of Discretion, followed by a public service announcement. Dee Sokolosky, Owasso Character Council 9. Presentation of the City of Owasso Employee of the Month for May 2006. Mr. Ray Mr. Ray will introduce the Employee of the Month for May 2006. 10. Consideration and appropriate action relating to a request for Council approval of 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. Approval of Minutes of the April 11, 2006 Special Meeting; April 18, 2006 Regular Meeting, and April 25, 2006 Special Meeting. Attachent # 10--A B. Approval of Claims. Attachment # 10--B S 'Ag-,hs CouncW200G 0502 d- Owasso City Council May, 2, 2006 Page 3 C. Approval of Ordinance No. 855, an ordinance approving annexation request OA 06-03, containing approximately 25 acres, more or less, located at the northwest corner of E. 106th Street North and N. 161 st East Avenue; and, approval of the annexation of the right of way of E.106th Street North between N. 145th East Avenue and N. 161st East Avenue. Attachment # 10-C Staff will recommend Council approval of Ordinance No. 855 and has listed this item in the consent section of the agenda based on Council actions taken April 18, 2006, approving the annexation request. D. Approval of Ordinance No. 856, an ordinance approving annexation request OA 06-04, containing approximately 10.9 acres, more or less, located south and west of the intersection of E. 126th Street North and N. Garnett Road. Attachment # 10-D Staff will recommend Council approval of Ordinance No. 856 and has listed this item in the consent section of the agenda based on Council actions taken April 18, 2006, approving the annexation request. E. Approval of Ordinance No. 857, an ordinance approving rezoning request OZ 06-03, a request to rezone approximately 3.9 acres, more or less, from OM Office zoning to CG Commercial General zoning, located approximately '/4 mile south of E. 96th Street North, immediately northwest of Smith Elementary School, and east of the Owasso Expressway. Attachment # 10-E Staff will recommend Council approval of Ordinance No. 857 and has listed this item in the consent section of the agenda based on Council actions taken April 18, 2006, approving the rezoning request. 11. Consideration and appropriate action relating to a request for Council approval of the FY 2006-2007 contract between the City of Owasso and the International Association of Firefighters, Local # 2789. Ms. Dempster Attachment #11 Staff will recommend Council approval of the FY 2006-2007 contract between the City of Owasso and the IAFF Local # 2789. S AF-das'Cound12006'0502.d- Owasso City Council May, 2, 2006 Page 4 12. Consideration and appropriate action relating to a request for Council approval of a contract for audit services for FY 2006 between the City of Owasso and Cole & Reed, P.C.; and, authorization of the City Manager to execute said contract. Ms. Bishop Attachment #12 Staff will recommend Council approval of a contract for audit services for FY 2006 between the City of Owasso and Cole & Reed, P.C. of Oklahoma City in the amount of $31,200; and, authorization of the City Manager to execute the contract. 13. Report from City Manager. 14. Report from City Attorney. 15. Report from City Councilors. 16. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) 17. Adjournment. A reception honoring the community service of Mayor Craig Thoendel, the newly elected City Council Members, and the Incoming Mayor and Vice Mayor will be held in the Council Chambers of Old Central immediately following the conclusion of the Owasso Golf Authority Meeting. The public is invited to attend. .S Agendas Council-300>0502.doc OWASSO CITY COUNCIL MINUTES OF SPECIAL MEETING Tuesday, April 11, 2006 The Owasso City Council met in a special meeting on Tuesday, April 11, 2006 in the Council Chambers at Old Central, 109 N. Birch Street, per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4:00 PM on Friday, April 7, 2006. ITEM 1: CALL TO ORDER. Vice Mayor Cataudella called the meeting to order at 6:03 PM. PRESENT ABSENT Craig Thoendel, Mayor (In at 7:21 PM) Steve Cataudella, Vice Mayor Susan Kimball, Councilor Brent Colgan, Councilor Wayne Guevara, Councilor A quorum was declared present. ITEM 2: DISCUSSION RELATING TO COMMUNTIY DEVELOPMENT DEPARTMENT TTRM, A. REZONING REQUESTS (1) B. FINAL PLAT REQUESTS (4) C. ANNEXATION REQUESTS (2) Ms. Rooney reviewed the above items. It was explained that all items were unanimously recommended for approval by the Planning Commission and that all of the items would be placed on the April 18, 2006 City Council agenda for action. ITEM 3: DISCUSSION RELATING TO FIRE DEPARTMENT ITEMS A. AWARD BID FOR SELF CONTAINED BREATHING APPARATUS ENHANCEMENTS Mr. Rooney reviewed the above item. It was explained that the SCBA's were included in the FY 2005-06 budget and that the bids had been reviewed. It was explained that this item would be placed on the April 18, 2006 City Council agenda for action. Owasso City Council April 11, 2006 ITEM 4 DISCUSSION RELATING TO POLICE DEPARTMENT ITEMS A. PROPOSED ORDINANCES RELATING TO CRIMES AND OFFENSES Mr. Rooney and Ms. Lombardi reviewed the above items. It was explained that seven (7) ordinances were being proposed to be approved by the City Council in order for the City Codes to be in harmony with state law. Additionally it was explained that it would allow for prosecution of several offenses locally as opposed to prosecution through the District Attorney's office. All ordinances were to be placed on the April 18, 2006 City Council agenda for action. ITEM S: DISCUSSION RELATING TO PUBLIC WORKS DEPARTMENT ITEMS A. AWARD BID FOR REFUSE COLLECTION VEHICLE PURCHASE B. SERVICES CHANGES IN RESIDENTIAL REFUSE COLLECTION C. ODOT HIGHWAY TREE GRANT PROGRAM Mr. Rooney reviewed the above items. Both the bid award for the purchase of the refuse vehicle and the ODOT Tree Grant program would be placed on the April 18, 2006 City Council agenda for action. The service changes in residential refuse collection was an information only item. ITEM 6: DISCUSSION RELATING TO SUPPORT SERVICES DEPARTMENT ITEMS A. ENHANCED 911 INTERLOCAL AGREEMENT Mr. Rooney reviewed the proposed new 911 interlocal agreement. It was explained that new equipment would also be purchased as a result of this agreement, equipment that would allow for the tracking of emergency calls placed from cell phones. This item will be placed on the April 18, 2006 City Council agenda for action. ITEM 7: DISCUSSION RELATING TO ADMINISTRATIVE ITEMS A. WORKERS COMPENSATION POLICY B. BOARD AND COMMISSION VACANCIES Mr. Rooney reviewed both items. The Workers Compensation Policy change would allow non -- uniformed. employees to receive similar workers compensation benefits to those that are received by uniformed personnel. Additionally, it would establish an end date for the receipt of those benefits. This item was to be placed on the April 18, 2006 agenda for action by the City Council. Board and Commission vacancies were reviewed, with staff recommending that the Board of Adjustment vacancy be filled as soon as possible. Staff was to verify residency requirements and report back to the City Council. explained that the Skate Park Restroom had been completed and that the final walk-through had been performed. It was explained that this item would be placed on the February 21, 2006 City Council agenda for acceptance and authorization for final payment. N Owasso City Council April 11, 2006 ITEM 8 DISCUSSION RELATING TO THE ADOPTION OF AN ETHICS POLICY_ REGARDING RECUSAL The Council discussed the benefits of adopting an ethics policy as it relates to recusal from discussion during Council meetings. Based on that discussion, staff was directed to place the item on the April 18, 2006 City Council agenda for action. ITEM 9: DISCUSSION RELATING TO CITY MANAGER ITEMS A. RESOLUTION IN SUPPORT OF TAX CREDIT APARTMENTS B. CAPITAL IMPROVEMENT PROJECT PRIORITY RECOMMENDATION C. ANNEXATION PLAN D. SELECTION OF AN AUDIT FIRM E. CHANGE IN THE SCOPE OF SERVICES FOR THE THREE LAKES VILLAGE STREET REPAIR F. FY 06-07 BUDGET PREPARATIONS Mr. Ray reviewed the above items. It was explained that both the resolution in support of tax credit apartments and the capital improvement project priority recommendation would be placed on the April 18, 2006 City Council agenda for action. The annexation plan was reviewed as was the need for the City to select an audit firm for the current fiscal year. An update was provided regarding the Three Lakes Village street repair project and the need to do a change order or bid for additional unanticipated work. A review of the budget progress was also conducted by staff. supplemental appropriation items will be placed on the February 21, 2006 Council agenda for action. Additionally, the FY 06-07 budget process was underway. Discussion amongst the Councilors was conducted regarding the proposed Gated Community Ordinance and its relevance to the existing Summit addition. ITEM 10: ADJOURNMENT Councilor Colgan moved, seconded by Councilor Cataudella, to adjourn the meting. The motion carried and the meeting was adjourned at 9:15 PM. Mayor 3 OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, April 18, 2006 The Owasso City Council met in regular session on Tuesday, April 18, 2006 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 p.m. on Friday, April 14, 2006. ITEM 1. CALL TO ORDER The meeting was called to order at 6:32 p.m. ITEM 2. INVOCATION The invocation was offered by Pastor James Stotts, Fellowship Tabernacle. ITEM 3. FLAG SALUTE Councilor Wayne Guevara led the flag salute. ITEM 4. ROLL CALL PRESENT ABSENT Craig Thoendel, Mayor Steve Cataudella, Vice Mayor Brent Colgan, Councilor Wayne Guevara, Councilor Susan Kimball, Councilor - out at 6:43 pm, immediately after Item No. 7 A quorum was declared present. STAFF Rodney J. Ray, City Manager Julie Lombardi, City Attorney ITEM 5. CONSIDERATION ANDAPPROPRIATE ,i RELATING REQUEST FOR COUNCIL APPROVAL AGENDA A. Approval of Minutes of the April 4, 2006 Regular Meeting. B. Approval of Claims. C. Acknowl.edgement of receiving the monthly FY 2005-2006 budget status report. Owasso City Council April 18, 2006 D. Acceptance of the Bailey Medical Center Water and Sanitary Sewer Systems, a commercial development southwest of the intersection of East 106"' Street North and North Garnett Road consisting of 1,088 linear feet of twelve inch, 1,972 linear feet of eight inch, and 2,960 linear feet of ten inch PVC potable water line; and 3,702 linear feet of eight inch PVC sanitary sewer line. Mr. Cataudella moved, seconded by Ms. Kimball, to approve the Consent Agenda with claims totaling $381,977.70, self-insurance medical claims & fees totaling $55,153.29, and payroll claims totaling $334,011.65. YEA: Cataudella, Colgan, Guevara, Kimball, Thoendel NAY: None Motion carried 5-0. ITEM 6. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL CONFIRMATION OF THE MAYOR'S APPOINTMENT OF CHARLES BROWN TO THE OWASSO BOARD OF ADJUSTMENT Mayor Thoendel recommended for Council confirmation the appointment of Charles Brown to the Owasso Board of Adjustment. Ms. Kimball moved, seconded by Mr. Colgan, for Council confirmation of this appointment. YEA: Cataudella, Colgan, Guevara, Kimball, Thoendel NAY: None Motion carried 5-0. ITEM 7. PUBLIC HEARING. The City Council will conduct a public hearing relating to a proposed amendment to the Capital Improvements Projects Priority List previously established and funded by the third penny sales tax; more specifically, to include within the Priority Projects List the Street Improvements/Repair Projects. Mr. Wiles presented the item. Mayor Thoendel opened the floor for any comments and citizen input regarding the recommendation from the Owasso Capital Improvements Projects Committee to include the Street Improvements/Repair Projects within the list of capital improvements priorities and a $1,000,000 allocation for this project in the FY 2006-2007 budget. Owasso Citizen Charles Brown reminded the Council of the traffic problems on North 129th East Avenue and encouraged the City to try to get the 129t1i East Avenue, 76"' to 96"' Street North, Widening Project prioritized as soon as possible. No other citizens wished to speak and Mayor Thoendel closed the public hearing. N Owasso City Council April 18, 2006 ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF REZONING REQUEST OZ 06-03, A REQUEST TO REZONE APPROXIMATELY 39 ACRES, MORE OR LESS, FROM OM OFFICE ZONING TO CG COMMERCIAL GENERAL ZONING, LOCATED APPROXIMATELY 1/4 MILE SOUTH OF EAST 96TH STREET NORTH, IMMEDIATELY NORTHWEST OF SMITH ELEMENTARY SCHOOL, AND EAST OF THE OWASSO EXPRESSWAY Mr. McCulley presented the item. Mr. Cataudella moved, seconded by Mr. Guevara, for Council approval of Rezoning Request OZ 06-03. YEA: Cataudella, Colgan, Guevara, Thoendcl NAY: None Motion carried 4-0. Mr. Thoendel briefly left Council Chambers at 6: 46 pm and was not present for discussion and voting on Items 9 & 10. ITEM 9. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A FINAL PLAT FOR BELMONT PLACE Mr. McCulley presented the item. Mr. Colgan moved, seconded by Mr. Guevara, for Council approval of the Belmont Place Final Plat, proposing eighty-nine residential lots on 20.263 acres zoned RS-3 Residential Single Family, and located east of North Mingo Road, approximately mile north of East 116th Street North. YEA: Cataudella, Colgan, Guevara NAY: None Motion carried 3-0. ITEM 10. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A FINAL PLAT FOR BAND OF OKLAHOMA, BUSINESS CENTER ONE Mr. McCulley presented the item. Mr. Colgan moved, seconded by Mr. Guevara, for Council approval of the Bank of Oklahoma, Business Center One Final Plat, proposing one commercial 3 Owasso City Council April 18, 2006 lot on approximately 1.42 acres, zoned CS (Commercial Shopping), located at the southwest conger of East 96"' Street North and North Garnett Road. YEA: Cataudella, Colgan, Guevara NAY: None Motion carried 3-0. Mr. Thoendel returned to Council Chambers. ITEM 11. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A FINAL PLAT FOR 76TH STREET PROFESSIONAL PLAZA Mr. McCulley presented the item. Mr. Cataudella moved, seconded by Mr. Guevara, for Council approval of the 761h Street Professional Plaza Final Plat, proposing one commercial lot on 1.53 acres zoned CS (Commercial), located at the northwest corner of East 76th Street North and North 129t1' East Avenue. YEA: Cataudella, Colgan, Guevara, Thoendel NAY: None Motion carried 4-0. ITEM 12. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST ORCOUNCIL APPROVALOF 1. PLAT ' L. • R' BEST BUY Mr. McCulley presented the item. Mr. Colgan moved, seconded by Mr. Guevara, for Council approval of the Best Buy Final Plat, proposing one commercial lot on approximately 4.08 acres, zoned CS (Commercial Shopping), located at 9055 North 121 East Avenue. YEA: Cataudella, Colgan, Guevara, Thoendel NAY: None Motion carried 4-0. Ffl Owasso City Council April 18, 2006 ITEM 13. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF ANNEXATION REQUEST OA 06- 03, CONTAINING APPROXIMATELY 25 ACRES, MORE OR LESS, LOCATED ON THE NORTHWEST CORNER OF EAST 106T11 STREET NORTH AND NORTH 161 ST EAST AVENUE; AND, APPROVAL OF THE ANNEXATION OF THE RIGHT OF WAY OF EAST 106TH STREET NORTH BETWEEN NORTH 145TH EAST AVENUE AND NORTH 161ST EAST AVENUE Mr. McCulley presented the item. Mr. Colgan moved, seconded by Mr. Cataudella, for Council approval of annexation request OA 06-03. YEA: Cataudella, Colgan, Guevara, Thoendel NAY: None Motion carried 4-0. ITEM 14. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF ANNEXATION REQUEST OA 06- 04, CONTAINING APPROXIMATELY 10.9 ACRES, MORE OR LESS, LOCATED SOUTH AND WEST OF THE INTERSECTION OF EAST 126T11 STREET NORTH AND NORTH GARNETT ROAD Mr. McCulley presented the item. Mr. Colgan moved, seconded by Mr. Guevara, for Council approval of annexation request OA 06-04. YEA: Cataudella, Colgan, Guevara, Thoendel NAY: None Motion carried 4-0. ITEM 15. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL TO AWARD A BID TO WAYEST SAFETY FOR ENHANCEMENTS TO THE FIRE DEPARTMENT'S SELF CONTAINED BREATHING APPARATUS Chief Clary presented the item. Mr. Cataudella moved, seconded by Mr. Guevara, for Council approval to award a bid to Wayest Safety in the amount of $29,717.00 for the purpose of providing enhancements to the Fire Department's Self Contained Breathing Apparatus. YEA: Cataudella, Colgan, Guevara, Thoendel NAY: None Motion carried 4-0. 6 Owasso City Council April 18, 2006 ITEM 16. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ADOPTION OF RESOLUTION NO. 2006-08, A RESOLUTION APPROVING THE CITY OF OWASSO'S PARTICIPATION IN THE REGIONAL 911 BOARD; AND, AUTHORIZATION OF THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT RELATING TO THE PROVISIONS OF ENHANCED 911 SERVICES Mr. White presented the item. Mr. Cataudella moved, seconded by Mr. Colgan, for Council adoption of Resolution No. 2006-08, as stated above. YEA: Cataudella, Colgan, Guevara, Thoendel NAY: None Motion carried 4-0. ITEM 17. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE WORKERS' COMPENSATION POLICY STATEMENT FOR THE CITY OF OWASSO Ms. Dempster presented the item. Mr. Colgan moved, seconded by Mr. Guevara, for Council approval of the Workers' Compensation Policy effective May 1, 2006. YEA: Cataudella, Colgan, Guevara, Thoendel NAY: None Motion carried 4-0. REQUESTITEM 18. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A ••' COUNCIL ACCEPTANCE OF THE OKLAHOMA DEPARTMENT OF TRANSPORTATIONHIGHWAY APPROVAL OF A BUDGET AMENDMENT TO THE FY 2005-2006 GENERAL FUND, STORMWATER DIVISION CAPITAL OUTLAY BUDGET INCREASING THE ESTIMATE OF REVENUES AND INCREASING THE APPROPRIATION FOR EXPENDITURES Ms. Stagg presented the item. Mr. Ray stated that this project had erroneously started prior to Council acceptance of the grant. Mr. Colgan moved, seconded by Mr. Guevara, for Council acceptance of the Oklahoma Department of Transportation Highway Tree Grant in the amount of $25,000.00; and, approval of a budget amendment to the FY 2005-2006 General Fund increasing the estimate of revenues and increasing the appropriation of expenditures in the amount of $25,000.00 in the General Fund, Public Works Department. YEA: Cataudella, Colgan, Guevara, Thoendel NAY: None Motion carried 4-0. 6 Owasso City Council April 18, 2006 ITEM 19. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE FOLLOWING ORDINANCES, RELATING TO PART 10 OF THE OWASSO CODE OF ORDINANCES, OFFENSES AND CRIMES AND PART 15, TRAFFIC AND VEHICLES. A. Ordinance No. 848, an ordinance relating to Part 10, Offenses and Crimes, Chapter 4 of the Code of Ordinances, more specifically relating to Prohibiting the Intentional Making of Obscene, Indecent, or Harassing Telephone Calls and Other Electronic Transmissions. B. Ordinance No. 849, an ordinance relating to Part 15, Traffic and Vehicles, Chapter 3 of the Code of Ordinances, more specifically relating to Restricting Illumination of a Rear License Plate Tag to Two Separate Lamps with White Light. C. Ordinance No. 850, an ordinance relating to Part 10, Offenses and Crimes, Chapter 4 of the Code of Ordinances, more specifically relating to Prohibiting any Parent or Person from Contributing to the Delinquency of a Minor. D. Ordinance No. 851, an ordinance relating to Part 15, Traffic and Vehicles, Chapter 5 of the Code of Ordinances, more specifically relating to Requiring Motor Vehicle Drivers Approaching An Authorized Stationary Emergency Vehicle to Move to a Lane Not Adjacent to the Emergency Vehicle, Unless To Do So Would Be Unsafe or Impossible, In Which Case the Driver Shall Proceed With Due Caution. E. Ordinance No. 852, an ordinance relating to Part 10, Offenses and Crimes, Chapter 4 of the Code of Ordinances, more specifically relating to Prohibiting Acts Grossly Disturbing Public Peace or Health, or Outraging Public Decency. F. Ordinance No. 853, an ordinance relating to Part 10, Offenses and Crimes, Chapter 3 of the Code of Ordinances, more specifically by Repealing Section 10- 307, Prohibiting the Display of Weapons. G. Ordinance No. 854, an ordinance relating to Part 10, Offenses and Crimes, Chapter 3 of the Code of Ordinances, more specifically to amend Section 10-306, Carrying Weapons and Exceptions and to Prohibit the Transporting of a Loaded Pistol Without a Valid Concealed Handgun Permit and Setting Forth Circumstances Wherein Such Weapon May Be Confiscated. Ms. Lombardi presented the item. Mr. Guevara moved, seconded by Mr. Colgan, for Council approval of Ordinance No. 848, No. 849, No. 850, No. 851, No. 852, No. 853 and No. 854. YEA: Cataudella, Colgan, Guevara, Thoendel NAY: None Motion carried 4-0. h Owasso City Cousacil April 18, 2006 ITEM 20. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ADOPTION OF A POLICY STATEMENT RELATING TO A REQUIREMENT FOR THE DECLARATION OF CONFLICT BY ANY COUNCILOR, MEMBERS OF BOARDS AND COMMISSIONS, CITY MANAGER, AND ALL OTHER OFFICERS OR EMPLOYEES OF THE CITY OF OWASSO. Ms. Lombardi presented the item. Mr. Cataudella moved, seconded by Mr. Guevara, for Council adoption of a Code of Ethics Policy Statement relating to a requirement for the declaration of conflict by any Councilor, members of Boards and Commissions, the City Manager, and all other officers or employees of the City of Owasso. YEA: Cataudella, Colgan, Guevara, Thoendel NAY: None Motion carried 4-0. ITEM 21. REPORT FROM CITY MANAGER. Mr. Ray reported the 3 Lakes Village Street Repair Project had been delayed and was now scheduled for completion in December 2006. Mr. Ray also mentioned that new councilors would be sworn in at the beginning of the first regular Council Meeting in May. Election of Mayor and Vice Mayor would also be scheduled for that same meeting, and a reception for the new councilors would be held after adjournment of the OPGA meeting. Lim ITEM 23. REPORT FROM CITY COUNCILORS None ITEM 24. NEW BUSINESS Owasso City Council April 18, 2006 ITEM 25. ADJOURNMENT Mr. Colgan moved, seconded by Mr. Guevara, to adjourn. YEA: Cataudella, Colgan, Guevara, Thoendel NAY: None Motion carried 4-0 and the meeting was adjourned at 7:20 p.m. Pat Fry, Minute Clerk Mayor 9 OWASSO CITY COUNCIL MINUTES OF SPECIAL MEETING Tuesday, April 25, 2006 The Owasso City Council met in a special meeting on Tuesday, April 25, 2006 in the Council Chambers at Old Central, 109 N. Birch Street, per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4:00 PM on Friday, April 21, 2006. ITEM 1: CALL TO ORDER. Vice Mayor Cataudella called the meeting to order at 6:06 PM. PRESENT Steve Cataudella, Vice Mayor Susan Kimball, Councilor Brent Colgan, Councilor A quorum was declared present. ABSENT Craig Thoendel, Mayor Wayne Guevara, Councilor ITEM 2: DISCUSSION RELATING TO AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OWASSO AND THE IAFF Ms. Dempster reviewed the tentative agreement between the City of Owasso and the IAFF. It was explained that the IAFF had ratified the agreement. This item will be placed on the May 2, 2006 City Council agenda for action by the City Council. ITEM 3: DISCUSSION RELATING TO THE FY 2006-07 BUDGET Mr. Ray and Ms. Bishop reviewed the status of the budget process. It was explained that there was still some work that needed to be done in the general Fund, OPWA, and OPGA. Additionally, it was explained that the budget would be delivered to the City Council at the May 9, 2006 City Council work session. ITEM 3: ADJOURNMENT Councilor Kimball moved, seconded by Councilor Colgan, to adjourn the meeting. The motion carried and the meeting was adjourned at 7:45 PM. Mayor VENDOR DESCRIPTION AMOUNT TREASURER PETTY CASH CC REFUNDS 200.00 REFUND TOTAL 200.00 MATTHEW W. BAILEY BAILIFF DUTIES 240.00 MUNICIPAL COURT DEPT TOTAL 240.00 TREASURER PETTY CASH CITY MGR MTG EXPENSE 245.05 ALL COPY SUPPLIES TONER CARTRIDGE 90.00 OFFICE DEPOT OFFICE SUPPLIES 74.38 CARD CENTER CREDIT CARD USE 103.76 TREASURER PETTY CASH BUDGET COVERS 4.00 CINGULAR WIRELESS PHONE USE-RAY/HAYES 80.01 METROCALL PAGER USE 6.95 TREASURER PETTY CASH MILEAGE-BOUTWELL 39.38 TREASURER PETTY CASH MEETING EXPENSE 188.21 SKIATOOK CHAMBER OF COMMERCE ANNUAL DINNER 350.00 SAMS CLUB OPERATING SUPPLIES 27.64 SAMS CLUB OPERATING SUPPLIES 23.32 WEST PAYMENT CENTER MONTHLY CHARGES 418.00 TREASURER PETTY CASH TRAIL DAYS SUPPLIES 72.81 OKLA TRANSPORTATION AUTHORITY PIKE PASS 13.40 MANAGERIAL DEPT TOTAL 1,736.91 ALL COPY SUPPLIES TONER CARTRIDGE 100.00 NOWDOCS INTERNATIONAL PROGRAMMING SERVICE 350.00 TREASURER PETTY CASH SUPPLIES 20.29 OFFICE DEPOT OFFICE SUPPLIES 60.80 FINANCE DEPT TOTAL 531.09 ALL COPY SUPPLIES TONER CARTRIDGE 90.00 TREASURER PETTY CASH SUPPLIES 20.59 CHARACTER TRAINING INSTITUTE CHARACTER SUPPLIES 388.14 COMMUNITYCARE HMO EAP SERVICES 199.00 A N Z SIGNS CHARACTER BANNERS 665.00 WORLD PUBLISHING COMPANY EMPLOYMENT ADVERTISING 356.50 URGENT CARE OF GREEN COUNTRY PRE -EMPLOYMENT DRUG TESTING 222.00 MUNICIPAL ELECTRIC SYSTEMS SCREENING 426.00 TREASURER PETTY CASH REIMB MILEAGE-DANE 15.13 TREASURER PETTY CASH REIMB MILEAGE-DANE 36.49 OFFICE DEPOT OFFICE SUPPLIES 45.47 HUMAN RESOURCES DEPT TOTAL 2,464.32 CINTAS CORPORATION MAT SERVICE 32.65 CARD CENTER CREDIT CARD USE 59.99 INCOG CDBG-ADMIN SERVICES FY 2005 670.89 COMMUNITY PUBLISHERS LEGAL NOTICES 42.00 COMMUNITY PUBLISHERS LEGAL ADS 328.00 SOUTHWESTERN BELL PHONE USE 36.06 TREASURER PETTY CASH PO BOX FEE 12.00 TREASURER PETTY CASH LICENSE TAG 31.00 OFFICE DEPOT SAMS CLUB OWASSO IMAGING SOLUTIONS TREASURER PETTY CASH BURR F KANNADY BURR F KANNADY OKLAHOMA MUNICIPAL LEAGUE TREASURER PETTY CASH TREASURER PETTY CASH OFFICE DEPOT METROCALL HOME DEPOT OSU BUSINESS EXTENSION OFFICE DEPOT METROCALL TREASURER PETTY CASH CARD CENTER STRATEGIC CONSULTING INTERNATIONAL LLC CINGULAR WIRELESS SAMS CLUB MURPHY SANITARY SUPPLY LOWES HOME IMPROVEMENT LOCKE SUPPLY LOWES HOME IMPROVEMENT UNIFIRST HOLDINGS LOWES HOME IMPROVEMENT RED BUD SERVICE BAILEY EQUIPMENT OK DEPT OF CORRECTIONS TREASURER PETTY CASH CINGULAR WIRELESS CINGULAR WIRELESS SOUTHWESTERN BELL OFFICE DEPOT METROCALL OKLA TRANSPORTATION AUTHORITY MILL CREEK LUMBER & SUPPLY LOWES HOME IMPROVEMENT ESTES, INC WORLEYS GREENHOUSE & NURSERY, INC DESCRIPTION AMOUNT OFFICE SUPPLIES 125.68 OPERATING SUPPLIES 17.58 GENERAL GOVERNMENT DEPT TOTAL 1,355.85 STAPLES 43.75 REIMBURSE PETTY CASH 15.95 INSPECTION SERVICE/MILEAGE 148.41 INSPECTION SERVICE/MILEAGE 212.01 WORKSHOP-MCCULLEY 85.00 REIMBURSE PETTY CASH 12.25 REIMBURSE PETTY CASH 180.00 OFFICE SUPPLIES 96.94 PAGER USE 13.90 COMMUNITY DEVELOPMENT DEPT TOTAL 808.21 STAKES 7.57 TRAINING-ALEXANDER 215.00 OFFICE SUPPLIES 40.51 PAGER USE 29.25 ENGINEERING DEPT TOTAL 292.33 MEETING EXPENSE 29.00 CREDIT CARD USE 1,892.20 GIS IMPLEMENTATION 4,000.00 CELL PHONE USE 46.50 INFORMATION SYSTEMS DEPT TOTAL 5,967.70 OPERATING SUPPLIES 207.88 PARTS 6.60 SMALL TOOLS/PHYSICAL PROPERTY 51.71 PHYSICAL PROPERTY SUPPLIES 18.38 SMALL TOOLS/PHYSICAL PROPERTY 667.92 UNIFORM RENTAL 64.16 SMALL TOOLS/PHYSICAL PROPERTY 127.24 AIR FILTER SERVICE 33.35 REPAIRS -WEED EATER 9.15 DOC WORKER PROGRAM -MARCH 344.34 DOC LUNCHES 76.89 CELL PHONE USE 23.25 CELL PHONE USE 23.26 PHONE USE 0.06 OFFICE SUPPLIES 68.07 PAGER USE 6.95 PIKE PASS 2.30 SUPPORT SERVICE DEPTTOTAL 1,731.51 MAINT SUPPLIES/STAKES 7.18 TRASH BAGS/MAINT SUPPLIES/HARDWARE 35.33 CHEMICALS/FERTILIZER 720.20 SHRUBS 315.00 CEMETERY DEPT TOTAL 1,077.71 SAMS CLUB OPERATING SUPPLIES 135.48 VENDOR DESCRIPTION AMOUNT OFFICE DEPOT BINDERS 30.00 OFFICE DEPOT OFFICE SUPPLIES 14.95 OFFICE DEPOT BATTERY BACK-UPS 59.99 GALL'S UNIFORM/EQUIPMENT 38.26 GALL'S DOUBLE CUFFS 149.97 TREASURER PETTY CASH OFFICE SUPPLIES 75.95 GALL'S HAT/VEST/BARRIER TAPE 186.80 GALL'S CHAPLAIN JACKET 82.74 GALL'S DUTY HOLSTER/FLASHLIGHT CARRIER 117.98 GALL'S HAT/VEST/BARRIER TAPE 174.91 STRATHE VETERINARY ANNUAL EXAM-ZEKE 164.75 TAYLORMADE LOCK & KEY VEHICLE KEYS 37.00 SOUTHWESTERN BELL PHONE USE 34.78 DEARMOND, RICK PER DIEM 70.00 SONYA DEARMOND PER DIEM 70.00 POLICE PETTY CASH REIMB PETTY CASH 10.64 POLICE PETTY CASH REIMB PETTY CASH 38.35 CARD CENTER CREDIT CARD USE 168.02 BARNES, MICHAEL PER DIEM 77.00 DAVIS, R SHANE PER DIEM 77.00 HILTON PHOENIX LODGING -DRIVER 442.60 HILTON PHOENIX LODGING-VINSON 442.60 OKLA ASSOCIATION OF CHIEFS OF POLICE MEMBERSHIP DUES-CHAMBLESS 60.00 LOGIN/IACP NET ANNUAL FEE 800.00 RGR SECURITY SOLUTIONS INSTALL -PANIC SWITCHES 700.00 OFFICE DEPOT OFFICE SUPPLIES 284.39 METROCALL PAGER USE 305.78 POLICE DEPT TOTAL 4,849.94 CARDINAL CUSTOM DESIGNS SHIRTS -DISPATCH 668.00 TULSA REGIONAL MEDICAL CENTER BLOOD TEST 30.58 METROCALL PAGER USE 6.95 SAMS CLUB OPERATING SUPPLIES 67.56 POLICE COMMUNICATIONS DEPT TOTAL 773.09 HILL'S PET NUTRITION SALES SHELTER SUPPLIES 150.00 ALLIANCE MEDICAL PROTECTIVE GLOVES 78.17 STRATHE VETERINARY EUTHANASIA SERVICES 24.00 LOWES HOME IMPROVEMENT PAINTING SUPPLIES 45.51 SOUTHWESTERN BELL PHONE USE 1.02 SHERWIN-WILLIAMS COMPANY MAINT SUPPLIES 10.00 AMERICAN RENTAL & SALES SAND BLASTING EQUIP 1,134.00 CARD CENTER CREDIT CARD USE 289.54 METROCALL PAGER USE 13.90 SAMS CLUB OPERATING SUPPLIES 109.26 ANIMAL CONTROL DEPT TOTAL 1,855.40 LOWES HOME IMPROVEMENT MAINT SUPPLIES 9.97 WRYEST SAFETY SCBA BRACKET 404.42 ATC FREIGHTLINER GROUP VEHICLE REPAIR PARTS 29.96 OVERHEAD DOOR CO. REPAIRS -BAY DOOR 882.00 CINGULAR WIRELESS CELL PHONE USE 94.47 SOUTHWESTERN BELL PHONE USE 9.35 VENDOR DESCRIPTION AMOUNT" TREASURER PETTY CASH PER DIEM-GREENBURG/JENNINGS 219.05 TREASURER PETTY CASH TURNPIKE FEE 7.00 BEST WESTERN LODGING-GREENBURG 249.60 OKLA TRANSPORTATION AUTHORITY PIKE PASS 21.45 METROCALL PAGER USE 13.90 SAMS CLUB OPERATING SUPPLIES 17.49 FIRE DEPT TOTAL 1,958.66 VERDIGRIS VALLEY ELECTRIC COOP STORM SIRENS 24.75 EMERGENCY PREPAREDNESS DEPT TOTAL 24.75 MILL CREEK LUMBER & SUPPLY MAINT SUPPLIES/STAKES 10.72 UNIFIRST HOLDINGS UNIFORM RENTAL/CLEANING 44.97 GEORGE & GEORGE SAFETY & GLOVE UNIFORMS/PROT CLOTHING 44.05 TULSA COUNTY TULSA COUNTY BOCC TRAFFIC/STREET SIGN REPLACEMENTS 417.20 OWASSO FENCE CO FENCE REPAIR 210.00 TREASURER PETTY CASH CDL LICENSE-WEBSTER 66.50 A -OK SIGNS UNIFORMS/PROT CLOTHING 93.00 WHITE STAR MACHINERY & SUPPLY VEHICLE EQUIP/CONCRETE SAW 1,895.00 METROCALL PAGER USE 28.64 STREETS DEPT TOTAL 2,810e08 BAILEY EQUIPMENT TRIMMER REPAIR/FILTERS 85.92 OFFICE DEPOT CHAIR 66.49 LOWES HOME IMPROVEMENT TRASH BAGS/MAINT SUPPLIES/HARDWARE 31.92 ESTES, INC CHEMICALS/FERTILIZER 677.52 UNIFIRST HOLDINGS UNIFORM RENTAL/CLEANING 73.36 EQUIPMENT ONE RENTAL & SALES RENTAL -AIR COMPRESSOR 85.00 WATER PRODUCTS REPAIR/MAINT SUPPLIES/METERS 3,320.72 BAILEY EQUIPMENT TRIMMER REPAIR/FILTERS 25.10 A -OK SIGNS UNIFORMS/PROT CLOTHING 93.00 METROCALL PAGER USE 44.20 GEORGE & GEORGE SAFETY & GLOVE UNIFORMS/PROT CLOTHING 44.03 STORMWATER MAINT DEPT TOTAL 4,547.26 ANCHOR STONE CO LIMESTONE SCREENINGS 45.66 WATER PRODUCTS REPAIR SUPPLIES 54.20 LOWES HOME IMPROVEMENT ROUND UP 150.10 LOWES HOME IMPROVEMENT RESTROOM SIGNS 11.88 ATWOODS FUSE-METER/PIPE/FITTINGS 18.29 AUTO BATTERY & ELECTRIC BATTERY CHARGER 160.00 WASHINGTON CO RWD WATER-MCCARTY PARK 12.50 MURPHY SANITARY SUPPLY MAINT SUPPLIES 19.05 UNIFIRST HOLDINGS UNIFORM RENTAL CLEANING 44.37 SHAWNEE LIGHTING SYSTEMS LIGHTING REPAIRS 1,256.20 ADT SECURITY SERVICES SECURITY SERVICES 43.36 MARSHA ANN SMITH ELM CREEK/SKATE PARK JANITORIAL SERVICE 315.00 ALOHA LANDSCAPE & IRRIGATION MOWING SERVICE -CENTENNIAL PARK 227.00 ALOHA LANDSCAPE & IRRIGATION MOWING SERVICE -ELM CREEK PARK 400.00 SOUTHWESTERN BELL PHONE USE 0.17 ANCHOR STONE CO AGGREGATE SEWERLINES/LIMESTONE 478.76 L & S DEDMON TRUCKING SCREENINGS/AG BASE -RODEO 680.00 METROCALL PAGER USE 13.90 VENDOR DESCRIPTION AMOUNT �*'ARKS DEPT TOTAL 3,930.41, CHARACTER TRAINING INSTITUTE CHARACTER SUPPLIES 35.94 MURPHY SANITARY SUPPLY PAPER GOODS/TOWELS 96.85 SOUTHWESTERN BELL PHONE USE 0.15 SAMS CLUB OPERATING SUPPLIES 5.68 COMMUNITY CENTER DEPT TOTAL 338.62 SOUTHWESTERN BELL PHONE USE 0.34 CARR CONSTRUCTION INSIDE PAINTING 423.00 OFFICE DEPOT OFFICE SUPPLIES 20.37 HISTORICAL MUSEUM DEPT TOTAL 443.71 DAVID D BRACE PROFESSIONAL/TECH SERVICES 150.00 LEIGH HATHAWAY ROY PROFESSIONAL/TECH SERVICES 150.00 TRIAD PRINTING FOAMBOARD 39.96 TRIAD PRINTING PRINTING 975_79 CROSSROADS COMMUNICATIONS PROFESSIONAL/TECH SERVICES 150.00 CINGULAR WIRELESS PHONE USE-RAY/HAYES 80.01 TREASURER PETTY CASH REIMBURSE PETTY CASH 16.95 CARD CENTER CREDIT CARD USE 100.00 ECONOMIC DEVELOPMENT DEPT TOTAL 1,662.71 PRICE, BILLIE C/O CAROLYN L MAHAN POA REFUND #6651 200.00 BENTLEY, DIANE M REFUND #5672 25.00 EMPLOYERS MUTUAL REFUND-VILLAFANA 576.00 MEDICAL COMPLIANCE SPECIALTY BIO-WASTE DISPOSAL. 210.00 OFFICE DEPOT SAFE DRAW -MEDIC 1 18.04 PHARMACEUTICAL SYSTEMS AMBULANCE SUPPLIES 90.00 PACE PRODUCTS AMBULANCE SUPPLIES 264.20 ALLIANCE MEDICAL AMBULANCE SUPPLIES 2,053.99 ATC FREIGHTLINER GROUP VEHICLE REPAIR PARTS 29.96 WORKS & LENTZ OF TULSA COLLECTION FEES 43.00 CINGULAR WIRELESS CELL PHONE USE 109.83 MEDICLAIMS MONTHLY SERVICES 4,475.01 AMBULANCE SERVICE FUND TOTAL 8,095.03 SOUTHWESTERN BELL_ E911 FEES 1,859.84 E-911 FUND TOTAL 1,859.84 OKLAHOMA SAFETY CENTER JUVENILE ASSESSMENT 95.00 JUVENILE COURT FUND TOTAL 95.00 JKJ OWASSO DEVELOPMENT, LLC SILVER CREEK IMPROVEMENTS 30,000.00 STORMWATER MGMT FUND TOTAL 30,000.00 PSA-DEWBERRY INC ENGINEERING SERVICE 2,500.00 CHARNEY, BUSS, & WILLIAMS, P.C. LEGAL SERVICES 468.75 PAYLESS AUTOLOT PAUL FREEMAN SIGN REPLACEMENT 200.00 CAPITAL IMPROVEMENTS FUND TOTAL 3,168.75 rrr INCOG UNIFIRST HOLDINGS TOTAL RADIO NAPA/GENUINE PARTS COMPANY FRONTIER INTERNATIONAL TRUCKS AMERICAN HOSE & SUPPLIES AMERIFLEX HOSE & ACCESSORIES O'REILLY AUTOMOTIVE SOUTHWESTERN BELL QUALITY TIRE & AUTO SERVICE LENOX WRECKER SERVICE OFFICE DEPOT METROCALL CINGULAR WIRELESS OK TAX COMMISSION SPECIAL TAX UNIT CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST ACCOUNT EDWARD D JONES CO DESCRIPTION AMOUNT CDBG-ED-04 NSP 366.93 CAPITAL PROJECTS GRANTS FUND TOTAL 366.93 UNIFORM RENTAL 104.32 RADIO ANTENNA PARTS 20.00 PARTS FOR RESALE 19.70 PARTS FOR RESALE 4.36 PARTS -TRASH TRUCK 40.14 PARTS FOR RESALE 209.12 PARTS FOR RESALE 978.68 PHONE USE 3.00 WHEEL ALIGNMENT 49.95 TOWING 50.00 OFFICE SUPPLIES 27.31 PAGER USE 6.95 CELL PHONE USE 23.25 CITY GARAGE FUND TOTAL 1,536.78 MITF WORKERS COMP TAX 104.54 W/C MED CLAIMS-W/C COMPENSATION 14,004.99 W/C MED CLAIMS-W/C COMPENSATION 1,386.69 W/C MED CLAIMS-W/C COMPENSATION 188.75 W/C MED CLAIMS-W/C COMPENSATION 188.75 W/C MED CLAIMS-W/C COMPENSATION 1,656.00 W/C MED CLAIMS-W/C COMPENSATION 671.58 WORKERS COMP FUND TOTAL 18,201.30 SEWER IMPROVEMENT BONDS 810.00 PLEASANT VIEW SEWER DISTRICT 810.00 r CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 4/15/2006 Department Overtime Expenses Total Expenses Municipal Court 0`.00 3,932.70 Managerial 0.00 15,248.55 Finance 0.00 15f783.50" Human Resourses 0.00 6,221.63 Community Development 0.00 14,635.38 Engineering 0.00 10,877.32 Information Systems 0.00 9,588.83 Support Services 101.18 8,356.14 Police ' 2148.89 99,218.90 ; Central Dispatch 273.96 8,624.17 Animal Control 35.67 2,934.08 Fire 1,136.81 71,700.97 Emergency Preparedness 0.00 4,092.94 Streets 56.88 7,388.39 Stormwater/ROW Maint. 143.78 9,069.55 Park Maintenance 0.00 7,621.78 Community -Senior Center 0.00 4,733,11 Historical Museum 0.00 2,462.56 Economic Development ` 0.00 3,866.46 Garage Fund Fund Total $0.00 $4,936.14 Ambulance Fund Fund Total $378.93 $18,229.48 Emergency 911 Fund Fund Total $117.41 $3,696.07 CITY OF i HEALTHCAREA i HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE AETNA STOP LOSS FEES ADMIN FEES HEALTHCARE DEPT TOTAL. DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL DEPT TOTAL AMOUNT 24,995.43 25,937.28 14,283.00 12,292.20 77,507.91 6,826.47 6,826.47 84,334.38 TO: THE HONORABLE MAYOR• r COUNCIL CITY OF OWASSO i .O CITY PLANNER BACKGROUND: At the April 18, 2006 meeting, the Owasso City Council approved an annexation request (OA 06-03) for approximately 25 acres of property located at the northwest corner of East 106"' Street North and North 161" East Avenue. The approval also included the right of way for East 106"' Street North from North 145t1' East Avenue to North 161s' East Avenue. Attached is a copy of Ordinance No. 855 that formally adopts the City Council' s action of April 18, 2006. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 855. 1. Ordinance No. 855 2. Subject Map AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY IN THE SOUTHEAST QUARTER (SE/4) OF THE SOUTHEAST QUARTER (SE/4) OF THE EAST HALF (E/2) OF THE SOUTHWEST QUARTER (SW/4) OF THE SOUTHEAST QUARTER (SE/4) OF SECTION TEN (10), TOWNSHIP TWENTY- ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, ROGERS COUNTY, OKLAHOMA, ACCORDING TO THE UNITED STATE GOVERNMENT SURVEY THEREOF, AND THE RIGHT OF WAY FOR EAST 106TH STREET NORTH BETWEEN NORTH 145TH EAST AVENUE AND NORTH 161 ST EAST AVENUE, PROVIDED THAT FROM AND AFTER THE PASSAGE AND PUBLICATION OF THIS ORDINANCE THAT ALL OF THE REAL PROPERTY WITHIN SAID TERRITORY HEREIN DESCRIBED SHALL BE A PART OF THE CITY OF OWASSO, OKLAHOMA, AND FURTHER DECLARING THAT ALL PERSONS RESIDING THEREIN SHALL BE SUBJECT TO THE JURISDICTION, CONTROL, LAWS, AND ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA ESTABLISHING THE SAME AS PART OF WARD TWO OF SAID CITY AND DIRECTING THE FILING OF THIS ORDINANCE. WHEREAS, pursuant to the provisions of Title 11, Section 21-103, et seq., of the Oklahoma Statutes, the City of Owasso is permitted to annex additional territory providing a petition in writing, signed by not less than three -fourths of the legal voters and owners of not less than three -fourths (in value) of the property hereinafter described, the same being contiguous to the corporate limits of the City of Owasso, requesting that said property be annexed and added to the City of Owasso is submitted; and WHEREAS, notice of the presentation of said Petition was given by the Petitioner by publication in the Owasso Reporter, a newspaper of general circulation published in the City of Owasso, Oklahoma, and notice was given that said Petition would be considered by the City Council of the City of Owasso, at a meeting to be held on April 18, 2006 at 6:30 PM at Old Central, Owasso, Oklahoma; and WHEREAS, on the 18"' day of April, 2006, said Petition was duly considered by the City Council and was determined to have complied with the provisions of Title 11, Section 21-103, et seq., of the Oklahoma Statutes, and further, that proper legal notice of presentation of said petition had been given. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, Section 1. That the following described territory lying in Tulsa County, Oklahoma which is contiguous to the present corporate limits of the City of Owasso and described in the petition presented to the City Council in accordance with the provisions of Title 11, Section 21-103, et seq., of the Oklahoma Statutes, and more particularly described as follows, to -wit: THE SOUTHEAST QUARTER (SE/4) OF THE SOUTHEAST QUARTER (SE/4) AND THE EAST HALF (E/2) OF THE SOUTHWEST QUARTER (SW/4) OF THE SOUTHEAST QUARTER (SE/4) OF SECTION TEN (10), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, ROGERS COUNTY, OKLAHOMA, ACCORDING TO THE UNITED STATE GOVERNMENT SURVEY THEREOF, AND COMMENCING AT THE SOUTHEAST CORNER OF SECTION TEN (10), TOWNSHIP TWENTY-ONE (21), NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, ROGERS COUNTY, OKLAHOMA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY THEREOF, THENCE NORTH 01'10'37" WEST ALONG THE EAST LINE OF SAID SECTION 10, 658.55 FEET, THENCE SOUTH 88'44'08" WEST 25.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 88044'08" WEST 1294.20 FEET TO A POINT ON THE WEST LINE OF THE E/2 OF THE SE/4 OF SECTION 10; THENCE NORTH O1'13'59" WEST 670.15 FEET ALONG THE WEST LINE OF THE E/2 OF THE SE/4 OF SAID SECTION 10, THENCE NORTH 88'49'23" EAST 659.93 FEET, THENCE SOUTH 01012'18" EAST 663.92 FEET, NORTH 88'46'24" EAST 634.60 FEET, THENCE SOUTH 01'10'37" EAST 4.81 FEET AT THE POINT OF BEGINNING AND A TRACT OF LAND LOCATED IN THE NORTH HALF (N/2) OF SECTION 15, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN (I.B.&z M.), ROGERS COUNTY, OKLAHOMA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 16.50 FEET OF SECTION 15, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN (I.B.&t M.), ROGERS COUNTY, OKLAHOMA, AND CONTAINING 2 ACRES MORE OR LESS. AND A TRACT OF LAND LOCATED IN THE SOUTH HALF (S/2) OF SECTION 10, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN (I.B.&z M.), ROGERS COUNTY, OKLAHOMA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST (SW) CORNER OF SEC. 10, (POINT OF BEGINNING); THENCE EAST ALONG THE SOUTH LINE OF SAID SEC. 10 TO THE SOUTHEAST (SE) CORNER OF SAID SEC 10, THENCE NORTH A DISTANCE OF 16.50 FEET ALONG THE EAST LINE OF SEC 10, TO THE NORTH STATATORY RIGHT OF WAY LINE OF NORTH 106TH STREET EAST, THENCE WEST ALONG SAID STATATORY RIGHT OF WAY LINE TO A. POINT 33.50 FEET SOUTH OF THE SOUTHEAST (SE) CORNER OF THE LAKE VALLEY I SUBDIVISION, THENCE N 00000'26"E A DISTANCE OF 33.50 FEET, THENCE S 89'59'34"W A DISTANCE OF 208.18 FEET, THENCE S 00'00'26"W A DISTANCE OF 33.50 FEET TO THE NORTH STATATORY RIGHT OF WAY LINE OF NORTH 106TH STREET EAST, THENCE WEST ALONG SAID STATATORY RIGHT OF WAY LINE A DISTANCE OF 412.59 FEET TO THE WEST LINE OF SAID SEC 10, THENCE SOUTH ALONG THE WEST LINE OF SECTION 10, A DISTANCE OF 16.50 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 2.16 ACRES MORE OR LESS. be, and the same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and the corporate limits thereof be and are hereby extended to include the above described territory and real estate. Section 2. That from and after the passage and publication of this Ordinance, the real estate and territory described in Section 1 hereof shall be a part of the City of Owasso, Oklahoma, and in Ward One thereof, and all persons residing therein, and all property situated thereon, shall be and are hereby declared to be subject to the jurisdiction, control, laws, and ordinances of the City of Owasso, Oklahoma, in all respects and particulars. Section 3. That from and after the effective date of this ordinance, the real estate and territory described in Section 1 hereof, shall be deemed to be in the AG (Agricultural) zoning district of the City of Owasso in accordance with the provisions of Section 110.3 of the Owasso Zoning Code. Section 4. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance, together with an accurate map of the territory hereby annexed. Mayor Sherry Bishop, City Clerk Julie Trout Lombardi, City Attorney Owasso Community Development Department 111 N. Main St. Owasso, OIL 74055 918.376.1500 918.376.1597 www.cityofowasso.com TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER DATE: April 25, 2006 BACKGROUND: At the April 18, 2006 meeting, the Owasso City Council approved an annexation request (OA 06-04) for approximately 8.5 acres of property located at the southwest comer of East 126h Street North and North Gamett Road. Attached is a copy of Ordinance No. 856 that formally adopts the City Council's action of April 18, 2006 P ATTACHMENT: 1. Ordinance No. 856 2. Subject Map r AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY IN PART OF U.S. GOVERNMENT LOT 1 IN SECTION 6, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA. ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, PROVIDED THAT FROM AND AFTER THE PASSAGE AND PUBLICATION OF THIS ORDINANCE THAT ALL OF THE REAL PROPERTY WITHIN SAID TERRITORY HEREIN DESCRIBED SHALL BE A PART OF THE CITY OF OWASSO, OKLAHOMA, AND FURTHER DECLARING THAT ALL PERSONS RESIDING THEREIN SHALL BE SUBJECT TO THE JURISDICTION, CONTROL, LAWS, AND ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA ESTABLISHING THE SAME AS PART OF WARD TWO OF SAID CITY AND DIRECTING THE FILING OF THIS ORDINANCE. WHEREAS, pursuant to the provisions of Title 11, Section 21-103, et seq., of the Oklahoma Statutes, the City of Owasso is permitted to amiex additional territory providing a petition in writing, signed by not less than three -fourths of the legal voters and owners of not less than three -fourths (in value) of the property hereinafter described, the same being contiguous to the corporate limits of the City of Owasso, requesting that said property be annexed and added to the City of Owasso is submitted; and WHEREAS, notice of the presentation of said Petition was given by the Petitioner by publication in the Owasso Reporter, a newspaper of general circulation published in the City of Owasso, Oklahoma, and notice was given that said Petition would be considered by the City Council of the City of Owasso, at a meeting to be held on April, 18 2006 at 6:30 PM at Old Central, Owasso, Oklahoma; and WHEREAS, on the 18th day of April, 2006, said Petition was duly considered by the City Council and was determined to have complied with the provisions of Title 11, Section 21-103, et seq., of the Oklahoma Statutes, and further, that proper legal notice of presentation of said petition had been given. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, Section L That the following described territory lying in Tulsa County, Oklahoma which is contiguous to the present corporate limits of the City of Owasso and described in the petition presented to the City Council in accordance with the provisions of Title 11, Section 2.1-103, et seq., of the Oklahoma Statutes, and more particularly described as follows, to -wit: 11008 EAST 126T11 STREET NORTH PART OF U.S. GOVERNMENT LOT I IN SECTION 6, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, SAID PARTIAL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION, THENCE WESTERLY ON THE NORTH LINE OF SAID SECTION, A DISTANCE OF 660.00 FEET, TO THE POINT OF BEGINNING; THENCE SOUTHERLY, PARALLEL WITH THE EAST LINE OF SAID SECTION, A DISTANCE OF 497.03 FEET; THENCE WESTERLY, TO A POINT ON THE WEST LINE OF SAID LOT, SAID POINT ALSO BEING ON THE SOUTHEASTERLY RAILROAD RIGHT-OF-WAY LINE; THENCE NORTHEASTERLY, ON SAID RIGHT-OF-WAY LINE, TO A POINT ON THE NORTH LINE OF SAID SECTION; THENCE EASTERLY ON THE NORTH LINE OF SAID SECTION, TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 5.9 ACRES, MORE OR LESS. 12526 NORTH GARNETT & 12506 NORTH 113"H EAST AVENUE THE SOUTH 248.52 FEET OF THE NORTH 497.03 FEET OF THE EAST 440.90 FEET OF GOVERNMENT LOT 1, OF SECTION SIX (6), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF; 11002 EAST 126TH STREET NORTH PART OF US GOVERNMENT LOT ONE (1) IN SECTION SIX (6), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE & MERIDIAN, TULSA COUNTY STATE OF OKLAHOMA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOW, TO -WIT: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION; THENCE WESTERLY ALONG THE NORTH LINE OF SAID SECTION A DISTANCE OF 440.90 FEET TO THE POINT OF BEGINNING: THENCE SOUTHERLY & PARALLEL WITH THE EAST LINE OF SAID SECTION A DISTANCE OF 497.03 FEET; THENCE WESTERLY & PARALLEL WITH THE NORTH LINE OF SAID SECTION A DISTANCE OF 219.10 FT; THENCE NORTHERLY & PARALLEL WITH THE EAST LINE OF SAID SECTION A DISTANCE OF 497.03 FT TO A POINT ON THE NORTH LINE OF SAID SECTION; THENCE EASTERLY ALONG THE NORTH LINE OF SAID SECTION A DISTANCE OF 219.10 FT TO THE POINT OF BEGINNING. be, and the same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and the corporate limits thereof be and are hereby extended to include the above described territory and .real estate. Section 2. That from and after the passage and publication of this Ordinance, the real estate and territory described in Section 1 hereof shall be a part of the City of Owasso, Oklahoma, and in Ward One thereof, and all persons residing therein, and all property situated thereon, shall be and are hereby declared to be subject to the jurisdiction, control, laws, and ordinances of the City of Owasso, Oklahoma, in all respects and particulars. Section 3. That from and after the effective date of this ordinance, the real estate and territory described in Section 1 hereof, shall be deemed to be in the AG (Agricultural) zoning district of the City of Owasso in accordance with the provisions of Section 110.3 of the Owasso Zoning Code. Section 4. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance, together with an accurate map of the territory hereby annexed. Mayor NVI UcxyCl Sherry Bishop, City Clerk Julie Trout Lombardi, City Attorney Owasso Community Development Department 111 N. Main St. Owasso, Ole 74055 918.376.1500 918.376.1597 www.cityofowasso.com Subject erties /////PAMMMM04/. %/////% ! 1 it t�IZC� 0121.2 mat ., TO: THE HONORABLE MAYOR AND COUNCIL CffY OF OWASSO FROM: CHIEP MCCULLEY CrrY PLANNER DATE: April 25, 2006 BACKGROUND: At the April 18, 2006 meeting, the Owasso City Council approved a Rezoning request (OZ 06-03) for approximately 3.9 acres of property located approximately 1/4mile south of East 9e Street North and east of the Owasso Expressway service road. Attached is a copy of Ordinance No. 857 that formally adopts the City Council's action of April 18, 2006. alivinipy IL WrIffalikkell 1 U I Usill UMMM-01 OU I LIXI AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ-06- 03 CHANGING THE ZONING OF PROPERTY ON A TRACT OF LAND SITUATED IN THE SOUTH HALF OF THE NORTHEAST QUARTER (S/2 NE/4) OF SECTION TWENTY (20), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF. WHEREAS, public hearings have been held regarding the request for rezoning of the property herein described; and, WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for or against the requested rezoning of application OZ 06-03. THEREFORE, BE ORDAINED BY THE COUNCILOF OF OWASSO, OKLAHOMA, Section 1. The zoning classification of the following described property, to wit: NORTH,A TRACT OF LAND SITUATED IN THE SOUTH HALF OF THE NORTHEAST QUARTER (S/2 NE/4) OF SECTION TWENTY (20), TOWNSHIP TWENTY-ONE RANGE O4) EAST OF DAND COUNTY,MERIDIAN, TULSA OF OKLAHOMA,• D, • THE U.S. GOVERNMENT SURVEY THEREOF; BEING MORE PARTICULARLY IfIESCRIBED AS FOLLOWS,• ROGNIM93 = H K610101 III0101 W11 101 ILI. • ' • R is hereby changed from OM & RS-3 (Office Medium & Residential Single Family District) to CG (Commercial General). Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. APPROVED this 2nd clay of May, 2006. Mayor Sherry Bishop, City Clerk Ia\» 1,01FA 0 t17 .'lr IC�7 �7 71h Julie Trout Lombardi, City Attorney m 20 21-14 Feet 0 200 400 ST Im HE m m r 4 AV PUD-1 I w i a o9gyfSTNS ' LA 1 \ � 1 � 1 Ia C� / ST N 1; THE HONORABLE1;R ; CITY COUNCII CITY OF OWASSO FROM: HUMAN RESOURCE DIRECTOR INTERNATIONAL 1 A 1 OF FIREFIGHTERS (IAFF', FISCAL YEAR 6-21 h_ CONTRACT DATE: April 26, 2006 BACKGROUND; Regular negotiation sessions have been conducted with the IAFF over the last couple of months. Staff is pleased with this year's negotiations and commends the union for working towards the mutual goal of developing a pay plan that is competitive with local municipalities. Reaching this goal included increasing base pay and reducing and/or removing some of our add -on pay. A summary of changes is attached for your review. The total increase in cost for these changes for fiscal year 2006-2007 is $132,804. A 9.03% increase over the current fiscal year. The proposed contract includes language to ratify the same contract prior to June 30, 2007, for fiscal year 2007-2008. The increase in cost for fiscal year 2007-2008 would be $102,326, a 6.38% increase over fiscal year 2006-2007. PROPOSAL: Staff recommends approval of the 2006-2007 contract between the City of Owasso and the International Association of Firefighters Focal #2789. ATTACHMENTS: 1. Summary of Changes 2. 2006-2007 IAFF contract 0 1. 1AFF Contract Article 1—Purpose of Agreement ® Minor wording change, added "AFL/CIO/CLC" to official title of the IAFF ® Minor wording change, added "employees, members or bargaining unit" Article 5—Authority &r Term ® Date change, two year contract Article 12®Organized Meal Program (previously job Assignments) ® Deleted Job Assignment article which related to volunteer firefighters would not be placed in charge of paid firefighters at a fire scene. ® Added article creating an organized meal program at the request of the Union. The organized meal program is maintained and managed by the Union and is at no cost to the City. Article 13®Seniority ® Changed method of determining seniority for individuals with the same date of hire. Currently seniority for individuals with the same date of hire is determined by the date of application. Proposed contract includes new wording indicating seniority for individuals with the same hire date will be determined by the order of the hiring list. ® Reduced the number of months before an automatic promotion would occur. Currently if an employee is in an acting capacity for eleven months that employee will automatically be promoted to that position. Proposed contract reduces the number of months to six. Article 20®Compensation ® The proposed contract includes a range and step plan for the next two fiscal years that results in the top step coming within an average of twelve cents of Broken Arrow's top step in 2007-2008 as well as competitive with Tulsa. The proposed contract increases entry level pay by allowing individuals with a Paramedic license to be hired at a higher rate than individuals with an Intermediate license. The proposed contract also allows individuals currently employed as a firefighter with advanced life support experience to be hired at a rate higher than entry level. The increase in entry level pay and the lateral entry level will allow us to competitively recruit applicants for the nine new positions requested in this year's budget proposal. ® The overall increase for FY 06-07 is 9.03%. The overall increase for FY 07-08 is 6.38%. ® Modified education pay to match Broken Arrow. Resulted in removing pay for each credit hour obtained, increased pay for degrees. ® Reduced EMT pro -pay to match Broken Arrow. Added pro -pay for Instructor 11 and Hazardous materials Technician certification. Removed $0.07 EMT incentive pay. Removed the 2% performance based pay. Article 25®Uniform and Bed Linens ® Removed $0.13 per hour cleaning allowance. Removed $0.01 bed linen allowance. Added wording allowing members of the bargaining unit to select replacement uniform from a "menu list" established by the Chief, up to $450 per year. This will allow articles of clothing to be replaced that are worn out instead of replacing a pre -determined number of pants and shirts each year. Article 27®Tuition Reimbursement ® Added a repayment agreement for tuition reimbursement and/or Paramedic classes. Prior to receiving tuition reimbursement or enrollment in Paramedic classes the member of the bargaining unit would have to sign an agreement to repay 100% of the tuition reimbursements and cost of Paramedic classes if he/she leaves employment with the City prior to three years from the last payment. Article 30®Working Out of Class ® Added $30 per shift working out of class pay for individuals acting as Battalion Chief. Article 31®Longevity ® Reduced longevity to match Broken Arrow. Article 32—Retirement and Pension ® Removed City's 4% contribution towards employees required 8%. (City still contributes their required 13%). Article 34—Drug Alcohol Testing ® New article allows employee's to be tested for drug and alcohol on a random basis and after an accident. ..--w ...-_.. :: » +, e d<<; <. + <� : > « y r222■21 Poll <t,1111 FTIVION Jul 1, 2006- June 30,:00 Jul ? 4 t ? y » :I. 2008 ARTICLE / 9[7RP(}SIl OF AGREEMENT ........................................................... l ARTICLE 2 RECOGNITION .......................................................................-.. 2 ARTICLE 3 MUTUAL RESp()NS{Bll.l][Y TO }\\7[VD DISCRIMINATION ................. 3 AR]][l.E 4 GENDER CLAUSE ........................................................................ 4 ARTICLE 5 AUTHORITY AND TERM .............................................................. 5 ARTICLE 6 MANAGEMENT RIGHTS AND RESPONSIBILITIES ........ .. ............ ..... h ARTICLE 7 PREVAILING RIGHTS ................................................................... 8 ARTICLE 8 PROHIBITION OF STR[KBS............................................................ g ARTICLE 0 BARGAINING UNIT RIGHTS AND SECURITY ............................... lU ARTICLE |U PERSONNEL FILES .................................................................... I ARTICLE I REGULAR AND SPECIAL MEETINGS ............................................ 13 ARTICLE 12 }{}B AS..................................................................... 14 ARTICLE 13 SENIORITY ......................................-...................................... 15 ARTICLE 14 l{(lLURS AND TIME EXCHANGE .................................................... 17 ARTICLE /5 PERSONNEL REDUCTION ............................................................ 18 ARTICLE\h MANNING ................................................................................. \q ARTICLE |7SAFETY AND HEALTH COMMITTEE ............................................ 2U ARTICLE 18 GRIEVANCE PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 /\RTlCl.B 10 [>(]ES CHECK -OFF ........... ................... ................... ..................... 25 ARTICLE 20 COMPENSATION ........ ... ............... ... .... .... .... ........ ... .... ............ .... 26 ARTICLE 2/ OVERTIME AND CALL BACK ......................................................30 ARTICLE 22 VACATIONS AND HOLIDAYS . . . . . . .. . .. . . .. . . .. . . . . . . - . . . . . . . . . . . . . . . . . . . . . . . . . . 31 ARTlCI.E23 SICK LEAVE ............ ....................... .................. ......................... 32 ARTICLE 24 COURT AND JURY LEAVE ............................................. .............. 34 ARTICLE 25UNIFORM AND BED LINENS. ................................ ...................... 36 AI{I[[]LB 26 INSURANCE ......................................... ...... .......... .. ....... ............. 37 ARTICLE 27 T[T[[l{}N REIMBURSEMENT ....................................... 38 ARTICLE 28 SUCCESSORS AND ASSlGNS.................... ................... 30 ARTICLE 29 SAVINGS CLAUSE ............................ 40 ARTICLE 30 W(lflKlN(; OUT OF CLASS ...........................................4/ ARTICLE 31 LONGEVITY ............. ....... ___ ................. ............. ..........42 ARTICLE 32 RETIREMENT AND PENSION .......................................................43 ARTICLE 33 PHYSICAL FITNESS PROGRAM ............. .... ....... ... ..... ..... ......- 44 Afl7ICl.B 34 DRUG & A|.C(}l{()I. TESTING .............................. ................ ......... 45 SIGNATURE PAGE APPENDIX A, APPENDIX B, APPENDIX C, APPENDIX D 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. 11 I �xK�Tl11(11� t�7►1 The Employer recognizes the Union as the exclusive bargaining agent for all employees of the Fire Department, except the Chief, one designated Administrative Assistant, civilian employees, and probationary employees. N 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, size, 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 III 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. -1 Legla Ij Ot' "Gender". A word importing one gender only shall extend and be applied to both genders. /:T RW�7:1� 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, 2006 and shall remain in full force and effect until midnight, June 30, 2008. The Employer and the Union agree that on or before June 30, 2007, each shall ratify all articles of this agreement to provide for a continuation of this agreement for fiscal year July 1, 2007 to June 30, 2008, or until replaced by a successor Agreement. Section 3e 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" 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 S, 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. I Section 1, Union recognizes the prerogative of 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; E. 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; on 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. N 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. 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 and 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 or complaint or opinion or any matter related to conditions or compensation of employment or their betterment so long as the same does not interfere with the full, faithful and proper performance of duties of employment, 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 20 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. 10 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 Fire Fighter shall be allowed to review his personnel file under supervision at any reasonable time upon written request to the Fire Chief. Section 3e Recognizing that disciplinary actions provide a basis for training and counseling and are not ineant 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. E. 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 11 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. 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. Section to Upon request, all unfounded, exonerated, not sustained, and no finding complaints will be immediately removed from the employees 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. 12 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. 13 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. 14 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 4m Seniority shall be lost upon the occurrence of any of the following: A. Discharge, if not reversed; B. Resignation; C. Un-excused failure to return to work upon the expiration of a formal leave of absence provided no reasonable excuse is found; and D. Retirement. Section 5® Promotion shall be subject to evaluation and examination of job performance and ability. Seniority will be considered, but will not be the determining factor. Any bargaining unit member serving in an acting capacity for six (6) or more consecutive months may be promoted to the vacant position without being subject to a testing procedure, as long as that employee meets the minimum qualifications for the position. Should a member of the bargaining unit serve in an acting capacity for six (6) or more consecutive months and 15 not meet the minimum qualifications, due to budgetary constraints and/or training availability only, 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. 6 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. Section 3. Employees may have the privilege to exchange duty time, subsequent to approval by the Assistant Chief. The replacement employee must be of at least equal duty qualification of the employee being excused from duty. 17 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 2e 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. Section 1. Employer shall authorize and appropriate funds providing for a minimum of twenty-seven (27) member department, including Fire Chief and Deputy Chief/Designated Administrative Assistant, but excluding any clerical employees. The openings within the department shall be at the discretion of the Fire Chief and the Employer Manager. 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. 19 Section 1e 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 3m 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. 0 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. 21 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. Any controversy between the Employer and the Union or any employee concerning the interpretation, enforcement or application of any provision of this Agreement, concerning any of the terms or conditions of employment contained in this Agreement, shall be adjusted in the following manner: A. The grievance shall be discussed by the employee with the Chief or his designated Administrative Assistant. Said employee and one of the following; Union President, Vice -President or Grievance Committee Chairman, shall be present at said discussion. The answer shall be submitted in writing by the Chief or his designated Administrative Assistant, within five (5) business days to the employee(s) involved and to the Union President. B. If the grievance is not settled by the provision of Section 3A, it shall be submitted in writing to the Union Grievance Committee. Within ten (10) business days from the written answer rendered by the Chief, or his designated Administrative Assistant, the Union Grievance Committee shall determine, in their sole discretion and judgement, 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, FA 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 shall be submitted to arbitration for adjustment as follows: I. Within twenty (20) business days of the City Manager's answer, the parties shall jointly request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. 2. Within ten (10) business days from the receipt of such 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 arbitration shall strike the first name. 3. Upon notification to the Federal Mediation and Conciliation Service of the selection of the arbitrator, and the arbitrator is 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. 4. Within twenty (20) business days after the conclusion of the hearing, the arbitrator shall issue a written opinion containing findings and recommendations with respect to the issues presented. A copy of the opinion shall be mailed or delivered to the Union and the Employer. 5. With respect to the interpretation, enforcement or application of the provisions of this Agreement, the decision, findings and recommendations of the arbitrator shall be final and binding on the parties to this Agreement. 6. The arbitrator's authority shall be limited to the interpretation and application of the terms of this Agreement and/or any supplement thereof. 23 The arbitrator 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. 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. WHI 11111DREG a, Section 1< The Employer agrees to deduct regular monthly Union dues from earned wages of those employees who are in the bargaining unit. The deduction shall be made from each paycheck in an amount certified to be correct by the Secretary -Treasurer of the Local Union. Fifteen (15) days subsequent to the effective date of this Agreement, all members of the Bargaining Unit desiring payroll deduction of Union dues shall individually sign an authorization card provided by the Union and approved by the Employer, authorizing the stated monthly dues deduction be made. The Payroll deduction 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 from the employee's paycheck and will not deduct initiation fees, special assessments, fines or any other deductions except for dues. In the event of an increase or decrease in 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 one of the following financial institutions as selected by the Union; First Bank of Owasso or RCB. It shall be the responsibility of the Union to provide the Employer with deposit slips. The deposit receipt shall been 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. M 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 on July 1, 2006, according to the range and step list in Appendix B (with adjustments in steps effective on anniversary dates, subject to performance evaluations.) Employees of the bargaining unit shall advance a step and be placed in the 2007-2008 range and step plan located in Appendix A on the employees fiscal year 2007-2008 anniversary date. The rates contained in the Appendix A range and step plans 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. 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 EDIT 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. 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. 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. Associates Degree in the field of Fire Protection Technology or Nursing, thirty-nine cents per hour ($0.39) B. Associates Degree not in the field of Fire Protection Technology or Nursing, twenty cents per hour ($0.20). C. Bachelor's Degree in the field of Fire Protection Technology or Nursing, fifty- nine cents per hour ($0.59) D. Bachelor's Degree not in the field of Fire Protection Technology or Nursing, thirty-nine cents per hour ($0.39) E. Master's Degree, forty-nine cents per hour A transcript must accompany each request for initial payment and each request for increasing that payment. Section 6. Employees of the bargaining unit who obtain and maintain Emergency Medical Technician Defibrillator National Certification as prescribed by Oklahoma State Statutes shall receive the following hourly rates added to and included in the Employee's base rate of pay. A. Firefighters with EMT Basic certification shall receive fifty-three cents per hour ($0.53) B. Firefighters with Intermediate certification shall receive forty-three cents per hour ($0.43) C. Captains and Training Officers shall receive thirty-nine cents per hour ($0.39) D. Fire Marshalls and Assistant Chiefs shall receive twenty cents per hour ($0.20) E. Captains with a paramedic license shall receive fifty-nine cents per hour ($0.59) F. Firefigher-Paramedics are not eligible for Defibrillator Certification incentive [2 C . Firefigher-Paramedics shall receive twenty-four cents per hour ($0.24) for possessing an Emergency Medical Paramedic National Certification. Employees of the bargaining unit assigned the additional duty of Mechanic, or EMS Manager shall have the herein designated compensation added to and included in their base W rate of pay. Assigned additional duties may require assessment center testing to determine qualifications prior to the actual assignment by the Fire Chief. "Mechanic" -- Eighty-three cents per hour ($0.83/hr) "EMS Manager99—One dollar per hour ($1.00/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. Section 7e 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. 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. 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. Section 8e The incentive pro -pay of seven cents per hour ($0.07/hr) previously provided for in Article 20, Section 7, is included in the base pay provided in Appendix A as of the 2006-2007 contract year. Section 9> For the purpose of the 2006-2007 contract year the following employees will have the indicated amounts added to and included in their base hourly rate: Bruce Kelley $0.50 Dale Marlar $0.54 Tracy Tremain $0.72 For the purpose of the 2007-2008 contract year the following employees will have the indicated amounts added to and included in their base hourly rate of pay. Dale Marlar $0.54 Tracy Tremain $0.72 29 G1C7HOMW Section 1< As a condition of employment, employees may be required to work overtime because of increased workload, sickness, absences of other employees or emergencies. if an employee is on duty and is required to continue working past his normal shift, he shall be paid overtime pay for actual hours worked at one and one-half (1 1/2) times the regular rate of pay. Once the employee has worked 8 hours of scheduled overtime, he may have the option, if his relief shows up early, to either finish out the scheduled overtime or leave early. All leave except sick leave shall be considered as actual hours worked for the purpose of overtime compensation. For 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 Regulations implementing Fair Labor Standards Act. Section 2. A minimum of three (3) hours call back pay 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. Section 3. Any employee required by the Employer to attend any school, workshop, or seminar, shall be paid per diem at his hourly rate of pay as established pursuant to the pay plan herein referred to 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. Section 4. Employees who are on approved holiday, vacation or personal leave shall not be eligible for mandatory call back or overtime, unless said employee is available and 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, as determined by the Chief of the Department. 30 11114 [�J�1'Dl a Section 1® New employees shall accrue 12 hours per month 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 monthly according to the following schedule: Years of Holiday Employment Yearly Total Vacation Method of Yearly Accumulation Total Maximum Limit* 0-1 yr 144 0 12hrs/mo 264 hrs. 1-4 yrs 144 120 22 hrs/mo 384 hrs. 5-9 yrs 144 144 24 hrs/mo 408 hrs. 10-14 yrs 144 192 28 hrs/mo 456 hrs. 15-19 yrs 144 216 30 hrs/mo 480 hrs. 20 + yrs 144 240 32 hrs/mo 504 hrs *Corresponds to column labeled "Vacation YTD-Left" on employee leave report. Section 2. All vacations and holidays must be taken in not less than one (1) hour increments. 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 vacations for future use. 31 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 18 hours per month. No employee of the bargaining unit shall accumulate in excess of 1440 hours of sick leave time. Section 2. Any member of the bargaining unit absent from duty for three (3) consecutive days or three (3) total days during "any one quarter" of the year because of illness shall, upon reporting for duty, present his supervisor with a physician's release which shall attest to the sickness or injury and verify the employee is physically ready for duty. Section 3. Fifteen percent (15 %) of accrued sick leave shall be paid to an employee upon service retirement or disability retirement or death. 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 designated by a Last Will and Testament or pursuant to the laws of the State of Oklahoma pertaining to intestate succession. 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. 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. 0 If during the fiscal year an employee covered by this agreement uses: 0 shifts of sick leave - such employee shall receive 28 % of that employee's monthly base pay. 1 shift of sick leave - such employee shall receive 20% of that employee's monthly base pay. 2 shifts of sick leave - such employee shall receive 13 % of that employee's monthly base pay. 3 shifts of sick leave - such employee shall receive 7 % 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. After such payment is made all sick leave accrual will be reduced back down to the maximum of 1440 hours. Section 6< Employees within the bargaining unit shall be eligible for 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 and elect to receive the pay benefit, then such member waives his/her right to the Sick Leave Incentive herein described in Article 23, Section 5. However the sick bank available through the Sick Leave Grant/Incentive plan shall be available to employees within the bargaining unit without loss of pay benefits identified in this article. Employees of the bargaining unit who do not elect to participate in the Sick Leave Grant/Incentive Plan offered to all employees of the City shall be eligible for the Incentive Plan herein described in Article 23, Section 5. Section 7. 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 Section 1. Employees who are required to serve as court witnesses or jurors shall be granted time off with pay to serve in that capacity, 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 base pay for that period or the amount paid by the court, which ever is greater. For the purpose of this article, the normal rate of pay shall include "scheduled overtime" pay. 34 111►ie-8C973 "hWo Ian 01I1111U pleg Section to The Employer shall purchase and replace Employer designated uniforms when, in the opinion of the Dire 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: two (2) short sleeve dress shirt; one (1) long sleeve dress shirt; two (2) pair dress slacks; one (1) winter jacket; one (1) belt; one (1) tie; two (2) badges; one (1) pair of boots or shoes; one (1) pair of cold weather gloves; one (1) flashlight and (1) nametag. After successful completion of the twelve month probation period the Employer will provide each Employee four (4) department issued short sleeve t-shirts, four (4) department issued long sleeve t-shirts, two (2) department issued sweatshirts, and four (4) pair of work pants. Section 3. All safety equipment, such as helmets, bunk out coats, pants, boots, safety gloves, Nomex coverall and Nomex hood will be furnished by the Employer, in accordance with the rotation plan developed by the Safety and health Committee, submitted to the Chief by July 1 and approved by the Chief. Section 4. The cleaning allowance of thirteen cents per hour ($.13/hr) previously provided for in Article 25, Section 4, is included in the base pay provided in Appendix A as of the 2006-2007 contract year. Section Sa Employer shall repair or replace or reimburse employee at Employer's expense, the current market value, the employee's personal property, clothing and/or equipment which a fire fighter 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 35 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 ($1000.00) per bargaining unit member per year. No personal property items will be replaced that are lost, destroyed or damaged while performing routine functions, at the fire station. Section 6. All fire fighters will receive protective clothing, as per standard operating procedure of the department. Section 7. The one cent per hour ($.01) previous provided in Article 25, Section 7, is included in the base pay provided in Appendix A as of the 2006-2007 contract year. Section 8. Each contract year the City shall provide each member four hundred fifty dollars ($450.00) worth of approved department duty clothing. 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. There will at no time be any money given to the member by the vendor for any reason pertaining to the clothing purchased with the allocated account. The following items are approved for purchase from the uniform fund: Nomex or 100% cotton shirts (long and short sleeve), uniform pants, light weight 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. Section 9. 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 10. Members of the bargaining unit shall be responsible for replacing their own articles of clothing and uniform with the exception of those items described bereinabove in Section 5 of this Article. 36 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. 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. 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. e23-108. 37 Section 1. The employer shall reimburse tuition, under the limitations hereinafter set forth in this Article, for required courses leading to a Bachelors Degree in Fire Science, or approved related field. The course(s) on which reimbursement will be requested must be approved by the Department Director prior to enrollment (Personnel Form number 10). The tuition herein provided shall be the actual tuition designated for the institution attended, but shall not exceed the per hour Enrollment Fee amount for Comprehensive Universities as designated in the "Student Fees" book Approved at Institutions in the Oklahoma System of Higher Education established by the Oklahoma State Regents for Higher Education. A copy of the "Student Fees" book may be reviewed in the City Finance Office, 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. 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 Exhibit D. ILIMA 104 1U FMM{ 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. 39 Section 1 a 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 2e 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. o. Section 1® In the absence of a Driver from any station, a firefighter/medic will be designated by the Officer in charge of the station as "Acting" Driver and shall receive a temporary increase in pay of ($15.00)/shift effective at the beginning of the first (F) shift. Section 2. In the absence of a Captain from any station the Driver acting as a Captain shall receive a temporary increase in pay of ($20.00)/shift effective at the beginning of the first (1st) shift; any part of a shift shall be considered as working out of class for the entire shift. Section 3® hi the absence of the senior officer in charge of a shift, the Captain acting as the senior officer in charge of the shift shall receive a temporary increase in pay of ($30.00)/shift effective at the beginning of the first (1st) shift. Section 4. A Battalion Chief or an acting Battalion Chief while working as the officer in charge of a shift shall not be required to work as a medic. m "INK [�Il U1�31 Section 1. The Employer shall pay each Employee covered by this Agreement, longevity pay, added to and included in Employee's base rate of pay for each year of service with the department from the Employee's date of hire. Longevity pay shall begin after the Employee has completed five (5) consecutive years of service with the department, and will be paid according to the following scale. Years of Service Rate per Hour 20 $0.65 19 $0.62 18 $0.59 17 $0..56 16 $0.52 15 $0.49 14 $0.46 13 $0.43 12 $0.39 11 $0.36 10 $0.33 9 $0.29 8 $0.26 7 $0.23 6 $0.20 5 $0.16 42 MKIIN The Employer -paid four percent (4 %) of each Employee's required eight percent (8 %) contribution toward the Oklahoma Firefighters Pension and Retirement System previously provided for in Article 32 is included in the base pay provided in Appendix "A" as of the 2006-2007 contract year. IN The employer shall pay a fifteen dollar ($15) per month program fee for each member of the bargaining unit who signs up to participate in an employer sponsored voluntary fitness program. The voluntary fitness program must be through a fitness facility designated by the employer. Participating members must agree to allow the fitness facility to release individual goals, progress and participation dates to the employer on a monthly basis. Participating members working out while not on duty are not covered by Workers' Compensation. Should a participating member not take part in his/her physical fitness program at least once within any seven (7) day period, excluding time used for vacation or extended sick leave, that member must reimburse the employer for that month's program fee. The City agrees that subsequent to one (1) year of operation we will review the programs effectiveness & productivity to see if further incentives or rewards are appropriate. 44 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 Exhibit "C" . ELI IN WITNESS WHEREOF, the parties have hereunto set their hands this day of 2006. CITY OF OWASSO, OKLAHOMA A Municipal Corporation ATTEST: Mayor Sherry Bishop, City Clerk INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL NO. 2789 President Julie Lombardi, City Attorney 46 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. 0 0 i N CO d' LO CO 00 0) O - r e- Q 0- Q 0 a 0 a a. a 0- 2006-2007 w a) CO 0 cn 0 U a) Q) cn Q) cn a) in Q) in 0 55 Q) en Q) Firefighter/Basic EMT 10.77 11.15 11.55 11.96 12.38 12.82 13.28 13.75 14.24 14.74 15.27 15.81 Firefighter/EMT Intermediate 11.74 12.16 12.59 13.04 13.50 13.98 14.47 14.99 15.52 16.07 16.64 17.23 Driver & Firefighter/Paramedic 12.12 12.55 13.00 13.46 13.93 14.43 14.94 15.47 16.02 16.59 17.18 17.79 Captain/EMS Manager 15.43 15.98 16.54 17.13 17.74 18.37 19.02 19.70 Chiefs/Fire Marshall 20.07 20.79 21.52 22.29 23.08 23.90 0 as 0 LO (9 P CO r 2007-2008 w a) cn a) rn a) en a) cn a) cn N u> 6) 6) v> Firefighter/Basic EMT 10.77 11.15 11.55 11.96 12.38 12.82 13.28 13.75 14.24 14.74 15.27 15.81 Firefighter/EMT Intermediate 11.74 12.16 12.59 13.04 13.50 13.98 14.48 14.99 15.52 16.07 16.64 17.24 Driver & Firefighter/Paramedic 13.48 13.95 14.44 14.95 15.47 16.01 16.57 17.15 17.75 18.37 19.01 19.68 Captain/EMS Manager 16.77 17.37 17.98 18.62 19.28 19.97 20.67 21.41 Chiefs/Fire Marshallii 21.03 21.78 22.55 23.35 24.18 25.04 47 Mange and Step as of July 1, 2006. Atwell, Shane DR7 Bishop, John CP8 Blevins, Mike DR9 DeMauro, Kris CP11 Gomez, Eric EP-Probationary Gosvener, Bobby DR8 Greenburg, Aaron EP1 Hurst, David AC8 Jackson,Jason EP1 Jennings, Kip EP-Probationary Kelley, Bruce CP11 Lewis, Mickey EP4 Marlar, Dale Ell McNichol, Shane DR5 Morton, Matt DR7 Mosier, Lloyd Ell Parris, Rick CP10 Potter, Brian EI-Probationary Robinson, Tom CP10 Salts, Dan FM6 Seabolt, Patrick EI-Probationary Smith, Johnny EP4 Sole, David AC10 Taylor, Bryan EP4 Stuckey, Mark AC10 Thompson, Dennis AC11 Tremain, Tracy FF11 Wakley, Joe CP9 Walker, Jeff EP2 Williams, Robert El -Probationary Wofford, Ed EP8 York, Eric EP4 11 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: a. Applicants for employment once a conditional offer of employment has been made. b. For existing employees on the basis of: i. Reasonable Suspicion. ii. Post -Accident where the employee or another person has sustained a work -related injury or the employer's property has been damaged, including damage to equipment, in an amount reasonably estimated at the time of the accident to exceed five 49 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 polices 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. S. "Drug" means amphetamies, cannabinoids, cocaine, phencyclidine (PCP), (� hallucinogens, methaqualone, opiates, barbiturates, benzodiazepines, synthetic narcotics, designer drugs, or a metabolite of any of the substances listed herein. 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 suspicilon" 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; 50 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. 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 a job 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. Confidentiality of Testing Results and Records Disclosure of General health Information Prnhihitp,d ° 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 51 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. W 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 Signature: 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) 53 TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM:1, FINANCE DIRECTOR 1 1', ' • 1' 11r DATE: April 29, 2006 I-11I.-Ti1:"Cli 110111101>a City charter and state statutes require that an independent accountant perform an annual audit of the City's finances. The firm of Crawford & Associates who has been our auditor for the past eight years is restricting their practice to consulting and will no longer have an audit practice. In order to recommend a new audit firm to the City Council, the finance staff sought input and advice from three citizens selected for their expertise in accounting and finance. RFP Process Initial letters were mailed to 61 accounting firms in the Tulsa and Oklahoma City area listed with the OSCPA as performing governmental audit work. Twelve firms responded and received our Request for Proposal (RFP). The RFP was based on a model developed by the Government Finance Officers Association (GFOA). The RFP required the proposing firm to submit qualifications separate from the sealed dollar cost bid. The cost bid was a total fixed fee for each of five years. Proposals were received from the following firms: BIND, Tulsa Cole & Reed, Oklahoma City Cross and Robinson, Tulsa Eide Bailly, Tulsa Finkle & Company, Tulsa Smith, Carney & Co., Oklahoma City Staff analyzed each proposal against the criteria set forth in the RFP. Each firm was evaluated and references verified before the sealed bids were opened. Rose Marie Fennell, City of Owasso Finance Department, presented the analysis and recommendations to the committee for discussion. The committee members, Dorothy Carson, CPA (Kallenberger & Associates), John Fanning, CPA (ONEOK) and Dennis Phillips (First Bank of Owasso), further reviewed the three best proposals. Two firms were selected as having the best understanding of the scope of work involved in the City of Owasso audit. Both firms have positive references, are sufficiently qualified and have a good reputation in the industry. The cost difference between the two proposals was the final factor in the committee's decision to recommend the firm of Cole & Reed of Oklahoma City. Cole & Reed submitted a total cost fee for the 2006 fiscal year audit of $31,200. Audit Committee In order to further improve the quality of financial reporting by the City of Owasso, staff will be requesting the formal establishment of an Audit Committee. An Audit Committee can provide independent review and oversight of the financial reporting processes, internal controls and independent auditors and is a "Recommended Practice" of the GFOA. The citizens who served on the auditor selection committee have agreed to continue in an advisory capacity to formulate the structure, scope of responsibilities and membership requirements of a formal Audit Committee. I would like to express my thanks to the committee members for their time and assistance. Their insight and advice and years of professional and personal experience proved invaluable to this process. I look forward to continuing the relationship as we develop a recommendation to the City Council regarding the formation of an Audit Committee. Staff recommends City Council authorize the City Manager to execute a contract with the firm of Cole & Reed for fiscal year 2006 audit services in the amount of $31,200. Proposal to Provide Professional Auditing Services for City of Owasso, Cole & Reed, P.C. PROPOSAL r PROVIDE r R_ O O, A AUDITING SERVICES ,1R March 21006 K111i w PC MOPOSAL TO PROVIDE PROFESSIONAL AUDITING SERVICES FOR CITY OF OWASSO TransmittalLetter ................................................................................................................................... I Detailed Proposal (Technical Proposal) ................................................................................................. 3 AdditionalInformation......................................................................................................................... 14 Appendices Proposer Guarantee Proposer Warranties Bidders'/ Noncollusion Affidavit Exhibit U Cole & Reed, P.c. ae��et�✓"a.�s�o G�.crx�:aCcc�zC3 March 30, 2006 Ms. Sherry Bishop, Director of Finance City of Owasso 111 N. Main Owasso, Oklahoma 74055 Dear Ms. -Bishop: Thank you for the opportunity to submit our proposal to serve as independent auditors for City of Owasso. We view this as a tremendous opportunity, and are truly excited about having the chance to compete for your audit engagement. We believe that if selected, it will be the beginning of a long and enjoyable professional relationship between our two organizations. Cole & Reed P.C. ("Cole & Reed") is a locally owned CPA firm located in Oklahoma City, Oklahoma. We currently have over 55 employees. We have extensive experience in preparing financial statements in accordance with GASB Statement No. 34, Basic Financial Statements and Management's Discussion and Analysis for State and Local Governments. In 2001, we served as the independent auditors for over sixteen (16) state agencies, primarily higher education institutions, which implemented GASB Statement No. 34. We also have experience in assisting clients obtain the GFOA's Certificate of Achievement of Excellence in Financial Reporting. We are independent members of the RSMMcGladrey Network, a nation-wide network of over ninety (90) locally owned CPA firms that are strategically aligned and affiliated with RSM McGladrey, Inc. / McGladrey & Pullen, LLP, which combined is the 5`s largest CPA firm in the United States of America. Our membership in the RSMMcGladrey Network affords us with the same "national office" resources of the larger firms. At the same time, we can provide the hands --on service and efficiency of a local firm. Thus, we can provide the City of Owasso with the "best of both worlds". Based upon Section 1I of the Request for Proposal, "Nature of Services Required", we Bally understand the nature of the work that is required and the expectations that City of Owasso has for its external public accounting firm. Further, we commit to performing the work within the required time period, both in the current year and in subsequent years. Lastly, we commit that this proposal is a firm and irrevocable offer for a period of ninety (90) days, beginning with the opening date of this proposal (March 31, 2006). Our executives and professionals recognize that the most important product we provide is service. W are committed to providing you with quality, timely service and a high level of personal attention. Our executives will take a hands on approach to our management of the engagement, and will ensure that the 531 Couch Drive, Suite 200 Oklahoma City, OK 73102-2251 Telephone (405) 239-7961 Facsimile (405) 235-0042 www.coleandreed.com RSM McGladrey Network An Independently Owned Member E E management of City of Owasso is pleased with the quality and timeliness of the service received. Mike Gibson, Engagement Partner, will personally ensure that the City of Owasso receives the highest level of attention from our engagement team, and that your reporting obligations are met. Over the years, Mike has established a strong reputation of providing a high level of personal service and attention to our clients in all industry sectors, and especially in the governmental sector. At Cole & Reed, the governmental sector is a major area of emphasis in our practice. We invest a significant amount of time and money in staying on the leading edge of issues affecting the governmental sector, and in ensuring that our clients receive the highest level of service at competitive fees. We believe that after reading our proposal and recognizing the qualifications of our professionals, and our Is commitment to providing you with excellent service, you will see that Cole & Reed is the CPA firm uniquely qualified to serve as the independent auditors for City of Owasso. Should you wish further information about our firm, our people, our experience, or our services, please call Mike Gibson, or any of our engagement team at (405) 239-7961. Very truly yours, Mike Gibson For the Firm KI 2 ill 111 11 Ill I The following information is provided in response to the items listed Section VI (B) of the Request for Proposal. 1-1 Our technical proposal meets the general requirements as outlined in the Request for Proposal (RFP). We are independent with respect to City of Owasso as defined by auditing standards generally accepted in the United States of America and Government Auditing Standards, issued by the Comptroller General of the United States of America. We have provided no professional services to the City of Owasso or any of its agencies for the past 5 years. Cole & Reed is licensed to practice in the State of Oklahoma. All of Cole & Reed's partners and the key professional staff of our client service team are properly licensed as Certified Public Accountants in the State of Oklahoma, and hold appropriate permits to practice, issued by the Oklahoma Accountancy Board. 91 C t �. • =i .. �i a. Cole & Reed currently has over fifty-five (SS) employees. b. Cole & Reed's governmental audit staff numbers eighteen (18) professionals. C. Cole & Reed delivers all of its services, including those to its governmental clients, from its sole location in downtown Oklahoma City. d. Three to four accounting professionals will be employed full-time to support this engagement. All of the professionals assigned to the City of Owasso engagement will be degreed accountants, either currently licensed or sitting for the CPA examination. All will have received training in governmental accounting and auditing, and will have recently served on other governmental engagements. C. We may use one or two part-time professionals to support this engagement, particularly in the first year, when time is of the essence. They will work under the direct supervision of our audit manager and senior. f. The professionals to be assigned to the engagement include: 1 — Primary Audit Partner ® 1 — Concurring Review Partner ! ® 1 — Audit Senior Manager 1 — Audit Senior ® 1-2 Audit Associates F A copy of our most recentt external quality control review report accompanies this proposal at Exhibit A. That peer review report resulted in the highest rating possible — an unqualified opinion with no accompanying letter of comments. The peer review did include a review of specific governmental engagements. mote that Cole & Reed is one of only a few locally owned firms in Oklahoma to register with the Public Company Accounting Oversight Board. Our PCAOE inspection report was issued in March 2006 and is available for viewing at www.pcaobus.org, Registration with the PCAOE requires that our systems of quality control be maintained at the highest of levels, equal to those of national_ firms. We believe that this commitment to quality differentiates us from other CPA firms in Oklahoma. There have been no field reviews during any audit that we have conducted within the past three (3) years. We have had no communications regarding desk reviews for any audit that we have conducted within the past three (3) years. No disciplinary action has been taken nor is any pending with any state regulatory bodies or professional organizations within the past three (3) years. L ELI 0 0 FORMA, W11 The Cole & Reed service team will consist of the following: a. Mike Gibson, Partner in -Charge, Assurance Services, will be the primary audit partner from Cole & Reed. Mr. Gibson is the partner in -charge of Cole & Reed's accounting and auditing department. In addition, he has direct responsibilities for the accounting and auditing services provided to colleges and universities, other governmental agencies, and institutions that receive federal awards. Mr. Gibson has twenty-three years of experience in public accounting. Mr. Gibson received his Bachelor's degree from the University of Oklahoma, and is a member of the American Institute and Oklahoma Society of Certified Public Accountants. Mr. Gibson's governmental clients include Union Public Schools, Tulsa Community College, the University of Oklahoma, Oklahoma State University, Teachers' Retirement System of Oklahoma, Oklahoma County Home Finance Authority, Central Oklahoma Master Conservancy District, and numerous others. Mr. Gibson is an active participant in the National Association of College and University Business Officers (NACUBO), and the Oklahoma Association of College and University Business Officers (OACUBO). He speaks frequently at OACUBO seminars, and was a discussion leader in several NACUBO seminars on GASB No. 34 implementation issues. As partner in -charge of the firm's governmental sector, Mike also oversees and supervises all of the compliance work performed in accordance with OMB Circular Am133. He also has experience working with HUD, through his experience with mortgage banking institutions. Mr. Gibson has received a total of 208 CPE hours over the past 3 years, of which 129 were related to government accounting and auditing. b. Jim Salmons, Audit Senior Manager will serve as the senior manager on this engagement. Mr. Salmons is primarily responsible for directing our audit procedures over the complex research and development grants received by our higher education clients. Such responsibilities include working closely in some cases with the representatives of the cognizant federal agencies, including the Defense Contract Audit Agency (DC AA) and HUD, Mr. Salmons has been with Cole & Reed for tern years; prior to that he worked as an auditor for other accounting firms for five years. Jim is a member of the American Institute and Oklahoma Society of Certified Public Accountants, and is a graduate of the University of Oklahoma. Mr. Salmons has received a total of 210 CPE hours over the past 3 years, 153 of which were related to government accounting and auditing. W U c. Brandi Schweinberg, CPA, Audit Supervisor will be in -charge of the day-to-day fieldwork of the engagement, and will serve as our primary contact with your staff on a daily basis. Ms. Schweinberg joined Cole & Reed in June 2005. She began her career in public accounting in May 2000 with Crawford & Associates. During her three years at Crawford & Associates, she spent substantially all of her time serving municipalities, including the City of Owasso. From April 2003 to June 2005, she served as Controller and City Treasurer for the City of Mustang. She is a graduate of Southwestern Oklahoma State University. Ms. Schweinberg has received over 120 total hours of CPE over the last three years, substantially all of which is related to Governmental CPE. Each of the professionals assigned to the City of Owasso engagement devote a significant amount of time and effort in providing assurance services to government and not -for -profit entities. Cole & Reed's primary asset is the experience and capability of our people to render professional services. To keep all members of the firm current with advanced techniques, Cole & Reed conducts numerous generalized and specialized training programs. Each individual professional receives significantly more than 40 hours of formal continuing education training annually. In addition, key members of our governmental team attend or instruct training courses sponsored by such organizations as the AICPA, National Association of College and University Business Officers (NACUBO), RSM McGladrey, and others. Several of the specialized training courses completed or instructed by members of our governmental services team during the past years include: ® Cole & Reed Governmental Accounting and Auditing Seminars Student Financial Aid Audit Seminars ® Cost Principles — OMB Circular A-21, A-87, A-122 and FAR's AICPA OMB Circular A-133 Auditing Concepts ® NACUBO — Lessons Learned in Applying GASB Statement No. 34 ® AICPA - Performing the Single Audit ® OSCPA -- GASB 34 — "Home of the Brave" Cole & Reed hires and retains leading professionals who are typically Oklahomans dedicated to the community and the state. Generally, we enjoy little turnover. We anticipate that most of the professionals serving on the engagement will serve for the duration of the five year contract. We are aware of the City of Owasso's desire to ensure the continuity of key members of the service team and associated government specialists. We desire that as well. Accordingly, we commit to you that barring circumstances beyond our control, a minimum of one-half of the audit staff will be re -assigned to the engagement annually. In addition, continuing education and work on numerous other governmental engagements will assure their professional growth and the quality of their work. 0 Cole & Reed is an Equal Opportunity Employer and, accordingly, operates our practice to ensure that there is no discrimination with regards to race, color, religion, age, sex or national origin. The team assigned to the City of Owasso engagement will reflect a qualified and diverse engagement team. Additionally, Cole & Reed is a minority -owned firm registered with the State of Oklahoma (Certificate No. 0202). Cole & Reed brings an extensive and diverse amount of experience in providing professional auditing, accounting and consulting services to governmental organizations. Each year, Cole & Reed provides thousands of hours of professional service to governmental organizations. Cole & Reed has provided professional auditing services to the following governmental organizations over the last five years: The primary contact person is Mr. Cecil Strande, Director of Internal Audits (405 -744-6 100) Cole & Reed has contracted with the Board of Regents since 1992 to provide external audit and other services to the institutions under its governance. We originally contracted to provide auditing services to the four "A&M Colleges" from 1992 to 1996. From 1997 to 2001, we served as independent auditors of OSU and then, after mandatory rotation, we were reappointed in 2002 as the external auditors for the "A&M Colleges" once again. Audit Hours Oklahoma State University 1,200 Langston University 750 Oklahoma Panhandle State University 350 Connors State College 350 Northeastern Oklahoma A&M College 350 I IIIIIII1 1:1111n;IIIIIZII q IIIl The primary contact person is Mr. Brad Avery, Director of Internal Audits (405-325-3411). Cole & Reed has contracted with the Board of Regents of the University of Oklahoma to provide external audit and other services to the institutions listed below. Our contract is for the period from 2001 through 2005, thus we just completed our 5' year under this contract. Mike Gibson served as the lead partner on this engagement. 7 i Audit Hours University of Oklahoma — Norman Campus 1,000 University of Oklahoma — Health Sciences Center 800 Cameron University 400 Rogers State University 400 The primary contact person is Ms. Sheridan McCaffree, Executive Director (405-942-8817). Our contract with the Board of Regents of Oklahoma Colleges to provide external audit and other services to the institutions under its governance was fiom 1999 through its completion due to mandatory rotation in 2003. Mike Gibson was the engagement partner, and Jim Salmons served as the engagement senior manager. Audit Hours Northeastern State University 400 University of Central Oklahoma 550 East Central University 400 Southeastern Oklahoma State University 350 Southwestern Oklahoma State University 300 Northwestern Oklahoma State University 300 The primary contact person is Ms. Debra Jacoby, Chief Financial Officer (918-595-7801) We were appointed as independent auditors of Union Public Schools in 2004. The professional services provided include a financial and compliance audit, and the issuance of a Comprehensive Annual Financial Report for which the GFOA Certificate of Achievement of Excellence in Financial Reporting was obtained. The annual audit hours are approximately 600. Mike Gibson and Brandi Schweinberg serve as the engagement partner and supervisor, respectively. 5. Oklahoma Teachers Retirement aSeystem The primary contact person is Mr. Joe Ezell, Treasurer (405-521-2387). We were appointed as independent auditors of the largest retirement system in the State of Oklahoma in 2005. Our professional services include the issuance of the Comprehensive Annual Financial Report for which the GFOA Certificate of Achievement of Excellence in Financial Reporting is obtained. The annual audit hours are approximately 350. Mike Gibson and Brandi Schweinberg serve as the engagement partner and supervisor, respectively. E Ij .�, " i a �, = i . r The following description of our audit approach is how we propose to schedule and staff the engagement on an ongoing basis and under "normal" circumstances. Our audit approach will be segmented into the following basic areas: ® Financial audit of the CAFR of the City of Owasso ® Compliance audit in accordance with OMB Circular A-133 of the schedule of expenditures of federal awards of the City of Owasso, if required The CAFR Financial Audit and the Single Audit (if required) will be conducted in the following phases: ® Phase One — Audit Planning — The audit planning will be performed in May and June. ® Phase Two — Audit Testing — The audit testing procedures for OMB Circular A-133 will primarily be performed in June and July. For the CAFR Financial Audit, interim audit testing will be performed in June and July, and year-end audit testing will be performed primarily in September and October. ® Phase Three — Completing the Audit — The completion phase will occur in November. The planning phase of the audit includes reviewing the internal controls, including computer programs and computer technology security. After a review of the system, the following additional planning procedures will be performed: ® Document understanding of the external and internal environments. ® Assess the control structure. ® Identifying all of the key reports generated by the City of Owasso's accounting system ® Identify potential accounting, auditing and reporting problems. w Estimate likelihood of material misstatement and establish benchmark for planning materiality. ® Perform preliminary analytical review procedures. This will be performed by utilizing the City of Owasso's Legally Adopted Budget for the subsequent fiscal year. ® Identify the accounting systems to be documented and evaluated. • Assess control risk. • Perform tests of controls. • Finalize audit approach. • Conduct planning meetings with Finance staff and establish the overall schedule. • SAS 99 Inquiries of selected City of Owasso personnel. ® Discuss client assistance with Finance staff. ® Finalize time budget, staff plan, and work schedules. N Phase Two — Audit Testing The testing phase of the audit encompasses both tests of controls and substantive test. ® Tests of Controls — Test compliance with established control procedures by ascertaining that the significant strengths within each system are functioning as described. Particular attention is placed on controls over the processing of information related to the major areas of audit concern. Also test for compliance with applicable laws, regulations and governmental policies. ® Substantive Tests — These tests are designed to provide reasonable assurance as to the validity of the information produced by the accounting system that appears on the financial statements. The extent of our detailed substantive work will be governed by the results of our tests of controls, and will include confirmation procedures, inspection procedures, and other traditional substantive tests. ® Status Meetings ® Schedule and conduct weekly status meetings with Finance staff. �� Il'.: G i !, ' s• i 1 ' � j` mid i The completion phase includes overall review and evaluation of audit results. This consists primarily of- 0 Review for contingencies. ® Review for subsequent events. ® Evaluate overall audit results. ® Evaluate overall reasonableness of financial statements (analytical procedures). 0 Review initial drafts of the CAFR and Management's Discussion and Analysis. ® Schedule and conduct exit meetings with City of Owasso personnel ® Issue audit reports on the financial statements and required reports pursuant to Government Auditing Standards and OMB Circular A-133 0 Issue Required Communications letter and other reports, as applicable. 0 Issue compilation report on State Auditor and Inspector form 2643 10 a-� Level of staff and number of hours to be assigned to each proposed segment of the engagement. 1. CAFR Financial Audit Staff: 1 Supervisor, 1-2 Associates Timing: May to November Hours: 325 2. Single Audit in Accordance with ONM Circular A-133 Staff: 1 Senior Manager, 1 Associate Timing: May to November Hours: 50, if required NOTE — the Single Audit in accordance with OMB Circular A-133 is only required if Feeral expenditures exceed $500,000. Statistical sampling will be used primarily in Federal program testing, if required, other tests of controls and compliance, and in certain substantive tests, such as Fixed Asset testing or payroll testing. The sample sizes will vary based upon the assessment of inherent and control risk in each area selected for testing, and the planned degree of reliance if the sample is a test of controls. A typical sample size is 23 items. Analytical procedures will be used throughout the entire engagement. ® Preliminary analytical procedures will be performed to help us obtain an understanding of City of Owasso and design our overall audit tests. ® Detailed analytical procedures will be used in most cases to corroborate other audit evidence, but in some cases can also serve as our primary audit procedure. We believe that it may be possible to perform some of the detailed analytical procedures during interim audit procedures, by using the City of Owasso's subsequent year budget. We noted that the budget is prepared in June of each year, and that there are comparative columns for (1) prior year actual, (2) current year actual m projected, and (3) proposed budget. We could perform a significant amount of our testing in interim, and then at year-end, compare the current year actual — estimated to the final current year actual. This could level out the overall work load. Final analytical procedures will be used to evaluate the overall reasonableness of the financial statements and our audit results. 11 Type and extent of analytical procedures to be used in the engagement, continued: When we perform analytical procedures, we benchmark those against established expectations. For example, if we know that there was an across the board pay increase of 4% and the number of Full Time Equivalent (FTE) employees increased by approximately 5%, then our expectations would be that salaries expense increased by a certain amount and percentage. We would compare salaries and wages expense to the prior year and to the budget, both in total and on a FTE basis, to determine if the fluctuation was within our expectations. r control The engagement will begin by acquiring the necessary understanding of the environment in which the City operates. This will involve reading City of Owasso policy and procedure manuals, interviews with Management and staff personnel, completion of questionnaires and checklists, and system walkthroughs. Our analysis will include the major transaction cycles, such as cash receipts, purchasing and cash disbursements, payroll, and others. Approach to be taken in determining laws and regulations that will be subject to audit test mark. Both generally accepted auditing standards and Government .Auditing Standards require that the auditor test compliance with laws and regulations that could have a material effect on the financial statements of the entity as a whole and/or on the individual major Federal financial assistance programs. The most critical step in the compliance audit is the development of an audit plan, which will accomplish the audit objectives for compliance with laws and regulations. Planning is normally the most overlooked aspect of the compliance audit. From identifying the basis strategy for the compliance audit to reporting the results of the compliance audit, the auditor is challenged to design an audit that addresses the applicable requirements and allows the auditor to report in accordance with standards. Generally, we will be able to identify the laws and regulations that must be tested by: ® Inquiry of management personnel knowledgeable of the pertinent laws and regulations. Review of agreements or other grant documents. Review of the Single .Audit Compliance Supplement. ® Review of most recent state legislative changes. ® Review of City ordinances for matters affecting finances. 12 Sampling will be necessary when performing compliance tests of the various Federal programs of the government. Because a significant element of compliance auditing is the testing of transactions for the specific allowability or eligibility of the transaction, sampling will be the most efficient approach. In most cases, the government's control procedures to assure compliance will be tested simultaneously with financial transactions to meet the requirements of the Single Audit Act for testing controls. The testing of control procedures in conjunction with compliance tests dictates that the sample size should be related to the test of controls sampling plan. We will utilize a method of "probability proportional to size" method in drawing the specific samples. Section VI of the Request for Proposal requests that sample formats for the required reports to be presented. Based upon our discussions with the City of Owasso's City Accountant, it was determined that sample report formats were not required, as we plan to format the issued reports in the same manner as prior year reports that have been issued. We will follow the reporting requirements of professional standards and as specified in the Section II,C of the Request for Proposal. 13 E Cole & Reed and its predecessors have been part of the accounting profession in Oklahoma for over fifty years. The Firm first began operations in the early 1950's, and was known as Billups, Arun & Co. Mergers, partner retirements, and reorganizations over the years gave rise to the current name on January 1, 1988, when Jimmie L. Cole and Jerry A. Reed assumed ownership of the practice. The Firm has since grown to eight partners and over fifty-five (55) professionals and client service personnel. The executives and staff of our Firm have many years of experience serving clients with the kind of service they deserve — quality service at reasonable fees. Cole & Reed provides auditing, tax and consulting services to clients in virtually all areas of business. Unlike many locally owned accounting firms, which concentrate on tax services, over 60% of our practice consists of accounting and auditing services. In addition, a significant portion of our client base consists of clients that have been served by our Firm for forty years or more. In relation to our large audit and tax base, we engage in a substantial amount of information technology audits and consulting. This area of our practice includes service auditor reports and IT reviews for many clients in financial services and other industries. Our management consulting practice includes designing and improving accounting systems for a wide variety of clients, as well as consulting with senior management to evaluate and suggest alternative business plans. We also consult and assist in the implementation of software packages for clients who are upgrading their accounting or management information systems. Our practice is established and strong and we intend to maintain our high level of client service while growing and providing exciting new opportunities for our staff and our clients. E. 14 As evidenced by obtaining the GFOA's Certificate of Achievement of Excellence in Financial Reporting, and the GFOA's Distinguished Budget Presentation Award, it is obvious that the City of Owasso takes tremendous pride in the quality of the work and reports that it produces. We share that same philosophy. At Cole & Reed, we believe it is our responsibility to maintain the highest levels of professional competence in the performance of our engagements and our client relationships. To ensure we maintain this level of competence and client service, we continually measure ourselves using the highest professional standards and align ourselves with the most qualified firms. Cole & Reed is a member of the RSM McGladrey Network, which is the premier affiliation of independent accounting and consulting firms in the nation. At the heart of the RSMMcGladrey Network is .RSMMcGladrey, Inc. RSMMcGladrey, Inc., working with McGladrey & Pullen, LLP, serves clients from over 100 offices nationwide. Working together, these two organizations are the fifth largest provider of accounting, tax, and consulting services in the United States of America. Internationally, this affiliation includes over 600 offices in more than 70 countries. As part of our membership in the RSM McGladrey Network, we have access to all of the resources of M McGladrey, Inc. and McGladrey & Pullen, LLP. These resources include (a) a national firm infrastructure that develops and maintains our audit, tax, and consulting data bases, (b) high level technical support including specialists in the national audit, tax, and consulting offices who are available to address and answer technical questions, (c) international services and resources for our clients' global business issues, (d) tax solutions, which include alternative tax strategies for clients to handle unique tax situations, and (e) other services as situations arise, which can be as basic as providing qualified professionals for inventory observations at off -site locations or as complex as information technology reviews and recommendations. The RSMMcGladrey Network is an advantage that no other local firm in our area can offer. We became a member of the RSM McGladrey Network for one reason — to offer our clients a limitless scope of resources to grow their businesses on a local, national, and international scale. In most cases, our RSM McGladrey affiliation will allow us to meet demands that financial services be performed by a "nationally recognized accounting firm." 15 M El The selection of an independent auditor requires careful consideration of management and technical skills available to provide the services. Identification of the required technical skills and selection of professional personnel. qualified in those skills are the key requisites for the success of any audit engagement. We believe that the quality of services performed by a professional firm such as ours is also dependent on the individual qualifications and capabilities that can be brought to the engagement. Cole & Reed will provide quality and timely services by individuals who are highly qualified, familiar with your industry and who genuinely devote themselves to establishing close professional relationships. Cole & Reed believes that every client, regardless of its size, is clearly entitled to expect the following: ® Frequent contact with, and ready access to, the client service executive throughout the year, not just when audit activities make it necessary. ® Timely service from fully qualified staff members. Their concern for your operating efficiency is as great as their concern for compliance with governing standards and. regulations. ® Ready access to specialized resources elsewhere in the Firm, when necessary, to provide clients with any out-of--the-ordinary service that may be required. ® Prompt response to those complex questions that have been referenced elsewhere within the Firm. We believe no other accounting firm can equal our proven ability to provide quality service on a timely basis. In today's tough, competitive environment, our Firm continues to strive for a non -technical identity that is clearly its own. Being viewed by clients as merely "the people who complete the audit" is nothing short of financial brinkmanship for any accounting firm. That is why our shareholders maintain close and continuous contact with their clients and why they keep up-to-date in their knowledge of client's activities and the economic and regulatory environments in which they operate. Our name should ultimately be recognized as a synonym for SERVICE, for it is our concept for SERVICE, after all, that most clearly distinguishes our Firm from any of our peers. Cole & Reed is committed to providing superb services. One hnportant aspect of that service is ensuring continuity of personnel from one year to the next. Generally, all members of the engagement management team will continue their assignment throughout our tenure. While staff members must continue their personal development and advancement through our ranks, we will plan ahead for orderly, yearly transition in order to minimize disruption. 16 3 1 _y In addition to our governmental practice, we have a. diverse client base. Many of the companies listed below are leaders in their respective industries, and have been clients of the Firm for many years. We are providing you this information just so that you have a better understanding of our firm, and know that we will not only be bringing a significant amount of governmental accounting and auditing experience to the engagement, but a wide breadth and depth of experience that will help to increase the quality of our services to you. Amarillo Area Foundation Avalon Correctional Services B&H Supply Company Bob Moore Companies CASS Polymers, Inc. Clements Food Company CMP Corporation Covercraft Industries, Inc. Decorative Arts Dolese Bros. Co. First National Bank — Midwest City Gemini Industries, Inc. Griffin Food Company Griffin Television KWTV 9 and KOTV 6 JASCO Products Locke Supply Penn Industries, Inc. Southern Nazarene University Oklahoma City University T.J. Campbell Construction FA Precision Parts Public Supply Company Taylor Valve Technology Oklahoma City Community Foundation Oklahoma State University Foundation Tulsa Community College Northeastern Oklahoma A&M College E 17 PROPOSER GUARANTEES The proposer certifies it can and will provide and make available, as a minimum, all services set forth in Section II, Nature of Services Required. Signature of Official: V V Name (typed): Michael J. Gibson Title: Partner Firm: Cole & Reed P.C. Date: March 30 2006 PROPOSER WARRANTIES A. Proposer warrants that it will not delegate or subcontract its responsibilities under an agreement without the prior written permission of the City of Owasso. B. Proposer warrants that all info ation provided by it in connection with this proposal is true and accurate. Signature of Official: - Name (typed): Michael J. Gibson Title: Firm: Cole & Reed P.C. Date: March 30 2006 BIDDER'S / NONCOLLUSION AFFIDAVIT State of Oklahoma County of Oklahoma I, Michael J. Gibson of lawful age being duly sworn upon his oath, deposes and says: that he executed the accompanying bid on behalf of the bidder therein named, and that he had lawful authority to do so, and said bidder has not directly or indirectly entered into any agreement expressed or implied with any bidder or bidders having for its object the controlling of the price or amount of such bid or any bids; the limiting of the bids or bidders, the parceling or fanning out to any bidder or bidders or other persons, or any part of the contract or any part of the subject matter or divulge the sealed bid to any person whatever, except those having a partnership or other financial interest with him in said bid or bids until after the bids are opened. The undersigned says that this contract is true and correct. Affiant further states that the services will be completed in accordance with the plans, specification, orders or request furnished the affiant. Affiant further states that (s)he has made no payment directly or indirectly to any elected official, office or employee of the State of Oklahoma, any county or local subdivision of the state, of money or any other thing of value to obtain or procure the contract or purchase order. Signature of Bidder Subscribed and sworn to before one this 30'h day of _ March 2006. Notar ublic „ PAN 1z # 05007591 z. My Commission Expires -1 a ,',EXP. OII 97/09- A December 2, 2004 To the Shareholders Cole & Reed, P.C. and the Center for Public Company Audit Finns Peer Review Committee We have reviewed the system of quality control for the accounting and auditing practice of Cole & Reed, P.C. (the firm) applicable to non -SEC issuers in effect for the year ended June 30, 2004. The firn-i's accounting and auditing practice applicable to SEC issuers was not reviewed by us since the Public Company Accounting Oversight Board (PCAOB) is responsible for inspecting that portion of the firm's accounting and auditing practice in accordance with PCAOB requirements. A system of quality control encompasses the firm's organizational structure and the policies adopted and procedures established to provide it with reasonable assurance of complying with professional standards. The elements of quality control are described in the Statements on Quality Control Standards issued by the Arnerican.1n.stitute of Certified Public Accountants (the AICPA). The design of the system, and compliance with it, are the responsibilities of the firm. Our responsibility is to express an opinion on the design of the system, and the firm's compliance with that system based on our review. Our review was conducted in accordance with standards established by the Peer Review Committee of the Center for Public Company Audit Firms and included procedures to plan and perform the review that are summarized in the attached description of the peer review process. Our review would not necessarily disclose all weaknesses in the system of quality control or all instances of lack of compliance with it since it was based on selective tests. Because there are inherent limitations in the effectiveness of any system of quality control, departures from the system may occur and not be detected. Also, projection of any evaluation of a system of quality control to future periods is subject to the risk that the system of quality control may become madequate because of changes in conditions, or that the degree of compliance with the policies or procedures may deteriorate. In our opinion, the system of quality control for the accounting and auditing practice applicable to the non -SEC issuers of Cole & Reed, P.C. in effect for the year ended June 30, 2004, has been designed to meet the requirements of the quality control standards for an accounting and auditing practice established by the AICPA, and was complied with during 'the year then ended to provide the firm with reasonable assurance of complying with applicable professional standards. Brady, Martz & 7Associates, C. P3 RAI" I' MAI,'t-1 7 & ASSOCIATES, I lk"- i() I Dfrmwrs Avei-vuc SLI'lue 300 P.O. -It)>, 1 129f, k-d-, _):_rM Attachment to the Peer Review Report of Cole & Reed, P.C. Description of the Peer Review Process Firms enrolled in the AICPA Center for Public Company Audit Firms (the Center) Peer Review Program have their system of quality control periodically reviewed by independent peers. These reviews are system and compliance oriented with the objectives of evaluating whether: The reviewed firm's system of quality control for its accounting and auditing practice applicable to non -SEC issuers has been designed to meet the requirements of the Quality Control Standards established by the AICPA. The reviewed firm's quality control policies and procedures applicable to non -SEC issuers were being complied with to provide the firm with reasonable assurance Of complying with professional standards. A peer review is based on selective tests and directed at assessing whether the design of and compliance with the fim-i's system of quality control for its accounting and auditing practice applicable to non -SEC issuers provides the firm with reasonable, not absolute, assurance of complying with professional standards. Consequently a peer review on the firm's system of quality control is not intended to, and does not, provide assurance with respect to any individual engagement conducted by the firm or that none of the financial statements audited by the firm should be restated. The Center's Peer Review Committee (PRC) establishes and maintains peer review standards. At regular meetings and through report evaluation task forces, the PRC considers each peer review, evaluates the reviewer's competence and performance, and examines every report, letter of comments, and accompanying response from the reviewed firm that states its corrective action plan before the peer review is finalized. The Center's staff plays a key role in overseeing the performance of peer reviews working closely with the peer review teams and the PRC. Once the PRC accepts the peer review reports, letters of comments, and reviewed firms' responses, these documents are maintained in a file available to the public. In some situations, the public file also includes a signed undertaking by the firm agreeing to specific follow-up action requested by the PRC. Firms that perform audits or play a substantial role in the audit of one or more SEC issuers, as defined by the Public Company Accounting Oversight Board (PCAOB), are required to be registered with and have their accounting and auditing practice applicable to SEC issuers inspected by the PCAOB. Therefore, we did not review the firm's accounting and auditing practice applicable to SEC issuers. Planning the Review for the Firm's Accounting and Auditing Practice Applicable to Non -SEC Issuers To plan the review of Cole & Reed, P.C., we obtained an understanding of (1) the nature and extent of the firm's accounting and auditing practice, and (2) the design of the finn's system of quality control sufficient to assess the inherent and control risks implicit in its practice. Inherent risks were assessed by obtaining an understanding of the firm's practice, such as the industries of its clients and other factors of complexity in serving those clients, and the organization of the firm's personnel into practice units. Control risks were assessed by obtaining an understanding of the design of the firm's system of quality control, including its audit methodology, and monitoring procedures. Assessing control risk is the process of evaluating the effectiveness of the reviewed firm's system of quality control in preventing the perfon-nance of engagements that do not comply with professional standards. Performing the Review,, for the Firm's Accounting and Auditing Practice Applicable to Non -SEC Issuers Based on our assessment of the combined level of inherent and control risks, we identified practice units and selected engagements within those units to test for compliance with the firm's system of quality control. The engagements selected for review included engagements performed under the Government Auditing Standards, and audits of Employee Benefit Plans. The engagements selected for review represented a cross-section of the firm's accounting and auditing practice with emphasis on higher -risk engagements. The engagement reviews included examining working paper files and reports and C, L� interviewing engagement persoimel. The scope of the peer review also included examining selected administrative and personnel files to determine compliance with the firm's policies and procedures for the elements of quality control pertaining to independence, integrity, and objectivity; personnel management; and acceptance and continuance of clients and engagements. Prior to concluding the review, we reassessed the adequacy of scope and conducted a meeting with firm management to discuss our findings and recommendations. Cole & Reed, Px, Cole & Reed, P C. All rights reserved An Independently Owned Mernber of RSM McGladrey Network 531 Couch Drive Suite 200 Oklahoma City. OK 73102 Telephone 405-239-7961 Facsimile 405-235-0042 Website 'www,coleandreed.com Total All -Inclusive Maximum Price for Current and Next Four Fiscal Years Total All -Inclusive Professional Out -of -Pocket Maximum Fees Expenses Price Current Fiscal Year June 30, 2005 - 2006 $ 27,700 $ 3,500 $ 31,200 Subsequent Fiscal Years June 30, 2006 - 2007 $ 29,100 $ 3,500 $ 32,600 June 30, 2007 - 2008 $ 30,600 $ 3,500 $ 34,100 June 30, 2008 - 2009 $ 32,100 $ 3,500 $ 35,600 June 30, 2009 - 2010 $ 33,700 $ 3,500 $ 37,200 NOTE: The All -Inclusive Maximum Price quoted above assumes that no Single Audit in accordance with OMB Circular A-133 is required, because total Federal expenditures are less than $500,000, as they were in Fiscal Year 2005. Adjustments to the All -Inclusive Maximum Price would be necessary if additional Federal awards programs are granted to the City of Owasso. Such adjustments would be discussed with City of Owasso officials prior to beginning any work.