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HomeMy WebLinkAbout2010.09.07_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: September 7, 2010 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 at 6;00 p.m. on Friday, September 03, 2010. ~ Jgi'ann M. Stevens, Depufy City Clerk AGENDA 1. Call to Order Mayor Doug Bonebrake 2. Invocation Pastor David Graham, Eastside Baptist Church 3. Flag Salute 4. Roll Call 5. Reading of the Mayor's Proclamation. Mayor Bonebrake will read a proclamation declaring the week of September 17-23, 2010 to be Constitution Week in the City of Owasso. 6. Presentation of the Character Trait of Security. Brenda Snow, Owasso Character Council Member 7. Consideration and appropriate action relating to a request for City 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 August 17, 2010 Regular Meeting. Attachment # 7-A B, Approval of Claims. Attachment # 7-B 8. Consideration and appropriate action relating to items removed from the Consent Agenda. 9. Consideration and appropriate action relating to a request for City Council to award the bid for the FY 2010 Street Rehabilitation Project and authorization for the Mayor to execute the agreement. Mr. Feary Attachment # 9 Staff recommends City Council award the bid for the FY 2010 Street Rehabilitation Project to Tri-Star Construction, LLC in the amount of $250,610, and authorize the Mayor to execute the agreement. 10. Consideration and appropriate action relating to a request for City Council approval of the Vision 2025 Capital Improvement Agreement between the Board of County Commissioners of Tulsa County and the City of Owasso; and authorization for the Mayor to execute the agreement. Mr. Stevens Attachment # 10 Staff recommends City Council approval of the Vision 2025 Capital Improvement Agreement and authorization for the Mayor to execute the agreement. 11. Consideration and appropriate action relating to a request for City Council to award the bid for the purchase of a hydraulic rescue tool set, and authorization for payment. Mr. Clark Attachment # 11 Staff recommends City Council award the bid for the purchase of a TNT hydraulic rescue tool set to Okie Extrication, and authorize payment in the amount of $26,020. 12. Consideration and appropriate action relating to a request for City Council approval of the renewal agreement between Youth Services, Incorporated and the City of Owasso; and authorization for the City Manager to execute the contract. Ms. Lombardi Attachment # 12 Staff recommends City Council approval of the renewal agreement between Youth Services, Incorporated and the City of Owasso, for the purpose of providing Youth Court services from October 1, 2010 through September 30, 2011; and authorization for 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. OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, August 17, 2010 The Owasso City Council met in regular session on Tuesday, August 17, 2010 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 6:00 p.m. on Friday, August 13, 2010. ITEM 1. CALL TO ORDER Mayor Bonebrake called the meeting to order at 6:30 p.m. ITEM 2. INVOCATION The invocation was offered by Pastor Chuck Self of First Baptist Church of Owasso. ITEM 3. FLAG SALUTE Councilor Guevara led the flag salute. ITEM 4. ROLL CALL PRESENT Doug Bonebrake, Mayor Jon Sinex, Vice Mayor Steve Cataudella, Councilor Wayne Guevara, Councilor Bryan Stovall, Councilor A quorum was declared present. STAFF Rodney Ray, City Manager Julie Lombardi, City Attorney ABSENT None ITEM 5. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the August 3, 2010 Regular Meeting and August 10, 2010 Special Meeting. B. Approval of Claims. C. Acknowledgement of receiving the monthly FY 2009-10 budget status report. D. Authorization to file the Estimate of Needs for FY 2011 with Tulsa County. Owasso City Council August 17, 2010 Mr. Guevara moved, seconded by Mr. Stovall, to approve the Consent Agenda with claims totaling $216,098.93. Also included for review were the healthcare self-insurance claims report and payroll payment report for pay period 07/31/10. YEA: Cataudella, Stovall, Sinex, Guevara, Bonebrake NAY: None Motion carried 5-0. ITEM 6. CONSIDERATION AND APPROPRIATE ACTION RELATING TO ITEMS REMOVED FROM THE CONSENT AGENDA No action was required on this item. ITEM 7. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR AN EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING CONFIDENTIAL COMMUNICATIONS BETWEEN THE CITY OF OWASSO AND ITS ATTORNEY, RELATING TO LITIGATION STYLED, RURAL WATER DISTRICT #3 VS. CITY OF OWASSO; SUCH EXECUTIVE SESSION PROVIDED FOR IN O.S. 25, SECTION 307(B)(4) Mr. Cataudella moved, seconded by Mr. Sinex, to enter into executive session. YEA: Sinex, Stovall, Cataudella, Guevara, Bonebrake. NAY: None Motion carried 5-0. The Council entered into executive session at 6:33 p.m. The returned at 7:40 p.m. ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL TO AWARD THE BID FOR MISCELLANEOUS VEHICLE LOOP DETECTION SYSTEM IMPROVEMENTS, AND AUTHORIZATION FOR THE MAYOR TO EXECUTE THE AGREEMENT Mr. Doyle presented the item, recommending City Council award the bid for Miscellaneous Vehicle Loop Detection System Improvements to Traffic Signals, Incorporated of Edmond, Oklahoma in the amount of $35,212.75; and authorization for the Mayor to execute the agreement. Mr. Cataudella moved, seconded by Mr. Guevara, to award the bid for Miscellaneous Vehicle Loop Detection System Improvements and authorize the Mayor to execute the agreement, as recommended. YEA: Guevara, Stovall, Sinex, Cataudella, Bonebrake NAY: None 2 Owasso City Council Motion carried 5-0. August 17, 2010 ITEM 9. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF AN AGREEMENT ENTITLED "MISCELLANEOUS STORMWATER AND EROSION CONTROL ENGINEERING PROJECTS Mr. Albert presented the item, recommending City Council approval of the agreement with Meshek & Associates, P.L.C. in an amount not to exceed $55,000. Mr. Cataudella moved, seconded by Mr. Guevara, to approve the agreement, as recommended. YEA: Guevara, Cataudella, Sinex, Stovall, Bonebrake NAY: None Motion carried 5-0. ITEM 10. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF THE TULSA TECHNOLOGY CENTER (TTC) FINAL PLAT Ms. Darnaby presented the item, recommending City Council approval of the TTC Final Plat. Mr. Cataudella moved, seconded by Mr. Stovall, to approve the TTC Final Plat, as recommended. YEA: Sinex, Stovall, Guevara, Cataudella, Bonebrake NAY: None Motion carried 5-0. ITEM 11. REPORT FROM CITY MANAGER Mr. Ray provided information on City staff's efforts to provide enhanced signalization at the railroad crossings at 106th Street and Mingo Road. Mr. Doyle presented images of the existing conditions at both crossings, as well as images of proposed changes to both crossings. Mr. Ray commended Mr. Doyle and other Public Works staff for their efforts in searching for a way to increase safety at these railroad crossings in a cost-effective manner. Mr. Ray expressed his appreciation to Public Service Company of Oklahoma (PSO) for their selection of Owasso as the pilot city for their new gridSmart technology. ITEM 12. REPORT FROM CITY ATTORNEY No report. ITEM 13. REPORT FROM CITY COUNCILORS Mr. Bonebrake expressed his appreciation to PSO for their selection of Owasso as the pilot city for their new gridSmart technology. 3 Owasso City Council ITEM 14. NEW BUSINESS None. ITEM 15. ADJOURNMENT Mr. Guevara moved, seconded by Mr. Stovall, to adjourn the meeting. YEA: Sinex, Guevara, Stovall, Cataudella, Bonebrake NAY: None Motion carried 5-0 and the meeting was adjourned at 8:06 p.m. August 17, 2010 Doug Bonebrake, Mayor Kian Kamas, Minute Clerk 4 Claims List 09/7/2010 Budget Unit Title Vendor Name Payable Description Payment Amouni GENERAL TREASURER PETTY CASH EVIDENCE/BERBEE #20102253 82.00 TOTAL GENERAL 82.00 MUNICIPAL COURT YOUTH SERVICES OF TULSA YOUTH COURT 3,750.00 CHARLES N. ROMANS BAILIFF SERVICES 350.00 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 0.85 TOTAL MUNICIPAL COURT 4,100.85 MANAGERIAL JPMORGAN CHASE BANK EMPLOYEE APPRECIATION 2.58 JPMORGAN CHASE BANK MEETING EXPENSE 96.50 JPMORGAN CHASE BANK WILLOW CREEK-BOOKS 204.00 JPMORGAN CHASE BANK LEADERSHIP SUMMIT 24.05 JPMORGAN CHASE BANK COUNCIL RELATIONS 48.83 JPMORGAN CHASE BANK MEETING EXPENSE 9.29 JPMORGAN CHASE BANK MEETING EXPENSE 23.94 JPMORGAN CHASE BANK REASORS-DRY ICE 43.36 OWASSO CHAMBER OF COMMERCE LEGISLATIVE FEE 30.00 BAILEY EDUCATION FOUNDATION MTG EXPENSES - CITY MANAG 180.00 TULSA METRO CHAMBER OF COMMERCE LEGISLATIVE FEE 30.00 TREASURER PETTY CASH EMPLOYEE APPRECIATION 127.20 JPMORGAN CHASE BANK MEETING EXPENSE 26.05 JPMORGAN CHASE BANK EMPLOYEE APPRECIATION 25.00 JPMORGAN CHASE BANK AMAZON-BOOKS 43.74 JPMORGAN CHASE BANK EMPLOYEE APPRECIATION 99.26 JPMORGAN CHASE BANK MEETING EXPENSE 30.76 JPMORGAN CHASE BANK EMPLOYEE RECOGNITION 30.00 JPMORGAN CHASE BANK CHARACTER INITIATIVE 80.30 TOTAL MANAGERIAL 1,154.86 FINANCE JPMORGAN CHASE BANK LORMAN EDUC-ARRA REPRTING 199.00 JPMORGAN CHASE BANK IOMA-1099 WEBINAR 275.00 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 27.36 TOTAL FINANCE 501.36 HUMAN RESOURCES JPMORGAN CHASE BANK NEIGHBOR NEWS-ADVERTISING 58.10 SILVERTREE TECHNOLOGY, LLC MEDICARE REPORTING PROGRA 1,000.00 URGENT CARE OF GREEN COUNTRY, P.L.L PRE-EMPLOYMENT TESTING 50.00 URGENT CARE OF GREEN COUNTRY, P.L.L RANDOM TESTING 220.00 MCAFEE & TAFT LEGAL FEES 189.00 URGENT CARE OF GREEN COUNTRY, P.L.L PRE-EMPLOYMENT TESTING 100.00 AMERICANCHECKED, INC ATTN: BILLING PRE-EMPLOYMENT BACKGROUND 111.10 JPMORGAN CHASE BANK CHARACTER BULLETINS 422.05 URGENT CARE OF GREEN COUNTRY, P.L.L RANDOM TESTING 250.00 TREASURER PETTY CASH MEETING EXPENSE 11.56 Page 1 Claims List 09/7/2010 Budget Unit Title Vendor Name Payable Description Payment Amouni TOTAL HUMAN RESOURCES 2,411.81 HR - CHARACTER INITIATIVE JPMORGAN CHASE BANK CHARACTER INITIATIVE 33.25 JPMORGAN CHASE BANK CHARACTER INITIATIVE 91.00 TOTAL HR - CHARACTER INITIATIVE 124.25 CHARACTER SCHOOLS JPMORGAN CHASE BANK CHARACTER INITIATIVE 2,052.16 INTEGRITY FOCUS CHARLES R COKER CHARACTER INITIATIVE 1,215.00 JPMORGAN CHASE BANK CHARACTER INITIATIVE 1,830.69 JPMORGAN CHASE BANK CHARACTER INITIATIVE 2,003.55 JPMORGAN CHASE BANK CHARACTER INITIATIVE 1,818.52 TOTAL CHARACTER SCHOOLS 8,919.92 GENERAL GOVERNMENT VMH CORPORATION LEADERSHIP DEVELOPMENT 1,000.00 AT&T CONSOLIDATED PHONE BILL 720.47 INDIAN NATIONS COUNCIL OF GOVERNMEN RGL TRANSIT SYSTEM PLAN 6,092.00 INDIAN NATIONS COUNCIL OF GOVERNMEN ANNUAL PARKING FEE 900.00 GLOBAL COMPLIANCE SERVICES, INC SILENT WHISTLE 12 MONTHS 1,500.00 CHARNEY, BUSS, & WILLIAMS, P.C. RON DETHEROW VS. CITY 493.75 XEROX CORPORATION COPIER SERVICE & SUPPLIES 399.27 IKON OFFICE SOLUTIONS, INC COPIER SERVICE & SUPPLIES 327.94 GRAND GATEWAY ECO. DEV. ASSC. PELIVAN TRANSIT SERVICES 4,939.30 COMMUNITY PUBLISHERS INC PUBLICATIONS 97.20 COMMUNITY PUBLISHERS INC PUBLICATIONS 54.00 COMMUNITY PUBLISHERS INC PUBLICATIONS 135.00 AT&T LONG DISTANCE LONG DISTANCE PHONE BILL 41.51 SAV-ON PRINTING & SIGNS LLC LETTERHEAD ENVELOPES 175.00 CINTAS CORPORATION CARPET/ MAT CLEANING 30.45 UNITED STATES CELLULAR CORPORATION CELL PHONE SERVICE 9.61 AEP/PSO ELECTRIC USE 5,081.17 MAILROOM FINANCE INC POSTAGE 1,000.00 TOTAL GENERAL GOVERNMENT 22,996.67 COMMUNITY DEVELOPMENT JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 26.99 SPRINT SPRINT CARDS 80.86 JPMORGAN CHASE BANK TARGET-STRENGTH BOOK 17.43 JPMORGAN CHASE BANK APA-AICP EXAM 485.00 TULSA COUNTY MIS LAND RECORDS 30.00 COMMUNITY PUBLISHERS INC LEGAL AD FOR TTC REZONING 145.60 TOTAL COMMUNITY DEVELOPMENT 785.88 ENGINEERING UNIFIRST HOLDINGS LP UNIFORM SERVICES 13.20 I SAV-ON PRINTING & SIGNS LLC BUSINESS CARDS 100.00 Page 2 Claims List 09/7/2010 Budget Unit Title Vendor Name Payable Description Payment Amouni ENGINEERING... JPMORGAN CHASE BANK RIDGWAYS-CARTRIDGE 189.00 JPMORGAN CHASE BANK RIDGWAYS-DELIVERY FEE 16.05 JPMORGAN CHASE BANK RIDGWAYS-CARTRIDGE 113.05 UNITED STATES CELLULAR CORPORATION CELL PHONE SERVICE 56.43 UNIFIRST HOLDINGS LP UNIFORM SERVICES 13.20 UNIFIRST HOLDINGS LP UNIFORM SERVICES 13.20 JPMORGAN CHASE BANK JAMAR-TRAFFIC COUNTERS 2,042.00 JPMORGAN CHASE BANK OFFICE DEPOT-CREDIT -12.99 SPRINT SPRINT CARDS 80.85 JPMORGAN CHASE BANK OFFICE DEPOT-NAMEPLATES 25.98 JPMORGAN CHASE BANK UPS STORE-SHIPPING 35.38 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 29.36 RIDGWAY'S LTD RANCH CREEK DRAWINGS 26.13 JPMORGAN CHASE BANK DLT-SUPPORT RENEWAL 4,726.45 TOTAL ENGINEERING 7,467.29 INFORMATION TECHNOLOGY AMERICAN ELECTRIC POWER FIBER POLE ATTACHMENTS 323.28 JPMORGAN CHASE BANK TRAVEL EXPENSE 12.29 JPMORGAN CHASE BANK HOSTICA-WEB DOMAIN 7.91 JPMORGAN CHASE BANK COX-INTERNET 1,550.00 SPRINT SPRINT CARDS 80.86 JPMORGAN CHASE BANK TE M PLATE HE LP-TEMPLATES 40.00 USA MOBILITY WIRELESS, INC PAGER USE 8.70 JPMORGAN CHASE BANK WALMART-PHONE SPUTTERS 14.92 JPMORGAN CHASE BANK DELL-BARRACUDA WEB FILTER 991.85 TOTAL INFORMATION TECHNOLOGY 3,029.81 SUPPORT SERVICES OKLAHOMA DEPT OF CORRECTIONS TULSA DOC WORKER FEES - JULY'10 59.60 AT&T LONG DISTANCE LONG DISTANCE PHONE BILL 1.50 JPMORGAN CHASE BANK HOBBY LOBBY-FRAMES 8.00 JPMORGAN CHASE BANK DARR EQUIP-LIFT REPAIR 83.33 JPMORGAN CHASE BANK ROBERTSON-PARTS 27.40 AT&T CONSOLIDATED PHONE BILL 57.74 SPRINT SPRINT CARDS 120.85 JPMORGAN CHASE BANK OFFICE DEPOT-LABELS 9.79 JPMORGAN CHASE BANK KIMBALL MIDWEST-SUPPLIES 26.91 JPMORGAN CHASE BANK LOWES-PLUMBING PARTS 2.74 JPMORGAN CHASE BANK LOWES-SUPPLIES 23.97 JPMORGAN CHASE BANK LOWES-BUG SPRAY 8.44 JPMORGAN CHASE BANK LOWES-PAINT 22.47 JPMORGAN CHASE BANK LOWES-SUPPLIES 14.42 JPMORGAN CHASE BANK LOWES-SUPPLIES 2.74 TOTAL SUPPORT SERVICES 469.90 Page 3 Claims List 09/7/2010 Budget Unit Title Vendor Name Payable Description Payment Amouni CEMETERY AEP/PSO ELECTRIC USE 35.07 JPMORGAN CHASE BANK P & K EQUIPMENT-PARTS 122.49 JPMORGAN CHASE BANK LOWES-LIGHT 24.87 TOTAL CEMETERY 182.43 POLICE SERVICES JPMORGAN CHASE BANK TRAINING EXPENSE 14.74 JPMORGAN CHASE BANK BARNES/NOBLE-BOOK 19.88 USA MOBILITY WIRELESS, INC PAGER USE 78.30 JPMORGAN CHASE BANK OAKLEY-SUNGLASSES 89.80 JPMORGAN CHASE BANK PATROL TECH-NAME BAR 9.50 JPMORGAN CHASE BANK PATROL TECH-DUTY PANTS 55.00 AT&T LONG DISTANCE LONG DISTANCE PHONE BILL 41.52 JPMORGAN CHASE BANK INTERSTATE-BATTERY 19.86 JPMORGAN CHASE BANK LOWES-WALKING WHEEL 29.98 JPMORGAN CHASE BANK RADIOSHACK-BATTERIES 9.98 JPMORGAN CHASE BANK BEST BUY-HARD DRIVE 92.23 JPMORGAN CHASE BANK WALMART-KEYS/BATTERIES 24.09 EMBLEM ENTERPRISES, INC UNIFORM PATCHES 366.00 SAV-ON PRINTING & SIGNS LLC BUSINESS CARDS 60.00 BOARD OF TESTS FOR ALCOHOL & DRUG GAS CANISTER REPLACEMENT 130.00 ACCURACY, INC DBA ULTRAMAX AMMUNITI AMMO 13,237.00 JPMORGAN CHASE BANK DHW-RESTRAINT CHAIR 1,450.00 TREASURER PETTY CASH NOTARY RENEWAL 20.00 AT&T CONSOLIDATED PHONE BILL 497.71 JPMORGAN CHASE BANK TRAINING EXPENSE 12.99 JPMORGAN CHASE BANK BEST BUY-PORTABLE HDD 89.99 JPMORGAN CHASE BANK SOFT SHOPS-SOFTWARE 59.95 JPMORGAN CHASE BANK OFFICE DEPOT-CANNED AIR 29.98 JPMORGAN CHASE BANK WATERSTONE-DRY CLEANING 1,186.10 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 214.58 JPMORGAN CHASE BANK PATROL TECH-BATTERY 19.00 JPMORGAN CHASE BANK TRAVEL EXPENSE 40.64 JPMORGAN CHASE BANK WALMART-MEMORY CARD 9.88 JPMORGAN CHASE BANK FITNESS ZONE-FIT PROGRAM 225.00 JPMORGAN CHASE BANK PIKEPASS-FEES 15.12 AEP/PSO ELECTRIC USE 3,033.66 JPMORGAN CHASE BANK OFFICE DEPOT-PRINTER INK 27.98 SPRINT SPRINT CARDS 480.75 JPMORGAN CHASE BANK WALMART-SUPPLIES 35.72 JPMORGAN CHASE BANK APERTURES-FILM DEVELOPMEN 10.49 LISA LONG TUITION REIMBURSEMENT 619.40 A N Z SIGNS & SHIRTS, INC LETTERING ON PRISONER VAN 2.00 RICH & CARTMILL NOTARY BOND FOR DET FUNK 30.00 JPMORGAN CHASE BANK WALMART-HARD DRIVE 119.00 Page 4 Claims List 09/7/2010 Budget Unit Title Vendor Name Payable Description Payment Amouni TOTAL POLICE SERVICES 22,507.82 POLICE - JUSTICE ASST GRA A N Z SIGNS & SHIRTS, INC LETTERING ON PRISONER VAN 498.00 JPMORGAN CHASE BANK FLEET DISTRIBUTORS-EQUIP 5,599.72 JPMORGAN CHASE BANK FLEET DISTRIBUTORS-CAGES 2,681.53 TOTAL POLICE - JUSTICE ASST GRA 8,779.25 POLICE COMMUNICATIONS WORKHEALTH SOLUTIONS, LLC TB TESTS AND VACCINES 399.00 DEPARTMENT OF PUBLIC SAFETY OLETS EQUIPMENT & DATAMAX 450.00 JPMORGAN CHASE BANK BEST BUY-HARD DRIVE RET -103.08 USA MOBILITY WIRELESS, INC PAGER USE 34.80 JPMORGAN CHASE BANK WALMART-PRISONER MEALS 108.02 JPMORGAN CHASE BANK WALMART-PRISONER MEALS 125.63 JPMORGAN CHASE BANK WALMART-PRISONER MEALS 108.18 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 102.58 AEP/PSO ELECTRIC USE 184.13 LAW ENFORCEMENT PSYCHOLOGICAL SERV MMPI 80.00 TOTAL POLICE COMMUNICATIONS 1,489.26 ANIMAL CONTROL AEP/PSO ELECTRIC USE 362.13 AT&T CONSOLIDATED PHONE BILL 44.77 JPMORGAN CHASE BANK SOUTHERN AGRI-FOOD 10.99 JPMORGAN CHASE BANK HORSE WAREHOUSE-SUPPLIES 290.59 JPMORGAN CHASE BANK OFFICE DEPOT-SIGN 36.88 JPMORGAN CHASE BANK OMB POLICE SUPPLY-APPAREL 96.99 JPMORGAN CHASE BANK LOWES-WEED/INSECT KILLER 56.70 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 33.16 JPMORGAN CHASE BANK ABAXIS-SUPPLIES 108.52 JPMORGAN CHASE BANK REASORS-DISTILLED WATER 5.79 JPMORGAN CHASE BANK MODUFLEX-OXYGEN HOSE 78.75 JPMORGAN CHASE BANK OMB POLICE SUPPLY-BOOTS 90.97 JPMORGAN CHASE BANK UNIFORMS PLUS-APPAREL 106.95 AT&T LONG DISTANCE LONG DISTANCE PHONE BILL 2.59 JPMORGAN CHASE BANK COPS PLUS-APPAREL 38.89 JPMORGAN CHASE BANK WALMART-SUPPLIES 232.42 JPMORGAN CHASE BANK KOHLS-APPAREL 120.37 JPMORGAN CHASE BANK MED VET-SUPPLIES 137.89 JPMORGAN CHASE BANK OMB POLICE SUPPLY-PART 15.99 ANNE K. KARN SPAY AND NEUTER 620.00 HILL'S PET NUTRITION SALES, INC SHELTER SUPPLIES 7.00 HILL'S PET NUTRITION SALES, INC SHELTER SUPPLIES 7.00 HILL'S PET NUTRITION SALES, INC SHELTER SUPPLIES 7.00 HILL'S PET NUTRITION SALES, INC SHELTER SUPPLIES 7.00 HILL'S PET NUTRITION SALES, INC SHELTER SUPPLIES 14.00 Page 5 Claims List 09/7/2010 Budget Unit Title Vendor Name F I Payable Description Payment Amouni ANIMAL CONTROL... HILL'S PET NUTRITION SALES, INC SHELTER SUPPLIES 14.00 TOTAL ANIMAL CONTROL 2,547.34 FIRE SERVICES JPMORGAN CHASE BANK OKLA POLICE-UNIFORM 48.85 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 49.62 JPMORGAN CHASE BANK FIRE PROTECTION-BOOKS 1,041.31 JPMORGAN CHASE BANK BMI IMAGENET-RENTAL 287.99 JPMORGAN CHASE BANK AMAZON-LEADERSHIP TRNING 81.80 JPMORGAN CHASE BANK WALMART-APPAREL 17.00 JPMORGAN CHASE BANK KOHLS-UNIFORM APPAREL 139.98 JPMORGAN CHASE BANK KOHLS-UNIFORM APPAREL 142.97 JPMORGAN CHASE BANK KOHLS-POTS/PANS 76.49 JPMORGAN CHASE BANK WAYEST SAFETY-BATTERIES 274.22 JPMORGAN CHASE BANK CONRAD FIRE-PARTS 54.78 JPMORGAN CHASE BANK HOBBY LOBBY-SUPPLIES 10.26 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 25.75 USA MOBILITY WIRELESS, INC PAGER USE 96.10 JPMORGAN CHASE BANK GRAINGER-CREDIT -60.36 ACS GOVERNMENT SYSTEMS, INC ANNUAL SUPPORT/LICENSE 895.00 CONSOLIDATED FLEET SERVICES, INC ANNUAL LADDER TESTING 1,145.00 BARRY INGRAM TUITION REIMBURSEMENT 645.00 THOMAS A. GAINES FIRE PUMP PRIMMER REPAIR 183.00 JPMORGAN CHASE BANK LOWES-PARTS 13.01 JPMORGAN CHASE BANK SHOE CARNIVAL-BOOTS 69.98 JPMORGAN CHASE BANK EXCELLANCE-SWITCHES 94.15 JPMORGAN CHASE BANK KOHLS-APPAREL 383.53 JPMORGAN CHASE BANK CASCO-HAZ MAT MONITOR 400.50 NORTH AMERICA FIRE EQUIPMENT CO. STREAMLIGHT AND BATTERIES 51.35 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 52.48 JPMORGAN CHASE BANK WALMART-SUPPLIES 32.32 AT&T LONG DISTANCE LONG DISTANCE PHONE BILL 20.06 AT&T MOBILITY WIRELESS SERVICE 22.04 JPMORGAN CHASE BANK OREILLYS-PARTS 7.99 JPMORGAN CHASE BANK WALMART-SUPPLIES 21.44 JPMORGAN CHASE BANK BUMPER TO BUMPER-PARTS 4.40 JPMORGAN CHASE BANK CHARACTER TRAINING 116.92 JPMORGAN CHASE BANK KOHLS-APPAREL 39.99 JPMORGAN CHASE BANK CASCO-BOOTS 291.00 JPMORGAN CHASE BANK SKAGGS-UNIFORM APPAREL 108.60 JPMORGAN CHASE BANK CASCO-CHARGING CRADLE 81.00 AT&T CONSOLIDATED PHONE BILL 226.79 AEP/PSO ELECTRIC USE 4,043.37 SPRINT SPRINT CARDS 320.79 JPMORGAN CHASE BANK GRAINGER-PARTS 769.12 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 86.18 Page 6 Claims List 09/7/2010 Budget Unit Title Vendor Name Payable Description Payment Amounl FIRE SERVICES... JPMORGAN CHASE BANK KOHLS-APPAREL 84.15 JPMORGAN CHASE BANK ADVANCE AUTO-FLOOR DRY 9.98 JPMORGAN CHASE BANK OK POLICE SUPPLY-APPAREL 7.00 JPMORGAN CHASE BANK BUMPER TO BUMPER-PARTS 20.35 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 44.34 TOTAL FIRE SERVICES 12,577.59 EMERGENCY PREPAREDNES SPRINT SPRINT CARDS 40.87 AEP/PSO ELECTRIC USE 104.48 AT&T CONSOLIDATED PHONE BILL 23.66 TOTAL EMERGENCY PREPAREDNESS 169.01 STREETS JPMORGAN CHASE BANK APW-ANNUAL MEMBER FEE 141.00 AEP/PSO ELECTRIC USE 1,241.83 SPRINT SPRINT CARDS 120.84 JPMORGAN CHASE BANK ATWOODS-WRENCH 9.97 JPMORGAN CHASE BANK FENSCO-POSTS 90.00 JPMORGAN CHASE BANK EQUIP ONE-AUGER RENTAL 220.00 JPMORGAN CHASE BANK LOWES-LIGHTER 7.94 UNIFIRST HOLDINGS LP UNIFORM SERVICES 292.31 TULSA COUNTY BOCC MISC. SIGNS 154.10 TULSA ASPHALT, LLC ASPHALT 73.90 TULSA ASPHALT, LLC ASPHALT 68.14 TULSA ASPHALT, LLC ASPHALT 758.45 TULSA ASPHALT, LLC ASPHALT 68.82 JPMORGAN CHASE BANK EQUIPMENT ONE-PROPANE 122.76 JPMORGAN CHASE BANK MID CONT CONCR-CONCRETE 1,520.00 JPMORGAN CHASE BANK AMER PUBLIC WKS-WEBINAR 175.00 USA MOBILITY WIRELESS, INC PAGER USE 71.40 JPMORGAN CHASE BANK AMERIFLEX HOSE-FITTINGS 43.50 JPMORGAN CHASE BANK LITTLE FALLS MACH-PARTS 167.10 JPMORGAN CHASE BANK LOWES-PAINT 114.00 JPMORGAN CHASE BANK WHITE STAR-RENTAL 295.65 ANCHOR STONE COMPANY CRUSHER RUN 172.92 SIGNALTEK INC JULY MAINTENANCE/AUG. RET 1,829.01 JPMORGAN CHASE BANK LOWES-TURN BUCKLE 2.98 UNIFIRST HOLDINGS LP UNIFORM SERVICES 37.49 SHERWOOD CONSTRUCTION CO, INC 76 ST GUARDRAIL PROJECT 166.00 JPMORGAN CHASE BANK ATWOODS-HARDWARE 7.87 UNIFIRST HOLDINGS LP UNIFORM SERVICES 35.79 TOTAL STREETS 8,008.77 STORMWATER UNIFIRST HOLDINGS LP UNIFORM SERVICES 41.56 1 UNIFIRST UNIFORM SERVICES 41.56 Page 7 Claims List 09/7/2010 Budget Unit Title Vendor Name Payable Description Payment Amouni STORMWATER... SHERWOOD CONSTRUCTION CO, INC STORMPIPE REPAIR PROJECT 234.00 SHERWOOD CONSTRUCTION CO, INC STORMPIPE REPAIR PROJECT 312.00 SHERWOOD CONSTRUCTION CO, INC STORMPIPE REPAIR PROJECT 195.00 SHERWOOD CONSTRUCTION CO, INC STORMPIPE REPAIR PROJECT 273.00 SHERWOOD CONSTRUCTION CO, INC STORMPIPE REPAIR PROJECT 312.00 JPMORGAN CHASE BANK OWASSO LUMBER-SUPPLIES 30.71 JPMORGAN CHASE BANK ATWOODS-WASP SPRAY 4.49 JPMORGAN CHASE BANK P&K EQUIPMENT-TRIMMER HD 256.86 JPMORGAN CHASE BANK TULSA NEW HOLLAND-CLUTCH 67.35 JPMORGAN CHASE BANK HOME DEPOT-FENCING 23.05 JPMORGAN CHASE BANK EQUIPMENT ONE-RENTAL 78.00 JPMORGAN CHASE BANK EQUIPMENT ONE-PARTS 61.83 USA MOBILITY WIRELESS, INC PAGER USE 95.46 JPMORGAN CHASE BANK LOWES-LOCKS/CHAIN 33.34 JPMORGAN CHASE BANK GELLCO-BOOTS 89.99 JPMORGAN CHASE BANK EQUIPMENT ONE-BLADE 101.99 JPMORGAN CHASE BANK BROWN FARMS-SOD 130.00 JPMORGAN CHASE BANK HOME DEPOT-MULCH 15.50 JPMORGAN CHASE BANK LOWES-MATERIALS 8.88 SHERWOOD CONSTRUCTION CO, INC CONCRETE 206.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES 41.56 JPMORGAN CHASE BANK HOME DEPOT-HAMMER 15.97 JPMORGAN CHASE BANK HOME DEPOT-SUPPLIES 23.25 JPMORGAN CHASE BANK P & K EQUIPMENT-PARTS 98.56 JPMORGAN CHASE BANK RSC EQUIPMENT-RENTAL 36.00 SPRINT SPRINT CARDS 120.84 TOTAL STORMWATER 2,948.75 PARKS AEP/PSO ELECTRIC USE 868.57 JPMORGAN CHASE BANK O REILLYS-BATTERY 95.22 SPRINT SPRINT CARDS 40.86 AT&T CONSOLIDATED PHONE BILL 181.66 JOHN MCGEE MCCARTY PARK MOWINGS 330.00 KERRY W. METCALF SKATE PARK MOWINGS 180.00 FOUNTAIN PEOPLE SPRAY PAD BOLLARD REPAIR 71.00 UNIFIRST HOLDINGS LP UNIFORM RENTALS & CLEANIN 14.65 UNIFIRST HOLDINGS LP UNIFORM RENTALS & CLEANIN 14.65 SHAWNEE LIGHTING SYSTEMS INC LIGHTING REPAIRS 1,978.93 SKYADD, LLC PORTABLE RESTROOM RENTAL 190.00 MARSHALL GROSS VETERANS PARK MOWINGS 54.98 WASHINGTON CO RURAL WATER DISTRICT WATER SERVICE-MCCARTY PAR 106.60 ELAINE WILLSON RESTROOM CLEANINGS 1,350.00 AT&T LONG DISTANCE LONG DISTANCE PHONE BILL 2.07 JPMORGAN CHASE BANK ENLOW TRACTOR-BEARING 89.92 JPMORGAN CHASE BANK LOWES-CONCRETE 4.98 Page 8 Claims List 09/7/2010 Budget Unit Title Vendor Name Payable Description Payment Amouni PARKS... ANCHOR STONE COMPANY CRUSHER RUN 85.68 UNIFIRST HOLDINGS LP UNIFORM RENTALS & CLEANIN 14.65 OLEN MASINGALE CENTENNIAL PARK MOWING 1,950.00 MARSHALL GROSS VETERANS PARK MOWING 54.98 OLEN MASINGALE ATOR PARK MOWINGS 195.00 JPMORGAN CHASE BANK ADT-SECURITY SERVICE 53.71 TOTAL PARKS 7,928.11 COMMUNITY CENTER JPMORGAN CHASE BANK TUCKER JANITOR-SUPPLIES 275.45 JPMORGAN CHASE BANK MURPHY SANITARY-CLEANING 99.30 JPMORGAN CHASE BANK WALMART-SUPPLIES 28.50 AT&T LONG DISTANCE LONG DISTANCE PHONE BILL 1.95 INDIAN NATIONS COUNCIL OF GOVERNMEN ANNUAL ASSESSMENT 1,000.00 COLBURN ELECTRIC ELECTRICAL REPAIRS 379.21 AT&T CONSOLIDATED PHONE BILL 128.42 JPMORGAN CHASE BANK CHARACTER BULLETINS 35.00 AEP/PSO ELECTRIC USE 1,942.52 TOTAL COMMUNITY CENTER 3,890.35 HISTORICAL MUSEUM AEP/PSO ELECTRIC USE 241.66 AT&T CONSOLIDATED PHONE BILL 23.66 JPMORGAN CHASE BANK EMTEC-TERMITE CONTROL 200.00 TOTAL HISTORICAL MUSEUM 465.32 ECONOMIC DEV JPMORGAN CHASE BANK GOOGLE EARTH-RENEWAL 399.00 JPMORGAN CHASE BANK CLARITAS-RENEWAL 1,095.00 SPRINT SPRINT CARDS 40.87 JPMORGAN CHASE BANK WEBSCRIBBLE-HOSTING 19.99 TOTAL ECONOMIC DEV 1,554.86 FUND GRAND TOTAL 125,093.4 AMBULANCE SERVICE COMMUNITY CARE AMBULANCE REFUND 499.80 JEROLD WINSBY ESTATE AMBULANCE REFUND 62.20 GERALD SECRIST AMBULANCE REFUND 84.21 VIRGINIA GILBERT AMBULANCE REFUND 500.94 DEAN TATE AMBULANCE REFUND 30.00 ADRIA MOSS AMBULANCE REFUND 20.00 DONALD KNIGHT AMBULANCE REFUND 25.00 MICHAEL KERN AMBULANCE REFUND 10.00 JOHN BEESON AMBULANCE REFUND 50.00 KIRSTEN DOTTS AMBULANCE REFUND 512.00 HAL WYNNE, JR. AMBULANCE REFUND 66.18 Page 9 Claims List 09/7/2010 Budget Unit Title Vendor Name Payable Description Payment Amouni AMBULANCE SERVICE... KRISTIE WORKMAN AMBULANCE REFUND 10.00 TREASURER PETTY CASH AMB REFUND/BROSAM 219.00 DEBBIE GAGOSIAN AMBULANCE REFUND 25.00 AMERICAN MUNICIPAL SERVICES CORP. COLLECTION SERVICES 212.45 AMERICAN MUNICIPAL SERVICES CORP. COLLECTION SERVICES 66.43 TRAILBLAZERS MEDICARE AMBULANCE REFUND 245.41 PAULA WARD AMBULANCE REFUND 682.50 GARRY BOWERSOCK AMBULANCE REFUND 71.05 DEBBIE GAGOSIAN AMBULANCE REFUND 523.60 BCBS OF OKLAHOMA AMBULANCE REFUND 740.25 TOTAL AMBULANCE SERVICE 4,656.02 AMBULANCE JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 1,141.18 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 76.28 JPMORGAN CHASE BANK ADVANCE AUTO-PARTS 8.55 JPMORGAN CHASE BANK ALLMED-SUPPLIES 629.74 JPMORGAN CHASE BANK ALLMED-SUPPLIES 36.75 JPMORGAN CHASE BANK PSI-SUPPLIES 1,170.83 JPMORGAN CHASE BANK ALLMED-RETURN -3.64 JPMORGAN CHASE BANK FULLERTON-OXYGEN 43.50 JPMORGAN CHASE BANK ALLMED-SUPPLIES 157.28 JPMORGAN CHASE BANK ALLMED-SUPPLIES 9.22 JPMORGAN CHASE BANK ALLMED-SUPPLIES 1,506.26 JPMORGAN CHASE BANK ALLMED-SUPPLIES 12.44 JPMORGAN CHASE BANK OFFICE DEPOT-KEYBD HOLDER 34.99 JPMORGAN CHASE BANK FULLERTON-OXYGEN LEASE 560.00 JPMORGAN CHASE BANK EXCELLANCE-PARTS 294.86 AT&T MOBILITY WIRELESS SERVICE 81.07 JPMORGAN CHASE BANK ALLMED-SUPPLIES 4.97 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 341.94 MEDICLAIMS INC BILLING SERVICES 9,315.87 JPMORGAN CHASE BANK 0 REILLYS-PARTS 19.98 JPMORGAN CHASE BANK ALLMED-SUPPLIES 96.59 JPMORGAN CHASE BANK KEN KOOL-PARTS 121.46 SPRINT SPRINT CARDS 200.82 TOTAL AMBULANCE 15,860.94 FUND GRAND TOTAL 20,516.9 E911 COMMUNICATIONS JPMORGAN CHASE BANK TOTAL RADIO-EQUIPMENT 500.30 AT&T CONSOLIDATED PHONE BILL 276.36 INCOG-E911 E911 ADMIN SVC FEES 5,920.83 JPMORGAN CHASE BANK TOTAL RADIO-EQUIPMENT 1,650.00 AT&T E911 MAPPING FEES - AUG 355.35 Page 10 Claims List 09/7/2010 Budget Unit Title Vendor Name Payable Description Payment Amouni TOTAL E911 COMMUNICATIONS 8,702.84 FUND GRAND TOTAL 8,702.8 HOTEL TAX - ECON DEV JPMORGAN CHASE BANK HAMP CREATIVE-BUY OWASSO 1,000.00 JPMORGAN CHASE BANK UPS-SHIPPING 5.30 JPMORGAN CHASE BANK UPS-SHIPPING 14.29 JPMORGAN CHASE BANK UPS-SHIPPING 14.76 JPMORGAN CHASE BANK UPS-SHIPPING 19.31 I JPMORGAN CHASE BANK UPS-SHIPPING 22.31 TOTAL HOTEL TAX - ECON DEV 1,075.97 STRONG NEIGHBORHOODS SPRINT SPRINT CARDS 40.87 TOTAL STRONG NEIGHBORHOODS 40.87 FUND GRAND TOTAL 1,116.8 STORMWATER - STORMWATI RIDGWAY'S LTD RAYOLA PARK PLANS 396.99 MAGNUM CONSTRUCTION INC INSTALLATION OF BRIDGE 5,907.00 TOTAL STORMWATER - STORMWATER 6,303.99 STRM MGMT - GARNETT DET MESHEK & ASSOCIATES, P.L.C. ENGINEERING SERVICES 1,671.80 TOTAL STRM MGMT - GARNETT DET; 1,671.80 FUND GRAND TOTAL 7,975.7 FIRE CAPITAL FD JPMORGAN CHASE BANK WAYEST-ENG 3 EQUIPMENT 3,625.00 JPMORGAN CHASE BANK CONRAD FIRE-ENG 3 EQUIP 393.69 JPMORGAN CHASE BANK WAYEST-EQUIPMENT 1,804.00 JPMORGAN CHASE BANK WAYEST-THERMAL CAMERA 9,262.50 JPMORGAN CHASE BANK CONRAD FIRE-EQUIPMENT 226.44 JPMORGAN CHASE BANK CONRAD FIRE-EQUIPMENT 241.38 JPMORGAN CHASE BANK CONRAD FIRE-EQUIPMENT 1,305.08 JPMORGAN CHASE BANK CONRAD FIRE-EQUIPMENT 1,237.89 TOTAL FIRE CAPITAL FD 18,095.98 FUND GRAND TOTAL 18,095.9 CI - QUAL OF LIFE INITIAT ALABACK DESIGN ASSOCIATES, INC QUALITY OF LIFE INITIATIV 9,583.00 TOTAL CI - QUAL OF LIFE INITIAT 9,583.00 Page 11 Claims List 09/7/2010 Budget Unit Title Vendor Name Payable Description Payment Amouni CI - 86 STIR MAIN--MEM JPMORGAN CHASE BANK TULSA COURT-FILING FEES 193.00 JPMORGAN CHASE BANK TULSA COURT-FILING FEES 193.00 TOTAL CI - 86 STR MAIN--MEM 386.00 CI - 106/GARNETT INTERSEC PSA-DEWBERRY INC ENGINEERING SERVICES 841.50 BUFFALO LAND ABSTRACT COMPANY TITLE REPORT/KANNADY 75.00 BUFFALO LAND ABSTRACT COMPANY TITLE REPORT/PENN 75.00 BUFFALO LAND ABSTRACT COMPANY TITLE REPORT/BROOKSHIRE 75.00 BUFFALO LAND ABSTRACT COMPANY TITLE REPORT/L. BAILEY 75.00 BUFFALO LAND ABSTRACT COMPANY TITLE REPORT/EXCHANGE BAN 75.00 BUFFALO LAND ABSTRACT COMPANY TITLE REPORT/DUVALL 75.00 BUFFALO LAND ABSTRACT COMPANY TITLE REPORT/CLARK 75.00 TOTAL CI - 1061GARNETT INTERSEC 1,366.50 FUND GRAND TOTAL 11,335.5 CITY GARAGE JPMORGAN CHASE BANK FULLERTON-SUPPLIES 77.50 JPMORGAN CHASE BANK UNITED FORD-PARTS 41.60 JPMORGAN CHASE BANK O REILLYS-TOOLS 51.93 JPMORGAN CHASE BANK O REILLYS-PARTS 2,172.65 AEP/PSO ELECTRIC USE 415.56 T & W TIRE, LP TIRES FOR CITY TRUCKS -461.28 JPMORGAN CHASE BANK CLASSIC CHEVY-PLUG HOLDER 3.81 AT&T MOBILITY WIRELESS SERVICE 59.46 AT&T CONSOLIDATED PHONE BILL 44.77 ROSS M. LEWIS MUFFLERS 157.90 GIL SAURER DBA PHOENIX RECYCLING RECYCLING OF USED OIL 40.00 T & W TIRE, LP TIRES FOR CITY TRUCKS 924.16 T & W TIRE, LP TIRES FOR CITY TRUCKS 431.64 T & W TIRE, LP TIRES FOR CITY TRUCKS 512.40 JPMORGAN CHASE BANK UNITED FORD-HOOD STRUTS 40.86 JPMORGAN CHASE BANK UNITED FORD-PARTS 55.80 AT&T LONG DISTANCE LONG DISTANCE PHONE BILL 3.75 TOTAL CITY GARAGE 4,572.51 FUND GRAND TOTAL 4,572.5 WORKERS' COMP SELF-INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 264.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 289.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 578.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 264.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 289.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 578.00 Page 12 Claims List 09/7/2010 Budget Unit Title Vendor Name Payable Description Payment Amouni WORKERS' COMP SELF-INS... CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 264.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 289.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 578.00 TOTAL WORKERS' COMP SELF-INS 3,393.00 WORKERS' COMP SELF-INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 720.09 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 608.48 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 689.16 CITY OF OWASSO IMPREST ACCOUNT WC-CLAIMS RELATED EXP. 149.61 CITY OF OWASSO IMPREST ACCOUNT WC-CLAIMS RELATED EXP. 2,297.85 UNITED SAFETY & CLAIMS INC WORKERS COMP TPA SERVICE 1,550.00 SAS, LLC SELECT ACTUARIAL SERVICE ACTUARIAL SERVICES 3,500.00 TOTAL WORKERS' COMP SELF-INS 9,515.19 FUND GRAND TOTAL 12,908.1 GEN LIAB-PROP SELF INS ATKINSON, HASKINS, NELLIS, HUCKANS V CITY OF OWASSO 1,501.69 ATKINSON, HASKINS, NELLIS, COMISKEY V. CITY OF OWASS 1,663.58 TOTAL GEN LIAB-PROP SELF INS 3,165.27 FUND GRAND TOTAL 3,165.2 CITY GRAND TOTAL $213,483.34 Page 13 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 08/14/10 Department Payroll Expenses Total Expenses Municipal Court 4,586.31 6,199.45 Managerial 19,335.08 26,937.43 Finance 12,973.70 19,320.48 Human Resources 6,158.82 9,770.56 Community Development 10,406.00 14,558.98 Engineering 12,674.90 19,097.25 Information Systems 9,400.58 14,754.21 Support Services 6,742.02 9,777.74 Police 97,052.45 148,812.99 Central Dispatch 11,198.08 18,461.87 Animal Control 2,258.40 3,484.45 Fire 94,168.44 139,724.11 Emergency Preparedness 2,818.43 4,328.22 Streets 6,765.25 11,342.38 Stormwater/ROW Maint. 7,630.88 11,608.80 Park Maintenance 6,125.02 9,241.80 Community-Senior Center 3,525.70 5,562.84 Historical Museum 2,054.82 2,813.17 Economic Development 2,876.92 3,818.43 General Fund Total 318,751.80 479,615.16 Garage Fund Total 4,103.60 6,488.29 Ambulance Fund Total 19,729.04 29,263.74 Emergency 911 Fund Total 1,977.90 3,259.86 Worker's Compensation Total 3,040.38 3,660.34 Strong Neighborhoods 2,102.12 3,155.18 Stormwater Detention 975.00 1,103.22 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 08/28/10 Department Payroll Expenses Total Expenses Municipal Court 4,586.32 6,186.90 Managerial 19,245.08 26,674.51 Finance 12,934.52 19,277.37 Human Resources 5,984.82 9,571.93 Community Development 10,441.22 14,598.84 Engineering 13,657.36 20,454.59 Information Systems 9,335.58 14,684.23 Support Services 6,741.26 9,778.18 Police 96,625.17 148,802.40 Central Dispatch 11,575.81 18,900.71 Animal Control 2,218.40 3,441.38 Fire 96,823.47 142,696.50 Emergency Preparedness 2,798.43 4,306.69 Streets 6,679.55 11,244.19 Stormwater/ROW Maint. 8,164.50 12,211.95 Park Maintenance 5,770.02 8,833.32 Community-Senior Center 2,925.70 4,860.95 Historical Museum 2,054.82 2,813.17 Economic Development 2,826.92 3,764.60 General Fund Total 321,388.95 483,102.41 Garage Fund Total 4,103.60 6,488.29 Ambulance Fund Total 20,272.02 29,860.47 Emergency 911 Fund Total 2,042.79 3,335.43 Worker's Compensation Total 3,0 Zi 383 3,660.34 Strong Neighborhoods 2,077.12 3,128.27 Stormwater Detention 875.00 990.07 CITY OF OWASO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 9/7110 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE ADMIN FEES STOP LOSS FEES HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE DENTAL DEPT TOTAL VSP ADMIN FEES VISION DEPT TOTAL AMOUNT 35,248.82 32,344.58 22,933.71 21,756.27 15,908.16 19,009.20 147, 200.74 2,130.90 4,211.52 6,342.42 1,209.93 1,209.93 HEALTHCARE SELF INSURANCE FUND TOTAL 154,753.09 0 Oe.T City Wit #"v Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: John Feary Project Administrator SUBJECT: Recommendation of Bid Award for FY 2010 Street Rehabilitation Project DATE: September 3, 2010 BACKGROUND: Annually the Capital Improvements Fund allows for the expenditure of funds for the repair and/or resurfacing of residential and non-residential roadways. Street rehabilitation sites have been evaluated and selected based on a comprehensive assessment of roadway conditions. The selection process was aimed at maximizing return on investment by increasing roadway lifecycle and minimizing future maintenance costs while enhancing overall roadway driving conditions and public safety. In July 2010, City Council approved the project priority list. A map depicting the location of the priority sites has been included (see Attachment A). The priority list includes data for four (4) street segments. The approved locations are at 116th Street North and Garnett Road, North 126th East Avenue from East 77th Place North to East 78th Street North, and alternate bid items for the approach at West 10th Street and North Main Street, as well as a striping plan, ANALYSIS OF BIDS: A Notice to Bidders was published in July 2010. A mandatory pre-bid meeting was held on August 17, 2010 with five (5) contractors present. Bids were publicly opened on August 30, 2010 at 2:00 pm at the Owasso City Hall with the following two (2) bids received: Tri-Star Construction, LLC $250,610.00 APAC Central, Inc. $297,977.00 City Staff has examined the submitted bid packages for any improper or unbalanced bids and none were discovered. Tri-Star Construction, LLC„ the low bidder, has successfully completed street rehabilitation and new street construction projects for the cities of Tulsa and Bixby and has positive recommendations from municipal members and is considered to be a reputable company by other members in their field, PROJECT FUNDING: Funding for this project is included in the FY 2010 Capital Improvements Fund. RECOMMENDATION: Staff recommends City Council award the bid for the FY 2010 Street Rehabilitation Project to Tri- Star Construction, LLC, in the amount of $250,610, and authorize the Mayor to execute the agreement. ATTACHMENTS: A. Location Map B. Bid Comparison Sheet 3 0 0 0 0 0 0 CL d w 0 N I 0 0 N 0 0 N 1 Of 0 0 i W W f5 N 2009-2010 PAVEMENT REPAIR LOCATION ONLY 2009-2010 PAVEMENT REPAIR AND OVERLAY LOCATIONS 2009-2010 PAVEMENT REPAIR ALTERNATE LOCATIONS 0 BID DOCUMENTATION Number of Bids: Bids Opened By: Witness: 2 Marcia Boutwell John Feary Brandon Hancock CITY OF OWASSO, OKLAHOMA 2009 -2010 STREET REPAIRS Bid Opening: August 30, 2010 BIDDER BASE BID ALT #1 ALT #2 APAC- Central, Fayetteville, AR $267,280 $15,297 $15,400 Tri -Star Construction, Catoosa, OK $223,080 $15,630 $11,900 Certification: I, Marcia Boutwell, Contract Administrator, do hereby certify that, to the best of my knowledge, this Bid Documentation is true and correct. Signature: Ataw a 53oukueU Date: August 30, 2010 0 The Citmd~ V y Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Roger Stevens Public Works Director SUBJECT: Capital Improvement Agreement Renewal - Vision 2025 Owasso Downtown /Neighborhood Project DATE: September 3, 2010 BACKGROUND: On September 9, 2003, the residents of Tulsa County approved the levy and collection of an additional one cent tax (Vision 2025) to provide revenue for, among other things, capital improvements for community enrichment projects throughout Tulsa County, In March 2004, the City Council approved the Capital Improvements Agreement - Vision 2025, which provided $1,143,463.90 for the Owasso Downtown /Neighborhood Project, As you may recall, the majority of this funding ($1,029,117,51) was allocated to the Main Street Improvement Project. As part of this agreement, the City is required to utilize 10% or $114,346,39 of the project funding towards a specific neighborhood enhancement. In the fall of 2009, the City received approval from Vision 2025 staff to use the remaining funds for the Rayola Park Enhancement Project, PROPOSED ACTION: The original Vision 2025 Capital Improvements Agreement has expired. Therefore, City staff is proposing the agreement be renewed in order to allow for the disbursement and utilization of the remaining funds. RECOMMENDATION: Staff recommends City Council approval of the Vision 2025 Capital Improvement Agreement between the Board of County Commissioners of Tulsa County and City of Owasso; and authorization for the Mayor to execute the agreement. ATTACHMENT: A. Capital Improvement Agreement CAPITAL IMPROVEMENTS AGREEMENT This CAPITAL IMPROVEMENTS AGREEMENT (the "Agreement") made and entered into this day of September, 2010, by and between the BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY, OKLAHOMA (the "Board") and the CITY OF OWASSO, OKLAHOMA, a municipal corporation (the "Contracting Party"). RECITALS A. On July 7, 2003, the Board adopted a Resolution (the "Resolution") calling for a special election to levy and collect a sales tax ("Sales Tax") to provide revenue for the purpose of capital improvements for community enrichment within Tulsa County, including capital improvements described within Exhibit "A" attached hereto (the "Improvements") on real property described within Exhibit "B" attached hereto (the "Land"). (The Improvements and the Land being hereinafter collectively referred to as the "Project"). B. On September 9, 2003, the duly qualified electors of Tulsa County, Oklahoma, did approve the levy and collection of such sales tax for the purposes set forth above. C. The Contracting Party has requested the Board to make, pursuant to the Resolution, disbursements of Sales Tax to the Contracting Party for the costs of the design, acquisition, construction, equipping and furnishing of the Project (the "Advances"). The Advances are in addition to advances to the Contracting Party previously made pursuant to a Capital Improvements Agreement regarding the Project dated April 1, 2004, by and among the Tulsa County Industrial Authority (the "Authority"), the Board and the Contracting Party, as amended by those certain Amendments to Capital Improvements Agreement dated March 9, 2007, June 19, 2007, and February 5, 2008, by and among the Authority, the Board and the Contracting Party (said agreement, as amended, being herein collectively referred to as the "Previous Capital Improvements Agreement"). In consideration of the foregoing and of the mutual covenants, conditions, and promises set forth herein and other good and valuable considerations, the receipt, sufficiency and validity of which are hereby acknowledged, the parties hereto agree to the following terms and conditions. AGREEMENT 1. DEFINITIONS. The following terms for all purposes of this Agreement have the following meanings. Unless the context otherwise indicates, words importing the singular shall include the plural and vice versa and the use of the neuter, masculine or feminine gender is for convenience only and shall be deemed to mean and include the neuter, masculine and feminine gender. 1.1. "Advance" shall mean any of the Advances as defined within paragraph C of the Recitals hereof, and shall be Construction Advances or Non-Construction Advances. 1.2. "Application and Certificate for Payment" means an application for payment in the form of American Institute of Architects Document G702, Application and Certificate for Payment, and American Institute of Architects Document G703, Continuation Sheets, showing by trade the cost of work on the Project and the cost of materials incorporated into the Improvements or stored on the Land, all to be stated in the Application and Certificate for Payment, which Application and Certificate for Payment shall be signed by the Contracting Party, the appropriate Contractor under the Construction Contracts and the Architect, Engineer or Project Manager and shall show the percentage of completion of each construction line item on the Approved Budget. 1.3. "Approved Budget" means a budget or cost schedule prepared by the Contracting Party in form and content satisfactory to the Board and specifying: (i) that portion, if any, of the cost of the Project to be paid by the Contracting Party with funds other than proceeds of the Bonds, and (ii) the cost by item of all Costs of Construction in accordance with the Plans and all Government Requirements and estimating the dates on which the Contracting Party contemplates requiring Advances from the Board hereunder, as amended from time to time by the Contracting Party with the consent of the Board. 1.4. "Architect" means the architect(s) who execute the Architect/Engineer Agreement. 1.5. "Architect/Engineer Agreement" means the agreement between the Contracting Party and the Architect or Engineer regarding the Improvements. 1.6. "Authority" means Tulsa County Industrial Authority, an Oklahoma public trust. 1.7. "Authorization and Certificate of Program Manager" means the Authorization and Certificate of Program Manager signed by the Program Manager in the form and content set forth on Exhibit "C" hereto. 1.8. "Authorization and Certificate of Project Manager" means the Authorization and Certificate of Project Manager signed by the Architect, Engineer or Project Manager, as determined by the Board, in the form and content set forth on Exhibit "D" hereto. 1.9. "Bidding Documents" means the bid notices, instruction to bidders, plans and specifications, bidding forms, bidding instructions, general conditions, special conditions and all other written instruments prepared by or on behalf of the Contracting Party for use for prospective bidders on public construction contracts regarding the Improvements. 1.10. "Builder's Risk Insurance" means extended coverage insurance against loss or damage by fire, lightning, wind storm, hail, explosion, riot, vandalism, malicious mischief, riot attending a strike, civil commotion, aircraft, vehicles, smoke and other risks from time to time included under "extended coverage" policies, in an amount equal to 100% of the full replacement value of the Improvements. 2 C:\Users\kian_kamas\AppData\Local\Microsoft\Windows\Temporary Intemet Files\Content.Outlook\IR32ULOW\CityofOwassoDowntownNeighborhood- I -REIMBURSEMENT AGR.doc 1. 11. "Certificate of Completion" means a certificate satisfactory to the Board signed by the Contracting Party and the Architect, Engineer or the Project Manager (as determined by the Board) certifying that the construction, equipping and furnishing of the Improvements have been completed in accordance with the Plans and setting forth the date of such completion. 1.12. "Change Orders" mean changes or modifications to any Construction Contract or any other contract with labor or material suppliers. 1.13. "Construction Advance" means any Advance for Costs of Construction which are properly payable to appropriate Contractors pursuant to the Construction Contracts. 1.14. "Construction Advance Request" means a written request from the Contracting Party to the Board specifying the requested Construction Advance amount and the disbursement date and making certifications to the Board, all as more specifically set forth in the Construction Advance Request form, a copy of which is attached hereto as Exhibit "E." 1.15. "Construction Contracts" means the agreements between the Contracting Party and the Contractors providing for the construction, equipping and furnishing of the Project. 1.16. "Construction Schedule" means a schedule of the construction, equipping and furnishing of the Improvements from the commencement date of construction, in form and content satisfactory to the Board, as amended from time to time by the Contracting Party with consent of the Board. 1.17. "Contracting Party" means the City of Owasso, Oklahoma, a municipal corporation. 1.18. "Contractors" means the contractors who execute Construction Contracts. 1.19. "Cost of Construction" means all costs of designing, acquiring, constructing, equipping and furnishing the Project, including, but not limited to, the cost of land or any interest in land, obligations incurred for labor and materials and to architects, project managers, contractors, builders and materialmen; the restoration or relocation of property damaged or destroyed in connection with the construction; and the cost of machinery, equipment or supplies purchased by the Contracting Party for inclusion as part of the Project. 1.20. "County" means Tulsa County, Oklahoma. 1.21. "Depository" means Bank of Oklahoma, N.A., Tulsa, Oklahoma, a national banking association, organized and existing under the laws of the United States of America, and its successors and any corporation resulting from or surviving any consolidation or merger to which it or its successors may be a party. 1.22. "Engineer" means the engineer(s) who execute the Architect/Engineer Agreement. 3 C:\Users\kian_kamas\AppData\Local\Microsofr\Windows\Temporary Intemet Files\Content.0utlook\1R32ULOW\CityofOwassoDowntownNeighborhood- 1 -REIMBURSEMENT AGR.doc 1.23. "Governmental Approvals" means authorizations required by Governmental Authorities for the construction and operation of the Improvements contemplated by the Plans, including, without limitation, a copy of the building permit and zoning clearance issued by the city which has jurisdiction over the contemplated project. 1.24. "Governmental Authority" means the United States, the state, the County, the city or any other political subdivision in which the Land is located, and any other political subdivision, agency or instrumentality exercising jurisdiction over the Contracting Party or all or any portion of the Land. 1.25. "Government Requirements" means all laws, orders, decrees, ordinances, rules and regulations of any Governmental Authority. 1.26. "Improvements" means the Improvements described within Exhibit "A" attached hereto. 1.27. "Land" means the real property described within Exhibit "B" attached hereto. 1.28. "Maximum Amount of Advances" means $114,346.39. 1.29. "Non-Construction Advance Request" means a written request from the Contracting Party to the Board specifying the requested Non-Construction Advance amount and the disbursement date and making certain certifications to the Board, all as more specifically set forth in the Non-Construction Advance Request form, a copy of which is attached hereto as Exhibit "F." 1.30. "Non-Construction Advance" means any Advance for the payment of Costs of Construction other than the costs and fees which are properly payable to the appropriate Contractors pursuant to the Construction Contracts. 1.31. "Opinion of Contracting Party's Counsel" means an opinion from the Contracting Party's counsel addressed to the Board, which opinion shall be in form and content satisfactory to the Board and shall include, but not be limited to, the following (i) the Contracting Party has the authority and capacity to enter into this Agreement; (ii) this Agreement is a legal, valid and binding obligation against the Contracting Party, fully enforceable in accordance with its terms under applicable laws, except as the enforceability thereof may be limited by applicable bankruptcy, insolvency or other similar laws affecting the enforcement of creditors' rights generally and by general principles of equity; (iii) the Costs of Construction may be lawfully funded with the proceeds of the Bonds and with the proceeds of the Sales Tax; (iv) there are, to the Contracting Party's counsel's knowledge, no actions or proceedings pending or threatened in any court or governmental department or agency which would affect the validity of this Agreement or any of the instruments, documents or agreements delivered by the Contracting Party under the terms of this Agreement; (v) the Contracting Party has obtained all necessary federal, state and local governmental approvals, licenses and permits necessary to comply with any and all Governmental Requirements relating to the Land, the construction of the Improvements thereon and the occupancy thereof; (vi) such delivery and compliance by the 4 C:\Users\kian_kamas\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\IR32ULOW\CityofOwassoDowntownNeighborhood- I - REIMBURSEMENT AGR.doc Contracting Party with the terms of this Agreement do not, to the Contracting Party's counsel's best knowledge, conflict with or violate any agreement to which the Contracting Party is a party or is bound; and (vii) the Contracting Party is a duly organized and validly existing municipal corporation under the laws of the State of Oklahoma. 1.32. "Payment and Performance Bonds" means separate performance and labor and material payment bonds with respect to the Construction Contracts in the full amount of Construction Contracts. 1.33. "Plans" means all detailed plans, specifications and supporting documents for the construction of the Improvements prepared by the Architect or Engineer, as amended from time to time by the Contracting Party with consent of the Board. 1.34. "Previous Capital Improvements Agreement" means the Capital Improvements Agreement regarding the Project dated April 1, 2004, by and among the Authority, the Board and the Contracting Party, as amended by those certain Amendments to Capital Improvements Agreement dated March 19, 2007, June 19, 2007, and February 9, 2008, by and among the Authority, the Board and the Contracting Party. 1.35. "Program Manager" means Program Management Group, L.L.C. 1.36. "Project" means the Improvements and the Land. 1.37. "Project Manager" means the project manager or construction manager who executes the Project Manager Agreement. 1.38. "Project Manager Agreement" means the agreement between the Contracting Party and the Project Manager regarding the Improvements. 1.39. "Sales Tax" shall mean that certain sales tax levied and collected by the County as set forth in the propositions approved by the registered, qualified voters of the County at an election held for that purpose on September 9, 2003, which propositions provide for the County of Tulsa, Oklahoma, by its Board of County Commissioners, to levy and collect a sixty (60) percent of one (1) percent (.60%) sales tax for the purpose of providing funds to Tulsa County, Oklahoma, to improve the general economic conditions of the people of the County (i) by funding capital improvements for American Airlines which will promote economic development for and provide additional jobs and payroll within the County; (ii) by funding educational, health care and events facilities which will promote economic development for and provide additional jobs and payroll within the County; and (iii) by constructing capital improvements for community enrichment within the County; and/or to be applied or pledged toward the payment of principal and interest on any indebtedness, including refunding indebtedness, incurred by or on behalf of Tulsa County for such purpose, commencing January 1, 2004, and continuing thereafter for a period of thirteen (13) years. 1.40. "Termination Event" shall mean the occurrence of any of the following: C:\User:s\kian_kamas\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\ I R32ULOW\Cityof0wassoDowntownNeighborhood- I -REIMBURSEMENT AGR.doc 1.40.1. Breach of Covenants. Failure by the Contracting Party in the punctual performance or observation of any covenant or agreement on its part in this Agreement, and such default shall have continued for a period of thirty (30) days after written notice thereof, specifying such default and requiring the same to be remedied, shall have been given to the Contracting Party by the Board. 1.40.2. Representations and Warranties. Any representation, statement, certificate, schedule or report made or furnished to the Board by the Contracting Party proves to be false or materially misleading at the time of the making thereof; or any warranty ceases to be complied with in any material respect, and Contracting Party fails to take or cause to be taken corrective measures satisfactory to the Board within thirty (30) business days after receipt of written notice from the Board relating to the particular Termination Event. 1.40.3. Insolvency..The Contracting Party shall (i) apply for or consent to the appointment of a receiver, trustee or a liquidator of the Contracting Party or its properties; (ii) admit in writing the inability to pay its debts as they mature; (iii) make a general assignment for the benefit of creditors; (iv) commence any proceeding relating to the bankruptcy, reorganization, liquidation, receivership, conservatorship, insolvency, readjustment of debt, dissolution or liquidation of the Contracting Party; or (v) becomes insolvent. 2. OBLIGATION OF BOARD TO MAKE ADVANCES. The Board shall cause its Depository to make Advances for the use and benefit of the Contracting Party for the costs of the acquisition, construction, equipping and furnishing of the Improvements described within Exhibit "A" hereto, subject to and in accordance with the terms and provisions of this Agreement; provided, however, the total amount of Advances shall not exceed the Maximum Amount of Advances. In the event the Contracting Party expends funds other than Advances hereunder in the acquisition, construction, equipping and furnishing of the Project, such expenditures shall not reduce the Contracting Party Amount or the aggregate amount of Advances available to the Contracting Party hereunder. 3. CONDITIONS PRECEDENT TO THE BOARD'S OBLIGATION TO MAKE THE INITIAL ADVANCE. It is expressly agreed that the Board shall not be obligated to make the initial Advance hereunder until the following conditions have been satisfied, unless waived by the Board at its sole discretion. In the event the Board elects to waive any requirements or conditions contemplated herein with regard to the initial Advance, such waiver shall not preclude the Board from thereafter requiring full and complete performance of all terms, conditions and requirements with regard to any subsequent Advance. 3.1. The Board has received the following documents: 3.1.1. Approved Budget; 3.1.2. Written detailed description of the Project; 3.1.3. Construction Schedule; 6 C:\Users\kian_kamas\AppData\LocalWicrosofr\Windows\Temporary Intemet Files\Content.0utlook\IR32ULOW\CityofOwassoDowntownNeighborhood- I -REIMBURSEMENT AGR.doc 3.1.4. Opinion of Contracting Party's Counsel; 3.1.5. Copy of Project Manager Agreement, if any; 3.1.6. Copies of all other then-existing agreements executed by the Contracting Party in connection with the acquisition, construction, equipping and furnishing of the Project; and 3.1.7. Such other documents, certificates and instruments in connection with the Project, in form and substance satisfactory to the Board or its Program Manager as the Board or its Program Manager may reasonably request. 3.2. The representations and warranties set forth within Section 7 hereof shall be true and correct on and as of the date of the initial Advance with the effect as if made on such date. 3.3. No Termination Event exists under this Agreement. 4. CONDITIONS PRECEDENT TO BOARD'S OBLIGATION TO MAKE CONSTRUCTION ADVANCES. It is expressly agreed that the Board's obligation to make any Construction Advance shall be subject to satisfaction of the following conditions, unless waived by the Board at its sole discretion. In the event the Board elects to waive any requirements or conditions contemplated herein with regard to any such Construction Advance, such waiver shall not preclude the Board from thereafter requiring full and complete performance of all terms, conditions and requirements with regard to any subsequent Advance. 4.1 All conditions for all previous Advances must be satisfied or expressly waived in writing by the Board as of the date of the pending Construction Advance. 4.2 The Board has received the following documents: 4.2.1. Copy of Architect/Engineer Agreement; 4.2.2. Plans; 4.2.3. Copy of all Construction Contracts; 4.2.4. Copy of all Governmental Approvals; 4.2.5. Copy of all insurance policies required by Section 11 hereof or certificates that such insurance is in full force and effect; 4.2.6 Copy of Payment and Performance Bonds; 4.2.7. Copy of all Bidding Documents; 7 C:\Users\kian_kamas\AppData\Local\Microsoft\Windows\Temporary Intemet Files\Content.0utlook\1R32ULOW\CityofOwassoDowntownNeighborhood- I - REIMBURSEMENT AGR.doc 4.2.8. All amendments to documents previously delivered to the Board by the Contracting Party hereunder; and 4.2.9. Copies of all then-existing agreements executed by the Contracting Party in connection with the acquisition, construction, equipping and furnishing of the Project, not previously submitted to the Board; 4.2.10. Such other documents, certificates and instruments in connection with the Project, in form and substance satisfactory to the Board or its Program Manager as the Board or its Program Manager may reasonably request. 4.3. The Construction Advance complies and is in accordance with the Approved Budget. 4.4 The representations and warranties set forth within Section 7 hereof shall be true and correct on and as of the date of the pending Construction Advance with the effect as if made on such date. 4.5 No Termination Event exists under this Agreement. 5. CONDITIONS PRECEDENT TO BOARD'S OBLIGATION TO MAKE NON- CONSTRUCTION ADVANCES. It is expressly agreed that the Board's obligation to make any Non-Construction Advance shall be subject to satisfaction of the following conditions, unless waived by the Board at its sole discretion. In the event the Board elects to waive any requirements or conditions contemplated herein with regard to any such Non-Construction Advance, such waiver shall not preclude the Board from thereafter requiring full and complete performance of all terms, conditions and requirements with regard to any subsequent Advance. 5.1. All conditions for all previous Advances must be satisfied or expressly waived in writing by the Board as of the date of the pending Non-Construction Advance. 5.2. The Board has received the following documents. 5.2.1. All amendments to documents previously delivered to the Board by the Contracting Party hereunder; and 5.2.2. Such other documents, certificates and instruments in connection with the Project, in form and substance satisfactory to the Board or its Program Manager as the Board or its Program Manager may reasonably request. 5.3. The Non-Construction Advance complies and is in accordance with the Approved Budget. 5.4. The representations and warranties set forth within Section 7 hereof shall be true and correct on and as of the date of the pending Non-Construction Advance with the effect as if made on such date. C:\Users\kian_kamas\AppData\Local\Microsoft\Windows\Temporary Intemet Files\Content.0utlook\IR32ULOW\CityofOwassoDowntownNeighborhood- I -REIMBURSEMENT AGR.doc 5.5. No Termination Event exists under this Agreement. 6. DISBURSEMENT PROCEDURE. Subject to compliance by the Contracting Party with all the terms, provisions and conditions of this Agreement, including, but not limited to, the conditions precedent set forth within Sections 3, 4 and 5 hereof, the Board will cause its Depository to disburse sums to the Contracting Party, or to the appropriate payee, for the purpose of paying Costs of Construction items specified in the Approved Budget, in accordance with the following procedures: 6.1. Request for Construction Advance. Not less than fifteen (15) business days before the date on which the Contracting Party desires a Construction Advance, but not more frequently than monthly, the Contracting Party shall submit to the Board a Construction Advance Request, which shall be accompanied by the following: 6.1.1. Application and Certificate for Payment dated as of the date of the Request for Advance; 6.1.2. Billing statements, vouchers and invoices, in form and content satisfactory to the Board, with regard to items that are the subject of the Construction Advance Request; 6.1.3. If the Construction Advance is for the purpose of reimbursing the Contracting Party for Costs of Construction previously paid by the Contracting Party, evidence satisfactory to the Board of such prior payment; 6.1.4. If requested by the Board, appropriate waivers of lien rights, in form and content satisfactory to the Board and its legal counsel, executed and acknowledged by all Contractors, sub-contractors, laborers and materialmen who have furnished labor or materials relating to the Improvements; 6.1.5. Authorization and Certification of Project Manager. 6.2. Request for Non-Construction Advance. Not less than fifteen (15) business days before the date on which the Contracting Party desires a Non-Construction Advance, but not more frequently than monthly, the Contracting Party shall submit to the Board a Non- Construction Advance Request, which shall be accompanied by the following: 6.2.1. Billing statements, vouchers and invoices, inform and content satisfactory to the Board, with regard to items that are subject of the Non-Construction Advance Request; 6.2.2. If the Non-Construction Advance is for the purpose of reimbursing the Contracting Party for Costs of Construction previously paid by the Contracting Party, evidence satisfactory to the Board of such prior payment; 9 CAUsers\kian_kamasWppData\Local\Microsofr\Windows\Temporary Intemet Files\Content.0utlook\IR32ULOW\CityofOwassoDowntownNeighborhood- I - REIMBURSEMENT AGR.doc 6.3. Board's Inspection. If, for any reason, the Board or its Program Manager deems it necessary to cause the Project to be examined by the Program Manager prior to making any Advance, it shall have a reasonable time within which to do so, and the Board shall not be required to make any submissions to the Trustee until such examination has been made. The Board and its Program Manager shall have the right, upon reasonable prior notice, to enter the Project at all reasonable times for the purpose of examining and inspecting the Project. The Board and its Program Manager shall also have the right at all reasonable times to examine the books and records of the Contracting Party regarding the Project. 6.4. Disbursements. Upon receipt by the Board of the items required by Sections 3, 4, 5, 6.1 and 6.2 hereof, or as soon thereafter as all conditions precedent to the requested Advance have been satisfactorily met, including delivery to the Board of an Authorization and Certificate of Program Manager, the Board shall approve the Construction Advance Request or the Non- Construction Advance Request, as applicable, and cause its Depository to disburse to the Contracting Party, or to the appropriate payee, for Costs of Construction the amount of the requested Advance. 6.5. Maximum Amount of Advances The total amount of all Advances under this Agreement shall not exceed the Maximum Amount of Advances. 6.6. Date after which Advances Cease. Notwithstanding anything herein to the contrary, the Board shall have no duty to make or cause the making of Advances hereunder to the Contracting Party after September , 2012. 6.7. Advances Solely from Sales Tax. All Advances hereunder shall be made by the Board solely from Sales Tax proceeds. 6.8. Advances Subject to Annual Appropriation. It is hereby acknowledged that under applicable Oklahoma law, the Board may not become obligated beyond its fiscal year (July 1 through June 30) and therefore, the covenants made herein by the Board shall be on a year-to- year basis. The Board's obligation to make Advances is subject to the availability of funds and annual appropriations thereof by the Board. 6.9. Subordination of Obligation to Make Advances. The Board's obligation to make Advances is fully subordinate to the Board's obligation to make payments of Sales Tax proceeds pursuant to projects agreements between the Board and the Tulsa County Industrial Authority (the "Authority") securing the payment of bonds issued by the Authority. 6.10. Construction Retaina;e. An amount equal to five percent (5%) of the Maximum Amount of Advances shall be retained by the Board. Such Retainage shall be disbursed upon completion of the construction, equipping and furnishing of the Improvements, provided: 6.10.1. A Construction Advance Request shall have been submitted to the Board with respect to such retainage; 10 C:\Users\kian_kamas\AppDataV-ocal\Microsoft\Windows\Temporary Intemet Files\Content.Outlook\ I R32ULOW\Cityof0wassoDowntownNeighborhood- I -REIMBURSEMENT AGR.doc 6.10.2. A Certificate of Completion shall have been submitted to the Board, accompanied by a certificate of occupancy for the Improvements and such other written evidence reasonably required by the Board of the approval of the municipality where the Improvements are located, reflecting that the Improvements in their entirety are available for permanent occupancy; 6.10.3 The written consent of the sureties named within the Payment and Performance Bonds shall have been submitted to the Board. 6.10.4. The Board has received appropriate waivers of lien rights, in form and content satisfactory to the Board and its legal counsel, executed and acknowledged by all Contractors, sub-contractors, laborers and materialmen who have furnished labor or materials relating to the Improvements; 6.10.5. The Contracting Party has complied with all the terms, provisions and conditions of this Agreement; including, but not limited to the conditions precedent and procedures set forth within Sections 3, 4, 5 and 6 hereof; 6.10.6. The representations and warranties set forth within Section 7 hereof shall be true and correct on the date of disbursement of such retainage; and 6.10.7. No Termination Event exists under the Agreement. 7. REPRESENTATIONS AND WARRANTIES OF CONTRACTING PARTY. The Contracting Party represents and warrants to, and covenants with, the Board as follows: 7.1. Existence and Qualification. The Contracting Party has all requisite power and authority to own, operate and lease its properties and to carry on its business as presently conducted. 7.2. Authority, Approval and Enforceability. The Contracting Party has all requisite power and authority to execute and deliver this Agreement and to perform its obligations under this Agreement. This Agreement has been duly executed and delivered on behalf of the Contracting Party and constitutes the legal, valid and binding obligation of the Contracting Party. 7.3. No Violations. Based upon a reasonable investigation, there exist no violations of any statutes, rules, orders, ordinances, regulations or requirements of any Governmental Authorities with respect to the Land, and the anticipated use thereof complies with all applicable statutes, rules, ordinances, regulations or requirements (including, without limitation, zoning, environmental, ecological, landmark and all other applicable categories) affecting the Land. 7.4. Disclosure. The representations and warranties made to the Board by the Contracting Party contain no untrue statements of material facts, and the Contracting Party has not intentionally omitted to disclose any material fact. 11 CAUsers\kian_kamas\AppData\Local\Microsoft\Windows\Temporary Intemet Files\Content.Outlook\IR32ULOW\CityofOwassoDowntownNeighborhood- I - REIMBURSEMENT AGR.doc 7.5. Continuing Nature of Representations. Each of the representations and warranties set forth herein will be true on the date of each Advance hereunder, and the acceptance of any Advance hereunder by the Contracting Party shall be deemed to be a reaffirmation of each and every one of said representations and warranties. 8. REPRESENTATIONS AND WARRANTIES OF BOARD. The Board hereby represents and warrants to, and covenants with the Contracting Party as follows: 8.1. Authority, Approval and Enforceability. The Board has all requisite power and authority to execute and deliver this Agreement and to perform its obligations under this Agreement. This Agreement has been executed and delivered on behalf of the Board and constitutes a legal and binding obligation of the Board, enforceable against the Board in accordance with its terms. 8.2. Disclosure. The representations and warranties made to the Contracting Party by the Board contain no untrue statement of material fact and the Board has not intentionally omitted to disclose any material fact. 9. REMEDIES. Upon the occurrence of a Termination Event, the Board may, at its option: 9.1. Termination of Advances. Terminate the making of Advances. 9.2. Waiver of Termination Event. The Board may, at its option, by an instrument in writing signed by the Board, waive any Termination Event which shall have occurred and any consequences of such Termination Event and, in such event, the Contracting Party and the Board shall be restored to their former respective rights and obligations hereunder. Any Termination Event so waived shall, for purposes of this Agreement, be deemed to have been cured and not to be continuing; but no such waiver shall extend to any subsequent or other Termination Event or impair any consequence of such subsequent or other Termination Event or any of the Board's rights relating thereto. 9.3. Cumulative Remedies. The remedies herein provided shall be in addition to and not in substitution for the rights and remedies which would otherwise be vested in the Board in law or equity, all of which rights and remedies are specifically reserved by the Board. The remedies herein provided or otherwise available to the Board shall be cumulative and may be exercised concurrently. The failure to exercise any of the remedies herein provided shall not constitute a waiver thereof, nor shall use of any of the remedies hereby provided prevent the subsequent or concurrent resort to any other remedy or remedies which by this Agreement or by law or equity shall be vested in the Board. As a condition to any Advance after a Termination Event, the Board may require the completion of the Project by methods and in a manner satisfactory to the Board. 10. SUBSTANTIAL COMPLETION OF THE PROJECT. The Contracting Party shall complete the construction, equipping and furnishing of the Improvements in accordance with the Plans and submit to the Board a Certificate of Substantial Completion on or before September , 2012. 12 C:\Users\kian_kamas\AppData\Local\Microsoft\Windows\Temporary Intemet Files\Content.Outlook\1R32ULOW\CityofOwassoDowntownNeighborhood- I - REIMBURSEMENT AGR.doc 11. INSURANCE. The Contracting Party shall, at all times during the construction of the Improvements, maintain or cause the Contractors to maintain in full force and effect Builder's Risk Insurance. In addition, the Contracting Party shall cause the Contractors at all times during the construction of the Project to maintain general liability insurance in an amount reasonably required by the Board and shall cause the Contractors to maintain worker's compensation insurance as required by law. 12. CHANGE ORDERS. The Contracting Party shall deliver to the Board copies of all Change Orders within five (5) business days after the respective dates of approval thereof. 13. AUDIT. The Board shall have the right at all reasonable times during regular business hours to audit or cause the audit of the books and records of the Contracting Party pertaining to the acquisition, construction, equipping and furnishing of the Project and to audit or cause the audit of the administration of the acquisition, construction, equipping and furnishing of the Project. 14. COPIES OF FILED LIENS. The Contracting Party shall deliver to the Board copies of all mechanics', materialmen's or laborers' liens filed against the Improvements or the Land, within five (5) days after the Contracting Party's knowledge thereof. 15. GOVERNMENT REQUIREMENTS AND PUBLIC COMPETITIVE BIDDING ACT. The Contracting Party shall construct the Improvements in accordance with all applicable Government Requirements and shall, in connection therewith, comply with the Oklahoma Public Competitive Bidding Act of 1974 and any amendments thereto. 16. CONSTRUCTION CONTRACTS. The Contracting Party shall at all times comply with the terms and provisions of the Construction Contracts. 17. VISION 2025 SIGNAGE. The Board shall, at all times prior to July 1, 2017, have the right to place a sign or signs upon the Project identifying the Project as a Project funded by Vision 2025 Sales Tax. Such sign or signs and the location thereof shall be subject to the approval of the Contracting Party, which approval shall not be unreasonably withheld or delayed. 18. GENERAL CONDITIONS. The following conditions shall be applicable throughout the term of this Agreement. 18.1. Nonwaiver. No Advance hereunder shall constitute a waiver of any of the conditions of the Board's obligation to make further Advances, nor, in the event the Contracting Party is unable to satisfy any such condition, shall any such waiver have the effect of precluding the Board from thereafter declaring such inability to be a Termination Event as hereinabove provided. 18.2. The Board's Satisfaction. All proceedings taken in connection with the transactions provided for herein and all documents required or contemplated by this Agreement must be reasonably satisfactory to the Board. 13 C:\Users\kian_kamasWppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\IR32ULOW\CityofOwassoDowntownNeighborhood- 1 -REIMBURSEMENT AGR.doc 18.3. Establishment of Facts. If any condition of this Agreement requires the submission of evidence of the existence or nonexistence of a specified fact or facts or implies as a condition the existence or nonexistence, as the case may be, of such fact or facts, the Board shall, at all times, be free to independently establish to its satisfaction and in its absolute discretion such existence or nonexistence. 18.4. Relationship of Parties. The Board is neither a partner nor joint venturer with the Contracting Party or any other party in connection with the Project. The Board shall not in any way be liable or responsible by reason of the provisions hereof, or otherwise, for the payment of any claims growing out of the construction of the Improvements or the Land. 18.5. Conditions for Exclusive Benefit of the Board. All conditions of the obligations of the Board to make Advances hereunder are imposed solely and exclusively for the benefit of the Board and its assigns, and no other person shall have standing to require satisfaction of such conditions in accordance with their terms and no other person shall, under any circumstances, be deemed to be beneficiary of such conditions. 18.6. Notices. Any notice, request, complaint, demand, communication or other paper shall be sufficiently given and shall be deemed given when delivered or mailed by registered or certified mail, postage prepaid or sent by telegram, addressed as follows: Board: Board of County Commissioners 500 South Denver Tulsa OK 74103 Attn: Chairman With a copy to: Riggs, Abney, Neal, Turpen, Orbison & Lewis Attn: James C. Orbison Frisco Building 502 West Sixth Street Tulsa OK 74119 (918) 587-3161 (Phone) (918) 584-1603 (Fax) Contracting Party: City of Owasso, Oklahoma 111 North Main Street Owasso, OK 74055 Attn: City Manager 14 C:\Users\kian_kamas\AppData\Local\Microsoft\Windows\Temporary Intemet Files\Content.Outlook\1R32ULOW\CityofOwassoDowntownNeighborhood- 1 - REIMBURSEMENT AGR.doc The parties hereto may designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. The above addresses may be changed at any time upon written notice of such change sent by United States mail, postage prepaid to the other parties by the party effecting the change. 18.7. Termination of Previous Capital Improvements Agreement. The Previous Capital Improvements Agreement terminated on June 1, 2008. 18.8. Amendment; Waiver. This Agreement may not be amended, modified, waived, discharged or terminated in any way, except by an instrument in writing executed by all parties hereto; PROVIDED, HOWEVER, the Board may, in writing: (i) extend the time for performance of any of the obligations of the Contracting Party; (ii) waive any Termination Event by the Contracting Party; and (iii) waive the satisfaction of any condition that is precedent to the performance of the Board's obligations under this Agreement. In the event of a waiver of a Termination Event by the Board, such specific Termination Event shall be deemed to have been cured and not continuing, but no such waiver shall extend to any subsequent or other Termination Event or impair any consequence of such subsequent or other Termination Event. 18.9. Rights and Remedies. In the event of a breach of any of the covenants or agreements hereof by a party hereto, the other parties hereto shall be entitled to enforce and exercise all options, rights and remedies, jointly or in the alternative, provided by the Agreement, law or equity. 18.10 Governing Law. This Agreement shall be deemed to be a contract made under the laws of the State of Oklahoma and shall be construed by and governed in accordance with the laws of the State of Oklahoma. 18.11. Third Party Beneficiary. Nothing in this Agreement, express or implied, is intended to confer upon any person other than the parties hereto, and their respective successors and assigns, any rights or remedies under or by reason of this Agreement. 18.12. Prohibition Against Assignment. The Contracting Party shall not assign or transfer voluntarily or by operation of law or otherwise dispose of this Agreement or any rights hereunder, or any monies, property or funds deposited with the Board. An assignment or transfer in violation of this provision shall be invalid, and an assignment or transfer by operation of law shall be deemed to be an invalid transfer. 18.13. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto, with any and all prior agreements and understandings being merged herein. 18.14. Captions and Paragraph Headings. The captions and paragraph headings contained herein are included for convenience only and shall not be construed or considered a part hereof nor affect in any manner the construction or interpretation hereof 18.15. Time of Essence. Time is of the essence of this Agreement. 15 C:\Users\kian_kamas\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\IR32ULOW\CityofOwassoDowntownNeighborhood- I -REIMBURSEMENT AGR.doc 18.16. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. 18.17. Severability. Should any clause or provision of this Agreement be invalid or void for any reason, such invalid or void clause shall not adversely affect the remainder of this Agreement, and such remainder shall remain in full force and effect. 18.18. Invalidity of Provisions. If any term or provision of this Agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provisions hereof. If any provision of this Agreement is held invalid or unenforceable because the fulfillment of such provision would involve exceeding the limit of validity prescribed by law, then upon the occurrence of such circumstances, the obligation to be fulfilled shall be reduced to the limit of validity prescribed by law. If the provision of this Agreement which is found to be invalid or unenforceable cannot be modified so as to be enforceable under existing laws, this Agreement shall be construed and enforced as if such provision had not been included herein. IN WITNESS WHEREOF, the parties hereto have executed and delivered this Agreement as of the day and year first above written. "Contracting Party" CITY OF OWASSO, OKLAHOMA By- Name Title "Board" BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY By Name Title 16 C:\Users\kian_kamas\AppData\Local\Microsoft\Windows\Temporary Intemet Files\Content. Outlook\ I R32UL0W\CityofOwassoDowntown Neighborhood- I - REIMBURSEMENT AGR.doc EXHIBIT "A" DESCRIPTION OF PROJECT RAYOLA PARK IMPROVEMENTS The park serves is an important element of the City's park system and is a valuable open space serving the neighborhood, residents of the city and patrons of the adjacent YMCA. The project will improve the appearance and stability of the drainage way that runs through the park, will provide a continuous concrete walking path loop, will upgrade the site lighting, will provide ADA compliant handicap accessible entrances and will repair the two park bridges. The estimated cost for these improvements is $300,000. Funding for this project is available from three sources. Funds from the 2008-2009 Community Development Block Grant totaling $96,000, from the 2009-2010 Community Development Block Grant totaling $98,000 and the Vision 2025 grant totaling $114,346.39. EXHIBIT "B" DESCRIPTION OF LAND RAYOLA PARK IMPROVEMENTS The park consists of three parcels. The following is the legal description for each parcel. Parcel #1 BEG 177'W SE CR SE NE TH W 503'N 746'E TO WL STATE HWY DETT EASEMENT TH S ALONG HWY TO BEG SEC 30 21 14 Parcel #2 BEG 320'E OF NWC SE NE TH S 57178'E 380 N 573.78'W 380' TO POB SEC 30 21 14 Parcel #3 BEG 620'W OF NEC SE NE TH S 573.78'E 498.10' TO HWY N 375'W 291.55'N 200'W 206.55' TO BEG SEC 30 21 14 EXHIBIT "C" AUTHORIZATION AND CERTIFICATE OF PROGRAM MANAGER With a reference to the attached Advance Request in connection with the Owasso Downtown/Neighborhood Funds Project (the "Project"), I, the designated Program Manager in respect to the Project hereby find, certify and state with respect to the attached Advance Request, as follows: (a) The person, firm, corporation, partnership, or otherwise, to which payment is due has been properly entered in this form and to my knowledge constitutes an accurate identification of the creditor; and (b) the payment is a bona fide Cost of Construction as such term is defined in the Agreement; and (c) the amount to be paid is correct and accurate in accordance with the invoice and/or statement submitted by the Contracting Party; and (d) the obligation in the stated amount has been incurred by the Contracting Party and that each item thereof is a proper charge, and that payment of such obligation has not theretofore been made; and (e) that, to the best of my knowledge, after investigation and due inquiry, insofar as any such obligation was incurred for work, materials, equipment or supplies, such work was actually performed, or such materials, equipment or supplies were actually installed in furtherance of the construction of the Project or delivered at the site of the Project for that purpose, or delivered for storage or fabrication at a place or places approved by the Contracting Party and same is under control of the Contracting Party, or is a progress payment due on equipment being fabricated to order. (f) that certain Capital Improvements Agreement dated September , 2010, by and between the Contracting Party and the Board of County Commissioners of Tulsa County, Oklahoma relating to the Project (the "Agreement") is in full force and effect; that to the best of our knowledge after due inquiry and investigation, no event of default has occurred or is continuing under the terms of the Agreement; all conditions precedent to payment of the requisition set forth in the Agreement have been met; and payment of the requisition is proper pursuant to the terms of such Agreement. Date: PROGRAM MANAGER By Authorized Representative EXHIBIT "D" AUTHORIZATION AND CERTIFICATE OF PROJECT MANAGER With reference to the attached Construction Advance Request, the undersigned, , as the designated construction architect, engineer or project manager for the City of Owasso, Oklahoma (the "Contracting Party"), in connection with the Owasso Downtown/Neighborhood Funds Project (the "Project") hereby finds, certifies and states with respect to the attached Construction Advance Request as follows: (a) all construction of the Improvements. as defined in the Capital Improvements Agreement dated September , 2010, by and between the Contracting Party and the Board of County Commissioners of Tulsa County, Oklahoma, relating to the Project (the "Agreement"), has been done in accordance with the Plans (as defined in the Agreement); and (b) the Improvements can be completed in accordance with the Approved Budget (as defined in the Agreement); and (c) the persons, firms, corporations, partnerships, or otherwise, to which payment is due has been properly entered in the attached Application and Certificate for Payment and to my knowledge constitutes an accurate identification of the creditors; and (d) the payment is a bona fide Cost of Construction as such term is defined in the Agreement; and (e) the amount to be paid is correct and accurate in accordance with the invoices and/or statements submitted by the creditor; and (f) the obligation in the stated amount has been incurred by the Contracting Party and payment of such obligation has not yet heretofore been made; and (g) to the best of my knowledge, after investigation and due inquiry, insofar as any such obligation was incurred for work, materials, equipment or supplies, such work was actually performed, or such materials, equipment or supplies were actually installed in furtherance of the construction of the Project or delivered at the site of the Project for that purpose, or delivered for storage or fabrication at a place or places approved by the Contracting Party and same is under control of the Contracting Party, or is a progress payment due on equipment being fabricated to order. Dated: By: Authorized Officer of the [Architect] [Engineer] [Project Manager] EXHIBIT "E" CONSTRUCTION ADVANCE REQUEST TO: Board of County Commissioners of Tulsa County, Oklahoma c/o Program Manager FROM: City of Owasso, Oklahoma (the Contracting Party) Pursuant to the Capital Improvements Agreement dated September , 2010 (the "Agreement"), by and among the Board of County Commissioners of Tulsa County, Oklahoma (the "Board"), and the City of Owasso, Oklahoma, a municipal corporation (the "Contracting Party"), the Contracting Party hereby requests the Board to cause its Depository to disburse the amount set forth in the attached Application and Certificate for Payment to the parties set forth therein for the account of the Contracting Party. The Contracting Party does hereby certify to the Board that, as of the date hereof, (i) the representations and warranties of the Contracting Party in the Agreement are hereby ratified and confirmed; (ii) the requested disbursement is for the payment of Costs of Construction as defined in the Agreement; (iii) each obligation described in the attached Application and Certificate for Payment has been properly incurred and is now due and unpaid and that insofar as such obligation was incurred for work, materials, equipment or supplies, such work was actually performed, and such materials, equipment or supplies were actually installed or delivered to or for the Project (as defined in the Agreement); (iv) there has not been filed with or served upon the Contracting Party notice of any lien, right to lien or attachment upon, or claim affecting the right to receive payment of, any of the monies payable to any of the persons, firms or corporations named in the attached Application and Certificate for Payment, which has not been released or will not be released simultaneously with the payment of such obligation; (v) the Agreement is in full force and effect; (vi) no event of default has occurred or is continuing under the terms of the Agreement; and (vii) all conditions precedent to payment of the requested Construction Advance herein have been met and payment of such obligations is proper pursuant to the terms of the Agreement. Date: CITY OF OWASSO, OKLAHOMA By: Authorized Officer of the Contracting Party APPROVED: BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY, OKLAHOMA By: Chairman EXHIBIT "F" NON-CONSTRUCTION ADVANCE REQUEST TO: Board of County Commissioners of Tulsa County, Oklahoma FROM: City of Owasso, Oklahoma (the Contracting Party) Pursuant to the Capital Improvements Agreement dated September , 2010, (the "Agreement"), by and among the Board of County Commissioners of Tulsa County, Oklahoma (the "Board"), and the City of Owasso, Oklahoma, a municipal corporation (the "Contracting Party"), the Contracting Party hereby requests the Board to cause its Depository to disburse the amount of $ to the parties set forth below for the following purposes: Payees Purposes The Contracting Party does hereby certify to the Board that, as of the date hereof, (i) the representations and warranties of the Contracting Party in the Agreement are hereby ratified and confirmed; (ii) the requested disbursement is for the payment of Costs of Construction as defined in the Agreement; (iii) each obligation described above has been properly incurred; (iv) the Agreement is in full force and effect; (v) no event of default has occurred or is continuing under the terms of the Agreement; and (vi) all conditions precedent to the payment of the requested Non-Construction Advance herein have been met and payment of such obligations is proper pursuant to the terms of the Agreement. Date: CITY OF OWASSO, OKLAHOMA By: Authorized Officer of the Contracting Party APPROVED: BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY, OKLAHOMA By: Chairman TABLE OF CONTENTS 1. DEFINITIONS .......................................................................................................................1 1.1. "Advance" .1 1.2. "Application and Certificate for Payment" .2 1.3. "Approved Budget" ....................................................................................................2 1.4. "Architect" ..................................................................................................................2 1.5. "Architect/Engineer Agreement " ...............................................................................2 1.6. "Authority„ .................................................................................................................2 1.7. "Authorization and Certificate of Program Manager" 2 1.8. "Authorization and Certificate of Project Manager" ..................................................2 1.9. "Bidding Documents" 2 1.10. "Builder's Risk Insurance" 2 1.11. "Certificate of Completion" 3 1.12. "Change Orders" 3 1.13. "Construction Advance" 3 1.14. "Construction Advance Request" 3 1.15. "Construction Contracts" 3 1.16. "Construction Schedule" 3 1.17. "Contracting Party„ 3 1.18. "Contractors" 3 1.19. "Cost of Construction" 3 1.20. "County„ 3 1.21. "Depository„ 3 1.22. "Engineer" 3 1.23. "Governmental Approvals" 4 1.24. "Governmental Authority„ 4 1.25. "Government Requirements" 4 1.26. "Improvements" 4 1.27. "Land" 4 1.28. "Maximum Amount of Advances" 4 1.29. "Non-Construction Advance Request" 4 1.30. "Non-Construction Advance" 4 1.31. "Opinion of Contracting Party's Counsel" 4 1.32. "Payment and Performance Bonds" 5 1.33. "Plans" 5 1.34. "Previous Capital Improvements Agreement" 5 1.35. "Program Manager" 5 1.36. "Project 5 1.37. "Project Manager" 5 1.38. "Project Manager Agreement" 5 1.39. "Sales Tax" 5 1.40. "Termination Event" 5 1.40.1. Breach of Covenants 6 1.40.2. Representations and Warranties 6 1.40.3. Insolvency 6 2. OBLIGATION OF BOARD TO MADE ADVANCES 6 3. CONDITIONS PRECEDENT TO THE BOARD'S OBLIGATION TO MAKE THE INITIAL ADVANCE .............................................................................................................6 4. CONDITIONS PRECEDENT TO BOARD'S OBLIGATION TO MAKE CONSTRUCTION ADVANCES .........................................................................................7 5. CONDITIONS PRECEDENT TO BOARD'S OBLIGATION TO MAKE NON- CONSTRUCTION ADVANCES .........................................................................................8 6. DISBURSEMENT PROCEDURE .......................................................................................9 6.1. Request for Construction Advance ..9 6.2. Request for Non-Construction Advance ..9 6.3. Board's Inspection 10 6.4. Disbursements 10 6.5. Maximum Amount of Advances 10 6.6. Date after which Advances Cease 10 6.7. Advances Solely from Sales Tax 10 6.8. Advances Subject to Annual Appropriation 10 6.9. Subordination of Obligation to Make Advances 10 6.10. Construction Retainage 10 7. REPRESENTATIONS AND WARRANTIES OF CONTRACTING PARTY 11 7.1. Existence and Qualification 11 7.2. Authority, Approval and Enforceability 11 7.3. No Violations 11 7.4. Disclosure 11 7.5. Continuing Nature of Representations 12 8. REPRESENTATIONS AND WARRANTIES OF BOARD 12 8.1. Authority, Approval and Enforceability 12 8.2. Disclosure 12 9. REMEDIES 12 9.1. Termination of Advances 12 9.2. Waiver of Termination Event 12 9.3. Cumulative Remedies 12 10. SUBSTANTIAL COMPLETION OF THE PROJECT 12 11. INSURANCE 13 12. CHANGE ORDERS 13 13. AUDIT 13 14. COPIES OF FILED LIENS 13 15. GOVERNMENT REQUIREMENTS AND PUBLIC COMPETITIVE BIDDING ACT 13 16. CONSTRUCTION CONTRACTS 13 17. VISION 2025 SIGNAGE 13 18. GENERAL CONDITIONS 13 18.1. Nonwaiver 13 18.2. The Board's Satisfaction 13 18.3. Establishment of Facts 14 18.4. Relationship of Parties 14 18.5. Conditions for Exclusive Benefit of the Board 14 18.6. Notices 14 ii 18.7. Termination of Previous Capital Improvements Agreement 15 18.8. Amendment; Waiver 15 18.9. Rights and Remedies 15 18.10. Governing Law 15 18.11. Third Party Beneficiary 15 18.12. Prohibition Against Assignment 15 18.13. Entire Agreement 15 18.14. Captions and Paragraph Headings 15 18.15. Time of Essence 15 18.16. Binding Effect 16 18.17. Severability 16 18.18. Invalidity of Provisions 16 LIST OF EXHIBITS Exhibit "A" Description of Project Exhibit "B" Description of Land Exhibit "C" Authorization and Certificate of Program Manager Exhibit "D" Authorization and Certificate of Project Manager Exhibit "E" Construction Advance Request Exhibit "F" Non-Construction Advance Request iii OWASSO DOWNTOWN/NEIGHBORHOOD FUNDS PROJECT CAPITAL IMPROVEMENTS AGREEMENT by and between BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY, OKLAHOMA and CITY OF OWASSO, OKLAHOMA Dated September, , 2010 0 The City g4~ - V Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Bradd K, Clark Fire Chief SUBJECT: Hydraulic Rescue Tool Bid Award DATE: September 3, 2010 BACKGROUND: In October 2009, the Owasso City Council awarded a bid for a new fire engine to Pierce Manufacturing. The new fire engine has been received and is in operation at Fire Station No. 3. To complete the integration of the new fire engine, staff has planned budget priorities and budget allocations to completely outfit the new fire engine with the array of equipment utilized on Owasso fire apparatus. The FY 2010-11 Fire Capital Budget includes funding for the purchase of a set of hydraulic rescue tools. Hydraulic rescue tools are used to disentangle victims and aid in their removal from vehicle or industrial accidents, or anytime victims are unable to free themselves. Commonly referred to as the Jaws of Life, these tools are parts of the rescue response of the Fire Department, Purchasing the hydraulic rescue tool set for the fire engine at Station No, 3 will complete the goal of having a set of hydraulic rescue tools at each fire station. The long-term goal of the fire department has been to distribute a full set of hydraulic rescue tools to each fire station, so that no matter which fire station remains available after overlapping emergency incidents, the capability to recue trapped victims is maintained. BIDS RECEIVED: A bid opening was held at the Owasso City Hall on August 26, 2010 at 2;00 PM, with five bids received from four vendors. The bids were evaluated and compared to the bid specifications by Fire Department staff, In addition, Fire Administrators evaluated the bid prices in comparison to previous rescue tool purchases. BID RESULTS: The five bids were evaluated and compared to the bid specifications. There were no significant concerns about any of the tool manufacturer's ability to comply with the intent of the bid specifications, but three bids met 100% of the specifications (both TNT Rescue bids and the Holmatro bid). TNT Bid #2 was determined to be the best overall bid, both for the quality of the tool set specified and the best overall cost. The fire department also already owns and operates one set of TNT rescue tools, The bid prices were as follows: Tool Brand Bid Price Number of Criteria Met of 52 TNT Bid # 1 $24,770 52 TNT Bid # 2 $26,020 52 Hurst $26,295 39 Amkus $27,434 48 Holmatro $33,007 52 PROJECT FUNDING: The FY 2010-11 Fire Capital Budget includes funds in the amount of $36,000 for rescue equipment for fire engine # 3. RECOMMENDATION: Staff recommends City Council award the bid for the purchase of the TNT hydraulic rescue tool set to Okie Extrication, and authorize final payment in the amount of $26,020, ATTACHMENT: A. Bid Comparison Sheet Critical Specification TNT TNT Hurst Amkus Holmatro Total specified items 52 52 52 39 48 52 Total system price $24,770 $26,020 $26,295 $27,434 $33,007 General 2 bus. day tool replacement X X X X X 16 hours of training X X X X X Spreader 28" at the tips X X X X X Max. 65 pounds X X X X X Twist handle X X Alternative X X Quick connects X X X X X Warranty X X Alternative X X NFPA rated, 2010 X X X X X Cutter Blade opening 6" X X X X X High strength blades X X X X X Max. 65 pounds X X X X X Twist handle X X Alternative X X Quick connects X X X X X Warranty X X Alternative X X NFPA rated, 2010 X X X X X Confined Space Cutter (CSC) Min. 1 1/z" opening X X X X X Max. 15 pounds X X X X X High strength blades X X X X X Quick connects X X X Alternative X Warranty X X X X X Combination Tool Min. 12" opening & 6" cut X X X X X Max. 65 pounds X X X X X High strength blades X X X X X Twist handle X X Alternative X X Quick connects X X X X X Warranty X X Alternative X X NFPA rated, 2010 X X X Alternative X Critical Specification TNT TNT Hurst Amkus Holmatro Primary Ram Min. extended length 29" X X X X X Max. weight pounds 45 X X X X X Tip/teeth on Ram tip & base X X Alternative X X Twist handle X X Alternative X X Quick connects X X X X X Warranty X X Alternative X X NFPA rated, 2010 X X X Alternative X Secondary Ram Min. extended length 40" X X X X X Max. weight pounds 45 X X X X X Tip/teeth on Ram tip & base X X Alternative X X 0 The Citmd~ V y Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Julie Trout Lombardi City Attorney SUBJECT: Proposed Renewal of Contract with Youth Services of Tulsa Inc. for management and Operation of the Owasso Youth Court DATE: September 3, 2010 BACKGROUND: The City of Owasso began contracting with Youth Services, Inc. in 2008 for implementation and operation of the Owasso Youth Court and the City Council approved a renewal of the contract in 2009 which will expire on September 30, 2010. The contract provides that Youth Services will employ its specialized knowledge, skill, and experience with trained personnel to administer and oversee a Youth Court in Owasso. Fulfillment of this goal requires recruitment and training by Youth Services of both attorney advisors and teen volunteers within the Owasso community. In addition, Youth Services employs a full-time coordinator based in Owasso to manage the Youth Court and provides counseling services as needed and recommended by the Municipal Court, Youth Services assumes all responsibility for the Youth Court's scheduling, documentation and administrative operations and is required to work closely with the City's Municipal Court and staff to effectuate these duties, From July 1, 2009 through June 30, 2010 eighty-three youth had their offenses adjudicated in the Owasso Youth Court, and numerous referrals were made by the Municipal Court for counseling services, The Youth Court currently has six attorney advisors and approximately twenty-five youth volunteers. The Municipal Court continues to increase the number of referrals, as appropriate, to the Youth Court. As a result, the Youth Court has increased its monthly court sessions from two to three in order to effectively meet the rising need. All aspects of the Youth Court, including prosecution, defense and sentencing of the youth offenders, continue to be conducted solely by teen volunteers from Owasso who receive numerous hours of instruction and training prior to participation in court proceedings. The terms of the Youth Court contract are unchanged, despite the increase in court sessions from two to three times per month, from the original contract in 2008 (other than the effective dates and a provision providing local, onsite office space for Youth Services personnel in the Old Central building). Compensation under the contract remains at $45,000 for 2010-2011, payable in twelve equal monthly payments. If renewed, the new contract will become effective on October 1, 2010 and will terminate on September 30, 2011, Based upon the Owasso Youth Court program's success and achievements during its first two years of operation, staff recommends renewal of the contract for an additional year. RECOMMENDATION: Staff recommends City Council approval of the renewal agreement between Youth Services, Inc. and the City of Owasso for the purpose of providing Youth Court services; and authorization for the City Manager to execute the contract, ATTACHMENT: A. 2010-2011 Youth Services, Inc. Contract AGREEMENT BETWEEN THE CITY OF OWASSO AND YOUTH SERVICES, INC. FOR THE DEVELOPMENT AND MANAGEMENT OF THE OWASSO YOUTH COURT The City of Owasso, Oklahoma (hereinafter referred to as "City") and Youth Services of Tulsa County, Inc. (hereinafter referred to as "Youth Services") agree as follows: The City has determined there is a need to provide an alternative to prosecution for first time, non-violent and non-felony juvenile offenders who have committed offenses which would normally be heard in the City of Owasso's Municipal Court. The City further finds that Youth Services has significant experience implementing and facilitating alternative venues known as Youth Courts within Tulsa County, and that Youth Services is comprised of knowledgeable people having many years experience in this field who are able to operate a Youth Court. Based upon the need faced by the City of Owasso to provide prosecution alternatives to traditional sentencing of juveniles in the municipal court setting, and upon the expertise and ability of Youth Services to establish and operate youth courts, the City and Youth Services hereby agree to mutually execute a contract to continue funding and operation of a juvenile court program. The Owasso Youth Court will be conducted by youth peers who have successfully completed the mandatory training program conducted by Youth Services. All aspects of the Owasso Youth Court shall be conducted by volunteer youth including prosecution, defense and sentencing. The terms of this Agreement shall be effective on October 1, 2010, and shall expire on September 30, 2011. This Agreement shall not renew automatically and will terminate on September 30, 2011, unless an extension of this Agreement, in writing, is executed by The City of Owasso and Youth Services of Tulsa County, Inc. prior to the termination of the Agreement. The City shall pay Youth Services forty-five thousand dollars ($45,000) as total compensation for operation of a Youth Court for one year, including the employment of a full-time coordinator who will oversee and manage the daily operations of the Owasso Youth Court. The total sum of compensation shall be paid to Youth Services in twelve (12) equal monthly payments. Youth Services shall employ personnel with the necessary degree of knowledge, experience, training and credentials to facilitate and operate the Youth Court, and shall at all times during the pendency of this Agreement employ at least one (1) person to serve as a full-time coordinator to supervise, direct and oversee the Owasso Youth Court and serve as a liaison between the City and Youth Services. As partial compensation for this Agreement, the City shall provide two (2) office spaces in the Old Central Building for the full-time coordinator of the Owasso Youth Court and a counselor. Youth Services shall fully train all youth peers who make application and are selected by Youth Services to participate as youth volunteers in the Youth Court program. Youth Services will work with the Owasso schools to recruit youth desiring to serve in the program and will be responsible for providing the required training before youth volunteers may serve in any official capacity within the program. Youth Services will also work with the City to obtain a list of 1 attorneys who might be willing to serve as attorney advisors to the Youth Court program, and shall take all other actions necessary to ensure that each Youth Court session shall have an attorney advisor present. Youth Services shall be an independent contractor under this Agreement. This Agreement shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association between the City and Youth Services or its officers, employees, contractors or representatives for any purpose. Youth Services shall bear the sole responsibility and liability for furnishing Workers' Compensation benefits to any employee (other than staff members of the City of Owasso) or other person for injuries from or connected with services performed pursuant to this Agreement. As partial consideration for this Agreement, Youth Services agrees to indemnify, defend (at the City's option), and hold harmless the City, its employees, officials, agents, representatives and volunteers from and against any and all liabilities, damages, injuries (excluding death), property damage (including loss of use), claims, liens, judgments, costs, expenses, suits, actions, or proceedings and reasonable attorney's fees, and actual damages of any kind or nature, arising out of or in connection with any of the acts, omissions, negligence or willful misconduct of Youth Services, its employees, agents, officers, contractors, or their performance or failure to perform under the terms and conditions of this Agreement. Such indemnification, hold harmless and defense obligation shall exclude only such liability actions as arise directly out of the sole negligence or willful misconduct of the City and in accordance with the terms, conditions and exceptions contained in the Governmental Tort Claims Act. The indemnification and defense obligations set forth herein shall survive the termination of this Agreement Without limiting the City's right to indemnification, Youth Services and each of its contractors shall obtain no less than, or on terms more restrictive than, the following: General Liability Insurance covering all premises and activities, with an applicable limit of liability not less that One Million Dollars ($1,000,000.00) per claimant; One Million Dollars ($1,000,000.00) annual aggregate; and Comprehensive Automobile Liability Insurance applicable to all owned, hired and non-owned vehicles in an amount not less than One Million Dollars ($1,000,000.00) per occurrence; and Worker's Compensation Insurance Coverage in compliance with the Worker's Compensation Laws of the State of Oklahoma. Youth Services shall include the City as an Additional Insured on all required insurance policies. Youth Services shall also require its contractors to list the City as an Additional Insured. Youth Services shall submit certificates of insurance to the City's Risk Manager for approval prior to allowing any individuals to engage in any activities under this Agreement. Youth Services and its contractors shall maintain the required insurance with insurers that carry a Best's "A" rating and which are licensed and admitted to write insurance in Oklahoma. Failure of Youth Services or its contractors to obtain and maintain any required insurance shall not relieve Youth Services from any liability hereunder. Such coverage shall not be canceled or materially changed without giving the City at least thirty (30) days prior written notification thereof. This Agreement shall be subject to termination if Youth Services fails to keep, perform and observe all promises, covenants, conditions and agreements set forth in this Agreement. Any waiver of any breach of any one or more of the covenants, conditions, terms and agreements 2 herein contained shall not be construed to be a waiver of any subsequent or other breach of the same or of any other covenant, condition, term or agreement herein contained, nor shall failure to require exact, full, and complete compliance with any of the covenants, conditions, terms or agreements herein contained be construed as in any manner changing the terms of this Agreement or stopping the City from enforcing the full provisions thereof. Neither this Agreement, nor any of the rights hereunder, shall be sold, assigned, or encumbered by Youth Services. This Agreement shall be construed under the laws of the State of Oklahoma. Exclusive original jurisdiction and venue for any action relating to this Agreement shall be solely in the Tulsa County District Courts of Oklahoma. This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all proposals, oral or written, and all other communications between the parties with respect to the subject matter of this Agreement. This document may be modified only by further written agreement. Any such modification shall not be effective unless and until executed by the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter set forth. Executed the day of September, 2010. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter set forth. CITY OF OWASSO: YOUTH SERVICES: Rodney J. Ray City Manager James M. Walker Executive Director Attest: Sherry Bishop City Clerk 3 Approved as to Form: al. , Aulie Lombardi City Attorney and General Counsel