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BOARD OF CITY COMMISSIONERS SPECIAL MEETING WEDNESDAY, MARCH 25, 2015 9: 30 A. M. City Council Chambers 111 North Elm AGENDA 1. Meeting called to order 2. Declaration of a quorum 3. Consider Adopting Resolution 2015- 07, Authorizing Approval of an Amendment to the Oklahoma Municipal Retirement Fund Trust Indenture Pages 3- 38) 4. Consider Approval of Request to Purchase one ( 1), 1 ton Cab & Chassis 4x4 with Skid Unit ( Grass Fire Unit) via the Sequoyah County Clerk Using the Sequoyah County Fire Department Sales Tax Revolving Fund ( Page 39) 5. Consider Items Related to the Purchase of Vehicles for the Police and Fire Department ( Pages 40- 55) a) Consider approval of staff' s request to purchase four ( 4) 2015 Chevrolet Tahoe Police Package Vehicles and one ( 1) 2015 Chevrolet LT 4WD Pickup from Hudiburg Auto Group of Midwest City, OK in the amount of$ 145, 883. 00 b) Consider approval of Purchase Order # 63559, issued to SMILES of Fort Smith, AR in the amount not to exceed $ 28, 000. 00 for outfitting the four police units c) Consider Approval of Resolution 2015- 08; A Resolution Authorizing Execution of Lease Purchase on Vehicles 1 of 59

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Page 1: Pickup from Hudiburg Auto Group of Midwest City, OK in the

BOARD OF CITY COMMISSIONERS

SPECIAL MEETING

WEDNESDAY, MARCH 25, 2015

9: 30 A.M.

City Council Chambers111 North Elm

AGENDA

1. Meeting called to order

2. Declaration of a quorum

3. Consider Adopting Resolution 2015- 07, Authorizing Approval of an

Amendment to the Oklahoma Municipal Retirement Fund Trust Indenture

Pages 3- 38)

4. Consider Approval of Request to Purchase one ( 1), 1 ton Cab & Chassis 4x4

with Skid Unit (Grass Fire Unit) via the Sequoyah County Clerk Using theSequoyah County Fire Department Sales Tax Revolving Fund (Page 39)

5. Consider Items Related to the Purchase of Vehicles for the Police and Fire

Department (Pages 40- 55)

a) Consider approval of staff' s request to purchase four (4) 2015 Chevrolet

Tahoe Police Package Vehicles and one ( 1) 2015 Chevrolet LT 4WD

Pickup from Hudiburg Auto Group of Midwest City, OK in the amountof$ 145, 883. 00

b) Consider approval of Purchase Order #63559, issued to SMILES of Fort

Smith, AR in the amount not to exceed $28, 000.00 for outfitting the fourpolice units

c) Consider Approval of Resolution 2015- 08; A Resolution AuthorizingExecution ofLease Purchase on Vehicles

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AGENDA MARCH 25, 2015

6. Consider Approval of Items Related to the Construction of the New Animal

Shelter (Pages 56- 59)

a) Consider Award of Bid to, and Approval of Contract with, B& B

Welding, Inc. of Sallisaw, Oklahoma, in the Amount of $125, 158. 88,

for the Construction of a New Animal Shelter

b) Consider Approval of Staff Request for Additional Funding in anamount not to exceed $ 10, 000.00, to Allow City Personnel to ConstructKennels and Provide Basic Needs of the Shelter

7. Discussion and Possible Action Concerning Temporary City Manager

8. Adjourn

Posted: March 20, 2015

Time: / : a21 P.m.

Dianna Davis

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AGENDA ITEM COMMENTARY

ftAHOt`

MEETING DATE: March 25, 2015 BOARD: City Commission

ITEM TITLE: Consider Adopting Resolution No. 2015- 07, Authorizing Approval of anAmendment to the Oklahoma Municipal Retirement Fund Trust Indenture

INITIATOR: Oklahoma Municipal Retirement Fund ( OMRF)

STAFF INFORMATION SOURCE: City Manager

BACKGROUND: The Board of Trustees of the Oklahoma Municipal Retirement Fund haveapproved an Amended and Restated Trust Indenture of the OklahomaMunicipal Retirement Fund which makes various amendments to the Trust for

purposes of allowing daily valuations and rules and procedures for accountingof assets in the Master Defined Contribution Plan.

An amendment can only become effective upon approval by a two- thirds( 2/ 3)majority of the participating employers in the Oklahoma Municipal RetirementFund. Even though the City of,S'ullisaw is not a defined contribution plan andthe amendment does not impart our plan. we still need to vole on theamendment.

A Resolution approved by the governing body is required to be submitted toOMRF on or before May 15. 2015. lithe changes are approved, the City willreceive a copy of the updated Trust Indenture for its tiles.

EXHIBITS: I. etter from OMRF with Trust Indenture attached

Resolution No. 2015- 06

KEY ISSUES: None; changes do not impact the City of Sallisaw retirement plan.

FUNDING SOURCE: Not applicable.

RECOMMENDATION: Adoption of Resolution No. 2015- 06, approving amendment of' theTrust Indenture of the Oklahoma Municipal Retirement Fund.

gcnUa Tian- Page I of

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u1,mss

Proposed

f 1

IAmendment, Restatement and Continuatio

Trust Indenture explanationVAR 1 2 2015

Oklahoma • Municipal • Retirement • Fund

Each Oklahoma Municipal Retirement Fund (OkMRF) member ope ates under two documents —the Master Plan Document with Joinder Agreement and the Trust Indenture. 1'. ° '• • e

provides for the organization and administrative procedures of the OkMRF trust. In order for

any changes to be made to the Trust Indenture, two- thirds of the OkMRF membership mustapprove the change.

Before you is a request from the OkMRF trustees to approve an Amended and Restated Trust

Indenture. The change does not directly impact the Defined Benefit ( DB) plans or any pensionbenefits. It does impactmembers with Defined Contribution QS;,jnd related CustomizedManager Option (CMO) plan(s). Yet, it requires each of you to consider a resolution ballot to

secure the two- thirds vote.

Up until this proposed amendment, the applicable rules for DB, DC and CMO members wereidentical. With the amendment before you, OkMRF is suggesting separate accounting rules forthe Defined Contribution Systems. ' Phis would be a favorable and welcomed change to enable

DC/ CMO participants to obtain their individual balances on a daily basis rather than monthly.

DB Members action required:

After voting and returning the enclosed resolution on the Trust Indenture amendment, there willbe no further action needed.

DC and CMO Members further action required:

After voting and returning the enclosed resolution on the Trust Indenture amendment, providedamendment passes, the trust Administrator will then forward a related Master Plan Document

with Joinder Agreement that will need to be presented to your governing body for approval andsignature. The revised Master Plan with Joinder Agreement will include the updated IRS

approved plan document along with necessary changes to implement daily recordkeeping.

The affected sections as outlined and explained on the attached MEMORANDUM are alsohighlighted for your convenience on the Trust Indenture attached to the Resolution as Exhibit

1” and will go into effect at a later date which will be certified by the OkMRY Trustees after;Two- third majority vote is secured;Contracts for daily recordkeeping with related vendors arc properly in place; andIndividual DC and CMO Master Plans with Joinder Agreements are signed and received.

Enclosed please find a resolution which should be submitted to your Retirement Committee

governing body) for approval on your next available Council/ Board meeting date. Acertified copy of the resolution needs to be returned to the OkMRF offices on or 1.2y May 15,2015. When necessary votes arc received and effective date certified, we will forward the updated

IndentureIndenture document for your files.

Thank-you for taking the time to have your governing body address this simple but importantchange. OkMRF is super excited to effect this type of change for DC/ CMO plan participants tohave account balances., distributions, loans, etc. updated and processed more frequently.

Please call Jodi Cox, Chris Whatley or Kari Baser with any questions you might have at ext. 102,103 and 104, respectively.

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IPMRFOklahoma • Municipal • Retirement • Fund

MEMORANDUM

TO: Oklahoma Municipal Retirement Fund

FROM: Jodi S. Cox, Executive Director& CEO

DATE: March 10, 2015

RE: Oklahoma Municipal Retirement Fund Trust Indenture Amendment and

Restatement— Summary of Material Changes

The following summary compares the old version of the Oklahoma Municipal Retirement FundTrust Indenture with proposed version as set before you for approval.

Trust Indenture Amendment and Restatement

Sec. Feature Current Version Newly-Approved Version

1. 2 Continuation of None. Trustees will certify effective dateTrust of trust indenture upon acquiring

2/ 3 votes, securing applicablevendor contracts and obtainingindividual DC/ CMO master plan

documents with joinders.

2. 1 Definitions None. Daily Valuation Date defined.

4. 2 Valuations DB and DC Systems valued DB Systems remain monthly. DCmonthly. Systems valued each Daily

Valuation Date.

4. 3 Units of DB and DC Systems unitized DB Systems unitized using sameParticipation using same method. unit method. DC Systems can be

unitized using units or dollars.

5. 2 Costs and Did not address individual Provides for a means to charge a

Expenses participant fees. DC plan participant individually, ifthey want specialized services,such as, but not limited to: loans,

investment advice, brokerage fees,

etc.

6. 3 Required None. Recordkeeper(s) defined.

Appointments

1 -

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RESOLUTION NO. 02d/ 5- 67

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SALLISAW

APPROVING AN AMENDED AND RESTATED TRUST INDENTURE FOR THE

OKLAHOMA MUNICIPAL RETIREMENT FUND; PROVIDING

AMENDMENTS TO THE TRUST TO AUTHORIZE DAILY VALUATIONS AND

DAILY ACCOUNTING FOR ASSETS WITHIN THE MASTER DEFINED

CONTRIBUTION PLANS ADMINISTERED BY OKLAHOMA MUNICIPAL

RETIREMENT FUND; PROVIDING FOR DAILY VALUATION OF

PARTICIPANT ACCOUNTS IN THE DEFINED CONTRIBUTION PLANS

ADMINSTERED BY OKLAHOMA MUNICIPAL RETIREMENT FUND AND

PROVIDING PROCEDURES AND RULES FOR ACCOUNTING OF SUCH

ASSETS; PROVIDING FOR EFFECTIVE DATE OF AMENDED AND

RESTATED TRUST INDENTURE AND CONTINUING EXISTING TRUST AS

AMENDED IN FULL FORCE AND EFFECT.

WHEREAS, the Board of Trustees of Oklahoma Municipal Retirement Fund

have approved an Amended and Restated Trust Indenture of the Oklahoma Municipal

Retirement Fund which makes various amendments to the Trust for purposes of allowing

daily valuations and rules and procedures for accounting of assets in the Master DefinedContribution Plan which amendment is attached hereto as Exhibit" 1"; and,

WHEREAS, the amendment can only become effective upon approval by a two-thirds ( 2/ 3) majority of the participating employers in the Oklahoma MunicipalRetirement Fund.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofSallisaw that the attached amendment to the Oklahoma Municipal Retirement Fund Trust

Indenture is approved.

END***

The foregoing Resolution was duly adopted and approved by the City Council ofthe City of Sallisaw, on the RS" day of 2015, after compliance

with notice requirements of the Open Meeting Law( 25 OSA, Sections 301, et seq.).

MAYOR/CHAIRMAN

ATTEST:

CLERK/ SECRETARY

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Highlighted

Material changes

EXHIBIT 1

TRUST INDENTURE

ESTABLISHING

OKLAHOMA MUNICIPAL RETIREMENT FUND

OkMRI I nu( Ind pmprncd ihangcs tin D('& CMO lady wish material changes highlighted

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TRUST INDENTURE

OKLAHOMA MUNICIPAL RETIREMENT FUND

Table of Contents

Page No.

AR'T' ICLE I Name 1- 1

1. 1 Name I- 1

1. 2 Continuation of Trust I- 1

ARTICLE 11 Definitions and Construction II- 1

2. 1 Definitions II- 1

2. 2 Constriction 1I- 2

ARTICLE III Trustees III- 1

3. 1 Existing Trustees Ill- 1

3. 2 Creation of District Boundaries 1II- 1

3. 3 Number of Trustees and Nominations I ll- l

3. 4 Elections 11I- 1

3. 5 Transitional Provisions III-2

3. 6 Terms of Office 111- 2

3. 7 Bonding Requirements III- 2

3. 8 Filling Vacancies 111- 2

3. 9 Officers and Duties 111- 2

3. 10 Office, Records and Meetings III-3

3. 11 Meetings III- 3

3. 12 Quorum III- 3

3. 13 Compensation 11I- 3

3. 14 Systems for Reference III- 3

3. 15 Qualifications, Disqualification, and Limitations 111- 4

ARTICLE IV Trust Assets IV- 1

4. 1 Assets and Interests IV- l

4. 2 Valuations IV- 1

4. 3 Units of Participation IV.. 1

ARTICLE V Trust Expenses . V- I

5. 1 Repealed April 1, 1991 V- 1

5. 2 Costs and Expenses V- 1

5. 3 Repealed April 1, 1991 V- 1

5. 4 Repealed April 1, 1991 V- 1

5. 5 Equipment and Supplies V- 1

5. 6 Budget V- I

ARTICLE VI Administration and Management VI- 1

6. 1 " Trustees Responsible VI- 1

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6. 2 Appointment of Advisors and Others VI- 1

6. 3 Required Appointments VI- 1

ARTICLE VII Retirement Committee and Authorized Agent VII- 1

7. 1 Retirement Committee VII- 1

7. 2 Authorized Agent VII- 1

7. 3 Notice to Trustees V11- 1

7. 4 Authority of Retirement Committee VI1- I

ARTICLE VIII Contributions VIII- 1

8. 1 Trustees Accountable VIII- 1

8. 2 Delivery to Trustees VIII- 1

ARTICLE IX Payments From Trust Assets IX- 1

9. 1 Direction by Retirement Committee IX- 1

9. 2 Withholding and Releases IX- 1

9. 3 Exemption of Assets-- Restraints on Alienation. IX- 1

9. 4 Payment of Taxes IX- 2

9. 5 Benefit Payments IX- 2

ARTICLE X Investment of Trust Assets X- 1

10. 1 Authorization of Trustees X- 1

10. 2 Limitation of Investments X- 1

ARTICLE XI Accounting and Mechanical Operation of the Trust XI- 1

11. 1 Deposit of Contributions XI- 1

11. 2 Subsidiary Ledgers XI- 1

11. 3 Investment of Funds XI- 1

11. 4 Liquidating Payments XI-2

11. 5 Records of Securities Custodian XI- 2

ARTICLE XII Rights of Trustees XII- 1

12. 1 Enumeration of Rights XII- 1

12. 2 Protection by Written Directions XII- 1

12. 3 Advice of Counsel XII- 2

12. 4 Indemnification of Trustee XII-2

ARTICLE XIII Accounts of the Trustee XIII- 1

13. 1 Inspection or Audit X111- 1

13. 2 Reports to Auditors XIII- 1

13. 3 Annual Audit XIII- 1

13. 4 Written Accounts X11I- 1

13. 5 Approval of Accounts XIII- 1

13. 6 inquiry by Directors of the Oklahoma Municipal League XIII- 1

ARTICLE XIV Resignation, Removal and Succession of Trustees XIV- 1

14. 1 Removal by Withdrawing Employer XIV- 1

14. 2 Resignation by Trustee XIV- 1

ii

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14. 3 Applicability to Successor Trustees XIV- 1

14. 4 Liability of Successor Trustees X I V- 1

14. 5 Removal by Majority of Employers XIV- 1

14. 6 Resignation or Removal of All Trustees XIV- 1

ARTICLE XV Termination XV- 1

15. 1 Termination of System by Participating Employer XV- 1

15. 2 Distributions to Employer XV- 1

15. 3 Termination on Loss of Exemption X V- 1

15. 4 Loss of Membership in Oklahoma Municipal League X V- 1

ARTICLE XVI Amendments XVI- 1

16. 1 Right to Amend XVI- 1

16. 2 Copies of Amendments XVI- 1

16. 3 Limitation on Right to Amend XV!- 1

ARTICLE XVII Controlling Law and Legal Actions XVII- 1

17. 1 Controlling Law XVII- 1

17. 2 Severability of Provisions XVII- 1

17. 3 Legal Actions XVII- 1

ARTICLE XVIII Adoption by Other Incorporated Cities and Towns XVIII- 1

18. 1 Authorization and Procedure XVIII- 1

18. 2 Asset Management XVIII- 1

ARTICLE XIX Miscellaneous XIX- 1

19. 1 Application of Funds XIX- 1

19. 2 Tax Status of Trust XIX- 1

19. 3 Limitation of Interest XIX- 1

19. 4 Exclusive Benefit of Employees X1X- 1

19. 5 Separate Accounting for Contributions and Benefits XIX- 1

19. 6 Provisions Apply Separately XIX- 1

19. 7 Consolidation or Merger XIX- 1

19. 8 Discretion of Trustees XIX-2

19. 9 Fractions of a Cent XIX-2

ill

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ARTICLE I

Name

1. 1 Name: The trust hereby created shall be designated and known as " OKLAHOMAMUNICIPAL RETIREMENT FUND."

1. 2 Continuation of T rust. This ' frust is an amendment. restatement and continuation

of the existing Trust Indenture Establishing Oklahoma Municipal Retirement Fund. This

amendment and restatement of the Trust is effective upon date set forth in a separate certification

by the Trustees as the effective date of the conversion of the defined contribution System

administration to a daily valuation basis: provided that. the effective date in such certificationshall not be retroactive to a date prior to the date of the certification.

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ARTICLE II

Definitions and Construction

2. 1 Definitions: Where the following words and phrases appear in this ' frustIndenture, they shall have the respective meanings set forth below, unless their context clearlyindicates to the contrary.

Authorized Agent shall mean the person designated by each Employer to represent it inits transactions with the Trustees of this '[' rust and to perform such other duties as are setforth herein and in the system of such Employer.

Daily Valuation Date shall mean each business day of the Plan Year fir which there is anestablished market value for System assets.

Employee shall mean any employee covered by the system of an Employer.

Employer shall mean: ( 1) each and every incorporated municipality in the State ofOklahoma; ( 2) public trusts having municipality( ies) as beneficiary( ies); ( 3) interlocal

cooperatives created pursuant to 74 Oklahoma Statutes, Sections 1001, et seq., betweenmunicipalities and/or their public trust, and; ( 4) any other legal entity comprising amunicipal authority as that term is used in Chapter 48 of Title 1 1 Oklahoma Statutes,which has adopted a plan or system as herein defined and which has become a participant

in this trust according to the terms hereof.

Oklahoma Municipal League shall mean the wholly owned and financed instrumentalityof its member city and town governments by that name, in existence since 1913 toperform common functions of' each, and wholly controlled by an elected board ofmunicipal officials.

System shall mean each and every employee' s retirement fund and system created oradopted by an employer which is a participant in this trust.

Trust or Oklahoma Municipal Retirement Fund shall mean the '[' rust hereby created andmay be used to refer collectively to all the assets at any time comprising the corpus andaccumulated income thereof.

Trust Administrator shall mean the person, firm or corporation appointed by the Trusteesto see to the day to day operations of the Trust and to perform such other duties as areherein specified.

1 rustees shall mean the group or body composed of all Trustees serving hereunder at anyparticular time.

II- 1

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2. 2 Construction: Any word appearing in this Trust Indenture denoting gender,whether masculine, feminine or neuter, shall, unless the context clearly indicates to the contrary,include any other gender. The words " hereof," " herein," " hereunder" and other similar

compounds of the word " here" shall mean and refer to this entire Trust Indenture, not to anyparticular provision or section. In all matters regarding this ' frust, the decision of the "I' rustcesshall control and the construction, interpretation, resolution of any conflicts or inconsistenciesdetermined by the Trustees and their determination as to what should be supplied in the event ofomission, shall be binding and conclusive upon all persons and for all purposes.

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ARTICLE III

Trustees

3. 1 Existing Trustees: The Trustees serving on the effective date of this amendmentshall serve as such ' Trustees until their successors are elected and qualified as hereinafter

provided. These Trustees shall be referred to as the existing Trustees.

3. 2 Creation of District Boundaries: The State of Oklahoma shall be separated into

eight districts for purposes of nomination of Trustees to the Oklahoma Municipal RetirementFund. The eight districts shall be as shown on the attached map, and shall be numbered onethrough eight. The "Trustees may, from time to time, amend the district boundaries as necessaryby adopting a resolution setting forth amended district boundaries. No amendment to district

boundaries shall disqualify a Trustee from completing his or her unexpired term.

3. 3 Number of Trustees and Nominations: The Trustees of this Trust shall he nine (9)

in number. The Trustees shall be nominated by participating employer( s) located within thedistrict boundaries of the district for which nomination is made, except one Trustee shall serveat- large. and such at- large Trustee may be nominated by any employer. Such nominations shall

he made by resolution of the employer and shall he filed with the ' frust Administrator betweenMay 20th and June 30th, both inclusive, of each year for terms expiring in that year. No

nominations received by the Trust Administrator after June 30th, shall be considered.

3. 4 Elections: After June 30th. the "Trust Administrator shall prepare a ballot listingthereon the names and a brief resume of the background and experience of all nominees for the

office for which said Trustee was nominated, ( i. e.. the district or at- large). and shall forward on

or before July 20th of each year by certified mail a copy of the ballot to the authorized agent ofeach employer. The governing body of each employer shall be entitled to cast by resolution onevote for each office to be filled, provided no vote shall be split or cast in any fraction or part ofthe whole. The resolution shall direct the authorized agent to indicate the results of its voting onthe ballot furnished by the Trust Administrator, and to return the ballot to the Trust

Administratoi. The ballot shall be returned to the Trust Administrator between July 20th andAugust 30th of each year, and no ballots received by the Trust Administrator after August 30thshall he counted. The nominee from each district receiving the largest number of votes shall beelected to the office of Trustee for the respective district. In the event of a tie, the Trust

Administrator shall, on or before September 10th, prepare a second ballot listing thereon thenames of the nominees receiving such equal number of votes, following the same procedure asprovided for the first ballot, the governing body of the employers shall again vote, and thenominee( s) receiving the largest number of votes shall be elected. Tie vote ballots shall be

returned to the Trust Administrator on or before October 20th, and no ballots received after that

date shall he counted.

A ballot signed by the authorized agent of an employer shall be conclusive evidence ofthe vote or votes cast by such employer.

The Trust Administrator shall notify the employers of the final results of the election assoon as same is determined, and the Trustees so elected shall take office on October 1st, exceptin the case of Trustees elected on a tie vote ballot, who shall take office on November 1'`,

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3. 5 Transitional Provisions: In 1994, the "Trustee for the " at- large" position shall be

elected, and in 1995 the Trustee for District No. 2 shall be elected. The initial terms for the

offices of Trustees after adoption of this amendment shall expire as follows:

Trustee District Expiration

No. 1 1998

No. 2 1995

No. 3 1997

No. 4 1994

No. 5 1996

No. 6 1996

No. 7 1995

No. 8 1997

At- large 1994

As soon as possible after the effective date of this amendment, the two newly createdTrustee offices from District No. 2 and the At- Large position shall be filled by appointment by a

majority of the existing Trustees for terms expiring as follows: District No. 2 expires in 1995,and Trustee at- large expires in 1994.

3. 6 Terms of Office: Except as provided in Section 3. 5, the Trustees so elected under

this Trust Agreement shall serve for terms of five years, or until their successors are qualified.

3. 7 Bonding Requirements: Each Trustee and Successor Trustee serving hereunder at

any time shall be covered by a corporate surety bond in an amount equal to at least ten percent10%) of the total value of the Trust assets as determined at the close of the last fiscal year of the

Trust, in favor of the Trust hereby created and conditioned upon the full and faithful performanceof all duties, obligations, and responsibilities hereby imposed upon such Trustees, provided thatno such bond shall be required in an amount in excess of$ 500,000. 00 per "Trustee. The cost of

expense of such bond, which may be in the form of a blanket bond, shall be considered a properoperating expense of the Trust and shall he paid from the segregated operating funds held by theTrustees.

3. 8 Filling Vacancies: Any vacancies in the "Trustees occurring during any year maybe filled by appointment by the Chairman with confirmation by the affirmative vote of a majorityof the Trustees then serving. Any Trustee so appointed and confirmed by the Trustees shall holdoffice for the remainder of the term of the vacating Trustee, subject to the other provisionshereof, and until the election and qualification of his successor. Trustees appointed under this

section shall meet the qualifications set forth in Section 3. 15 of this Trust.

3. 9 Officers and Duties: The Trustees shall elect from their membership the

following officers who shall serve for a term of one ( 1) year or until their successors are elected,but any officer shall he considered eligible for election to succeed himself:

Chairman: The Chairman shall be the chief executive officer of the Trustees, and shallpreside at all meetings of the members of the Trustees, and shall, after appropriate

resolution of the Trustees, sign all contracts, deeds, and other formal instruments on

111- 2

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behalf of the Trustees, and shall sign all checks disbursing any part of the segregatedTrust Operating Fund held by the "Trustees.

Vice-Chairman: The Vice- Chairman shall in the absence of or during the disability of theChairman, have all the powers and perform all the duties of the Chairman.

Secretaiy: Under the direction of the Trustees the Secretary shall have charge of therecords of all proceedings of the Trustees and shall record minutes of all meetings of theTrustees, and shall attest to the signature of the Chairman on all documents orinstruments requiring such signature, and shall make such reports and certifications, andshall perform such other duties as are incident to his office or may be required of him bythe Trustees. One or more Assistant Secretary may be elected by the Trustees.

Treasurer: The Treasurer shall certify to the accuracy of all statements and reportsrelating to the assets of the Trust and shall countersign all checks disbursing any part ofthe segregated Trust Operating Fund held by the Trustees.

3. 10 Office, Records and Meetings: The Trustees shall establish an office or officeswith suitable space for meetings of the Trustees and for use of the "Trust Administrator and otheradministrative personnel. The Trustees shall maintain accurate and detailed records andaccounts of all their transactions. All books and records of the "Trustees, the Administrator, aridthe Trust shall be kept in such office or offices or in such other specified place or places as theTrustees shall designate for safekeeping and or convenient, ready reference. The Trustees shall

hold meetings in such office or offices, on a regular basis once each month, and at such othertimes upon the call of the Chairman or a majority of the Trustees. All books and records,

including the record of the Trustees' proceedings shall be available at all reasonable times forinspection or audit by any employer, employee, or other interested person or persons.

3. 11 Meetings: The meetings of the Trustees of the Oklahoma Municipal RetirementFund shall be subject to the Open Meeting Act.

3. 12 Quorum: At any meeting of the Trustees the presence of a majority of theTrustees then serving shall be necessary to constitute a quorum for all purposes, and the act of amajority of the Trustees present at any meeting at which there is a quorum shall be the act of allthe Trustees, except as may otherwise be specifically provided by law or by this TrustAgreement.

3. 13 Compensation: No Trustee or Successor Trustee serving hereunder shall beentitled to receive any compensation for his services as such Trustee, but all such Trustees shallhe entitled to reimbursement out of the Trust Operating Fund held by the Trustees of allreasonable expenses, including a reasonable travel allowance incurred in order to attendmeetings of the Trustees or to perform other necessary and proper duties incident to the office ofsuch Trustee.

3. 14 Systems for Reference: Each employer shall deliver to the " Trustees a copy of theSystem established by such employer and any amendment thereto for convenience of reference,but the rights, powers, titles, duties, discretions, and immunities of the Trustees shall be

governed solely by this instrument without reference to such System.

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3. 15 Qualifications, Disqualification, and Limitations: Each person nominated,

elected, or appointed to serve as Trustee of this "Trust shall be at the time he is to take office anofficer of the employer, member of the governing body of the employer, or an active or retiredparticipant in the system. ( Active or retired participant shall mean an employee with an account

balance or benefit remaining in the system.) For the district offices the " Trustee shall be an

officer or member of the governing body of an employer located in the district represented by theTrustee, and in the case of a retired or active participant the Trustee' s participation must he withan employer located in the district for which the Trustee serves.

Any Trustee shall immediately he disqualified upon failing to meet any of the criteria forqualification as set forth above.

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ARTICLE IV

Trust Assets

4, 1 Assets and Interests: The assets of this Trust shall consist of such assets and theincome therefrom, including such contributions as shall from time to time be made to theI nistees by each Employer under its System, or property for which any of the same shall heexchanged or into which any of the same shall he converted, together with any other assets fromtime to time held hereunder by the Trustees. All legal right, title and interest in and to the assetsof the Trust shall at all times be vested exclusively in the Trustees or their nominee and noEmployee shall be deemed to have a severable ownership of any asset of the Trust or any right ofpartition or possession thereof, but each Employer shall have a proportionate undivided interesttherein, based upon the number of units of participation and the value of other assets allocated toits account, sharing ratably with other Employers in the income, gains or losses.

4. 2 Valuations: The Securities Custodian( s) shall appraise and place valuations uponthe assets of the Trust held by it as of the month end with respect to the assets of each definedbenefit System and on each Daily Valuation Date fir each defined contribution System. The

Recordkeeper( s) shall appraise and place valuations upon the assets of each defined contributionSystem and the individual participant accounts of each Daily Valuation Date. Any Trust assetsnot held by the Securities Custodian( s) shall he appraised and valued by the Trustees on saiddate.

The valuation of all assets of the Trust shall be both at cost and at the fair market valuethereof as determined by reference to the best available source or sources in the opinion of the

Securities Custodian( s) and the Trustee, and both the Securities Custodian( s) and Trustees mayrely on figures, or statements appearing in any reputable publication purporting to state salesprices, market quotations, values, hid and asking prices, or any facts affecting values and uponthe opinion of one or more persons familiar with the reasonable market value of any assets to bevalued. and shall incur no liability for error in any such valuations made in good faith.

4. 3 Units of Participation:

1) Defined Benefit Systems. This paragraph shall apply solely to thevaluation of defined benefit System assets. As of each valuation date the invested portion of the

Trust assets in the hands of the Securities Custodians) shall be divided into units of equal value

for convenience in determining the proportionate interest of the plan or System of each separateEmployer and the proportionate interest of each such Employer shall he expressed by the numberof such units allocated thereto. The initial value of each such unit shall be Ten Dollars ($ 10. 00)

and thereafter its value shall be a fractional portion of the established valuation of all assets ofthe Trust in the hands of' the Securities Custodian( s) using one ( 1) as the numerator of such

fraction and the total number of units participating in the Trust as the denominator. The Trusteesmay from time to time cause the units of the Trust to he divided into a greater number of units oflesser value or cause them to be combined into a lesser number of units of greater value. Units

of participation in the invested portion of the ' Trust assets in the hands of the Securities

Custodian( s) shall not be evidenced by any form of certificate. but the Trustee shall maintain arecord of the number of units outstanding allocated to each Employer.

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2) Defined Contribution Systems. ' I his paragraph shall apply solely todefined contribution System assets. The units of participation method described in Section4. 3( 1 ) above may he used to determine the proportionate interest of each defined contributionSystem in the portion of the Trust attributable to defined contribution Systems. Alternatively,the proportionate interest of each defined contribution S) stem may be determined directly as themarket value of all participant accounts of a defined contribution System on a given DailyValuation Date compared with the total market value of all participant accounts of all definedcontribution Systems on such Daily Valuation Date.

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ARTICLE V

Trust Expenses

5. 1 Repealed April 1, 1991

5. 2 Costs and Expenses: All costs and expenses incurred in the operation,administration, investment. and management of the Trust shall be paid from the Trust assets forand on behalf of the employees or other beneficiaries participating in the system, by theSecurities Custodians) from the funds in its possession. The Trustees shall have discretion to

allocate costs and expenses among the participating Systems in a reasonable manner.Disbursements from the Trust for expenses shall be made only upon approval by the Trustees.Provided, the Trustees are authorized to charge costs for special participant record keeping andreports to the requesting participants or Employer. Provided further, the Trustees and the

Recordkeeper( s) shall have discretion to charge an employee' s account for reasonable expensesdirectly related to that account. Nothing herein shall authorize the payment of any funds fromthe Trust assets except those funds necessary to pay the reasonable and necessary expenses of theoperation, administration; investment, and management of the Trust for the benefit of the

participating employees and their beneficiaries.

5. 3 Repealed April 1, 1991

5. 4 Repealed April 1, 1991

5. 5 Equipment and Supplies: The Trustees are authorized to purchase such

equipment and supplies as they shall deem necessary for the efficient operation, administration,and management of the Trust. Such payments shall be considered an expense of the Trust and

the equipment and supplies so purchased shall be an asset of the Trust and shall be held by theTrustees as such and no Employer shall be deemed to have severable ownership therein or anyright of partition or possession thereof, but each Employer shall have proportionate undividedinterest therein as specified in Article IV hereof.

5. 6 Budget: The Trust Administrator shall prepare an annual budget to include all

anticipated costs and expenses of the Trust. The budget shall be submitted to the Trustees for

approval at the June meeting. Monthly statements showing expenses shall be submitted to theTrustees at each regular monthly meeting.

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ARTICLE VI

Administration and Management

6. 1 Trustees Responsible: The Trustees shall be responsible for the operation,

administration and management of the Trust and shall determine the general investment policy tobe followed in the investment of the Trust assets and shall approve all investments either before

or after the same arc made or by establishing a list of specified authorized securities and otherinvestment media in which Trust funds may be invested in accordance with the generalinvestment policy.

6. 2 Appointment of Advisors and Others: In order to carry out the responsibilitieshereby imposed upon them, the Trustees shall appoint such advisors, consultants, agents andemployees, each of whom may be such individual, firm or corporation as shall be deemed

necessary or advisable and approved by the Trustees. Such individuals, firms or corporations

may be retained or employed in such manner and upon such terms as shall seem appropriate andproper to the Trustees, either by contract or retainer, by regular full or part- time employment orby such other arrangements as shall be satisfactory to the Trustees and shall be subject to suchbonding requirements as shall be established by the Trustees. The fees, commissions, salaries orother compensation of such advisors, consultants, agents or employees shall be paid by theTrustees from the Trust Operating Fund.

6. 3 Required Appointments: In addition to others which may from time to time bedetermined to be necessary, the Trustees shall appoint the following advisors, consultants, agentsor employees who shall perform the duties and services indicated below and such other duties

and services as may from time to time be requested or directed by the Trustees, and who shall beresponsible to the 'Trustees and shall attend all regular meetings of the Trustees:

Trust Administrator: The Trust Administrator shall he responsible to the Trustees for the

day to day operation of the Trust, and shall on behalf of the Inistees,

1) Be responsible for the transmittal of communications from the

Trustees to the Employers.

2) Receive or directly submit to the Recordkeeper( s) payroll and

employment reports from Employers and maintain current employment, earnings, and

contribution data on each covered employee of each Employer.

3) Certify to any proper and interested party the amount and durationof benefits to be paid from the Trust Fund.

4) Coordinate the activities of all other advisors, consultants, agents

or employees appointed by the Trustees.

5) Maintain all necessary records reflecting the operation and

administration of the Trust and Trust Operating Fund and submit detailed reports thereofto the Trustees at each regular meeting of the Trustees and at such other time or times asrequested by the Trustees.

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6) Process all claims for payment of benefits or expenses for approval

of the ' trustees.

7) File on behalf of the Trustees such reports or other information as

shall he required by any State or Federal law or regulation.

Investment Counsel: The Investment Counsel shall he a professional, impartial and

experienced person, time or corporation and shall advise and assist the Trustees in the

formation of general investment policy and in the acquisition and sale of specificsecurities or other investment media. Duties include, but are not limited to, searches,

monitoring, reporting and recommending hiring or terminating managers. The Trustees

shall consult with Investment Counsel regarding all trust investments but shall be underno specific obligation to strictly adhere to the advice or recommendations of suchcounsel.

Security Custodian( s.): The Securities Custodian( s) shall hold all stocks, bonds and other

securities of the Trust on behalf of the Trustees and shall buy, sell, exchange or otherwisedeal with or contract with reference to such stocks, bonds and other securities as directed

by the Trustees or as directed by authorized parties. The Securities Custodian( s) shall

also provide safekeeping of all such securities and shall collect and disburse the incomeor proceeds thereof as directed by the Trustees and shall maintain accurate recordsregarding all investments, receipts, and disbursements and shall submit detailed reports tothe Trustees at each regular meeting of the Trustees and at such other time or times asrequested by the Trustees. All stocks, bonds or other securities so held by the SecuritiesCustodian( s) may be held in the name of the Trustees or in his or its name as nominee orin the name of a nominee serving on behalf of the Security Custodian( s).

Actuary: The Actuary shall advise and assist the management of the Trust and shall, sooften as directed by the Trustees but at least biannually, compute from data furnished bythe Trust Administrator the cost rate for the actuarial valuation reports to each Employer

and to the Trustees concerning funding, cash flow and related requirements. All cost and

actuarial valuation reports furnished by the Actuary shall be certified by a Fellow of theSociety of Actuaries.

Auditor: The Auditor shall be engaged to perform such duties, examinations or other

services and to render such reports as the Trustees may from time to time direct.

Legal Counsel: The Trustees may appoint legal counsel to render such advice or performsuch legal services as may from time to time be deemed by the Trustees to be necessaryor advisable in the operation of the Trust. Such legal counsel shall be a duly licensed

attorney engaged in the active practice of law within the State of Oklahoma.

Recordkeeper( s): The Recordkecper( s) shall provide systems and processes to receive

and maintain participant records and data on behalf of each Employer which reflects all

required fields of participant plan activity including but not limited to name, socialsecurity number, salary, plan contributions, employment date. interest earnings, taxableand non- taxable status of the funds and distribution activity.

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ARTICLE VII

Retirement Committee and Authorized Agent

7. 1 Retirement Committee: The System of each Employer provides and shall continueto provide for the appointment or election of a Board of Trustees to administer that System.Such Board of Trustees shall serve as and be hereinafter referred to as the " RetirementCommittee" of such Employer. It shall be the duty of the " Retirement Committee" of each

Employer to furnish the, Trust Administrator all necessary payroll and contribution information,to file claims on behalf of Employees, to see that all Employee and municipal contributions areforwarded promptly to the Trustees for investment, to determine eligibility of employees forparticipation and benefits, and to perform such other duties as shall be imposed thereupon byother provisions herein contained or by the System of such Employer.

7. 2 Authorized Agent: In order to simplify the relationship between the Trusteesand/ or frust Administrator and each Employer, each Retirement Committee shall designate anindividual who may, but need not, be one of its members to serve as " Authorized Agent". The

Authorized Agent" shall furnish all necessary information on behalf of his municipality to theTrustees and/or Trust Administrator and shall be the proper person to receive all

communications, correspondence or other information furnished by the Trustees or "TrustAdministrator to the particular Employer.

7. 3 Notice to Trustees: Each Employer shall notify the Trustees of the name of themembers of its Retirement Committee and shall furnish the Trustees a specimen of signature ofeach member of the Retirement Committee. The members of the Retirement Committee shall

notify the Trustees of the name and business address of the Authorized Agent selected by theCommittee.

7. 4 Authority of Retirement Committee: Each Retirement Committee shall have

complete authority to determine the existence, non- existence, nature and amount of the equitablerights and interests of all persons in the Trust assets, as such rights and interests affect its

System. All directions by the Retirement Committee to the Trustees shall be in writing andsigned by the Authorized Agent. Until notified of a change, the Trustees shall be fully protectedin acting upon the assumption that the membership of the Retirement Committee and itsAuthorized Agent have not been changed.

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ARTICLE VIII

Contributions

8. 1 Trustees Accountable: The Trustees shall be accountable for all contributions

received by them but shall have no duty to require any contribution to he made to them or todetermine that the amounts received comply with the System of any Employer or to determinethat the Trust assets are adequate to provide the benefits payable pursuant to any System.

8. 2 Delivery to Trustees: Each Employer shall withhold from the compensation of

each Employee covered by its System the portion of the total contribution to he made by suchEmployee pursuant to its System. On or before the fifteenth ( 15) day of each month, eachEmployer shall forward to the Trustees or other authorized parties the Employees' contributions

so withheld during the immediately preceding month, together with the portion of the totalcontributions to he paid by the Employer pursuant to its System for such preceding month.

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ARTICLE IX

Payments From Trust Assets

9. 1 Direction by Retirement Committee: Payments of benefits to or for Employees

shall he made from the Trust assets by the Trustees to such persons, in such manner, at suchtimes and in such amounts as the Retirement Committee of each Employer shall direct. The

Trustees shall be fully protected in making, discontinuing or stopping such payments from theTrust assets in accordance with the directions of the Committee. The Trustees shall have no

responsibility to see the application of payments so made or to ascertain whether the directionsof the Committee comply with the System of each Employer. When the Committee directs that

any payment is to be made only during or until the time a certain condition exists regarding thepayee, any payment made by the Trustees in good faith, without actual notice or knowledge ofthe changed status or condition of the payee, shall be considered to have been properly made bythe Trustees and made in accordance with the direction of the Committee. If any such paymentis made by a check mailed to the payee and such check is returned to the "Trustee undelivered, orif the Trustees are otherwise unable to deliver any such payment to the payee, the Trustees shallpromptly give notice thereof to the Committee.

9. 2 Withholding and Releases: The Trustees are authorized, but not required, to

withhold from distributions to any payee such sum as the Trustees may reasonably estimate asnecessary to cover federal and state taxes for which the Trustee may he liable, which are, or maybe, assessed with regard to the amount distributable to such payee. Upon discharge or settlement

of such tax liability, the Trustees shall pay the balance of such sum, if any, to such payee or tohis estate. Prior to making any payment or distribution hereunder, the Trustees may require suchreleases or other documents from any lawful taxing authority and may require such indemnityfrom any payee or distributee as the Trustees shall reasonably deem necessary for theirprotection.

9. 3 Exemption of Assets-- Restraints on Alienation:

1) Assets Exempt. Except as otherwise provided in Section 9. 3( 2) of this

Trust Indenture, the assets of the Trust shall be exempt from legal process, and distributions

payable from the Trust assets shall not he subject in any manner to anticipation, alienation, sale,transfer, assignment, pledge, encumbrance, charge, garnishment, execution, or levy of any kind,either voluntary or involuntary, but excluding devolution by death or mental incompetency,including any such liability which is for alimony or other payments for the support of a spouse orformer spouse or any otherwise relative of the Employee, prior to actually being received by theperson entitled to the benefit under the terms of the System. Any attempt to anticipate, alienate,sell, transfer, assign, pledge, encumber, charge, or otherwise dispose of any right to benefitspayable hereunder shall be void. The Trustee and Trust assets shall not in any manner he liablefor, or subject to the debts, contracts, liabilities, engagements, or torts of any person entitled tobenefits hereunder. None of the System benefits or Trust assets shall he considered an asset of

the Employee in the event of his divorce, insolvency, or bankruptcy.

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2) Qualified Domestic Relations Orders:

a) The provisions of Section 9. 3 of this Indenture shall not apply to aQualified Domestic Relations Order as provided pursuant to this subsection.

h) The term " Qualified Domestic Relations Order" means an order

issued by the District Court of this State pursuant to the domestic relations laws of theState of Oklahoma which relates to the provision of marital property rights to a spouse orformer spouse of a member, and which creates or recognizes the existence of an alternatepayee' s right to, or assigns to an alternate payee the right to receive a portion of thebenefits payable with respect to a member of the System.

c) Each retirement plan administered by the Oklahoma MunicipalRetirement Fund shall include rules and regulations for Qualified Domestic RelationsOrders. Such rules shall be included as a part of each Tax Qualified Retirement Plan.

3) Loans Secured by Participants Accrued Non-Forfeitable Benefits. Where

specifically authorized by the employer' s System, a loan may be made to a participant from theTrust, and such loan shall not he treated or construed as an assignment or alienation prohibitedby this Section if such loan is secured by the participant' s accrued, non- forfeitable benefit underthe Plan, and satisfies the applicable requirements of the Plan and the Internal Revenue Code of1986. as amended ( including Section 72, and applicable amendments thereto). ( This paragraph

was inadvertently omitted in the January 2007 version and reinserted in June 2011.)

9. 4 Payment of "Taxes: The Trustees may pay any taxes or assessments which, intheir opinion, are proper charges against the Trust, without liability for error judgment, and theTrustees shall be entitled to exoneration and reimbursement from the Trust for any taxes orassessments levied on or payable by them with respect to the Trust or any asset thereof orincome therefrom. Any such taxes shall he apportioned or allocated to the accounts of thevarious Employers as the Trustees shall determine to he legal and equitable.

9. 5 Benefit Payments: In order to provide a more efficient procedure for the payment

of benefits. the Trustees may adopt other suitable means to issue such benefit payments and mayauthorize the Trust Administrator to issue the same, under such rules and regulations as the

Trustees may adopt; provided, however, that any such adoption and authorization shall in no wayreduce the liability of the Trustees or relieve them of any responsibility regarding the protectionof"Trust assets.

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ARTICLE X

Investment of Trust Assets

10. 1 Authorization of Trustees: The Trustees are authorized to invest and reinvest the

Trust assets in such bonds, notes, debentures, mortgages, investment trust certificates, preferredor common stocks, interest in realties, leaseholds, fee titles, equipment trust certificates, royalties

including overriding oil and gas royalties whether measured by production or by gross ortaxable income from property), or in oil and gas leases, oil payments or any other type of oilproperties, and other forms of securities and/ or investments permissible under applicable law,

including securities of any Employer, as the Trustees may deem advisable and the ' Trustees mayhold any portion of the Trust assets in cash pending investment or payment of expenses orbenefits without liability for interest.

10. 2 Limitation of Investments: Any provisions herein contained notwithstanding, noinvestment shall be made which is prohibited by the law of the State of Oklahoma and prior tomaking any investment in any security of any Employer, the Trustees shall secure a ruling fromthe Internal Revenue Service that such investment will not adversely affect the status of theTrust, unless occasion for such particular ruling shall be eliminated by statute, regulation or otherdetermination of general application.

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ARTICLE XI

Accounting and Mechanical Operation of the Trust

11. 1 Deposit of Contributions: All contributions received by the Trustees from anyEmployer, including the portion thereof attributable to contributions by employees, shall beimmediately deposited by the Trust Administrator in such depository as shall have beendesignated by the Trustees and credited to the account of the contributing Employer on the hooksof the Trust.

11. 2 Subsidiary Ledgers: The " frust Administrator shall establish and maintain a

subsidiary ledger for each Employee covered by the System of every Employer and shallaccurately reflect therein the total amount of contributions made by such covered Employeepursuant to the System under which he or she is covered.

1 1. 3 Investment of Funds:

1) Defined Benefit Systems. This paragraph shall apply solely to defined benefitSystems. The Trustees shall deliver all or such portion as they deem proper, of the contributionsheld by them and credited to the account of an Employer to the Securities Custodian(s) for

investment immediately upon determination by the Securities Custodian( s) of the value per unitof participation in accordance with Article [ V hereof, as of the valuation date next followingreceipt of such contributions by the Trustees. The Securities Custodian( s) immediately uponreceipt of such funds, shall proceed to invest the same pursuant to the directions of the Trustees,

and shall allocate to each Employer, the appropriate number of units of participation determined

by dividing the total amount of such funds delivered to it and credited to the account of suchEmployer by the value per unit of participation on such valuation date. Provided, however, if

any contribution of an Employer is received by the "Trustees subsequent to any valuation date butprior to the determination of the value per unit of participation as of such valuation date. the

Trustees shall deliver all or such portion as they deem proper of such contribution to theSecurities Custodian( s) for investment, immediately upon the determination by the SecuritiesCustodian( s) of such value per unit of participation and the Securities Custodian( s) shall proceed

to invest the same as above set out and shall allocate to the account of each such Employer an

appropriate number of units of participation determined as above required but based upon the

value per unit of participation as of such immediately past valuation date. In each event the

Securities Custodian( s), immediately upon allocation of units of participation to the accounts ofindividual Employers, shall notify the Trust Administrator of such allocation and the TrustAdministrator shall make appropriate entries in the books and records of the Trust.

2) Defined Contribution Systems. This paragraph shall only apply solely todefined contribution Systems. The Trustees shall deliver all or such portion as they deem proper,of the net contributions held by them and credited to a defined contribution System Employer tothe Securities Custodian( s) for investment. Such amounts shall he appropriately allocated to

each investment option based on Employee elections. The investment of such funds shall be

made as soon as reasonably practicable.

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l 1. 4 Liquidating Payments:

1) Defined Benefit Systems. This paragraph shall apply solely to defined benefitSystems. The Trust Administrator shall notify the Securities Custodian( s) of the amount of anyfunds required by the Trustees for the purpose of making any benefit payments due under theSystem of any Employer. Immediately upon determination by the Securities Custodian( s) of thevalue per unit of participation, in accordance with Article IV hereof, as of the valuation date next

following the receipt of such notice the Securities Custodian( s) shall liquidate for cash a numberof the units of participation credited to the account of such Employer sufficient to produce therequired funds and shall appropriately reflect such liquidation in its records. The funds so made

available shall be delivered to the Trust Administrator for deposit and credit to the account of theappropriate Employer. The Securities Custodian( s) shall also furnish the Trust Administrator the

information necessary to reflect such liquidation in the books and records of the Trust.

2) Defined Contribution Systems. This paragraph shall apply solely to definedcontribution Systems. The Recordkeeper( s) shall notify the Securities Custodian( s) of the

amounts of each investment option required for the purpose of investing Employee contributions,trades or transfers and making benefit payments ( including withdrawals, loans and transfers) toEmployees. The Securities Custodian( s) shall sell a sufficient amount of each investment option

to meet the payment obligations and deliver the funds to the "Trust Administrator.

11. 5 Records of Securities Custodian( s): In addition to any other records required of it,the Securities Custodian( s) shall at all times maintain accurate records of' its receipts and

disbursements and of the income, expenses, gains and losses earned or incurred by it in alltransactions with relation to the Trust or any assets or investments thereof

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ARTICLE XII

Rights of Trustees

12. 1 Enumeration of Rights: Subject only to other pertinent provisions of this Trust,and in addition to other enumerated rights, powers and privileges, the Trustees are furtherauthorized and empowered:

To hold, manage, improve, repair and control all property, real or personal. at any timeforming part of the Trust assets; to sell, convey, transfer, exchange, partition, lease forany term, even extending beyond the duration of this ' frust, and otherwise dispose of thesame from time to time in such manner, for such consideration and upon such terms and

conditions as the Trustees shall determine; to vote any corporate stock either in person orby proxy, with or without power of substitution for any purpose;

To cause any property of the Trust to be issued, held or registered in the individual namesof the Trustees, or in the name of a nominee, or in such form that title will pass bydelivery. provided the records of the Trustees shall indicate the trust ownership of suchproperty;

To exercise any conversion privilege or subscription right given to the Trustees as theowner of any security forming part of the " Trust assets; to consent to. take any action inconnection with, and receive and retain any securities resulting from reorganization,consolidation, merger, readjustment of the financial structure, sale, lease or other

disposition of the assets of any corporation or other organization, the securities of whichmay be an asset of the Trust;

To employ such agents and counsel as may he reasonably necessary in managing andprotecting the Trust and to pay them reasonable compensation from the Trust Assets; tosettle, compromise, or abandon all claims and demands in favor of or against the "frust; to

charge any premium on bonds purchased above par value to the principal of the Trustwithout amortization from the income of the ' Trust. regardless of any law relating thereto;

To exercise all the further rights, powers, options and privileges granted to, provided for,

or vested in Trustees generally under the laws of the State of Oklahoma as amended fromtime to time, it being intended that, except as herein otherwise provided, the powersconferred upon the Trustees herein shall not he construed as in limitation of any authorityconferred by law but shall he construed as in addition thereto; and

In addition to the enumerated powers herein, to do all other acts in their judgment

necessary or desirable for the proper administration of the Trust,

12. 2 Protection by Written Directions: The ' Trustees shall he fully protected in taking

any action indicated by this instrument to he within the scope of the authority of any member ofthe Retirement Committee under the System of an Employer in accordance with any writteninstrument purporting to he signed by such person or persons authorized to sign for theRetirement Committee, which the Trustees, in good faith, believe to be genuine.

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12. 3 Advice of Counsel: The Trustees may consult with counsel in respect to any oftheir duties or obligations hereunder and shall be fully protected in acting or refraining fromacting in accordance with the advice of such counsel.

12. 4 Indemnification of Trustee: The "Trustees shall incur no personal liability (exceptfor their own gross negligence) for any act done or omitted to he clone in good faith in theadministration of the Trust, and the Trustees shall be indemnified and saved harmless by theEmployers, or from the Trust, or both, from and against any and all liability to which theTrustees may he subjected by reason of any such act or conduct, including all expensesreasonably incurred in their defense.

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ARTICLE XIII

Accounts of the Trustee

13. 1 Inspection or Audit: The Trustees shall maintain accurate and detailed records

and accounts of all transactions hereunder, which shall be available at all reasonable times for

inspection or audit by each Authorized Agent or Retirement Committee as to its Employer' sTrust share, or by any other person designated by the governing body of a participatingEmployer,

13. 2 Reports to Auditors: The Trustees at the direction of any Employer shall submitto the auditors for such Employer, such valuations, reports, or other information as they mayreasonably require.

13. 3 Annual Audit: The Trustees shall cause an audit to be made of the Trust and

Trust Operating Fund as of the end of each fiscal year thereof and as of such other date as theTrustees shall determine.

13. 4 Written Accounts: Following the close of each fiscal year of the Trust, theTrustees shall file with each Employer a written account setting forth all transactions effected bythem subsequent to the end of the period covered by the last previous annual account pertainingto the System of such Employer and listing the assets of the Trust relating to the System of suchEmployer at the close of the period covered by such account, at fair market value.

The fiscal year and annual accounting period of the Trust shall be the twelve-monthperiod beginning July 1 and ending June 30 of the following year during the existence of theTrust. Such fiscal year accounting period shall not be changed except after approval by theInternal Revenue Service of the Trustees' application therefor.

13. 5 Approval of Accounts: Upon the receipt by the Trustees of written approval ofany such account, or upon the expiration of ninety days after delivery of any such account to theAuthorized Agent of an Employer, such accounts ( as originally stated if no objection has beentheretofore Tiled by such Employer, or as theretofore adjusted pursuant to agreement betweensuch Employer and the Trustees) insofar as it relates to the System of such Employer. shall he

deemed to he approved by such Employer except as to matter, if any, covered by writtenobjections theretofore delivered to the Trustees by such Employer regarding which the Trusteeshave not given an explanation, or made adjustments, satisfactory to such Employer, and theTrustees shall be released and discharged as to all items, matters and things set forth in such

account which are not covered by such written objections as if such account had been settled andallowed by a decree of a court having jurisdiction regarding such account and of the Trustees,such Employer, its Retirement Committee and all persons having or claiming to have any interestin the Trust assets. The Trustees, nevertheless, shall have the right to have their accounts settled

by judicial proceedings if' they so elect, in which event the Employers or any of them. or theirRetirement Committees and the Trustees shall he the only necessary parties.

13. 6 Inquiry by Directors of the Oklahoma Municipal League: For the purpose of

advising or making recommendations to participating Employers, the Board of Directors of theOklahoma Municipal League may inquire into the accounts and activities of the l rustees at any

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reasonable time and may conduct such audits or investigations as it shall deem advisable.

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ARTICLE XIV

Resignation, Removal and Succession of Trustees

14. 1 Removal by Withdrawing Employer: Any Employer, by resolution of itsgoverning body. may remove the Trustees as the ' trustees for its System, at any time and createor designate a separate trust and appoint a Successor Trustee or Trustees for its System. Such

removal or appointment shall become effective when copies of said resolution certified by theappropriate officer of such Employer and an acceptance of the trust signed by the SuccessorTrustee or Trustees so appointed is delivered to the Trustees. Upon such change being made, theTrustees shall, as soon after the valuation date next following receipt of such certified resolutionand acceptance as is practical, deliver to the Successor Trustee or Trustees so appointed, an

amount of cash equal to the ratable portion of the Trust assets allocated to the account of such

Employer as of such valuation date together with a certified statement of all facts reasonablynecessary to enable the Successor Trustee or Trustees to accept, hold, manage and distribute suchtrust assets. Thereupon the Trustees shall he fully discharged of all duties and liabilities inregard to such Employer and any employees thereof.

14. 2 Resignation by Trustee: Any Trustee may resign as Trustee of this Trust bydelivering to the other Trustees of this Trust a written resignation to take effect sixty days afterthe delivery thereof unless prior thereto the remaining Trustees shall have appointed a SuccessorTrustee as hereinhefore provided.

14. 3 Applicability to Successor " Trustees: All of the provisions set forth herein with

respect to the Trustees shall relate to each Successor Trustee with the same force and effect as if

such Successor Trustee originally had been named herein as Trustee.

14. 4 Liability of Successor Trustees: No Successor Trustee shall be liable for the acts

or omissions of any prior Trustee or he obliged to examine the accounts, records or acts of anyprior Trustee or Trustees.

14. 5 Removal by Majority of Employers: Any one or all of the serving hereunder atany time may be removed as such Trustee or Trustees by resolution or ordinance of thegoverning bodies of a majority of the participating Employers. In the event less than all of the

Trustees of this Trust shall be so removed, the other provisions hereof shall govern the

appointment or election of successors for those so removed.

14. 6 Resignation or Removal of All Trustees: If all the Trustees shall at the same time

he removed by such action or resign with no Successor "Trustees having been properly elected totake office as of the effective date of such removal or resignation, the Directors of the OklahomaMunicipal League shall serve as temporary Trustees of this Trust until Successor Trustees havebeen elected and qualified under the provisions hereof.

XIV- 1

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ARTICLE XV

Termination

15, 1 Termination of System by Participating Employer: The frust created by thisIndenture is intended to be permanent unless otherwise prohibited by law, and, in such event, itshall last only so long as one day short of the maximum time permitted by the statutes and lawsof the State of Oklahoma. The Trust may, however, be terminated at any time by any Employerinsofar as it relates to such Employer, in accordance with and as provided in its System pursuant

to resolution of the governing body of such terminating Employer, by giving notice in writing tothe Trustees, which notice shall recite the date upon which the termination shall be effective.

After receipt of such notice the Trustees shall continue to hold, invest, administer, liquidate and

distribute the portion of the Trust assets attributable to the System of each such terminatingEmployer pursuant to the provisions of its System and this Trust. The "frust shall terminate as to

any Employer only when no assets of the Trust attributable to the System of the terminatingEmployer remain in the possession of the Trustee.

15. 2 Distributions to Employer: In no event shall any assets be returned to anyEmployer except such, if any, which remain as the result of erroneous actuarial computation afterthe satisfaction of all fixed and contingent liabilities to persons entitled to benefits from the

Trust.

15. 3 Termination on Loss of Exemption: Notwithstanding any other provision hereincontained, if at any time the System of any Employer has ceased to be entitled to tax exemptionunder the Internal Revenue Code, then such Employer shall automatically cease to be aparticipant in this Trust and the allocable portion of the Trust assets attributable to such

Employer shall be segregated and distributed to the Treasurer of such Employer, for the use and

benefit of its covered employees or their beneficiaries.

15. 4 Loss of Membership in Oklahoma Municipal League: Any Employer eligible formembership in the Oklahoma Municipal League must be and shall remain a member in goodstanding of the Oklahoma Municipal League before being approved for participation in theOklahoma Municipal Retirement Fund.

XV- 1

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ARTICLE XVIII

Adoption by Other Incorporated Cities and Towns

18. 1 Authorization and Procedure: Any Employer as defined herein in the State ofOklahoma with employees now in existence, or hereafter formed which is not already anEmployer under this Trust, may, with the consent and approval of the Trustees, by formalresolution or ordinance of its governing body adopt by reference the Trust hereby created, and asamended from time to time, and establish a System of which it is a part for all or anyclassification of persons in its employment. Such adoption shall be effectuated by and evidencedby a duly certified formal resolution or ordinance by the adopting Employer. It shall not be

necessary for the adopting Employer to sign or execute the original or then amended Trustdocument. The effective date of the Trust for any such adopting Employer shall be that stated inthe resolution or ordinance of adoption, which shall he the first day of its first System year, andfrom and after such effective date such adopting Employer shall assume all the obligations of anEmployer hereunder and under its System, and shall be included within the meaning of the wordEmployer" as defined herein. However, participation in the Trust by an adopting Employer

shall be subject to such acceptance of the Trustees and shall be contingent upon a determination

by the Internal Revenue Service that the participation by such Employer in the Trust constitutes aqualified plan and trust under Section 401( a) of the Internal Revenue Code of 1954, and upon

such adopting Employer having entered into a written contract for the pooling of its pension andretirement funds for purposes of management and investment with those of other entities which

are Employers hereunder. The administrative powers and control of the Trustees, as provided in

the System and Trust, shall not be diminished by reason of the participation of any such adoptingEmployer in the Trust. Any Employer may withdraw from the Trust at any time withoutaffecting other Employers not withdrawing by complying with the provisions of the Trustrelating to termination of the Trust and Successor Trustees.

18. 2 Asset Management: Nothing in this Trust Indenture shall be construed asprohibiting an Employer from entering into this Trust for the purposes of pooling its pension andretirement funds for purposes of management and investment of those funds with other

employers participating in the trust, with such Employer reserving the right to adopt andadminister its own separate retirement plan. The acceptance of such funds for management and

investment only shall be subject to the acceptance by the Trustees and shall be contingent upon adetermination that the participation of the Employer in the Trust does not affect the tax exempt

status of the Trust as part of a qualified plan under Sections 401 and 501 of the Internal Revenue

Code. The ' Trustees of thisr

trust shall determine and charge a tee to the Employer for the

management and investment of its pooled funds.

XVIII- 1

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ARTICLE XIX

Miscellaneous

19. 1 Application of Funds: No person dealing with the Trustees shall be required orentitled to see the application of any money paid or property delivered to the Trustees, or todetermine whether or not the Trustees are acting pursuant to authorities granted to themhereunder or to authorizations or directions herein required. The certificate of the Trustees that

they are acting in accordance with this Indenture shall protect any person relying thereon.

19. 2 Tax Status of"Trust: The Trust is hereby designated as constituting a part of aplan intended to qualify and to be tax exempt under Section 401( a) and Section 501( a)

respectively, of the Internal Revenue Code of 1954, as amended from time to time. I Intil

advised otherwise, the Trustees may conclusively assume that this Trust is qualified underSection 501( a) of the Internal Revenue Code as amended from time to time, and that this Trust isexempt from federal income taxes.

19. 3 Limitation of Interest: Neither the creation of this Trust nor anything contained inthis Indenture shall be construed as giving any person entitled to benefits hereunder or otheremployee of any Employer any equity or other interest in the assets, business or affairs of anyEmployer.

19. 4 Exclusive Benefit of Employees: It shall be impossible by operation of this Trust,

by natural termination thereof, by power of revocation or amendment, by the happening of anycontingency, by collateral arrangement, or by any other means, prior to the satisfaction of anyand all liability under the System with respect to Employees, retired Employees. or beneficiariesof deceased Employees, for any part of the Trust assets and the income therefrom to be used foror diverted to purposes other than for the exclusive benefit of such Employees, retired

Employees, and such of their beneficiaries as may be entitled to benefits under the System of anEmployer. Provided, however, termination of its System, an Employer shall receive such

amount, if any, as may remain after the satisfaction of all liabilities under its System to itsEmployees and arising out of any variations between actual requirements and expected actuarialrequirements. The Trustees shall, however, be under no obligation to see to the enforcement ofthis paragraph.

19. 5 Separate Accounting for Contributions and Benefits: The Trustees shall he under

obligation to record separately the contributions from each Employer made with respect to itsSystem and the benefits paid under the System to its Employees upon instructions of its

Retirement Committee.

19. 6 Provisions Apply Separately: All provisions of this Indenture shall applyseparately to each of the Employers.

19. 7 Consolidation or Merger: Upon the liquidation, bankruptcy, insolvency,consolidation, or merger of an Employer to or with another governmental unit in which the

Employer is not the surviving unit, the System of such Employer and the Trust as related to itwill terminate and the Trust assets allocated to it will he held or distributed as herein provided,

unless the successor to such Employer assumes the duties and responsibilities of such Employer

XIX- 1

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by adopting its System, or, by the establishment of a separate plan or System to which its pro ratashare of the Trust assets shall he transferred and delivered as in the case of the removal of the

Trustees by a withdrawing Fmployer.

19. 8 Discretion of Trustees: The discretion or judgment of the Trustees, when

exercised in good faith and with reasonable care under the circumstances then prevailing, shallbe binding upon all persons.

19. 9 Fractions of a Cent: Any fraction of a cent per unit of participation resulting fromany computation hereunder may be disregarded or adjusted in such reasonable manner as theTrustees may determine.

X1X- 2

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C"6

AGENDA ITEM COMMENTARY

AHO`

MEETING DATE: March 25, 2015 BOARD: Board of City Commissioners

ITEM TITLE: Consider Approval of Request to Purchase one ( 1) 1 ton Cab & Chassis

4x4 with Skid Unit ( Grass Fire Unit) via the Sequoyah County ClerkUsing the Sequoyah County Fire Department Sales Tax Revolving Fund

INITIATOR: Keith Skelton, Assistant City Manager/ Director of FinanceAnthony Armstrong, Fire Chief

STAFF INFORMATION SOURCE: Fire Chief

BACKGROUND: The Sallisaw Fire Department currently receives funding via a SequoyahCounty half cent sales tax approved for all county lire departments. This sales tax is divided upbetween all county departments on a monthly basis. To use the tax funding, Sallisaw mustsubmit requests to the Sequoyah County Clerk and follow their purchasing/ bidding regulations.If it is a hid, the county will take care of the bidding process.

Pillax_1111:11

lj Newest Sallisaw Crass Unit

KEY ISSUES:

1. As of February 2015, the balance of the sales tax belonging to the Sallisaw FireDepartment is $ 82, 073. 30. Staff estimates the cost of a new fire unit to he approximately

65- 69, 000.

2. Expenditure of these funds must be through the Sequoyah County Clerk.3. For FY 2015, we did budget $ 69,000 for a new grass unit in the Capital Improvement

fund. These funds will lapse and carry over to FY 2016 for other use.4. The Fire Department will take the current 1984 Chevrolet grass unit off line. Staff is

looking at transferring this unit to the Parks Department for use as a service truck.

FUNDING SOURCE: Sequoyah County Fire Department Sales "I' ax Revolving Fund for theSallisaw Fire Department.

RECOMMENDATION: Approval of request, allowing the City of Sallisaw Fire Chief and theCity Purchasing Agent to provide bids specifications to the Sequoyah County Clerk and to seekhick and purchase a new grass unit providing the submitted bid prices are acceptable to the FireChief and Purchasing Agent.

Agenda Item- face I of

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AGENDA ITEM COMMENTARY

4-LAHo°

MEETING DATE: March 25, 2015 BOARD: Board of City Commissioners

ITEM TITLE: Consider Items Related to the Purchase of Vehicles for the Police and

Fire Department

a) Consider approval of staff' s request to purchase four ( 4) 2015

Chevrolet Tahoe Police Package Vehicles and one ( 1) 2015 Chevrolet

LT 4WD Pickup from Hudiburg Auto Group of Midwest City. OK inthe amount of$ 145, 883. 00

b) Consider approval of Purchase Order # 63559, issued to SMILES of

Fort Smith, AR in the amount not to exceed $ 28,000. 00 for outfittingthe four police units

c) Consider Approval of Resolution 2015- 08; A Resolution Auihori: ingExecution ofLease Purchase on t ehicles

INITIATOR: Keith Skelton, Assistant City Manager/ Director of FinanceTerry Franklin, Chief of PoliceAnthony Armstrong, Fire Chief

STAFF INFORMATION SOURCE: Hudiburg Auto Group, Police Chief, Fire Chief

BACKGROUND: These items are currently budgeted in the FY 2015 Capital Improvementbudget. All vehicle pricing is off the State of Oklahoma PurchasingContract.

EXHIBITS: Memo from Police Captain Jeff Murray along with vehicle quotationsResolution 2015- 08

KEY ISSUES:

1. The police vehicles will replace older units that have been retired or are due to hetaken off line and retired due to age and high maintenance.

2. The purchase of the truck will allow the Fire Department to dedicate their existingChevrolet Tahoe to medical calls. Medical calls are currently responded to using

the department' s rescue truck which could cause issues if the truck was neededelsewhere. Since July 1. 2014 the Fire Department has averaged 19 medical callsmonthly ( 152 year to date). The truck will be driven mostly by the Fire Chief andwill be outfitted to carry needed equipment. The outfitting cost for the unit will hepaid from operational grants received for the tire department.

Agenda Item- Page I of 2

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3. The purchase of the vehicles will be through a 36 month lease purchaseagreement in the amount of$ 145, 883. 00. We estimate the monthly payments forthe lease purchase to be approximately $4200 per month ($ 50,400 per year). total

interest of approximately $ 4, 700 over 36 months.

FUNDING SOURCE: All of these items were approved in the FY 2015 Capital Improvementbudget. We have $ 34, 030 budgeted for the first part of the leasepurchase payments for the police vehicles. We also have $ 34, 000

budgeted for the outfitting of the police units. For the Fire Department.we have$ 38, 000 budgeted for purchase of a vehicle.

RECOMMENDATION: Staff recommends

1. Approve purchase of the live ( 5) vehicles from Hudiburg AutoGroup of Midwest City, OK off of the State of OklahomaPurchasing Contract in the amount of$ 145, 883. 00 via a 36 monthlease purchase agreement.

2. Approval of Purchase Order # 63559 to SMILES of Fort Smith, ARin an amount not to exceed $ 28. 000.

3. Approval of Resolution 2015- 08.

Agenda Item- Page 2„ I' 2

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2015 Police and Fire Chevrolet Tahoes

Keith,

Or March 12, 2015, you along with Chief Franklin asked me to look into prices for Chevrolet Tahoe' s for the Police

Department and the Fire Department. I have contacted Vance Auto Group, Guthrie, OK; Hudiburg Auto Group,Midwest City, OK; Reliable Chevrolet, Richardson, TX, George Nun nley Chevrolet, Bentonville, AR.

I received quotes back from all dealers except Nunnley Chevrolet.

The quotes are as follows.

Hudiburg Auto Group; 4- 2015 Chevrolet Tahoe Police Package 2- wheel drive- Black

28,483. 00 Total for all$ 113, 932. 00

1- 2015 Tahoe Police Package

14-wheelldrive- White

cl31, 194. 00 — d657 lvT[ ZjVirif ,l . 7/, 9s1

My contact with Hudiburg is Jim Mighton ( 405) 737- 3389. Jim assured me that

he could have all 5 vehicles on his lot with 1 week after receiving the go aheadfrom the City of Sallisaw.

Vance Chevrolet; 4- 2015 Chevrolet Tahoe Police Package 2- wheel drive- Black

29, 138. 35 Total for all$ 116, 553. 40 Delivery around April - June

1- 2015 Tahoe Police Package 4- wheel drive- White

32,004. 85 Delivery around June- August

Every time I talked with them I got a different delivery date.

Reliable Chevrolet; 4- 2015 Chevrolet Tahoe Police Package 2- wheel drive- Black

29,919. 00 Total for all$ 119, 676. 00

1- 2014 Tahoe Police Package 4- wheel drive- White

31, 883. 40

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Upfit pricing for Police Vehicles

Currently I have two Quotes for up- fitting of 2015 Chevrolet Tahoe Police Vehicles. Quotes are turn key

minus Police Radio, Radar and In- Car Camera system. We currently have Police Radios, Radars and In-

Car Camera systems to install. We have always installed these pieces.

S. M. I. L. E. S. public safety in Fort Smith, AR. $ 6, 788. 95

Vance Auto Group 8, 003.90

I' m currently waiting on a quote to come back from Hudiburg. I just sent them the specs.

Jeff Murray

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1...

t/OK State Contract Trucks are in stoc $ 31,951 r

w+regYY K. :. T...:' YR-c. 4w:: fi,. mai x- w-Ll' A! %,-nY^. v :: wv.-• .

s.

t 4;,,

4-^ i,, 4.-., f,. nest., ,,/,,,,:i.1:,)::,. i ,;:` Lyy 4,,,, t 1. d *.`+ J s ` r

Nf , Y. I S .. 1- }, 4-' 4. 4'i

yi.T-,•; i.'4, .', y". „

7, :-:•, : R1? F. o '••tA iIT% + -.. q-,.,, .r a `.• l:`,-.

4-,•.;,- i,.'•Yet - t

iCi , 1,} , ti;• 117i: tt .';; 72,`"••4C k'trv'?,%r}`;‘,';..s;: 4,4Xr, a:,„ ' -', T. 444... w.. , , stIsc-4...44F!;isti*... `" ., _,, fi` - S • ' a. ', rCW

Color White, Omit Silver, Black Limited Supply on some colors

2018 Chevy Silverado 4W.p LT Crew Ca MSRP $45,650.00

5. 3 Liter V8

EngineY7.1

6 Speed Automatic

Trailering Equipment tk

Looking diffPower Driver Seat

Front Fog Lamps

Air Conditioning Dual Zone Climate ControlTilt and Telescoping Wheel

Remote Vehicle Start

MyLink Audio System with 8" ScreenBluetooth

Rear Vison Camera

110 Volt Power Outlet 200 Watt18" Bright Aluminum Wheels

18" All Terrain Tires

OnStar with WIFI

Jim Highton 405-81642460

Hudiburg Fleet ServicesQ ., / 6000 Tinker Diagonal

1

C Midwest City, OK 73110t Iv 405-737-3389

09` 1 VLZET SCIWICss

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Hudiburg Auto Group QUOTATION Date: 03- 13- 20156000 Tinker Diagonal

Midwest City, OK 73110 Quote #: 3132015

405-737-3389405-740-9546 Prepare By: jim

Name: Jeff Murray 918- 315-2892

Company: Sallisaw PD

Vehicle Being Quoted: 2015 Tahoe PPV 4X2 Black Item # 1000009318

Description Cost

Base 31153.00 ,

Limited Slip 295.00

Spot Light 490.00

Tinted Glass 295.00

Special Service Discount 3750.00

28483.00

i

X4 Total Cost 113932.00

Comments.

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Hudiburg Auto Group6000 Tinker Diagonal

QUOTATION Date: 03- 13- 2015

Midwest City, OK 73110 Quote 0: 3132015

405-737-3389405-740.9546 Prepare By: jim

Name: Jeff Murray 918-315-2892

Company: Sallisaw Pd

Vehicle Being Quoted: 2015 Tahoe 4X4 White Item # 1000009318

Description Cost

Base 31153.00

Limited Slip 295.00

Spot Light 490.00

Tinted Glass 295.00

Four Wheel Drive 3095.00

Special Service Discount 4134.00

Total Cost 31194. 00

Comments

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Vance Chevroletedivision

Fleet & Government Sales DivisionPO Box 400, Guthrie, OK 73044-0400 JOHN405-282- 3800405-282- 3800 Fax: 405-260-3010 A U* O A o u P

Wh. r. It's c. mI. rt. Yl. to buy. ear.-

City of Sallisaw115 East ChoctawP.O.

BoxSales QuotationSallisaw, OKK 74955

Phone: ( 918) 775-6241Fax: ( 918)775-4194 Questions? Please call BRYAN STALLINGSat 405-282-3800

Quote Number: 012929 Date 3/ 6/2015 Quote Expires: 4/ 5/ 2015

Part# Description Price

SW035 OKLAHOMA STATE CONTRACT

4 1000009398-CC15706 2015 Chevrolet Tahoe 28,480.004113,920.0014 L83 5. 3 Liter V8 Engine 0. 00 0.004 ; MYC 6 Speed Auto Transmission 0. 00 0.00

4 ' GU4 3. 08 Rear Axle 0. 00 0.00:

4 ; UT7 Ground Studs& Radio Suppressions Straps 83.60 $ 334.4014 I UE1 OnStar w/ Bluetooth& WI- Fl Ready 80.75 $ 323. 00 j4 16J3 Wiring, Grill Lamp and Siren Speaker 193. 00, $ 772.00

4 : 9G8 Daytime Running/Auto Headlamp Delete 10.00: $ 40.00

4 ' 5HP Extra Keys 158.00 $ 632.00

4 ; AMF Extra Remotes 75.00 $ 300.00

4 ! 6300 HD Rubber Flooring 58. 00) ($ 232.00) 14 ; RWS Rear Window Inop Switch (selectible) 57.00 $ 228.0014 I DNI Rear Door Handle Inop Switch ( selectible) 59.00, $ 236.00

4 ' 7X6 Driver Side Spot Light 0.00 0.00

4 RAP 17" Black Steel Wheels- Police Rated 0.00 0.00'

4 9U3 Delete Center Console 0.00 0.00

4 5T5 Cloth Front& Vinyl Rear Seats 0.00 0.00!

4 I GBA Ext Color: Black 0.00 0.00 j

I

1

Sub-Total 116, 553.40

Tax

Total 116,553.40

Dealer

Thank you for the opportunity to be of service. IApproval:

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Vance Chevrolet edi" so°"°'

Fleet & Government Sales Division

PO Box 400, Guthrie, OK 73044-0400 JOHN ANCEAUT ROUP405-282- 3800 Fax: 405-260-3010

WMro Nis ee,n/ertab. to buy at cm...

Anthony ArmstrongCity of Sallisaw Fire Dept

Phone: ( 918)775-4115 Sales QuotationQuestions? Please call BRYAN STALLINGSat 405-282-3800

Quote Number: 012953 Date 3/ 11/ 2015 Quote Expires: 4/ 10/2015

Part 14 Description 1 Price iSW035 OKLAHOMA STATE CONTRACT

1 1000009398-CC15706 2015 Chevrolet Tahoe 28,480. 00 $ 28,480. 00;1 9C1- 4WD Police Pursuit Vehicle 4WD 2,897.00 $ 2, 897.00;1 L83 5. 3 Liter V8 Engine 0. 00 0. 0011 MYC 6 Speed Auto Transmission 0. 00 0.0011 5HP Extra Keys 158.00 $ 158.0011 9G8 Daytime Running/Auto Headlamp Delete 10.00 $ 10.00

1 7X6 Driver Side Spot Light 0.00 0.001 5T5 Cloth Front& Vinyl Rear Seats 0.00 0.00

1 9U3 Delete Center Console 0.00 0.0011 BTV Keyless Entry& Remote Vehicle Start 190.001 $ 190.001

1 G80 Locking Rear Differential 0.001 0.00

1 UE1 OnStar w/ Bluetooth& WI- Fl Ready 80.75 $ 80.75

1 UT7 Ground Studs& Radio Suppressions Straps 83.601 $ 83.6011 GU4 3. 08 Rear Axle 0. 00 0.00

1 RAP 17" Black Steel Wheels- Police Rated 0. 00 0.00,

1 1 AZ3 40/20/40 Front Seat 0. 00 0. 00

1 i B3OD HD Rubber Flooring 58.00) ($ 58.00)

1 i V76 Recovery Hooks 47.50 $ 47.50'

1 1 DHI Rear Door Handle Mop Switch ( selectible) 59. 00 $ 59.00;

1 ; RWS Rear Window Inop Switch (selectible) 57.00 $ 57. 0011 GAZ Ext Color: Summit White 0. 00, 0.00

1

Sub-Total 32,004. 85

Tax

Total 32,004.85

Dealer

Thank you for the opportunity to be of service. IApproval:

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0 0-

RELIABLE CHEVROLET 1a; e March 13, 2015

HOME OF THE ENFORCER POLICE PACKAGE INVOICE.. r

REMIT ADDRESS: FOR: QUOTE GOOD FOR AS LONG AS

800 North Central Expressway 2014 TAHOE SSV txanMOT wvncrSWIM crmrwAuu

Richardson, Texas 75080 WHITE HILL 10: CITY OF SALLLSAW, OK

Phone 972-952- 1561 LOCATE JEFF MURRAY t

Fax: 972- 952- 8172 NOTE OIMSRCUT0PP FOR 3114 MOS PPV IE AIIOUST 23, 8013

Email: dadams(@reliablechevrolet.com Estlnrbd tune of delnry to dealer r4 2015 attar receipt of PO a 85- 105 days far all but Capnoa

THIS ONOTE IS SASED ON: E. ne. rd nm. of delivery to dealer d 2015 alter receipt of PO is 145. 160 days for Capnoa

GM SD EXPRESS FOR SALJJSAW, OK TumRw. stimated km. of delivery of wt being uplifted is 5. 7 weeks after receipt of ventde

1) CK10706• TAHOE SSV- ITEM 445CLE

INCLUDES ALL THE STANDARD EQUIPMENT PLUS THE FOLLOWING:

7X6- LH SPOTLAMP

AZ3- FRONT 40/ 20/ 40 SEATS

G80- LOCKING DIFFERENTIAL

K5T- DUAL BATTERY

NZZ- SKID PLATES

QJP- 17" ON/OFF ROAD TIRES

PLUS THE FOLLOWING OPTIONS AS REQUESTED NOT ON CONTRACT

NONE

TOTAL FOR TAHOE SSV PRICED FOB RICHARDSON, TEXAS 31883.40

I INVITE YOU TO INVESTIGATE THE 81- 2000 ONLINE SERVICE FROM GM FOR MANUALS

THIS SERVICE IS AVAILABLE AT NO COST TO FLEETS AND IS REAL TIME INFO.

ueTOTAL $ 31, 183.40

Toac users CANNOT BE MILD WT11ouT LETTER OF INTHO To PURCIwK or PC AA' FATE 0. 00%

Make all checks payable to RELIABLE CHEVROLET If you have anyn L TA,;

questions concerning this invoice, contact: J Ii1E k

Doug Adams, Fleet and Commercial Manager972- 952- 1561 direct line, 972-952- 8172 fax. dadamsOreliablechevrolet com

TOTAL $ 31,183.40

THANK YOU FOR YOUR BUSINESS!

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RELIABLE CHEVROLET UnfE March 13, 2015

HOME OF THE ENFORCER POLICE PACKAGE INV: Mr.

REMIT ADDRESS: F-01?. QUOTE 0000 AFTER 00012014

800 North Central Expressway 2011 TAHOE• C1 aa LONG Al CONTRACT N EmCT

Richardson, Texas 75080 STOCK- SPEC 41180 Ei1L 1 70: CITY Of SALLISAW, OK

Phone: 972- 952- 1581 SLACK JEFF MURRAY

Fax: 972- 952- 8172 ROTC MS AMIE A FEIN AIN income Imo= MO LONOEN ON CONTRACT

Email: dadams© reliablechevrolet.com EwmN. d wns a dsilvery to orator 012015 anar receipt of PO w 55- 105 days for all but Capra

THIS QUOTE M EASED ON: Estimated time of delivery to Osier of 2015 after radelpt of PO is 145- 150 days for Caprice( AFTER JAN)

OM IND EXPRESS FOR SALLJISAW, OK Turnkey eamaNd time of* Awry a ww being witted i. 5-7 waits after waifl of vends

1) CC1S706- TAHOE SCI • ITEM 41SCLE

INCLUDES ALL THE STD EQUIPMENT PLUS THE FOLLOWING OPTIONS:

K4B- DUAL BATTERY standard

G80- REAR LOCKING DIFFERENTIAL------ standard

PLUS THE FOLLOWING OPTIONS ON STOCK UNITS:

7X6- LH SPOTLAMP

5T5- VINYL REAR SEAT

AMF• 6 PACK REMOTES

V76- FRONT RECOVERY HOOKS

5HP- 6 SPARE KEYS

6E2• SINGLE KEYED ALIKE

PLUS THE FOLLOWING OPTIONS REQUESTED BY ENTITY:

NONE

TOTAL FOR UNIT USING BD ASSISTANCE PRICED FOB RICHARDSON, TX 29919.00

I INURE YOU TO INVESTIGATE THE SI-2000 ONLINE SERVICE FROM GM FOR MANUALS

THIS SERVICE IS AVAILABLE AT NO COST TO FLEETS AND IS REAL TI111 INFO.

UBTOTAL $ 211, 516.00

Toa Wry CAMNOT ea HELD. WTlldUT UTTER OF POINT TO 1e. W4Aea w PC A X f,•11 0. 00%

Make ail chaos payable to RELIABLE CHEVROLET If you have any3 Jl FS' rA.<

questions concerning this Invoice, contact' J 171Ehr

Doug Adams, Fleet and Commercial Manager972- 952- 1561 direct line, 972-952- 8172 fax, dadama reiiaoischevrolef corn

TOTAL $ 25515.00 t{F

THANK YOU FOR YOUR BUSINESS! TOTAL FOR( 4) UNITS 119,171.00

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Safety Materials Installation for Law Estimate43QQSout:hnLerorvStreet

Date Estimate#

3/ 4/ 2015 3212

Name/ Address

Sallisaw Police Dept

11113 North Elm

Sallisaw, OK 74955

Project

Item Description Qty Cost Total

2015 TAHOE PLATFORM

LTR-502024-0-RB 49" Dual Color Torrent R/ B split( red over driver) dual 6 1 1, 495. 00 1, 495,00'1

diode LED TD's/LED alleys/ composite mounts

go industries 38737 2015 TAHOE PUSHBUMPER 1 325. 00 325. 00T

MS6BH-RB 6 DIODE MULTI MOUNT LED PUSHBUMPER 2 89. 845 179. 69' 1

FRONT

ST6- R/ B 6 Diode super thin surface mount LED side of 2 85. 80 171. 60T

pushbumper

PAL06AB-RBRB PAL 6 CORNER LED KIT SPLIT RED/ BLUE 1 154.44 154. 44T

REVERSE LIGHTS

MS3BS- B 3 diode surface mount light head- blue LIC'E:NSE 1 56. 74 56.74T

PLATE RIGHT

mblpm3bs Dual head license plate bracket for ms- 3 1 24.00 24. 00 F

MS3BS- R 3 diode surface mount light head- red LICENSE; 1 56. 74 56. 74T

PLATTE LEFT

MS6BS- RB 6 DIODE MINI SPECTOR IN RED/BLUE REAR 2 80. 39 160. 781

WINDOW

475- 0863 2015+ Chevrolet Tahoe Cargo Barrier 1 434. 00 434.001

475- 0865 2015+ Tahoe Space Creator Partition 11S/ 11V 1 665. 00 665. 00T

475- 0051 Dual Weapon mount for vertical installation for Ar- 15 1 266. 80 266. 801

and shotgun

425- 6011 12" medium console with faceplates I 142. 08 142.081

Assembled Produc... 2015+ Floor Plate for TAHOE I 125. 14 125. 141

425- 3704 ABS Dual Cup Holder Faceplate Mount I 38.69 38.69T

425- 6411 CONSOLE ACCESSORY- UNIVERSAL 1 86. 30 86. 30T

ARM REST ADJUSTABLE

1252 17' coax with NMO end1 20.00 20.00T

1115- B VHF black 1/ 4 wave antenna I 20. 00 20. 00T

Is- 100 100 Watt- 11 ohm Cast Speaker 1 151. 95 151. 951

Total

Customer Signature

Page 1

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SafetygMaterials Installation for LawEstimate

343}rSorOgin

roStreetDate Estimate#

3/ 4/ 2015 3212

Name/ Address

Sallisaw Police Dept

1 1 113 North Elm

Sallisaw, OK 74955

Project

Item Description Qty Cost Total

SC- 409- 10 14 COMMANDER 100/ 200 watt programmable light I 425. 00 425. 001

control siren

Labor Installation ofequipment 14 60. 00 840. 001

Graphics Installation and Manufacture of Custom Vehicle Graphics I 350.00 350. 00T

Door Wrap Wrap Vehicle Doors White 1 600. 00 600.00T

Out-of-state sale, exempt from sales tax 0. 00% 0 00

Total 6, 788. 95

Customer Signature

Page 2

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Mar. 12. 2( 115 2:; 7PM Vo. 0P3 P. 1

John Vance Auto GroupFleet& Government Sales Division

PO Box 400 Guthrie, OK 73044-0400 JOHNVANCEAUTO uFICUP

405-282-3800 Fax: 405-260-3010 i"• iib1i a bier•

JEFF MURRAY

City of Sallisaw115 East ChoctawP.O. Box 525 Sales QuotationSallisaw, OK 74955Phone: (918)775-4181 Questions? Please call WIL ORSBURNFax: (918)775-4194 Quote Number: 012971 Date 3/ 12/ 2015 Quote Expires: 4/ 11/ 2015

Qty , Part# Description _ Price Extend

EMERGENCY EQUIPMENT FOR 2015 TAHOE

1 T49DCLB 49" TORRENT LED DUAL COLOR OVERHEAD $ 1, 345. 96 1, 345. 96LIGHT BAR W/ LED TAKEDOWNS

2 MS6BSR MS6 LEDs RED: ON PUSH BUMPER FRNT 65.00 130. 002 MSBBSB MSB LEDs BLUE: ON PUSHBUMPER FRNT 66.00 130. 005 MS6BSS MS6 LEDs RED/BLUE SPLIT: 2 ON 65.00 390. 00

PUSHBUMPER SIDES, 2 IN R QTR WNDWS, 2ON TAG

1 4 H2209RB LED HIDE AWAY, RED/ BLUE SPLIT: 4 CRN RS 90.00 360.008 MBGSMS6BS L BRACKET FOR SINGLE SURFACE MOUNT 19.35 116. 101 MBLPMS6BS DUAL HEAD LICENSE PLATE BRACKET 25.23 25.201 BK0534TAH15 PB400 ALUM PUSH BUMPER FOR 2015 265.00 265.00

TAHOE

1 425-8232 LAZY L- 18" POLICE CONSOLE 276. 00 276.1 425-8022 FLOORPLATE FOR 2016 CHEVY TAHOE 149. 00 149.003 425-8035 JOTTO DESK MIC CLIP 13.68, 541. 04

1 425-6038 CUPHOLDERS 64. 68 564.68

1 425-8260 ADJUSTABLE ARMREST 78.

0078.00

1 3P 2) ACCESSORY 12 VOLT PLUGS 525.00 525.00

1 SC409 CARSON COMMANDER SIREN/ LIGHT 402.00 402. 00CONTROL

1 S- 2009 TRITON 100 WATT SPEAKER W/BRACKET 129.00 129. 001 PK049TAH16SCA SETINA RECESSED PANEL PARTITION, 10RP 620.00 620.00

I PK0123TAH152ND SETINA 12VS REAR PARTITION, EXP MTL 322.00 322,00 l1 1 LRP SETINA RECESSED PANEL w/ LOWER 115.00 115. 00'

I accept the terms and conditions of this quotation.Signed: Sub-Total 8, 003. 90

LABOR

Name: Title: Tag & Tax

Terms:1) TAO& TAXES NOT INCLUDED UNLESS fl 41ZED ON QUOTE. I Total 8,003.90

2) ALL FLEET REBATES& INCENTIVES INCLUDED IN TOTAL PRICE.3) PURCHASE ORDER REQUIRED TO ORDER VEHICLE4) BALANCE DUE AT TIME OF DELIVERY UNLESS PREVIOUSARRRNOEiIIENTS-AREMAD-_._

Dealer yze/..Thank you for the opportunity to be of service. Approval.

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Mu. 12. 201; 2:; VM Vo, 0073 F. 2

Qty Part# Description Price Extend

EXTENSIONDCL SE71NA DUAL GUN LOCK 5442.75 442. 75

I COAX 3/ 4" MOUNT 17FT ANTENNA COAX 518.38 18. 381 35951 1/ 4 WAVE ANTENNA 510 17 10. 171 5028 FUSE BLOCK 6 POINT 5400 54.001 DISC EMERGENCY BATTERY SHUT OFF SWITCH 54 62 54.621 SHIP SHIPPING& HANDLING 200.00 200.001 KIT INSTALLATION MATERIALS 200,00 200.001 INSTALL PROFESSIONAL INSTALLATION 2, 040.00 2, 040.00

GRAPHICS AND DOOR WRAPS:APPROXIMATELY$ 1, 000.00

A MORE ACCURATE NUMBER CAN BE GIVENWHEN FURTHER DETAILS ARE PROVIDEDSUCH AS BLACK LETTERING OR

REFLECTIVING LETTERING, FULL ORPARTIAL DOOR WRAPS, ETC.

I accept the terms and conditions of this quotation. Sub-Total 8, 003.90

Signed:

Name: Title' LABOR

Terms: SEE PAGE 1 OF QUOTE Tax

Total 8, 003. 90Po#

Thank you for the opportunity to be of service

I

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RESOLUTION NO. 2015-08

A RESOLUTION AUTHORIZING EXECUTION

OF A LEASE PURCHASE AGREEMENT

ON VEHICLES

WHEREAS, the City of Sallisaw is in need of four ( 4) new patrol units, and one ( 1 )

new fire department vehicle., and

WHEREAS, the City of Sallisaw has an opportunity to enter into a lease purchaseagreement on four ( 4) 2015 Chevrolet Tahoe police package vehicles, and One ( I ) 2015

Chevrolet LT 4WD pickup with Hudiburg Auto Group of Midwest City, Oklahoma anddoes not desire to purchase said vehicles with cash.

NOW, THEREFORE, BE IT RESOLVED by the Board of City Commissioners ofthe City of Sallisaw, Oklahoma:

That the City of Sallisaw, Oklahoma, lease from Hudiburg Auto Group of MidwestCity, Oklahoma, according to the terms of a certain lease purchase agreement for a termof thirty- six ( 36) months, and renewable thereafter, with a purchase price of

5 145, 883 set forth therein, lour ( 4) Chevrolet Tahoe police package vehicles, and

one ( 1 ) 2015 Chevrolet LT 4WD pickup.

BE IT FURTHER RESOLVED, THAT THE SAID BOARD OF CITY

COMMISSIONERS OF THE CITY OF SALLISAW, OKLAHOMA, finds,

determines and declares that Julia Ferguson, Mayor of the City of Sallisavv, he and she ishereby authorized and directed to execute said lease purchase agreement for the City ofSallisaw, Oklahoma.

PASSED AND APPROVED this 25'1

day of MARCH , 2015.

CITY OF SALLISAW, OKLAHOMA

Julie Ferguson, Mayor

ATTEST:

Dianna Davis, City Clerk

SEAL)

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OF A

AGENDA ITEM COMMENTARY

4-6404'

MEETING DATE: March 25, 2015 BOARD: Board of City Commissioners

ITEM TITLE: Consider Approval of Items Related to the Construction of the New AnimalShelter

a) Consider Award of Bid to, and Approval of Contract with,B& B Welding, Inc. of Sallisaw. Oklahoma, in the Amount of

125, 158. 88, for the Construction of a New Animal Shelter

b) Consider Approval of Staff Request for additional funding inan amount not 10 exceed $ 10, 000. 00, to allow city personnel toconstruct kennels and provide basic needs of the shelter

INITIATOR: Keith Skelton, Assistant City Manager/ Director of FinanceTerry Franklin, Chief of PoliceBill Baker, City Manager

STAFF INFORMATION SOURCE: B& B Welding

BACKGROUND: Bids for construction of a new animal shelter were opened by the Board ofCity Commissioners on March 9. 2015. Bid results were as follows:

1. B& B Welding. Sallisaw, OK 125, 158. 88

2. Cedar Ridge Gen. Contr., FIX', Woodward, OK $ 182, 000.00

3. Zenith Construction, Tahlequah, OK 168. 445. 00

4. Hoey Construction, Tulsa, OK 399, 000.00

EXHIBITS: Contract

KEY ISSUES:

1. With the closing of the original animal shelter, shelter operations have moved to atemporary location on Eppler Road. This facility is sufficient for temporary use only andis not meant for a long term solution.

2. A new permanent animal shelter facility is badly needed in order to provide animalcontrol services to the community and to allow for caring of the animals in a controlledenvironment. This facility will serve Sallisaw' s animal control needs for many years.

3. New facility meets all known regulations regarding animal shelters.

4. The facility will he built without kennels. City staff with the parks and police departmentwill construct the kennels as they did at the temporary facility. In addition to the kennels.staff will also construct a service counter in the office area of the facility.

Agenda Item Tage I of 2

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FUNDING SOURCE: City ofSallisaw Capital Improvement Fund. Current budget of$ 100, 000will he supplemented by an additional $ 25, 158. 88 from the capital

improvement contingency to cover the contract. In addition we are

requesting an additional amount no! to exceed S10,0U0 to allow citycrews to construct kennels and provide other basic needs of the shelter.The contingency account balance is currently $ 248. 436. Approval of

these items will reduce the contingency account by $ 35, 158. 88.

RECOMMENDATION: Award of bid to. and approval of contract with. B& B Welding, Inc.of Sallisaw in the amount of $125, 158. 88, for the construction of a

new animal shelter.

Approval of staff request for additional funding in an amount not toexceed $ 10, 000. 00, to allow city personnel to construct kennels andprovide other basic needs of the shelter.

Agenda Item- Page 2 oft

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CONTRACT

MI5 CONTRACT AND AGREEMENT is made and entered into this 25`1'

day of

MARCH, 2015, by and between the City of Sallisaw, acting by and through the Board

of City Commissioners, and Bill Buckner, Jr. d/ b/ a B & B Welding

hereinafter termed " Contractor."

WITNESSETH

WHEREAS, the City of Sallisaw has caused to he prepared in accordance with law certain plans,specifications and other bidding documents for the work hereinafter described, and has approved andadopted all of the bidding documents, and has caused Notice to Bidders to be given and advertised asrequired by law, and has received sealed bids for the:

CONSTRUCTION OF ANIMAL SHELTER

as outlined and set out in the bidding documents and in accordance with the terms and provisions of thisContract: and

WHEREAS. Contractor, in response to the Notice to Bidders, has submitted to the City ofSallisaw, in the manner and at the time specified, a sealed hid in accordance with the terms of thisContract: and

WHEREAS, the City of Sallisaw, in the manner provided by law, has publicly opened, examinedand canvassed the bids submitted and has determined and declared Contractor to be the lowest

responsible bidder on the above described project, and has duly awarded this Contract to Contractor forthe sum named in the bid, to-wit:

One Hundred Twenty Five Thousand, One Hundred Fifty Eight Dollars andEighty Eight Cents ($ 125, 158. 88 ):

NOW, TI HEREFORE, for and in consideration of the mutual agreements and covenants herein

obtained, the parties to this Contract have agreed, and hereby agree, as follows:

1. Contractor shall, in a good and first class, workmanlike manner, at his own cost and expense,

furnish all labor, materials, tools and equipment required to perform and complete the work in

strict accordance with this Contract, the plans, the specifications and the following ContractDocuments: Statutory Bond, Performance Bond, Maintenance Bond, Bid, Business Relationships

Affidavit, Bid Affidavit, Noncollusion Affidavit and Notice of Award. all of which documentsarc on file in the office of the City Clerk, City of Sallisaw, OK , 115 East Choctaw. Sallisaw, OK.

and made a part of this Contract as fully as if the same were herein set out at length.

2. No work shall commence before a written Notice to Proceed is issued by the City. The

Contractor shall fully complete the project within the time specified in the Notice to Proceed and

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Bid specifications. The Contractor agrees to pay as liquidated damages, the sum of$ 150. 00 foreach consecutive calendar day thereafter.

3. The City of Sallisaw shall make payments to Contractor in the following manner: All contractorpay requests shall he given to the City' s Project Coordinator. On or about the first day of eachmonth, the Project Coordinator will make an accurate estimate of the value, based on theapproximate percentage of work complete and materials incorporated in the work, and of

materials suitably stored at the site thereof during the preceding calendar month. Contractor shallfurnish to the Project Coordinator such detailed information as he may request to aid him as aguide in the preparation of the monthly estimate. The City of Sallisaw may withhold up to 5% of

all partial payments as retainage ( 61 O. S. Section 113. 2). Retainage may be withdrawn bycontractor as specified in 61 O. S. Section 113. 2.

4. On completion of the work, but prior to acceptance thereof by the City of Sallisaw, it shall he the

duty of the Project Coordinator to determine that the work has been completely and fullyperformed in accordance with the Contract Documents; and upon making such determination theofficial shall make his final certificate to the City of Sallisaw. Contractors hall furnish proof thatall claims and obligations incurred by him/ her in connection with the performance of the workhave been fully paid and settled. This information shall be in the form of an affidavit, which shallhear the approval of the surety on the statutory bonds for payment of the final estimate tocontractor. Upon acceptance of the work by the City of Sallisaw, the final estimate ( includingretainages) will be approved and paid.

5. The sworn, notarized statement below must he signed and notarized before this Contract willbecome effective.

IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed, in two

2) duplicate originals, the day and year first above written.

CITY OF SALLISAW

By:Julia Ferguson, Mayor

ATTEST:

Dianna Davis, City Clerk

SEAL)

CONTRACTOR

By:

Title:

Address:

ATTEST:

Secretary

SEAT.

Note: If Contractor is a corporation, secretary must attest.

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