McGee Creek Authority

AGENDA March 9, 2023 11:00 AM The Lake Atoka Reservation Association Meeting will be held immediately following the McGee Creek Authority meeting. Trustees: James D. Couch, OCWUT Chairman Bret Weingart, Surrogate Brian Cathey, Vice-Chairman, Mayor of The City of Atoka Coby Sherrill, Surrogate David Holt, Trustee, Mayor of The City of Oklahoma City Mark K. Stonecipher, Surrogate Spike Eaves, Trustee, Atoka County Commissioner Ethan Settlemire, Surrogate, Atoka County Commissioner Vacant, Trustee, Southern Oklahoma Development Trust Vacant, Surrogate Chris Browning, General Manager Charity Robertson, Secretary City Council Chambers, Third Floor 200 North Walker Avenue, Oklahoma City, Oklahoma McGee Creek Authority Page 1 of 5 March 09, 2023  McGEE CREEK AUTHORITY MEETING INFORMATION The McGee Creek Authority (Trust) typically meets twice a year. The first meeting is usually held in spring in Council Chamber at City Hall, 200 North Walker Avenue, Oklahoma City, Oklahoma. The second meeting is usually held in fall in Atoka County. Notices of or changes to meeting dates and locations are posted prior to the meeting. It is the policy of the Trust to ensure communication with participants and members of the public with disabilities are as effective as communications with others. Anyone with a disability who requires accommodations, modifications of policies or procedures or auxiliary aid or services to participate in this meeting should call (405) 297-2422 or TDD (405) 297-2020 at least 48 hours in advance (excluding weekends or holidays). The staff will give primary consideration to the choice of auxiliary aid or service requested by the individual with disability. If you need an alternate format of the agenda or any information provided at this meeting, please call (405) 297- 2422 at least 48 hours before the meeting. Safety Guidelines Face coverings are strongly recommended (disposable face masks will be available) and hand sanitizer will be available. Addressing the Trust Citizens may address the Board on certain items by signing up to speak and providing the agenda item number and reason for appearing, but all comments must be relevant to the item. The Chairman or presiding officer may in his or her discretion prohibit a person from addressing the Board or have any person removed from the building if that person commits any behavior which disturbs, interferes, or disrupts the meeting including without limitation any of the following: speaking without being recognized by the Chairman or presiding officer; continuing to speak after notice that the speaker’s allotted time has expired; presenting comments or material not relevant to the item under discussion; failing to comply with the lawful instructions of the Chairman or presiding officer; engaging in other conduct, activity, or speech that disturbs, interferes, or disrupts with the effective or timely conduct of the meeting, or is otherwise violent, threatening, abusive, obscene, or jeopardizing the safety of self or others. A person may also be subject to removal from the building for violation of Okla. Stat. Tit. 21, Sec. 280 – Willfully Disturbing, Interfering With or Disrupting State Business, Agency Operations or Employees. Citizens will be limited to three minutes to speak to the Trust. Trust Actions The Trust may take any of several actions including but not limited to adopt, approve, ratify, deny, defer, recommend, amend, strike, or continue any item. The Trust is not limited by staff recommendations as to the actions it may take. If more information is needed, the Trust may refer matters to the General Manager or to Legal Counsel, or submit them to committees, boards, commissions, or independent consultants for additional study. Trust may authorize the General Manager or Legal Counsel to take certain actions. Items may be stricken from the agenda, or no action may be taken. Consent Docket Consent Docket items are usually approved as a group with the proper motion from a Trustee. Consent docket items usually involve routine actions or standard contracts. Trustees, staff, or citizens may request discussion or separate consideration of any Consent Docket item. A separate vote may be taken upon the motion of a Trustee. To confirm meeting dates or for more information about the Trust, call (405) 297-2422. McGee Creek Authority Page 2 of 5 March 09, 2023  AGENDA McGee Creek Authority March 9, 2023 I. Call to Order II. Approve the Minutes of the September 15, 2022, McGee Creek Authority Meeting. III. Consent Docket A. Amendment No. 2 to the Contract for Professional Engineer Services with Smith Roberts Baldischwiler, LLC, Project WMC0TE, independent engineer to serve the McGee Creek Authority, annual fee not to exceed $650,000, March 19, 2023, through December 31, 2023. B. Approve audit contract with Allen, Gibbs & Houlik, L.C., audit services for Fiscal Year 2023, AC-23-0004-MA, not to exceed $25,159. C. Cooperative Agreement with the Oklahoma Department of Agriculture, Food, and Forestry, AC-23-0003-OK, for the trapping of feral hogs and buzzards in and around the McGee Creek State Park, retroactive to March 1, 2023, through February 28, 2024, cost $15,000. D. Resolution ratifying the actions of the General Manager in approving plans and specifications to be advertised for bids, ratifying and approving Addendum No. 1; awarding contract to Ellsworth Construction OKC, LLC, Project WMC-035-1, facility road improvements, McGee Creek Reservoir, Farris, Oklahoma; $2,009,931.85; and approving contract and bonds. E. Resolution ratifying the actions of the General Manager in approving plans and specifications to be advertised for bids, WMC-036 and WMC-039, Bureau of Reclamation inspection and regulating tank improvements, McGee Creek Reservoir, Farris, Oklahoma. F. Resolution ratifying the actions of the General Manager in appointing the Secretary of the McGee Creek Authority. G. Resolution ratifying the actions of the General Manager in updating the McGee Creek Authority Uniform Policy, estimated annual cost $4,000, retroactive to January 1, 2023. H. Selection of BancFirst, AmeriState Bank, Bank of Oklahoma, and JPMorgan Chase Bank as McGee Creek Authority depositories for Fiscal Year 2024. I. Ratification of McGee Creek Authority payments for August 3, 2022, through February 7, 2023. McGee Creek Authority Page 3 of 5 March 09, 2023 IV. Items for Individual Consideration A. Receive Audited Annual Financial Report and Communications Related to the Audit for the McGee Creek Authority for fiscal year ended June 30, 2022. B. 1. Presentation on the McGee Creek Authority Fiscal Year 2024 budget; and, 2. Resolution adopting the McGee Creek Authority Fiscal Year 2024 budget, capital improvement projects, and pay plan; and directing the General Manager to implement and administer the budget and capital improvement projects, including but not limited to development of plans, specifications, bid solicitations, bid evaluations, contract negotiations, and award recommendations in accordance with the McGee Creek Authority Purchasing Policy and Procedures; and delegating to the Chairman the authority to award and execute contracts as needed, which comply with applicable law and do not exceed the funds available in the McGee Creek Authority Fiscal Year 2024 budget, pursuant hereto for ratification by the Trustees. C. Fiscal Year 2024 Loan Agreement with the Oklahoma City Water Utilities Trust, AC-23-0005-LA, estimated cost $2,692,000. D. Resolution directing the General Manager to request Participants make an election regarding annual aliquot costs for Fiscal Year 2024 in accordance with the McGee Creek Amended Trust Indenture. E. Resolution appropriating McGee Creek Authority funds, as such become available, for the Fiscal Year 2024 equipment replacement; authorizing the General Manager, or designee, to purchase such equipment items from state and other intergovernmental cooperative purchasing contracts bid and awarded in a manner consistent with the practices of the Trust and/or state law, and directing the General Manager, or designee, to prepare bid specifications or requests for proposals for remaining equipment, formally advertise, and present derived proposed contracts to the Trust for award; and authorizing the General Manager, or designee, to declare Fiscal Year 2024 surplus items that are sold for more than $25,000 as surplus to the needs of the McGee Creek Authority, estimated cost $242,000. F. Resolution ratifying the actions of the General Manager in implementing a seven percent pay plan adjustment retroactive to July 1, 2022, a three percent one-time individual stipend for all current full-time McGee Creek Authority employees, and approving a new pay plan retroactive to July 1, 2022, through June 30, 2023, total estimated cost $26,200. McGee Creek Authority Page 4 of 5 March 09, 2023  G. Resolution authorizing and directing the General Manager to establish and administer procurement policies and practices in accordance with applicable law and the Trust Indenture and Bond Indenture and in accordance with this Resolution; directing the General Manager to review and approve contracts not more than $100,000 awarded by informal bidding procedures, awarded pursuant to emergencies, or awarded to sole sources; authorize the General Manager to approve contracts and purchases from competitively bid contracts awarded by The City of Oklahoma City, by Trusts of which The City of Oklahoma City is a beneficiary, or by the State of Oklahoma and its state agencies; authorizing the General Manager to declare emergencies, as is necessary for the protection of critical assets, the continuous operation of utility facilities, the provision of the utility services, and/or the public health, safety, and/or welfare, and to award emergency contracts subject to subsequent ratification and approval of the McGee Creek Authority; and repealing any previously established procurement policies and practices in conflict herewith. H. 1. Resolution authorizing the General Manager to settle the case of Meridian Contracting, Inc. v. McGee Creek Authority, the Oklahoma City Water Utilities Trust, and The City of Oklahoma City, Oklahoma County District Court Case No. CJ-2021-5351, in an amount not to exceed ten thousand dollars and authorizing legal counsel to execute necessary settlement documents; and 2. Confidential Settlement Agreement and Release with Meridian Contracting, Inc., the McGee Creek Authority, the Oklahoma City Water Utilities Trust, and The City of Oklahoma City, cost $8,786.64. V. Items from Trustees VI. General Manager Reports A. Water Use Report for Calendar Year 2022. B. Operations and Lake Levels and Pumpage Report. C. Presentation – Project Updates. VII. Citizens to be Heard VIII. Adjournment McGee Creek Authority Page 5 of 5 March 09, 2023