Special Call Agenda Muskogee War Memorial Park Authority June 2, 2021

The City of Muskogee encourages participation from all its citizens in public meetings. If participation is not possible due to a disability, notify the City Clerk, in writing, at least forty-eight hours prior to the scheduled meeting and necessary accommodations will be made (ADA 28 CFR/36). SPECIAL CALL AGENDA MUSKOGEE WAR MEMORIAL PARK AUTHORITY JUNE 2, 2021

***If you are a Board Member and are unable to attend, please contact the City Clerk's Office at 918/684-6270.***

To: MEMBERS OF THE MUSKOGEE WAR MEMORIAL PARK AUTHORITY

Alex Reynolds, Chair Andy Simmons, Trustee Stephanie Morgan, Vice Chair Jack "Bo" Highers, Trustee David Weston, Trustee Charles Floyd, Trustee William Barnes, Trustee Victor Lezama, Trustee Dan Hall, Trustee

Honorary Members: George Abel, Tom Clayton, Nancy Ellis, Nick Guagliardo, Lanny Cartwright, Kim Crissler, and James Gulley

FROM: TAMMY L. TRACY, SECRETARY

RE: NOTICE AND AGENDA OF THE SPECIAL CALL MEETING OF THE MUSKOGEE WAR MEMORIAL PARK AUTHORITY

DATE: JUNE 2, 2021 TIME: 9:00 A.M. PLACE: WAR MEMORIAL PARK, 3500 BATFISH ROAD, MUSKOGEE, OK Call to order Roll Call

1. Consider approval of Minutes for April 28, 2021, or take other necessary action. (Chair Alex Reynolds)

2. Consider approval to receive financials for the month ending February 28, 2021, or take other necessary action. (Chair Alex Reynolds)

3. Consider approval to receive financials for the month ending March 31, 2021, or take other necessary action. (Chair Alex Reynolds)

4. Consider approval to receive financials for the month ending April 30, 2021, or take other necessary action. (Chair Alex Reynolds)

5. Receive report on status of the FEMA Project for the U.S.S. Batfish, and take other necessary action. (Kelly Bolding)

6. Consider approval to authorize an amendment to the Professional Services Agreement with BKL Engineering, permitting an increase not to exceed $20,000.00, to subcontractor Guy Engineering for services performed in Phase 1 of the project, and if appropriate, authorize the Chair to negotiate and execute the amendment, subject to available funding, or take other necessary action. (Kelly Bolding)

7. Consider approval to enter into a contract with BKL Engineering, hiring them as Lead Engineer on the Restoration Phase of the Batfish Project and authorize the Chair to negotiate and execute the contract, subject to available funding, or take other necessary action. (Kelly Bolding)

8. Discuss and take action to appoint a successor Trustee to fill the expired term of David Weston. (Chair Alex Reynolds)

9. Discuss financial records, management, and museum operations for prior fiscal years, and if necessary, take possible action to direct an investigation and audit into the same, including authorizing the Chair to negotiate and execute a contract with a third party to perform said investigation and audit. (Chair Alex Reynolds)

10. Discuss and take action to approve an Independent Contractor Agreement with Victor Lezama to perform certain duties at the War Memorial Park. (Chair Alex Reynolds)

11. Discuss and take action to create and populate a Search Committee to be charged with soliciting a full-time, permanent Executive Director. (Chair Alex Reynolds)

12. Discuss and take action to establish rules of decorum which limit public comment on non-agenda items to three (3) minutes. (Chair Alex Reynolds)

13. Receive report on Friends of Muskogee War Memorial Park 501(c)(3), and take other necessary action. (Chair Alex Reynolds)

14. Receive report on a meeting with the Veteran's Heritage Foundation, and take other necessary action. (Chair Alex Reynolds)

15. Citizens wishing to address the Board.

ADJOURN

War Memorial Trust Authority 1. Meeting Date: 06/02/2021 Initiator: Tammy Tracy, City Clerk Department: City Clerk Staff Information Source:

Information AGENDA ITEM TITLE: Consider approval of Minutes for April 28, 2021, or take other necessary action. (Chair Alex Reynolds)

BACKGROUND: RECOMMENDED ACTION:

Fiscal Impact Attachments 04282021 spwmmin MINUTES

SPECIAL CALL MUSKOGEE WAR MEMORIAL PARK AUTHORITY WEDNESDAY, APRIL 28, 2021

The Board of Trustees of the Muskogee War Memorial Park Authority of the City of Muskogee, Oklahoma, met Wednesday, April 28, 2021, at 9:00 a.m., at Muskogee War Memorial Park, 3500 Batfish Road.

Meeting was called to order by Chair Alex Reynolds and the Secretary called the roll as follows:

Present: Alex Reynolds, Chair; Stephanie Morgan, Vice Chair; David Weston, Trustee; Dan Hall, Trustee; Andy Simmons, Trustee; Victor Lezama, Trustee Absent: William Barnes, Trustee; Bo Highers, Trustee; Charles Floyd, Trustee Staff Mike Miller, City Manager; Roy Tucker, City Attorney; Tammy L. Tracy, City Clerk Present:

1 Consider approval of Minutes Regular Session March 17, 2021 and Special Call Session March 31, 2021, or take other necessary action.

Motion was made by Vice Chair Stephanie Morgan, seconded by Trustee Victor Lezama to approve the Minutes of Regular Session March 17, 2021 and Special Call Session March 31, 2021. AYE: Chair Alex Reynolds, Vice Chair Stephanie Morgan, Trustee David Weston, Trustee Dan Hall, Trustee Andy Simmons, Trustee Victor Lezama Carried - Unanimously

2 Consider approval of AMENDED minutes of December 9, 2020, or take other necessary action. (Tammy L. Tracy)

Motion was made by Vice Chair Stephanie Morgan, seconded by Trustee Dan Hall to approve AMENDED minutes of December 9, 2020. AYE: Chair Alex Reynolds, Vice Chair Stephanie Morgan, Trustee David Weston, Trustee Dan Hall, Trustee Andy Simmons, Trustee Victor Lezama Carried - Unanimously

3 (STRIKEN) Consider approval to receive financials for the month ending March 31, 2021, and take other necessary action.

4 Discuss and take necessary action regarding lawn maintenance of the War Memorial Park grounds including but not limited to the following: 1) authorizing the purchase of lawn equipment, establishing a maximum purchase price, determining a scope of work, and designating personnel to perform maintenance; or alternatively 2) authorizing solicitation of bids for professional lawn services. (Chair Alex Reynolds)

Chair Alex Reynolds stated since there is no longer a mower located on premises, maintaining the grounds has become much more difficult. He explained the Board will need to determine if they want to purchase lawn equipment and continue to work with volunteers to help with the maintenance, or solicit bids for professional lawn care services.

Trustee Victor Lezama stated he would like to propose the Board hire a lawn care service to maintain the grounds for the next 5 (five) months as there is currently many others issues that need to be addressed. He also stated if they encounter any difficulty obtaining volunteers to mow, the Board will then have to "scramble" to ensure there is someone that can perform those duties. Next year, after the museum has reopened, the Board can look at purchasing lawn equipment rather than pay for a professional service.

Trustee Dan Hall questioned the costs involved with hiring a contractor and how those services would be funded.

Chair Alex Reynolds explained that information was not available as there has been no contact made to any professional lawn services.

Vice Chair Stephanie Morgan questioned if the Parks Department could help with maintaining the grounds.

City Manager Mike Miller explained the Parks Department is struggling to maintain what is currently their responsibility and have actually outsourced several locations to contractors; adding additional grounds is not an option at this time.

Trustee Dan Hall stated he would be open to soliciting for bids for a contractor in order to determine how much the actual costs would be to the museum.

Discussion followed.

Motion was made by Trustee Dan Hall, seconded by Trustee Victor Lezama to approve authorizing solicitation of bids for professional lawn services. AYE: Chair Alex Reynolds, Vice Chair Stephanie Morgan, Trustee David Weston, Trustee Dan Hall, Trustee Andy Simmons, Trustee Victor Lezama Carried - Unanimously

5 Consider approval to authorize the purchase of two (2) new American flags at a cost of 5 Consider approval to authorize the purchase of two (2) new American flags at a cost of $570.00 each, for a total of $1,140.00, to be displayed at the War Memorial Park, properly disposing of the current damaged flag, or take other necessary action. (Trustee Victor Lezama)

Trustee Victor Lezama explained the current flag at the Park is tattered and is in need of replacement. He is proposing to purchase two (2) new 15' x 25' flags. This would allow for immediate replacement of the current flag and provide one on-hand. He explained the estimated lifespan of a flag of this quality is approximately seven (7) to eight (8) months. He stated next year he would like to hold a fund raiser to fund the purchase of future flags.

Motion was made by Trustee Dan Hall, seconded by Vice Chair Stephanie Morgan to approve the purchase of two (2) new American flags at a cost of $570.00 each, for a total of $1,140.00 to be displayed at the War Memorial Park, properly disposing of the current damaged flag. AYE: Chair Alex Reynolds, Vice Chair Stephanie Morgan, Trustee David Weston, Trustee Dan Hall, Trustee Andy Simmons, Trustee Victor Lezama Carried - Unanimously

6 (No Action) Receive update on the status of the U.S.S. Batfish FEMA Project, and take other necessary action. (Kelly Bolding)

Kelly Bolding explained the project is progressing nicely. Algonquin has conducted approximately 20 shovel tests and has decided the area is heavily disturbed. The paperwork has been submitted approving the emergency work, which is being referred to as Phase I for the purposes of FEMA. EHP is in the approval process, contacting the Tribes to ensure they have no issues with the process. Normally, this would have been done at a later stage of the project, however, it was decided it would be better to do it sooner rather than slowing progress later in the project. Osage Nation has requested a monitor be present during the work of the access road. Ms. Bolding explained Rebecca with Algonquin will be available to do this. FEMA is doing a task order for this, and will be a covered expense.

Ms. Bolding explained during Phase I, measurements will be taken, providing the opportunity to study the hole to determine if it is, in fact, a sinkhole. She stated BKL and Bison Civil met last week and are both leaning towards moving the U.S.S. Batfish back to her original location, but on a higher resting ground, possibly on concrete cradles or concrete pad.

Ms. Bolding stated a new FEMA representative has been assigned to the project; her name is Alicia Welch. Work is scheduled to begin on Monday, May 3, weather permitting.

Discussion followed.

7 (No Action) Receive report on the progress on the following items: 1) the War Memorial 7 (No Action) Receive report on the progress on the following items: 1) the War Memorial Park Museum; 2) the new Display Exhibit; and 3) USS Batfish, and take other necessary action. (Trustee Victor Lezama)

Trustee Lezama explained he would like to make the museum more interactive for visitors. He discussed several ideas he has for accomplishing this. He also stated the current POS (point of sale) and Cataloging Systems are antiquated and need to be replaced. This will ensure accurate tracking of the sale of merchandise and the tracking of inventory. The Board will need to look at the costs associated with this and determine how they wish to proceed.

Trustee Lezama explained he would also like to make the submarine interactive for visitors with the addition of sound effects and monitors that display the history of the submarine. He would like to purchase virtual reality headsets for disabled veterans that are unable to physically board the submarine.

Trustee Lezama explained while he cannot divulge a lot of information, he wanted to let the Board know he is working with an organization that is looking to re-home some artifacts at no-cost to the Park. He will follow up at a later date with more information.

Discussion followed.

8 Discuss available grants and program funding, including SBA loans, which may be available to supplement the capital or operational needs of the War Memorial Trust, and take other necessary action, including but not limited to authorizing application and submission of said funding requests. (Chair Alex Reynolds)

Chair Alex Reynolds explained there are currently several funding opportunities available for the museum. He has spoken with Neighbors Building Neighborhoods (NBN) and they are offering to assist the museum in pursuing grant funding. However, they are requesting necessary documentation before they can proceed, such as a mission statement and business plan, along with other documents.

Motion was made by Vice Chair Stephanie Morgan, seconded by Trustee Dan Hall to authorize the application submission of SBA loans, Paycheck Protection Program (PPP), and available grants related to capital or operational needs. AYE: Chair Alex Reynolds, Vice Chair Stephanie Morgan, Trustee David Weston, Trustee Dan Hall, Trustee Andy Simmons, Trustee Victor Lezama Carried - Unanimously

9 (No Action) Discuss a plan of action to relocate and further preserve the USS Oklahoma Exhibit, or take other necessary action. (Trustee Victor Lezama)

Trustee Lezama explained he does not feel this item needs discussion at this time and will bring it back before the Board at a later date.

10 Discuss proposal to partner with Stephen Reagen to engage in fund raising efforts to 10 Discuss proposal to partner with Stephen Reagen to engage in fund raising efforts to purchase a bust of Commander Evans to be displayed at the War Memorial Park Museum, or take other necessary action. (Trustee Victor Lezama)

Trustee Lezama explained Mr. Stephen Reagan is a retired dentist located in Tulsa, Oklahoma who has expressed a desire to raise funds for a bust of Commander Evans at an approximate cost of $25,000.00. He is requesting authorization from the Board to use the name and tax status of the War Memorial Park in which to accomplish this goal. Mr. Reagan will solicit all of the fund raising and receipt of donations.

Discussion followed.

City Attorney Roy Tucker explained he is aware of Mr. Reagan as he has reached out to two (2) previous mayors, the City Manager, former Park Director Brent Trout, and himself over the last few years in an effort to find a location to place the bust.

Motion was made by Trustee Victor Lezama, seconded by Vice Chair Stephanie Morgan to approve to partner with Stephen Reagen to engage in fund raising efforts to purchase a bust of Commander Evans to be displayed at the War Memorial Park Museum. AYE: Chair Alex Reynolds, Vice Chair Stephanie Morgan, Trustee David Weston, Trustee Dan Hall, Trustee Andy Simmons, Trustee Victor Lezama Carried - Unanimously

11 (No Action) Discuss and take action to engage the services of Victor Lezama to oversee daily operations at the War Memorial Park, as well as, establishing all terms and conditions of said engagement. (Chair Alex Reynolds)

Trustee Andy Simmons left the meeting at 9:51 a.m.

Chair Alex Reynolds explained there has been numerous discussions regarding the hiring of a Executive Director for the museum. He stated he does not feel the museum is at the point of recovery where it is feasible to move forward with filling that position. He stated Trustee Victor Lezama, while is not interested in a full-time position, has expressed an interest in working as a part-time employee of the Board, to assist with getting the museum up and open to the public again.

Trustee David Weston stated he would like to begin looking for a director so that individual will be in "on the ground floor" of getting the museum operational.

Trustee Dan Hall stated he would like to make sure the individual hired as the director is energetic and passionate about the museum. He would also like to be able to hire someone that is local to the area.

Discussion followed.

City Attorney Roy Tucker explained Trustee Victor Lezama will need to resign as a Board Member before any action can be taken on the item. Direction was given to Trustee Stephanie Morgan to enter into unofficial conversations with Trustee Victor Lezama to determine potential terms and conditions of such an agreement.

12 Consider approval to authorize an amendment to the Professional Services Agreement with BKL Engineering, permitting hiring of a sub-consultant, and if appropriate, authorize the Chair to negotiate and execute the amendment, subject to available funding, or take other necessary action. (Kelly Bolding)

Ms. Kelly Bolding explained BKL Engineering is requesting an amendment to their contract in order to hire a submarine restoration consultant, Mr. Tom Bowser. They are seeking his expertise on the following issues: 1) recommendations for repairs in the event the submarine needs to be floated again; 2) recommendations for cradle support locations; and 3) recommendations for interior and exterior restoration. The costs will not exceed a cost of $5,000.00, and will be covered under FEMA.

Motion was made by Trustee Dan Hall, seconded by Vice Chair Stephanie Morgan to approve to authorize an amendment to the Professional Services Agreement with BKL Engineering, permitting hiring of a sub consultant, authorizing the Chair to negoitate and execute the amendment, subject to available funding. AYE: Chair Alex Reynolds, Vice Chair Stephanie Morgan, Trustee David Weston, Trustee Dan Hall, Trustee Andy Simmons, Trustee Victor Lezama Carried - Unanimously

13 Citizens wishing to address the Board.

Mr. John Martin explained he has been a volunteer at the Park for the past eight (8) years; it is his passion. It is his opinion that the Board needs to hire a full-time Executive Director immediately, and one with the appropriate credentials. He feels the museum appears abandoned and fears this will send a negative message to visitors.

Mr. Dennis Wilhite state he is in agreement with Mr. Martin. As a former Trustee of the Authority, he does not feel it is feasible to hire someone on a temporary basis; a full-time Director is needed. The vision of Trustee Lezama may not be the same as a future Director, and it is counterproductive to spend money now that may need to be re-spent at a later date.

ADJOURN

______ALEX REYNOLDS, CHAIR

______TAMMY L. TRACY, SECRETARY

War Memorial Trust Authority 2. Meeting Date: 06/02/2021 Initiator: Tammy Tracy, City Clerk Department: City Clerk Staff Information Source:

Information AGENDA ITEM TITLE: Consider approval to receive financials for the month ending February 28, 2021, or take other necessary action. (Chair Alex Reynolds)

BACKGROUND: RECOMMENDED ACTION: Approve financials.

Fiscal Impact Attachments February 2021 Financial Statements

of Muskogee War Memorial Park For the Period Ended February 28, 2021

For Management Use Only - Subject to Change Muskogee War Memorial Park Balance Sheet February 28, 2021

ASSETS

Current Assets Cash on Hand $ 200.00 Cash in Bank - Firstar 40,487.64 Inventory Asset 16,365.36

Total Current Assets $ 57,053.00

Fixed Assets Buildings & Improvements 111,211.25 Furniture & Fixtures 8,981.19 Equipment 18,853.04 Construction In Progress 23,875.00 Land Improvements 11,109.55 Submarine Improvements 27,820.00 Submarine Batfish & Setup 60,000.00 Acc Depr - Bldg Improvements (66,690.22) Acc Depr - Furniture & Fixture (8,981.19) Acc Depr - Equipment (18,853.04) Acc Depr - Land Improvements (10,799.07) Acc Depr - Submarine Improvem (27,820.00) Acc Depr - Submarine Setup (54,000.00)

Total Fixed Assets 74,706.51

Total Assets $ 131,759.51

For Management Use Only - Subject to Change Muskogee War Memorial Park Balance Sheet February 28, 2021

LIABILITIES AND EQUITY

Current Liabilities Federal Withholding Payable $ 1,733.73 Sales Tax Payable 22.01

Total Current Liabilities $ 1,755.74

Equity Opening Bal Equity 672.79 Retained Earnings 119,670.36 Current Income (Loss) 9,660.62

Total Equity 130,003.77

Total Liabilities & Equity $ 131,759.51

For Management Use Only - Subject to Change Muskogee War Memorial Park Income Statement For the Period Ended February 28, 2021

1 Month Ended 8 Months Ended Feb. 28, 2021 Pct Feb. 28, 2021 Pct

Revenue Income - Admissions $ 160.00 39.91 $ 7,946.69 19.54 Income - Merchandise Sales 240.61 60.01 7,187.67 17.68 Income - Interest received 0.31 0.08 2.49 0.01 Income - Donations 0.00 0.00 25,507.22 62.73 Income - Vending Machines 0.00 0.00 19.50 0.05

Total Revenue 400.92 100.00 40,663.57 100.00

Cost of Sales Purchases - Inventory 0.00 0.00 119.59 0.29

Total Cost of Sales 0.00 0.00 119.59 0.29

Gross Profit 400.92 100.00 40,543.98 99.71

Operating Expenses Accounting & Legal 0.00 0.00 1,800.00 4.43 Advertising 0.00 0.00 7,100.00 17.46 Contract Services 1,125.01 280.61 10,935.94 26.89 Credit Card Fees 215.81 53.83 1,895.32 4.66 Cash (Over) & Short 314.29 78.39 1,419.47 3.49 Dues & Subscriptions 0.00 0.00 175.00 0.43 Insurance - Other 0.00 0.00 2,283.24 5.61 Interest Expense 0.00 0.00 18.80 0.05 Office Supplies 0.00 0.00 1.99 0.00 Repairs & Maint - Bldg/ Ground 0.00 0.00 240.00 0.59 Operating Supplies 0.00 0.00 1,173.52 2.89 Telephone 0.00 0.00 304.79 0.75 Utilities - Electric 238.52 59.49 3,535.29 8.69

Total Operating Expenses 1,893.63 472.32 30,883.36 75.95

Operating Income (1,492.71) (372.32) 9,660.62 23.76

Total Other Income 0.00 0.00 0.00 0.00

Net Income (Loss) $ (1,492.71) (372.32) $ 9,660.62 23.76

For Management Use Only - Subject to Change Muskogee War Memorial Park Statement of Cash Flows For the Period Ended February 28, 2021 INCREASE (DECREASE) IN CASH OR CASH EQUIVALENTS

1 Month Ended 8 Months Ended Feb. 28, 2021 Feb. 28, 2021

Cash Flow from Operating Activities Net Income (Loss) $ (1,492.71) $ 9,660.62 Adjustments to Reconcile Cash Flow Decrease (Increase) in Current Assets Increase (Decrease) in Current Liabilities Sales Tax Payable (29.91) (403.43)

Total Adjustments (29.91) (403.43)

Cash Provided (Used) by Operations (1,522.62) 9,257.19

Cash Flow From Investing Activities Sales (Purchases) of Assets Cash Flow From Financing Activities Cash (Used) or provided by:

Net Increase (Decrease) in Cash (1,522.62) 9,257.19

Cash at Beginning of Period 42,210.26 31,430.45

Cash at End of Period $ 40,687.64 $ 40,687.64

For Management Use Only - Subject to Change

War Memorial Trust Authority 3. Meeting Date: 06/02/2021 Initiator: Tammy Tracy, City Clerk Department: City Clerk Staff Information Source:

Information AGENDA ITEM TITLE: Consider approval to receive financials for the month ending March 31, 2021, or take other necessary action. (Chair Alex Reynolds)

BACKGROUND: RECOMMENDED ACTION:

Fiscal Impact Attachments March 2021 Financial Statements

of Muskogee War Memorial Park For the Period Ended March 31, 2021

For Management Use Only - Subject to Change Muskogee War Memorial Park Balance Sheet March 31, 2021

ASSETS

Current Assets Cash on Hand $ 200.00 Cash in Bank - Firstar 40,477.95 Inventory Asset 16,365.36

Total Current Assets $ 57,043.31

Total Fixed Assets 74,706.51

Total Assets $ 131,749.82

For Management Use Only - Subject to Change Muskogee War Memorial Park Balance Sheet March 31, 2021

LIABILITIES AND EQUITY

Current Liabilities Federal Withholding Payable $ 1,733.73 Sales Tax Payable 114.12

Total Current Liabilities $ 1,847.85

Equity Opening Bal Equity 672.79 Retained Earnings 119,670.36 Current Income (Loss) 9,558.82

Total Equity 129,901.97

Total Liabilities & Equity $ 131,749.82

For Management Use Only - Subject to Change Muskogee War Memorial Park Income Statement For the Period Ended March 31, 2021

1 Month Ended 9 Months Ended Mar. 31, 2021 Pct Mar. 31, 2021 Pct

Revenue Income - Admissions $ 777.00 38.38 $ 8,723.69 20.44 Income - Merchandise Sales 1,247.16 61.60 8,434.83 19.76 Income - Interest received 0.34 0.02 2.83 0.01 Income - Donations 0.00 0.00 25,507.22 59.75 Income - Vending Machines 0.00 0.00 19.50 0.05

Total Revenue 2,024.50 100.00 42,688.07 100.00

Cost of Sales Purchases - Inventory 898.00 44.36 1,017.59 2.38

Total Cost of Sales 898.00 44.36 1,017.59 2.38

Gross Profit 1,126.50 55.64 41,670.48 97.62

Operating Expenses Accounting & Legal 0.00 0.00 1,800.00 4.22 Advertising 0.00 0.00 7,100.00 16.63 Contract Services 0.00 0.00 10,935.94 25.62 Credit Card Fees 209.55 10.35 2,104.87 4.93 Cash (Over) & Short 950.75 46.96 2,370.22 5.55 Dues & Subscriptions 68.00 3.36 243.00 0.57 Insurance - Other 0.00 0.00 2,283.24 5.35 Interest Expense 0.00 0.00 18.80 0.04 Office Supplies 0.00 0.00 1.99 0.00 Repairs & Maint - Bldg/ Ground 0.00 0.00 240.00 0.56 Operating Supplies 0.00 0.00 1,173.52 2.75 Telephone 0.00 0.00 304.79 0.71 Utilities - Electric 0.00 0.00 3,535.29 8.28

Total Operating Expenses 1,228.30 60.67 32,111.66 75.22

Operating Income (101.80) (5.03) 9,558.82 22.39

Total Other Income 0.00 0.00 0.00 0.00

Net Income (Loss) $ (101.80) (5.03) $ 9,558.82 22.39

For Management Use Only - Subject to Change Muskogee War Memorial Park Statement of Cash Flows For the Period Ended March 31, 2021 INCREASE (DECREASE) IN CASH OR CASH EQUIVALENTS

1 Month Ended 9 Months Ended Mar. 31, 2021 Mar. 31, 2021

Cash Flow from Operating Activities Net Income (Loss) $ (101.80) $ 9,558.82 Adjustments to Reconcile Cash Flow Decrease (Increase) in Current Assets Increase (Decrease) in Current Liabilities Sales Tax Payable 92.11 (311.32)

Total Adjustments 92.11 (311.32)

Cash Provided (Used) by Operations (9.69) 9,247.50

Cash Flow From Investing Activities Sales (Purchases) of Assets Cash Flow From Financing Activities Cash (Used) or provided by:

Net Increase (Decrease) in Cash (9.69) 9,247.50

Cash at Beginning of Period 40,687.64 31,430.45

Cash at End of Period $ 40,677.95 $ 40,677.95

For Management Use Only - Subject to Change

War Memorial Trust Authority 4. Meeting Date: 06/02/2021 Initiator: Tammy Tracy, City Clerk Department: City Clerk Staff Information Source:

Information AGENDA ITEM TITLE: Consider approval to receive financials for the month ending April 30, 2021, or take other necessary action. (Chair Alex Reynolds)

BACKGROUND: RECOMMENDED ACTION:

Fiscal Impact Attachments April 2021

War Memorial Trust Authority 5. Meeting Date: 06/02/2021 Initiator: Tammy Tracy, City Clerk Department: City Clerk Staff Information Source:

Information AGENDA ITEM TITLE: Receive report on status of the FEMA Project for the U.S.S. Batfish, and take other necessary action. (Kelly Bolding)

BACKGROUND: RECOMMENDED ACTION:

Fiscal Impact Attachments No file(s) attached.

War Memorial Trust Authority 6. Meeting Date: 06/02/2021 Initiator: Tammy Tracy, City Clerk Department: City Clerk Staff Information Source:

Information AGENDA ITEM TITLE: Consider approval to authorize an amendment to the Professional Services Agreement with BKL Engineering, permitting an increase not to exceed $20,000.00, to subcontractor Guy Engineering for services performed in Phase 1 of the project, and if appropriate, authorize the Chair to negotiate and execute the amendment, subject to available funding, or take other necessary action. (Kelly Bolding)

BACKGROUND: Amendment to BKL Contract for payment for services not included in previous contract amount. The contact has been reviewed and approved for legal content by City Attorney Roy Tucker.

RECOMMENDED ACTION: Approve amendment to contract.

Fiscal Impact Attachments Scope Amendment

USS Batfish at Muskogee War Memorial Park Emergency Measures BKL

SCOPE OF SERVICES March 26, 2021

The purpose of the project is to provide emergency design for the acute scour happening below the Batfish and provide support for the submarine. The North area where the submarine is located after the spring floods of 2019 has been showing erosion and the terrain has failed leaving the submarine without support in the North end for approximately 110 feet, urgent measures need to be taken to stop the erosion and give stability to the submarine.

This scope of work will be exclusively for the emergency measures needed to take to stabilize the area.

SECTION 1 - General 1.1. The CONSULTANT will prepare plans to repair the erosion and provide support for the submarine in the North area where the erosion is happening. 1.2. The CONSULTANT will attend two meetings requested by the Client.

SECTION 2 - Exclusion 2.1. Geotechnical investigation has not been performed at the specific area; the proposed solution will be based on the assumption that there is a sinkhole that can be plugged with concrete.

SECTION 3 - Schedule

Task Name Milestone Submit emergency plans 15 calendar days from Notice to Proceed

6910 E 14th St ● Tulsa, OK 74112 1741 W 33rd St, Ste 110 ● Edmond, OK 73013 www.GUYengr.com

AGREEMENT FOR ENGINEERING SERVICES FOR THE MUSKOGEE WAR MEMORIAL PARK USS BATFISH SUBMARINE STABILIZATION PLANS, SPECIFICATIONS

AND ESTIMATE

Amendment No. 1 – Design Services for Emergency Phase

The subject project is to prepare Plans, Specifications and Estimate (PS&E) for the stabilization of the USS Batfish submarine after the 2019 spring flood event. This amendment, AMENDMENT 1, is for the preparation of plans and estimate as well as coordination for emergency measures to arrest scour that is occurring under the boat.

The scope, ATTACHMENT B, of the subject project shall be amended as follows:

ADD A.5 DESIGN FOR EMERGENCY MEASURES consists of the scope of services outlined in the attached document by Guy Engineering titled USS Batfish at Muskogee War Memorial Park Emergency Measures BKL – Scope of Services March 26, 2021

AGREEMENT FOR ENGINEERING SERVICES FOR THE MUSKOGEE WAR MEMORIAL PARK USS BATFISH SUBMARINE STABILIZATION PLANS, SPECIFICATIONS

AND ESTIMATE

Compensation Attachment D The Compensation for the subject project shall be amended as follows: COMPENSATION.

D.1 Total Compensation

Revise the following: For the work under this project the total maximum billing including direct costs and subconsultant services shall be $79,416.00 which amount shall not be exceeded without further written authorization by THE PARK. To read: For the work under this project the total maximum billing including direct costs and subconsultant services shall be $99,416.00 which amount shall not be exceeded without further written authorization by THE PARK.

AGREEMENT FOR ENGINEERING SERVICES FOR THE MUSKOGEE WAR MEMORIAL PARK USS BATFISH SUBMARINE STABILIZATION PLANS, SPECIFICATIONS

AND ESTIMATE

IN WITNESS WHEREOF, the parties have executed this AMENDMENT NO. 1 in multiple copies on the respective dates herein below reflected to be effective on the date executed by The Chairman of the Board of Trustees of the MUSKOGEE WAR MEMORIAL PARK.

ATTEST: BKL, INC.

______Date __04/28/2021______Stacy Loeffler, President

THE MUSKOGEE WAR MEMORIAL PARK AUTHORITY APPROVED: BOARD OF TRUSTEES

THE PARK Clerk Board Chair

Date

APPROVED AS TO FORM:

THE PARK Attorney

War Memorial Trust Authority 7. Meeting Date: 06/02/2021 Initiator: Tammy Tracy, City Clerk Department: City Clerk Staff Information Source:

Information AGENDA ITEM TITLE: Consider approval to enter into a contract with BKL Engineering, hiring them as Lead Engineer on the Restoration Phase of the Batfish Project and authorize the Chair to negotiate and execute the contract, subject to available funding, or take other necessary action. (Kelly Bolding)

BACKGROUND: Contract for restoration of USS Batfish

RECOMMENDED ACTION: Approval

Fiscal Impact Attachments No file(s) attached.

War Memorial Trust Authority 8. Meeting Date: 06/02/2021 Submitted For: Tammy Tracy, City Clerk Initiator: Tammy Tracy, City Clerk Department: City Clerk Staff Information Source:

Information AGENDA ITEM TITLE: Discuss and take action to appoint a successor Trustee to fill the expired term of David Weston. (Chair Alex Reynolds)

BACKGROUND: RECOMMENDED ACTION:

Fiscal Impact Attachments No file(s) attached.

War Memorial Trust Authority 10. Meeting Date: 06/02/2021 Initiator: Tammy Tracy, City Clerk Department: City Clerk Staff Information Source:

Information AGENDA ITEM TITLE: Discuss and take action to approve an Independent Contractor Agreement with Victor Lezama to perform certain duties at the War Memorial Park. (Chair Alex Reynolds)

BACKGROUND: RECOMMENDED ACTION:

Fiscal Impact Attachments Management Agreement War Memorial Park Trust Authority Personnel Services Agreement

Batfish Park Manager Contract

It is hereby agreed between the Board of Trustees of the War Memorial Trust Authority of the City of Muskogee, Oklahoma, [hereinafter “Authority” or collectively, the “Parties”] and Victor Lezama, [hereinafter “Lezama” or collectively, the “Parties”] that Lezama shall serve as an independent contractor of the Authority charged with performing the services of Park Manager under the following terms and conditions:

1. Term

The term of this agreement shall begin upon execution and shall end on June 30, 2021. The Agreement shall automatically renew for subsequent twelve month periods beginning July 1 and ending June 30 for each year, unless sooner terminated in accordance with Paragraph 4 below.

2. Duties

As this position is expected to be a short-term, contractual position, Lezama shall not be expected to exert his full time and energy to the duties of Park Manager. Instead he shall be expected manage the major operations of the property of the Authority and perform the necessary duties to ready the property of the Authority for reopening to the public where visitors may enter and enjoy both the War Memorial Museum and the U.S.S. Batfish. Specifically, his duties and responsibilities shall include:

a) Check and maintain the Museum, U.S.S. Batfish and surrounding grounds as appropriate, conduct such activities as may be necessary for closing down operations, winterizing and reopening as required, and perform such other reasonable and necessary duties as may be directed by the Authority. b) Work with FEMA, contractors, engineers and other outside consultants who have, or may be hired by the Authority to perform any necessary repairs or rehabilitation in light of the damage sustained during the 2019 Flood. c) Inspect the Park, Museum, Submarine, Memorials and Grounds for safety and security concerns. d) Provide any reports as the Authority may direct, including monthly operational reports. e) Attend all Regular, Special and Emergency Meetings of the Authority. f) Create and implement an overall marketing plan. g) For purposes of the Financial Policies and Procedures of the Muskogee War Memorial Park Authority, perform the duties of Executive Director. h) Recruit and supervise volunteers, as well as, any part-time paid staff. i) Make periodic inventories of supplies, working tools, literature, etc. Makes regular inspections of workrooms and public areas. Requisitions supplies and materials as needed and maintains all facilities and supplies in an orderly manner. j) Supervise and assist in cleaning and maintaining all areas of the property, Museum Buildings, U.S.S. Batfish, Memorials, and Grounds. k) With prior approval of the Authority, the Park Manager may retain the services of other such independent contractor(s), as may be necessary to perform or assist in construction, restoration, excavation, major maintenance or repairs.

Lezama shall be required to be physically present at the at the USS Batfish and War Memorial Park at least three times per week, and on weekends as may be necessary. He may perform any other work required remotely.

When a full-time, permanent Executive Director is hired, Lezama shall assist with the transition to said individual and train on any operational, technical, or organizational details.

3. Compensation.

For services rendered, compensation to Lezama shall be $2,500.00 per month, and shall be payable upon invoice. Invoices for the preceding month shall be due the last day of the month, with the check issued upon receipt. Due to Lezama’s independent contractor status, no withholdings shall be made by the Authority, and no workers compensation coverage shall be provided. All taxable consequences shall be borne by Lezama, with no liability upon the Authority. No other compensation, including benefits of any kind, shall be due and owing to Lezama for services performed under this Agreement.

4. Termination

This agreement may be terminated by either party, and at any time, with or without cause, upon written notice to the other. Upon receipt of such written notice, Lezama shall immediately cease to perform any duties contemplated by this Agreement, and shall relinquish any property of the Authority to the Authority, including any passwords, account information, keys, and the like. Lezama shall invoice the Authority for the portion of the month, using $83.33 as a per day pro-rata formula. For clarity, if the agreement is terminated on the 7th day of the month, Lezama shall invoice the Authority $583.31 (83.33 per day pro-rata x 7 days = $583.31).

5. Entire Agreement

This Agreement contains the entire Agreement between the Board of the Authority and Lezama. It may not be changed or renewed orally but only by an Agreement in writing signed by the Chairman upon prior Board of Trustees action and by Lezama. This Agreement supersedes and cancels all previous agreements between the Board of the Authority and Lezama.

6. Headings not controlling.

The headings of sections of this Agreement are not controlling.

7. Governing law

This Agreement is governed by the laws of the State of Oklahoma, with venue in Muskogee County. In witness hereof, we the undersigned have executed this agreement this ____ day of ______,2021.

War Memorial Trust Authority

______Alex Reynolds, Chairman

Victor Lezama

______Victor Lezama, Park Manager

ATTEST:

______Tammy L. Tracy, City Clerk