February 10 2015 Complete Agenda

8/9/2019 February 10 2015 Complete Agenda

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MAYORANDCITYCOUNCIL

WORKSESSION

Tuesday,February10,20151:00P.M.

AClosedSessionisscheduledfrom12:001:00P.M.todiscusslegalandcollectivebargainingmatters.

AGENDA

1. CALLTOORDER

2. REPORTONCLOSEDSESSIONTuesday,February10, 201512:001:00p.m.

3. ACKNOWLEDGEMENTSANDRECOGNITIONS

4. COMMENTSFROMTHEPUBLIC

AnypersonwhomaywishtospeakonamatterscheduledfordiscussionontheWorkSessionAgenda

may

be

heard

during

Comments

from

the

Public

for

a

period

of

three

(3)

minutes

or

such

time

as

may

bedeemedappropriatebytheCouncilPresident. Anyonewishingtobeheardshallstatetheirname,

addressandtheAgendaitemonwhichheorshewishestospeak.

5. NEWBUSINESS

A. BidOpeningVehicleVendingFranchise

B. PrivateEventApprovalRequestforNationalVolleyballLeagueOCOpen May2831,2015

C. PrivateEventApprovalRequestforBikefestSeptember1721,2015

D. RequestApprovaltoSolicitProposalsforFoodserviceattheOceanCityConventionCenter

presentedbyProcurementManager

E. RequestApprovaltoSolicitBidsforOCDCModelBlockDemolitionpresentedbyProcurement

Manager

F. DiscussionofAdoptionofNewFloodMapsandRelatedChangestotheTownCodepresented

byCityEngineerandChiefBuildingOfficial

G.

Discussionof

Mid

Beach

Parcel

Franchise

Bid

Results

presented

by

City

Clerk

H. ReviewofTownsBudgetProcessandFY15BudgetAmendment#1presentedbyCityManager

andBudgetManager

6. ADJOURN


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WORK SESSION -MAYOR AND CITY COUNCIL

TUESDAY, FEBRUARY 10, 2015

2. Report on Closed Session February 10, 2015 12:00

1:00 p.m. Legal and Collective Bargaining Matters


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NOTICE OF CLOSED SESSION OF MAYOR & CITY COUNCIL OF OCEAN CITY

AUTHORITY: State Government Article: Section 10-508(a) Annotated Code of Maryland

PURPOSES:

1. To discuss:

(i) the appointment, employment, assignment, promotion, discipline, demotion,

compensation, removal, resignation or performance evaluation of

appointees, employees or officials over whom it has jurisdiction; or(ii)

any other personnel matter that affects one or more specific individuals;

2. To protect the privacy or reputation of individuals with respect to a matter that isnot related to public business

3. To consider the acquisition of real property for the public purpose and matters

directly related thereto;

4. Consider a matter that concerns the proposal for a business or industrial

organization to locate, expand or locate in the state;

5. Consider the investment of public funds;

6. Consider the marketing of public securities;

X 7. Consult with counsel to obtain legal advice;

8. Consult with staff, consultants or other individuals about pending or potentiallitigations;

X9. Conduct collective bargaining negotiations or consider matters that relate to the

negotiations;

10. Discuss public security if the public body determines that public discussionwould constitute a risk to the public or public security, including;

a) the deployment of fire and police services and staff; and

b) the development and implementation of emergency plans

11. Prepare, administer or grade a scholastic, licensing or qualifying examination;

12. Conduct or discuss an investigative proceeding on actual or possible criminal

conduct;

13. Comply with a specific constitutional, statutory or judicially imposedrequirement that prevents public disclosures about a particular proceeding or

matter; or

14. Before a contract is awarded or bids are opened, discuss a matter directly related

to a negotiation strategy or the contents of a bid or proposal, if public discussionor disclosure would adversely impact the ability of the public body to participate

in the competitive bidding or proposal process

DATE AND TIME: Tuesday, February 10, 2015 12:00 p.m.

PLACE: City Hall

SUBJECT: Legal and Collective Bargaining Matters

VOTE: UNANIMOUS

OTHER: FOR:

AGAINST:

ABSTAIN:

ABSENT:


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REPORT OF CLOSED SESSION

OF THE MAYOR AND CITY COUNCIL OF OCEAN CITY

Prior to this open session of the Mayor and City Council being held on Tuesday,

February 10, 2015, a closed session was held on Tuesday, February 10, 2015 at

12:00 p.m. The following is a report of the closed session.

1. A statement of the time, place, and purpose of the closed session is attached.

2. A record of the vote of each member as to closing the session is attached.

3. A citation of the authority under the law for closing the session is attached.

4. (a) Topics of Discussion: Legal and Collective Bargaining Matters

(b) Persons present:

Mayor Richard Meehan

City Manager David RecorCouncil Secretary Mary Knight

Council Members Doug Cymek; Dennis Dare; Wayne Hartman; Matt James

City Solicitor Guy AyresExecutive Office Associate Diana Chavis

Action(s) taken:

Motion to close meeting:

Time:

H:\Wpdoc\closedsess.wpd


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WORK SESSION -MAYOR AND CITY COUNCILTUESDAY, FEBRUARY 10, 2015

4. COMMENTS FROM THE PUBLIC

Any person who may wish to speak on a matter scheduled for discussion on the Work

Session Agenda may be heard during Comments from the Public for a period of three

(3) minutes or such time as may be deemed appropriate by the Council President.

Anyone wishing to be heard shall state their name, address and the subject on which

he or she wishes to speak.


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5. NEW BUSINESS

A.Bid Opening Vehicle Vending Franchise


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VEHICLE VENDING FRANCHISE

BID SPREADSHEET

VENDOR BID AMOUNT

Georgeos Water Ice, Inc.

George Swayngim

5 Discovery Lane

Selbyville, DE 19975

302-436-4739


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Bid Notice

Vehicle Vending Franchise

The Mayor and Council for the Town of Ocean City is accepting sealed bids for the Vehicle Vending Franchise.Eligible bids must meet the criteria set forth in the Vehicle Vending Franchise Ordinance found in the Code forthe Town of Ocean City. A copy of this ordinance is included in the bid packet.

Bid Packets are available for download atwww.oceancitymd.gov. The highest bidder shall be granted theexclusive and sole right to sell prepared food, from a motorized vehicle on certain public streets withinmunicipal limits. The term of the franchise shall be for four years. There shall be only one franchise and onefranchise operator. Such franchise and operator are limited to a maximum of six (6) trucks or vehicles, whichmust be motorized and must meet all standards of the State Health Department.

All bids shall contain the following:

1. A cashiers or certified check in the amount of eighty percent (80%) of the first years bid amount;2. A signed statement from the Operator authorizing the Mayor and Council to make inquiry of personal

background to determine financial and credit worthiness.

The successful bidder shall obtain, at the operators own expense, comprehensive automobile liabilityinsurance coverage pursuant to the Vehicle Vending Franchise Ordinance. Such insurance coverage shallname the Mayor and City Council as additional insured, and a certificate of insurance evidencing suchcoverage shall be furnished to the Mayor and City Council by the operator and be approved by the City Clerkof Ocean City before the operator engages in the selling of food items from any public ways.

The City Manager must receive your bid by Monday, February 9, 2015 at 11:00 p.m. Late bids are subject torejection. Address your bid to: City Managers Office- VEHICLE VENDING BID, Town of Ocean City, 301 N.Baltimore Avenue, Ocean City, Maryland 21842.

Should you have any questions, please contact City Clerk Kelly Allmond at 410-289-8842 for questions.
http://www.oceancitymd.gov/http://www.oceancitymd.gov/http://www.oceancitymd.gov/http://www.oceancitymd.gov/


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2015 Vehicle Vending Franchise Bid Form

BID

$______________________per year, for a total of $______________________ for the four year term of the franchise.

FINANCIAL HISTORY

The source of my funds for the initial franchise payment tended herewith is as follows:

CREDIT REFERENCE #1

FULL NAME

ADDRESS

PHONE NUMBER

EMAIL ADDRESS

CREDIT REFERENCE #2

FULL NAME

ADDRESS

PHONE NUMBEREMAIL ADDRESS

BANK REFERENCE

FULL NAME

ADDRESS

PHONE NUMBER

EMAIL ADDRESS

AFFIDAVIT

I do hereby agree to and authorize the Mayor and City Council of Ocean City to make inquiry of my personal

background, financial and credit worthiness; and my credit report; by my signature hereto, I do hereby authorizeand empower those listed above as credit references and bank reference to release unto Mayor and City Council oOcean City any information pertaining to my personal background, financial and credit worthiness and for theMayor and City Council to obtain a copy of my credit report; and,

I do hereby certify that this BID has been arrived at independently, without consultation, communication, oragreement as to any matter relating to this BID with any other bidder or competitor; and

I do hereby certify that there are no other persons financially interested, direct or indirect, in this BID, except:

____________________________________________________ _________________________________________________Name Signature

____________________________________________________ _________________________________________________Name Signature

I do hereby solemnly declare (or I hereby affirm) under penalties of perjury that the information and statementabove are true and correct to my knowledge and belief.

___________________________________________________ ________________________________________________Print Name Signature

___________________________________________________ ________________________________________________Address Telephone


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PARTII CODEOFORDINANCES

Chapter39FRANCHISES

ARTICLEVII. VEHICLEVENDING

OceanCity,Maryland,CodeofOrdinances Page1

ARTICLEVII. VEHICLEVENDING[55]

Sec. 39-501. - Title.Sec. 39-502. - Definitions.Sec. 39-503. - Violations and penalties.

Sec. 39-504. - System established; franchise conditions; award of franchise.Sec. 39-505. - Insurance.Sec. 39-506. - Termination of franchise; revocation of franchise.Sec. 39-507. - Prohibited acts.

Sec. 39-501. - Title.

This article shall be known as the "Vehicle Vending Franchise Ordinance."

(Code 1972, 100-1)

Sec. 39-502. - Defini tions .

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in thissection, except where the context clearly indicates a different meaning:

Annual bid price - the amount of the bid divided by the number of years of the term.

Franchise - The exclusive and sole right to operate a motor vehicle type prepared-food vending business on and frompublic streets.

Operator - The owner of the franchise.

Reference - Credit and bank references, as required by this article. The reference reports are hereby declared to beprivileged and confidential, and not subject to public inspection pursuant to section 10-615(1) and section 10-617(d)(3) of the State Public Information Act.

System - The vehicle vending franchise system.

(Code 1972, 100-2; Ord. No. 2003-4, 2-3-2003)

Sec. 39-503. - Violations and penalties.

Any person violating any of the conditions, terms or provisions of this article or committing any act herein declared to

be prohibited shall, on conviction thereof, be deemed guilty of a municipal infraction subject to the provisions ofsection 1-8.

(Code 1972, 100-6; Ord. No. 1996-23, 10-21-1996)

Sec. 39-504. - System established; franchise conditions; award of franchise.

There is hereby established and created a vehicle vending franchise and vehicle vending franchise system of OceanCity, Maryland. Such system and franchise is established as follows:

(1) There shall be only one franchise and franchise operator. Such franchise and operator are limited to amaximum of six trucks or vehicles which must be motorized and must meet all standards of the state healthdepartment.

(2) The franchise operator shall be permitted to vend prepared food items at all times from all public waysexcept the following:

a. For the franchise operator or any of his employees to vend during the hours of 10:00 p.m. to 10:00 a.m.of the following day or to vend from Coastal Highway, Baltimore Avenue, Philadelphia Avenue, Atlantic

Avenue(beach and boardwalk) or east of Baltimore Avenue from 27thStreet south to the Inlet.

b. Vending shall be prohibited from 10:00 p.m. to 10:00 a.m. the following day.

c. Vending shall be prohibited at the convention center and at Northside Park.

(3) The operator shall be permitted to vend, at retail, prepared food and beverage items, excluding alcoholicbeverages. He shall not be permitted to vend non-food items.


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Chapter39FRANCHISES



(4) The franchise shall not be assigned without the prior written permission of the Mayor and City Council.

(5) Bidding process.

a. The bidding process shall be by sealed bid. Each bid shall be accompanied by a cashier's or certifiedcheck in the amount of 80 percent of the first year's annual bid price. All bids shall be presented to theMayor and City Council by 1:00 p.m. on the first Tuesday work session in February of each bid year.Bids shall be opened at the first Tuesday work session in February and shall be awarded to the highestbidder, except that, should the Council determine that there are irregularities in such bidding, theCouncil may reject such bids as it deems appropriate and postpone the awarding of bids if it so desires.In the event of tie bids, the first in time received shall be deemed the successful bids.

b. Each sealed bid shall be presented in the form and the successful bidder at a public auction shallpresent the form, as follows:

1. $____________ per year, for a total of $____________ for the four-year term of the franchise.

2. The source of my funds for the initial franchise payment tendered herewith is as follows:

i. Credit references: (applicant shall list at least two with full names, addresses, telephonenumber and contact person).

ii. Bank reference: (applicant shall list at least one with full name, address, telephone numberand contact person).

3. I do hereby agree to and authorize Mayor and City Council of Ocean City to make inquiry of mypersonal background, financial, credit worthiness and my credit report; and by my signaturehereto. I do hereby authorize and empower those listed as credit references and bank referencesto release to the Mayor and City Council of Ocean City any information pertaining to my personalbackground, financial and credit worthiness, and for the Mayor and City Council of Ocean City toobtain a copy of my credit report.

4. I do hereby certify that this BID has been arrived at independently, without consultation,communication, or agreement as to any matter relating to this BID with any other Bidder or withany competitor.

5. I do hereby certify that there are not other persons financially interested, direct or indirect, in this

BID, except as fully disclosed and permitted by this chapter of the Code of Ocean City. (Allpersons must sign (7)).

6. I do hereby solemnly declare (or I hereby affirm) under penalties of perjury that the informationand statement above made are true and correct to my knowledge and belief, and by affixing mysignature hereto, I do personally guarantee all the terms and conditions of the franchise.

7. "_____

(Namehandwritten)

_____

(signature)"

(6) The term of the franchise shall be four years.

(7) The payment of the franchise fees shall be as follows: The remaining 20 percent of the first year's franchisefee shall be paid by June 30. Thereafter, in the subsequent years of the franchise term, 80 percent of theannual franchise fee shall be paid on or before January 1, with the remaining 20 percent of the annualfranchise fee being paid on or before June 30 of each year.

(8) The franchise operator shall be permitted to play amplified music at a level not to exceed 65 dB(A).

(Code 1972, 100-3; Ord. No. 1994-28, 1-3-1995; Ord. No. 1996-23, 10-21-1996; Ord. No. 1999-2, 2-23-1999;Ord. No. 2003-4, 2-3-2003; Ord. No. 2006-21, 8-21-2006)


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Chapter39FRANCHISES



Sec. 39-505. - Insurance.

For the protection of the public and the Mayor and City Council, the operator must obtain, at the operator's ownexpense, comprehensive automobile liability insurance coverage in at least the amount of $1,000,000.00 per personand $2,000,000.00 per occurrence for bodily injury and $200,000.00 for property damage and comprehensive generalliability insurance, with a combined single limit of $2,000,000.00 for both bodily injury and property damage, which

shall include product liability insurance in the amount of at least $1,000,000.00. Such insurance coverage shall namethe Mayor and City Council as additional insured, and a certificate of insurance evidencing such coverage shall befurnished the Mayor and City Council by the operator and be approved by the City Clerk of Ocean City before theoperator engages in the selling of food items from any public ways.

(Code 1972, 100-3.1; Ord. No. 1996-23, 10-21-1996)

Sec. 39-506. - Termination of f ranchise; revocation of franchise.

(a) The franchise shall terminate at the expiration of the four-year term.

(b) The franchise shall immediately be revoked upon the nonpayment of any fee when that fee is due.

(c) If the operator fails to keep every condition, term or provision of this article, the franchise may be revoked by theMayor and City Council.

(Code 1972, 100-4)

Sec. 39-507. - Prohibi ted acts.

Each of the acts described in this section is prohibited:

(1) For anyone other than the franchise operator to vend prepared food items from public property or publicways within the corporate limits of Ocean City. This subsection shall not be construed to include theconvention center property or Northside Park.

(2) For the franchise operator or any of his employees to vend during the hours of 10:00 p.m. to 10:00 a.m. ofthe following day, or to vend from Coastal Highway, Baltimore Avenue, Philadelphia Avenue, Atlantic

Avenue (boardwalk) or east of Baltimore Avenue and south of 18th Street.

(3) For the franchise operator to utilize more than six vehicles to vend the prepared food products.

(4) For the franchise operator to play music, whether amplified or not, at a level in excess of 65 dB(A).

(Code 1972, 100-5; Ord. No. 1996-23, 10-21-1996; Ord. No. 1999-2, 2-23-1999)

FOOTNOTE(S):

(55)Cross reference Businesses, ch. 14; traffic and vehicles, ch. 90.(Back)


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TOWNOFOCEANCITY

20132016VEHICLEVENDING

FRANCHISEAGREEMENT

THISFRANCHISEAGREEMENTmadethis__ dayof________, 2013byandbetweentheMayor

andcityCouncilofOceanCity,aMarylandMunicipalCorporation,hereinaftercalledandreferred

toasCityand ,hereinaftercalledandreferredtoasOperator.

WITNESSED:

Thatforandinconsiderationofthepremises,andoftherightshereinthisagreementgranted,and

ofthesumsofmoneyhereinthisagreementstated,theCityandtheOperatordohereby

covenantandagreeasfollows:

THATtheCityagrees:

1.

Thattheoperatorshallhavetherighttooperateavehiclevendingbusinesssubjecttothe

termsandconditionhereinafterstated,onthepublicstreetsforatermcommencingwith

thedatehereofandterminatingonthe

2. ThatsolongastheOperatorperformsashereinstatedandpaysthesumshereinafterin

thisagreementspecifiedwhensaidsumsaredueandconductshisbusinessinaccordance

withthetermsofthisFranchiseAgreementandinaccordancewiththeprovisionsof

Chapter39,ArticleVII,oftheCodeoftheTownofOceanCity(saidChapter39herebybeing

incorporatedbyreference),theCitywillnotgranttherighttooperateaVehicleVending

Franchiseonthepublicstreetstoanotheroperator.

3. ThattheCityacknowledgesreceiptofthesumof$ fromtheOperator,which

sumrepresents80%ofthefirstannualFranchisefee.

THATthe

Operator

agrees:

1. Topaytheannualbidpriceasfollows: 80%ofthefirstannualfeebeingheretoforepaid

andtheremaining20%tobepaidonorbefore thereafterfortheremainingyearsof

thetermofthisagreementtheannualfeewillbepaidbypayingtotheCity80%ofsaid

annualfeebyJanuary1stoftheyearpriortothenextsummerseason,andtheremaining

20%onorbeforeJune30th. TheOperatoragreestopaytheannualfranchisefeeof $

atthetimesaforesaidandtopaythetotalsumof$ ininstallmentsas

aforesaid,forthefour(4)yeartermofthisagreement.

2.

TocomplywithalltheprovisionsandconditionsofChapter39,ArticleVIIoftheCodeofthe

Town

of

Ocean

City

(as

from

time

to

time

amended

by

Ordinance).

3.

TheOperatorbyenteringintothisagreementherebyacknowledgesthathehas

knowledgeoftheaforesaidChapter39,ArticleVIIandherebyexpresslywaivesanyandall

rightsordefenseshemightnowhaveorhereafteracquirebyreasonoftheOperatornot

havingreadorunderstoodtheaforesaidChapter39,ArticleVII.

4. ToprotectandsaveharmlesstheCityfromalldamageandlossfromorarisingoutofor

byreasonofthenegligenceoftheOperatorhisagentsoremployees,byprovidingthe

insurancerequiredunderChapter39,ArticleVII.


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5. ThattheOperatorshallconductthebusinessofvehiclevendingandshallconductno

otherbusinessundertherightsgrantedbythisfranchiseagreement.

6. ThattheOperatorshallpermitnomorethansix(6)vehiclestooperateonthepublic

streetsatanyonetime.

7. Thatnoalcoholicbeverageswillbeconsumedorkept,byitselforitsagentsoremployees

onthevendingvehicles.

8. TocomplywithallTown,County,StateorFederallawsandregulations.

9.

Thatthetermsandprovisionsofanyotherfranchiseagreementandnegotiationsonthe

priceorpaymentsornegotiationsinreferencetothedefaultofprovisionsofanyother

agreementshallhavenoeffectonthisFranchiseAgreement

ATTEST: CITY

MayorandCityCouncil

TownofOceanCity

__________________________

CityClerkKellyL.Allmond ____________________________________

MayorRichardW.Meehan

____________________________________

CouncilPresidentLloydMartin

WITNESS: OPERATOR

____________________________ ____________________________________

Signature PrintName


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5. NEW BUSINESS

B.Private Event Approval Request for National Volleyball

League OC Open May 28-31, 2015


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Sun Mon Tue Wed Thu Fri Sat

1

PEShowell Walk -

TENTATIVE

2

PEKnights of Columbus

ProcessionPE Marathon

PEKGBA TENTATIVE

PE - Ride for the FeastPE - Crab Soup Cook-off TENTATIVE

3 4 5

PEShowell Walk Rain

Date - TENTATIVE

6 7

SE - Springfest8

SE - Springfest9

SE - Springfest

10

SE - Springfest11 12 13 14

PE - Cruisin OC15

PE - Cruisin OC16

PE - Cruisin OC

17

PE - Cruisin OC18 19 20 21 22 23

PEKGBA - TENTATIVE

24 25 26 27 28

PENVL Open -TENTATIVE

29

PENVL Open -TENTATIVE

30

PE - Ravens ParadePENVL Open -

TENTATIVE

31

PENVL Open -

TENTATIVE

2015

May


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Ocean City Private Events

Name of Event: National Volleyball League Ocean City Open New Event: YES

Date of Event: May 28-31, 2015

Date Application Received: January 15, 2015 Application Fee Paid: Invoiced

Date Returned from All Departments: January 26, 2015 Private Event Fees: $1,100.00Town Asset & Support Fee: -0-Total Fees to Be Paid to Town: $1,100.00

Things to Note:

This is a beach volleyball tournament with sponsor activations, music, entertainment and television broadcast.

Set up would take place Tuesday and Wednesday, May 26-27, 2015.

Breakdown would take place Sunday and Monday, May 31 and June 1, 2015.

Expected number of participants is 60 to 164.

Expected number of spectators per day is 500.

Event footprint would start at northern edge of Dorchester St. and run north to Talbot, approximately 200x500.

Would provide product sampling from a sun care provider, volleyball related items, magazines, etc.

Would erect a tent onsite.

Request the town provide an appropriate amount of trashcans stationed around the courts and spectator areas as well asthe general entry/exit points within the footprint and empty the trash cans nightly.

Request to serve alcoholic beverages in a controlled VIP area.

Potential sponsors of the event are as follows: Australian Gold, Club Med, Bud Light, Polaroid, The One Group, etc.

Comments from Department Representatives:

ParksThere seems to be a lot of unanswered and undetermined factors. Would prefer the TBD and need guidancesections be resolved prior, but if the applicant needs a blessing to move forward, then this can be worked out after thefact. Need to know what the sponsor activations are going to be. Applicant must listen to OCBP and their rules forinclement weather. Town has an agreement with Panama Jack that needs to be considered. Alcohol on the beach is a

decision for the Mayor and City Council. Beach franchise owner will have to be informed of the event. Overall, itwould be great to have a big volleyball tournament in Ocean City. But, it seems theres a lot of work to still do.

OCBP- It is imperative that as beach events set-up they do not interfere with the normal patrolling of the beach forsafety. They must set-up at least 30-feet off the easternmost edge of the Boardwalk to allow OCBP vehicles to enter,exit and traverse the beach. The applicant must also establish east to west lanes so OCDP may move from the back ofthe beach to the waters edge. The easternmost field(s) should allow for a buffer zone between game play and beachpatrons not affiliated with the event, so that an out-of-bounds ball does not strike an unsuspecting patron. Applicantmust take responsibility to keep these areas open and that their spectators do not setup in clear areas. Applicant

should set-up the southernmost field north of Dorchester Street beach access, which they have indicated they will do,so they do not interfere with OCBP emergency operations. Instead of portable restrooms on the beach, suggest the useof Caroline Street comfort stations. Applicant indicates a sun care sponsor, which may impact the Town of OceanCitys sponsorship with Panama Jack. They should not have a competitor on the beach. Applicant indicates Bud

Light is a sponsor. They need to be aware of the laws regarding public consumption of alcohol.

RiskInsurance certificate must be submitted prior to the event.

Fire MarshalApplicant needs to obtain tent and air inflated structure permits.

Public Works- Will provide trashcans and empty nightly.

OCPDWill have officers from shift periodically check the event.

Tourism, Emergency Services, Transportation, OCCCNo comments or concerns.

Date on Council Agenda: February 10, 2015

Event Approved of Denied:

Other:


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NATIONAL VOLLEYBALL LEAGUE OCEAN CITY OPEN

This is a new event requesting to take place on the beach between Talbot and Dorchester Streets.

Established in 2010, the NVL is a professional beach volleyball league built by players for all players,

united in one mission: to create a sustainable future for pro beach volleyball in the U.S. Home to eightprofessional events in 2015, the grassroots NVL Beach Series, and the NVL Club Med Beach Volleyball

Academy, the NVL is the only national platform for current professionals and players of all levels to

showcase their talents and pursue their aspirations in the sport. With sand volleyball now a sanctioned

high school sport and the NCAAs fastest-growing emerging sport in history, the NVL is building the

infrastructure for young players to achieve their dreams.

Parks

In reviewing the application there seems to be a lot of unanswered and undetermined factors. Hesitant

to go to full Mayor and City Council before going before the R&P Committee, but understand the

circumstances. Would prefer the TBD and need guidance sections be resolved prior, but if the

applicant needs a blessing to move forward, then this can be worked out after the fact.

Need to know what the sponsor activations are going to be, as other Departments will be interested in

the type of music and entertainment scheduled to be offered.

The applicant needs to understand OCBP rules for inclement weather on the beach and it is not up for

discussion.

Applicant states they would like to distribute sun care products. Please verify with OCBP regarding the

Panama Jack agreement. Applicant has been informed and will abide by city contracts.

Having alcoholic beverages on the beach is a Mayor and City Council decision, but they have permitted

this in VIP areas in the past. Applicant has informed alcohol will be contained to controlled, securedareas (VIP).

Is there a beach franchise owner that will be affected by the event? Will provide vendor information to

applicant.

Town assistance requested by applicant is a big one to just have a TBD noted. Require assistance with

daily trash pickup, OCPD and OCBP patrols. These has already been addressed.

Nothing is signed on page 7 and 8. Why? Have since provided.

Overall, it would be great to have a big volleyball tournament in Ocean City. However, it seems theres a

lot of work to still do with this.

Beach Patrol

It is imperative that as beach events set-up they do not interfere with the normal patrolling of the beach

for safety. They must set-up at least 30-feet off the easternmost edge of the Boardwalk to allow OCBP

vehicles to enter, exit and traverse the beach. The applicant must also establish east to west lanes so

OCDP may move from the back of the beach to the waters edge. The easternmost field(s) should allow

for a buffer zone between game play and beach patrons not affiliated with the event, so that an out-of-


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5.

Parking on either streets or parking lots

The applicant responded as follows:

1.

Would most likely have a stadium court that will contain bleacher seating for patrons.

2.

Would like to work with Public Works to ensure an appropriate amount of trashcans are

stationed around the courts as well as spectator areas and general entry/exit points within thefootprint.

3.

Event staff keeps the footprint is as clean as possible throughout the event. Request Public

Works empty trash cans at the end of each day.

4.

If Public Works is unable to provide the above request, request Public Works provide

guidance/input to secure waste management services with a private company.

5.

There is a 53-foot trailer that would need secure parking for the duration of the event. Ideally, a

reserved area/lot for staff and official vehicles as well. Would inform general public of public

parking.

OCPD

Unclear about the response of question #21, need guidance as to what is required forsafety; security

from Ocean City. The application continues, requesting security from Ocean City and OCPD is

uncertain if they are referring to private security or are requesting police resources. As it stands, OCPD

will notify appropriate shifts of the event, if approved, and ask patrol checks be conducted throughout

the duration of the event. Similar events have occurred and patrol checks have been sufficient, so

current thought is to proceed in a similar manner, but will defer to the applicant to determine needs

based on their knowledge of the event and past events theyve run.

They would also like an indication of anticipated spectator attendance. The applicant answered, stating

an expected audience per day is 500.

The applicant responded they would like to proceed with what has worked for previous events. Patrolchecks are how they have accommodated safety and security needs in California and Florida beach

markets. They have looked to hire private security to secure footprint overnight.

Transportation

Wants it made aware that, weather permitting, the Boardwalk Trams will be in operation during the

event.

Tourism, OCCC, Emergency Services

No comments or concerns


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5. NEW BUSINESS

.Private Event Approval Request for Bikefest September

17-20, 2015


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TOWN OF

T h e Wh i t e M a r l i n Ca p i t a l o f t h e Wo r l d

TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Lisa A. Mitchell, Private Event CoordinatorRE: Bike Fest 2015DATE: February 4, 2015

ISSUE(S): 2015 Ocean City Bike Fest

SUMMARY: This event uses the Sunfest site set up at the Inlet Lot for Bikerelated live entertainment, demonstrations, vendors, food, beer andparties. There will also be a Boardwalk Parade to open the event.

FISCAL IMPACT: Potential positive economic impact from lodging, food and beverage,recreation and other incidental expenditures related to this event.

Per the MOU, the Town provides in-kind services and the use of theSunfest site, including tent rental and additional onsiteinfrastructure. In exchange, the event promoter pays the Town ofOcean City $85,000.00 to offset costs incurred by the Town such asthe loss of Inlet Lot parking revenue, Public Works asset andsupport fees, and Police, Transportation, and EMS services. Inaddition, the promoter pays $25,000 for use of the Ocean CityConvention Center.

Additional Private Event Fees paid to the Town total $1,175.00,consisting of a $100 Application Fee, a $75 Concession Fee and a$1,000 Space Usage Fee [$250.00 per day for four (4) days].

RECOMMENDATION: Approve the event as presented in the MOU.

First Class Resort & Tourist Destination

ALTERNATIVES: No staff alternatives suggested.

RESPONSIBLE STAFF: Lisa Mitchell, Private Event Coordinator

COORDINATED WITH: All appropriate departmental staff has reviewed and the event hasbeen coordinated.

ATTACHMENT(S): 1) Calendar2) Application3) Layout4) MOU5) Asset & Support Fees

Agenda Item # 5C

Council Meeting February 10, 2015


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Sun Mon Tue Wed Thu Fri Sat

1 2 3 4 5

6 7 8 9 10 11

PE911 Parade of

Brothers

12

PEAtlantic Clubs

Walk/Run for

Recovery

13 14 15 16 17

PEBikefest -

TENTATIVE

18

PEBikefest -

TENTATIVE

19

PEBikefest -

TENTATIVE

20

PEBikefest -

TENTATIVE

21 22 23 24

Sunfest

PESunfest Kite

Fest

25

Sunfest

PESunfest Kite

Fest

26

Sunfest

PESunfest Kite

Fest

PEPigs on the

BeachPETreasure Hunt

on the Beach -

TENTATIVE27

Sunfest

PESunfest Kite

Fest

PETreasure Hunt

on the Beach -

TENTATIVE

28 29 30

2015

September


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Page 1 of 6

TOWN OF OCEAN CITY

301 BALTIMORE AVENUE

OCEAN CITY, MARYLAND 21842

MEMORANDUM of UNDERSTANDING

BETWEEN

THE MAYOR AND CITY COUNCIL TOWN OF OCEAN CITY, MARYLAND

AND

KATHY MICHEAL FOR OC BIKEFEST 2015

SUBJECT: OC BIKEFEST 2015

1. Purpose. This Memorandum of Understanding (MOU) defines the terms by which OC

Bikefest 2015 shall be presented, provides the dates of OC Bikefest and identifies what each

party shall accomplish and by what dates. The Private Event Application and all signed

disclosers submitted by Kathy Micheal shall be incorporated into this MOU by reference.

2. Request for Permission to Conduct Event. Kathy Micheal has approached the Town of

Ocean City (TOC) with a Private Event Application requesting permission to conduct OC

Bikefest in Ocean City during the dates of September 1720, 2015.

3. Event Summary. This event uses the Sunfest site set up at the inlet lot as well as portions

of the Convention Center for Bike-related live entertainment, demonstrations, vendors,

food, beer and parties. The OC Bikefest Headquarters will be located at the Ocean City

Convention Center and the inlet lot will be an accessory site. This year, for the 5thAnniversary, a Boardwalk Parade will take place on Thursday morning, to open the event.

The Parade, beginning on the Boardwalk at 27thStreet shall proceed south at 10:30 am to

4thStreet, where the parade shall continue south on the concrete pad, around the pier and

enter the festival grounds by 10:00 am.

4. Scope. This Memorandum of Understanding (MOU) includes the planning, coordination

and execution of OC Bikefest 2015 and identifies tasks/responsibilities for each party. This

MOU shall remain in force until terminated by either party.

5. Financial Agreement. OC Bikefest will pay the Town $85,000 support fee for the use of

the Sunfest site at the inlet lot and $25,000 rental fee for the Ocean City ConventionCenter. A completed contract with the Convention Center Director will be a part of this

MOU by reference. OC Bikefest may apply to the Tourism Advisory Board (TAB) for

supplement funds. Services requested by the OC Bikefest Promoter shall be approved by

the City Manager.

6. The attached site diagrams shall be a part of this MOU. Amendment of this diagram

requires approval of the City Manager.


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Page 2 of 6

7. The following identifies the specific support responsibilities of Kathy Micheal for OC

Bikefest:

a. Coordination of all event advertising and promotional supplements with the

Director of Tourism.

b. Complying with the Sunfest/OC Bikefest timeline.

c. OC Bikefest may solicit, secure or change its sponsorships so long as it

complies with the Towns beverage and sun care product sponsorships.

Sponsorships shall not include drugs, sex or tobacco. Alcohol or gambling

sponsorships are permissible provided no messages encourage the act of

gambling or promote the consumption of alcohol. Alcohol-related messages

must be used as a positive teaching public service announcement, i.e. beer

nameDrink Responsibility.

d.

Paying all OC Bikefest invoices by October 31, 2015. All invoices for thisevent must reflect OC Bikefest.

e. Keeping the Mayor and City Council fully informed of actions related to OC

Bikefest by appearing before them a minimum of once every 90 days from

completion of MOU to the completion of the event.

f. In the event of damage to Town of Ocean City or Select Events Rentals

equipment, OC Bikefest shall pay up to $10,000 of the insurance policy

deductible for the Town of Ocean City or Select Events Rental.

g. Complying with all State, County and City ordinances and codes.

h. Acquiring permits required by the Town and other agencies i.e. Highway,

Parks, Fire Marshal, County Health and Alcohol.

i. Manage all trash within the site moving it to TOC dumpsters at no cost to the

Town. All trash will be placed in receptacles.

j. OC Bikefest Staff shall contract work with an independent contractor for the

storage and recycling of cooking grease.

k. Insurance required by the Town. $1,000,000.00 general liability insurance.

The Mayor and City Council must be listed as the additional insured on the

Event policy. This document must be filed with the Towns Risk Manager

prior to any permit being issued.

l. OC Bikefest shall pay up to $10,000 of the insurance deductible for any loss

to the Towns contractor, Select Events.

m. OC Bikefest will be asking for beer to be sold in the Convention Center

parking lot. OC Bikefest will ask a not for profit organization to sell beer. It

is OC Bikefests responsibility to age identify.

n. OC Bikefest must enter into an agreement with the Town of Ocean City s

comfort service provider for the ability to utilize the VIP toilet trailers that

are on-site.

o. OC Bikefest is required to have contracted event security for all days/nights

of the event from Monday, September 14that 7:00 a.m. through Monday,

September 21stat 7:00 a.m.


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Page 3 of 6

p. OC Bikefest is permitted to loadin at the Inlet Lot on Monday thru

Wednesday, September 14-16, 2015 from 7:00 am until 7:00 pm.

q. OC Bikefest is permitted to begin load-in at the Ocean City Convention

Center on Wednesday, September 16, 2015 at 8:00 am.

r. Breakdown of the Inlet Lot event site must be complete by midnight Sunday,

September 20, 2015. All equipment and event items must be out of the InletLot. The only exception is for drivable equipment that can be moved by

Town of Ocean City personnel if in the way of Sunfest setup.

s. Both the Inlet Lot and Ocean City Convention Center event sites must be

returned to the Town of Ocean City clean and free from Bikefest items. Any

Town of Ocean City assets that were moved for OC Bikefest by OC Bikefest

staff must be returned to their original location(s).

t. OC Bikefest will limit merchandise for sale outside the main gate in the Inlet

Lot to official OC Bikefest merchandise only.

u. OC Bikefest will not allow burnouts to be performed anywhere on the Inlet

Lot.

v.

Providing portable toilets for the expected attendance with twice-dailyservicing.

w. Full disclosure of Event expenses and revenues.

x. No staking of tents at the West Ocean City Park n Ride.

y. Pass a Fire/Safety inspection by the Office of the Fire Marshal.

z. OC Bikefest shall maintain 20 fire lanes in all areas of the inlet and

Convention Center lots.

aa.OC Bikefest shall, at its expense, provide contracted EMS resources to

support the Convention Center site. Transportation fees are the

responsibility of the individual or OC Bikefest.

bb.OC Bikefest shall provide a complete list of vendors 30 days prior to the start

of this event.

cc.

OC Bikefest shall provide one (1) approved wristband that attendees will

wear to access the Town of Ocean Citys bus service free of charge.

dd.OC Bikefest shall comply with additional parameters as outlined in the

Ocean City Convention Center agreement.

8. The following identifies the specific responsibilities of the Town of Ocean City:

a. Advertising as agreed to by the Town.

b. Providing in-kind services as determined by the Town.

c. Town of Ocean City will enforce all policies, procedures, rules and

regulations.

d.

Complying with the OC Bikefest/Sunfest Timeline.

e. Ocean City Police Department will control access to the inlet site at South

First Street. Promoter shall control vehicle parking, maintaining 20 fire

lanes at all times.

f. Permitting OC Bikefest to serve beer and malt beverages (not to exceed

22% alcohol per volume) within the fenced Sunfest site from 11:00 a.m. to

8:00 p.m. daily with the exception of Sunday, when the hours are 12:30


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Page 4 of 6

p.m. to 5:00 p.m., subject to approval of the Worcester County Board of

Licensed Commissioners.

g. Providing police support, maintaining the beach, public transportation,

and trash removal.

h. Providing Emergency Operations and response.

i.

The Ocean City Fire Company will provide one staffed EMS crew for theinlet lot site during the 4 days of the event. Transportation fees are the

responsibility of the individual or OC Bikefest.

j. A full bus schedule will be in operation during OC Bikefest.

k. OC Bikefest attendees with the one (1) approved wrist band shall ride

City buses for free.

l. The Park and Ride shall be open, including the restrooms, with buses

operating.

m. Town operated paid parking will be suspended from Tuesday, September

15, 2015 thru and including Sunday, September 20, 2015.

n. The Sunfest site at the inlet lot, as set up from Monday September 14,

2015 at 7:00 a.m. to Sunday, September 20, 2015 at midnight, willinclude:

1) 2 each 80 x 300 arts and craft tents with booths, electric and

lighting installed. The equipment in these tents may not be

modified.

2) 1 each 80 x 195 food tent with booths, electric and lighting

installed. The equipment in this tent may not be modified.

3) 2 each 20 x 120 tents (Gourmet and Demonstrating Artist)

with booths, electric and lighting installed. The equipment in

these tents may not be modified.

4) 2 each 20 x 20 tents (OC Fire Company and Event Retail)

with lights and electric installed.

5)

1 each 100 x 200 entertainment tent with a 40 x 40 stage


6) 1 each 60 x 70 back stage tent with 3 each office trailers


7) 1 each 30 x 45 outdoor stage tent with 24 x 24 stage with

electric installed. The equipment in this tent may not be

modified.

8) The use of available metal fencing (with feet) available.

9) Four (4) each beer sites (barrels and counters).

10) Provide use of the Inlet Lots Public Addresssystem, gazebo,

Sunfest barrels and counters to OC Bikefest. This does not

include use of the rented backstage VIP toilet trailers. OC

Bikefest will have to enter into an agreement with Piersons for

the ability to use the VIP toilet trailers.

10. The term of the Agreement shall be for 1 year and will terminate on October 1, 2015.


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Page 5 of 6

11. Optional Security Provision. In the event of exigent circumstances arising during the

course of the Private Event, the Town may, at its sole discretion, deploy or divert such

public safety personnel and resources as deemed necessary. The Private Event promoter

shall be responsible for the cost of the public safety personnel and resources provided in

this case.

12. The Town of Ocean City may at its discretion at any time and without any financial

liability cause the evacuation of the site(s) and/or the dismantling of the site(s).

13. The Town will receive no portion of the OC Bikefest revenue.

14. The Private Events Coordinator of the Town of Ocean City shall serve as the Towns

agent for the planning, coordination and execution of Sunfest/OC Bikefest. Kathy Micheal

shall serve as the agent for the OC Bikefest. Should any terms of this MOU not be met or

should the tasks identified in the Timeline not be accomplished on schedule, the Town of

Ocean City may terminate this agreement at its discretion without penalty.

15. This MOU is effective when signed below and may be terminated by either party at any

time. However, the terminating party shall reimburse the non-terminating party for all

out-of-pocket costs to date, unless noted otherwise.

16. Termination: This Agreement shall be effective when signed below and may be

terminated by either party in the event of material breach. Before such termination, the

party citing material breach shall give breaching party thirty (30) days written notice and

an opportunity to cure the breach with such period. In the event of termination the

terminating party shall reimburse the non-terminating party for all out-of-pocket costs to

date.

17. In the event a dispute arises regarding this MOU which cannot be resolved by the

parties, the matter shall be submitted to mediation before commencement of litigation or as

agreed by the parties.

18. Non Assignment. This MOU is not assignable by OC Bikefest without the express

written consent of the Mayor and City Council of Ocean City, which consent may be

withheld for any reason at the sole discretion of the Mayor and City Council of Ocean City.

Furthermore, should Kathy Micheal cease to be associated with OC Bikefest, the Mayor

and City Council may terminate this MOU.

19. No Partnership. This MOU does not create a partnership or any other business entity

or affiliation between the parties, other than to define the respective rights and obligations

of the parties as to the presentation of the OC Bikefest.

20. Final Agreement. This MOU represents the final agreement between the parties

hereto, and shall only be amended or modified by written agreement between the parties.


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Page 6 of 6

Kathy Micheal

OC Bikefest

David L. Recor

City ManagerFor the Mayor and City Council

Date___________________ Date___________________


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DRAFT

Town of Ocean City Event: Attachment AAsset Rate Schedule - Events Start Date: End Date: Update:8/12/14

PER DAY/TASK

Asset Description Prev Cost TOC Cost Cost/Hour O/T Rate # of Hours # OT Hours # of Days Qty Used Line Cost M&CC % Change Extended Cost Expaination/Description

STATIC HARDWARE/EQUIP. -$

Department of Public Works

Barricade (Type 1) Wooden - A (/day) 3.00$ -$ $0.00 -$

Barricade (Type 2) SE, Aluminum (/da 5.00$ 5.00$ 4.00 200.00 4,000.00$ 100% $0.00 4,000$

B arri ca de (Type 3) Wooden - Long (/ d 4.00$ 4.00$ 4.00 1.00 16.00$ 100% $0.00 16$

Barricade (Type 4) Traff ic, Plastic (/d 4.00$ 4.00$ 6.00 20.00 480.00$ 100% $0.00 480$

Traffic Cone (/day) 2.00$ 2.00$ 4.00 75.00 600.00$ 100% $0.00 600$

300 Gln Trash Container (/day) 2.00$ 5.00$ 4.00 100.00 2,000.00$ 50% $1,000.00 1,000$ Reduced to bulk cost

55 Gln Trash Liners (per box) 25.00$ 25.00$ 1.00 25.00 625.00$ 100% $0.00 625$

Electronic Mobile Message Board (/h 40.00$ 50.00$ 4.00 2.00 400.00$ 100% $0.00 400$

Portable Stage 24x40 (/day) 200.00$ 350.00$ 4.00 1.00 1,400.00$ 25% $1,050.00 350$ Reduced to reflect flat rate

4x8 Stage Platform Section (/day) 20.00$ 4.00 46.00 3,680.00$ 25% $2,760.00 920$ Reduced to reflect flat rate

Special Events Division

Portable PA System, W/L Mic (/day) 500.00$ 4.00 1.00 2,000.00$ 100% $0.00 2,000$

Gazebo (per use) 2,500.00$ 4.00 1.00 10,000.00$ 0% $10,000.00 -$ Part of Sunfest use cost

Picnic Table (per day) 20.00$ 25.00$ 4.00 50.00 5,000.00$ 80% $1,000.00 4,000$ Reduced to previous rate

ACTIVE HARDWARE/EQUIP.


Pick-up Truck/Operator 42.21$ 63.32$ 33.00 1,392.93$ 100% $0.00 1,393$

Tractor Trailer Truck 76.07$ 114.11$ 2.00 152.14$ 100% $0.00 152$

LABOR POSITIONS


Maintenance Staff 27.21$ 40.82$ 20.00 544.20$ 100% $0.00 544$

Supervisor 36.06$ 54.09$ 15.00 540.90$ 100% $0.00 541$

TOTAL RAW COST 32,831.17$

M&CC MANDATED CHANGE $15,810.00

TOTAL CONVEYED COST 17,021$

OCPD and OCVFD assets shall be provided separately and on a case by case basis.

Availability of Assets is not garaunteed and subject to change without notice.

Town of Ocean City needs shall take priority as related to use of Town assets.

Town of Ocean City Confidential 2/4/2015


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5. NEW BUSINESS

D. Request Approval to Solicit Proposals for Foodservice at the

Ocean City Convention Center presented by Procurement

Manager


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TOWN OF


TO: The Honorable Mayor, Council President and Members of Council

FROM: David L. Recor, ICMA-CM, City ManagerTHRU: Catrice Parsons, Procurement Manager

RE: Convention Center Foodservices Request for ProposalsDATE: February 4, 2015

ISSUE(S): Request Councils approval to solicit proposals for foodservice atthe Ocean City Convention Center.

SUMMARY: The current foodservice contract expires June of 2015. The

current vendor has been providing foodservices since 1997, with

contract extensions and renegotiation of terms and services.

FISCAL IMPACT: The Town asks Vendors to provide a capital investment for award

of said services. The funds will be invested in the Convention

Center in accordance with the Towns strategic goals. Theagreement term will be no more than three (3) years, unless

otherwise agreed upon.

RECOMMENDATION: Recommend approval to solicit proposals for said services.

1stClass Resort & Tourist Destination

ALTERNATIVES: Renegotiate with current vendor.

RESPONSIBLE STAFF: Catrice Parsons, Procurement Manager

COORDINATED WITH: Larry Noccolino, Director of Convention Center

ATTACHMENT(S): Advertisement

Agenda Item # 5D



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ADVERTISEMENT

Town of Ocean City, MarylandOcean City Convention Center Foodservice and Vending

The Town of Ocean City is seeking proposals from qualified and experienced vendors to provide

Foodservice and Vending services for the Ocean City Convention Center and for said services to

be in conformity with the specifications detailed in the Proposal Documents.

Proposal Documents for the Ocean City Convention Center Foodservice and Vending may be

obtained from the Town of Ocean Citys Procurement Department by either e-mailing

Procurement Manager, Catrice Parsons, [email protected] by calling 410-723-

6643 during normal business hours, or via the Towns website,

http://oceancitymd.gov/oc/departments/finance/procurement/#tab-1420746537421-3-4.

Vendors are responsible for checking this website regarding this bid prior to submitting their

Completed Proposal Documents. The Town of Ocean City is not responsible for the content of

any Proposal Document received through any third party bid service. It is the sole responsibility

of the vendor to ensure the completeness and accuracy of their Completed Proposal

Documents.

A pre-proposal conference will be held in the Room M201 of the Town of Ocean CitysConvention Center located at 4001 Coastal Highway, Ocean City, MD 21842 on Friday, February

20that 1:00 p.m. lasting until 3:00 p.m. or earlier, depending on Vendor questions. The last day

for questions will be Monday, February 23rdat noon. Sealed Proposal Documents are due no

later than Monday, March 9that 4:30 p.m. and will be opened and read aloud at the Mayor and

City Council Work Session held on Tuesday, March 10th, at 1:00 p.m. Bids are to be submitted to

Town of Ocean City, Attn: City Manager, 301 N. Baltimore Avenue Room 230, Ocean City, MD

21842. Late Bid Document will not be accepted.

Minority vendors are encouraged to compete for award of the Ocean City Convention Center

Foodservice and Vending.

Catrice Parsons

Procurement Manager

Town of Ocean City, Maryland
mailto:[email protected]:[email protected]:[email protected]://oceancitymd.gov/oc/departments/finance/procurement/#tab-1420746537421-3-4http://oceancitymd.gov/oc/departments/finance/procurement/#tab-1420746537421-3-4http://oceancitymd.gov/oc/departments/finance/procurement/#tab-1420746537421-3-4mailto:[email protected]


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5. NEW BUSINESS

E.Request Approval to Solicit Bids for OCDC Model Block

Demolition presented by Procurement Manager


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TOWN OF


TO: The Honorable Mayor, Council President and Members of Council

FROM: David L. Recor, ICMA-CM, City ManagerTHRU: Catrice Parsons, Procurement Manager

RE: Ocean City Development Corporation Model Block DemolitionDATE: February 4, 2015

ISSUE(S): Request Councils approval to bid out demolition services for theOCDC Model Block

SUMMARY: To demolish nine buildings for the OCDC Model Block that will be

used for parking in the near term and ultimate redevelopment in

the long term.

FISCAL IMPACT: This project will be funded by the OCDC through grants.

RECOMMENDATION: Bid out demolition services.

Revitalize Ocean City: Development and Redevelopment

ALTERNATIVES: OCDC do the contracting.

RESPONSIBLE STAFF: Catrice Parsons, Procurement Manager

COORDINATED WITH: Terence McGean, Director of Engineering

ATTACHMENT(S): 1) Advertisement

2) Form of Bid3) Drawing of properties to be demolished

Agenda Item # 5E



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ADVERTISEMENT

Town of Ocean City, MarylandOCDC Model Block Demolition

The Town of Ocean City is seeking bids from qualified and experienced vendors to demolish the

OCDC Model Block and for said work to be in conformity with the specifications detailed in the

Bid Documents.

Bid Documents for the OCDC Model Block Demolition may be obtained from the Town of Ocean

Citys Procurement Department by either e-mailing Procurement Manager, Catrice Parsons, at

[email protected] by calling 410-723-6643 during normal business hours, or via

the Towns website,http://oceancitymd.gov/oc/departments/finance/procurement/#tab-

1420746537421-3-4. Vendors are responsible for checking this website regarding this bid prior

to submitting their bids. The Town of Ocean City is not responsible for the content of any Bid

Document received through any third party bid service. It is the sole responsibility of the

vendor to ensure the completeness and accuracy of their Completed Bid Documents.

A pre-bid meeting will be held at the Town of Ocean Citys Community Room located at City

Hall 301 N. Baltimore Avenue, Ocean City, MD 21842 on Thursday, February 19that 1:00 p.m.

The last day for questions will be Friday, February 27th

at noon. Sealed Bid Documents are dueno later than Monday, March 9that 4:30 p.m. and will be opened and read aloud at the Mayor

and City Council Work Session held on Tuesday, March 10th, at 1:00 p.m. Bids are to be

submitted to Town of Ocean City, Attn: City Manager, 301 N. Baltimore Avenue Room 230,

Ocean City, MD 21842. Late Bid Document will not be accepted.

Minority vendors are encouraged to compete for award of the OCDC Model Block Demolition.

Catrice Parsons

Procurement Manager

Town of Ocean City, Maryland
mailto:[email protected]:[email protected]://oceancitymd.gov/oc/departments/finance/procurement/#tab-1420746537421-3-4http://oceancitymd.gov/oc/departments/finance/procurement/#tab-1420746537421-3-4http://oceancitymd.gov/oc/departments/finance/procurement/#tab-1420746537421-3-4http://oceancitymd.gov/oc/departments/finance/procurement/#tab-1420746537421-3-4http://oceancitymd.gov/oc/departments/finance/procurement/#tab-1420746537421-3-4http://oceancitymd.gov/oc/departments/finance/procurement/#tab-1420746537421-3-4mailto:[email protected]


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FORM OF BID

To whom it may concern:

We, ____________________, organized and existing under the laws of the State of Maryland doing

business as a/an sole proprietorship/partnership/corporation, hereby submit our Completed BidDocuments for the OCDC Model Block Demolition as indicated in the Bid Documents.

Having carefully examined and being in compliance with the Towns Bid Documents and having received

clarification on all items of conflict or upon which any doubt arose, the undersigned hereby requests

consideration of our Completed Bid Documents and propose to perform all Work for the demolition of

the OCDC Model Block Demolition in strict accordance with the Bid Documents, within the time set forth

therein, and at the prices stated below.

Vendor hereby agrees to commence Work under the Contract on or before a date to be specified in the

Notice to Proceed and to fully complete the Work within Contract Time as specified in the Specifications

section of this Bid Document.

If the Successful Vendor fails to complete the Work within the Contract Time, or extension of time

granted by the Town, then the Successful Vendor will pay to the Town $250.00 per calendar day that the

Successful Vendor is in default after the time stipulated in the Bid Documents for each Phase.

Vendor acknowledges receipt of the following Addendum(s):

___________________________________________________________

____________________________________________________________

Base Bid Prices:

Item # Quantity Description Unit Cost Total Cost

001 1 Lump Sum Phase 1Buildings A-D

002 1 Lump Sum Phase 2Buildings E-J

Total Base Bid

Contingent Unit Prices:

003 Square Foot price to remove and dispose of asbestos floor tile including

mastic

$__________/sf

004 Square Foot price to remove and dispose of asbestos ceiling tile $__________/sf

005 Square Foot price to remove and dispose of covered asbestos siding $__________/sf

006 Square Foot price to remove and dispose of covered asbestos roof

shingles

$__________/sf

NOTE: THIS BID FORM MUST BE SIGNED BY AN OFFICER OF YOUR COMPANY OR AN AUTHORIZED

AGENT FOR THIS BID TO BE CONSIDERED VALID.

NOTE: Completed Bid Documents will include all applicable fees.

TOTAL BASE BID ________________________________________________________________(EXPRESSED ALPHANUMERICALLY)


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Respectfully submitted,

__________________________________ _________________________________Signature License Number

________________________________

_________________________________Address

__________________________ ________

Title Date (Affix Corporate Seal)


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5. NEW BUSINESS

F. Discussion of Adoption of New Flood Maps and Related

Changes to the Town Code presented by City Engineer and

Chief Building Official


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TOWN OF


TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Terence J. McGean, PE, City EngineerRE: New Flood Insurance Rate MapsDATE: February 3, 2015

ISSUE(S): Adoption of the new Flood Insurance Rate Maps and relatedchanges to the Town Code

SUMMARY: FEMA notified the City that the proposed Flood Insurance Study forOcean City has been completed, all public comments have beenaddressed and the appeal process for the proposed new FloodInsurance Rate Maps has ended.

The new maps will become effective on July 16, 2015. Changes tothe maps impact the Citys Flood Damage Prevention Ordinance(Chapter 38) and the Citys Building Code (Chapter 10). Staff isrecommending changes to the Code that adopt the maps whilemaintaining our high standards of storm resistant construction.Either our existing Code or our proposed draft Code revisions mustbe submitted to the State National Flood Insurance ProgramCoordinator within 1 month.

FISCAL IMPACT: Based on the new maps, many ocean front properties should see asignificant reduction in their flood insurance rates. Some baysideproperties are likely to see an increase. The cost of constructionshould not be impacted by the proposed Code changes.

RECOMMENDATION: Forward revised Code, per attached draft revisions to Chapter 10and Chapter 38, to the State NFIP coordinator for review.

Revitalized Ocean City: Development and Redevelopment

ALTERNATIVES: Make no changes to the existing Code other than flood mapadoption and forward to the State NFIP coordinator for review.

RESPONSIBLE STAFF: Kevin Brown, Chief Building Official; Terence McGean, City Engineer

COORDINATED WITH: Blaine Smith, Asst. Planning & Community Development Director;Robert Nelson, Planner; Gail Blazer, Environmental Engineer

ATTACHMENT(S): 1) Summary Power Point2) Notification letter from FEMA dated Jan. 16, 20153) Proposed revisions to Chapter 104) Proposed revisions to Chapter 38

Agenda Item # 5F



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Flood InsuranceRate MapRECOMMENDED DRAFT CODE REVISIONS

FEBRUARY 10, 2015


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Goal: allow property owners to take

advantage of the lower floodinsurance rates most will recognizeusing the new maps, while maintaininga safe and sustainable community.DONTCHANGE THE FACTS TO ACCOMMODATE THE LAW, CHANGETHE LAW TO ACCOMMODATE THE FACTS


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Flood Map Comparison

Existing (1986)

Most ocean front properties

located in the V zone. Most boardwalk front properties

located in A0 Zone

Virtually all property in Oc ean Citylocated in a 1% (100 year) floodzone with a mapped Base FloodElevation (BFE)

Proposed (2015) Due to beach replenishment, the

dune, and the seawall, there are noV zones west of the building limit line.Ocean front properties south of 143rd

street are now located completelyout of the 1% flood zone.

Ocean Place & Starboard TackCondo removed from north endocean front flood zone duringappeal process.

Most boardwalk front properties outof the 1% flood zone.

Many parts of Ocean City nowlocated outside the 1% flood zonewith no mapped Base FloodElevation.


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Typical 1986 Flood Map


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Typical proposed flood map


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Insurance implications of newmaps

Almost all ocean front properties will see a significant decrease in theirflood insurance costs due to no longer being located in the V zone

Many other properties will also see a reduction in flood insurance rates

due to no longer being located in the 1% flood zone (V or A) Properties remaining in the same flood zone as the existing maps are

likely to see an increase in their rates due to overall nationwide rateincreases.

Unfortunately, most mortgage companies may not require floodinsurance if a property is located outside of a mapped 1% flood zone.Because of this, instead of taking advantage of the ability to get floodinsurance at a much lower rate, many may chose to drop floodinsurance altogether.

Staff recommends that the Council urge every Ocean City propertyowner to maintain flood insurance and to work with banks, insurance

agents, property managers and other stakeholders towards this goal.


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Building code implications of newmaps

The existing Ocean City flood prevention code (Chap 38) reliesheavily on the FIRM mapped Base Flood Elevations. Therefore if noaction is taken:

There would be no requirement for any minimum first floor elevationsfor properties located outside of the 1% flood zone (A, A0, & V). Thiswould include almost all direc t ocean front properties.


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Summary of recommended codechanges Chapter 38 continued

Areas outside the critical foundation area except downtown: Previousrequirement was 2 above the base flood elevation, proposedrequirement is 3 above the base flood elevation, or for areas without amapped BFE (outside the 1% flood zone) 2 above highest adjacentgrade.

Downtown Previous requirement was at or above the base floodelevation. Proposed requirement is at the base flood elevation, or forareas without a mapped BFE (outside the 1% flood zone) at or abovehighest adjacent grade.

Boardwalk front properties must also be at or above the boardwalkelevation.

Change the definition of substantial improvement so that cumulativeimprovement costs begin 10 years from the date of the proposedimprovement permit application, instead of from initial construction. Thisencourages redevelopment and matches the FEMA model ordinance.


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Vzone

VZone


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Elevation Comparisons

Location ExistingZone

Existing MinElev (code)

ProposedZone

Proposed Min Elev.(with code changes)

City Hall A/7 8.2 A/5 8

Convention Center A/6 7.2 A/5 8

Gateway Grand V/11 15.7 None 15.7

Channel Buoy (West) A/6 7.2 A/5 8

S. Ocean Drive A/6 7.2 None Grnd+2 =+/- 7

14139 Sea Captain A/6 7.2 None Grnd +2 = +/- 8

Bonita Beach A/9 10.2 None Grnd +2=+/- 10.6

All elevations converted to

NAVD 1988 (NGVD-0.80=NAVD)


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Summary of Recommended codechanges chapter 10

Update all elevations from NGVD 1929 to NAVD 1988

Update all building code references from Standard Southern

Building Code to International Building Code.


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DIVISION 2. - CRITICAL AREAS

Sec. 10-221. - Title.

This division shall be known as and called the "Critical Area Foundation Ordinance."

(Code 1972, 54-1)

Sec. 10-222. - Definitions.

The following terms, wherever used herein, shall have the respective meanings assigned to themunless a different meaning clearly appears from the context:

Beach area.That area east of the dune setback line, as said dune setback line is defined in section30-81 of the Code of Ocean City, Maryland.

Critical area.For the purposes of this division, the following two areas:

(1) That area east of the easterly right-of-way line of Baltimore Avenue, lying north of North 26thStreet and south of North 33rd Street.

(2) That area lying east of a point 250 feet west of the beach replenishment project line, lying northof 33rd Street and south of the division line between the State of Maryland and the State ofDelaware.

Municipal agency.The Department of Planning and Community Development, the office of the CityEngineer, the Planning Commission of Ocean City, and the Board of Appeals of Ocean City.

SSTD 10-93means the Standard for Hurricane Resistant Residential Construction.

(Code 1972, 54-2)

Sec. 10-223. - Violations.

Any person who shall construct or erect any structure without complying with the terms, requirementsand provisions of this division shall be deemed to have committed a municipal infraction. In addition to the

penalty herein created, the building official is hereby authorized to issue a stop work order and cause thesame to be posted on any project, structure or building section erected in violation of this division. Anyperson thereafter working on the subject property while said stop work order is in effect shall be deemed tobe in violation of this division and subject to the penalties imposed by this section. New and renewal nationalflood insurance may be denied for any structure remaining in violation of this division or situated on propertyin violation of this division.

(Code 1972, 54-7)

State law reference Penalties for ordinance violations, Ann. Code of Md. art. 23A, 3.

Sec. 10-224. - Occupancy permits.

The building official shall not issue any occupancy permit for any project, building or structure that hasbeen and remains in violation of this div ision.

(Code 1972, 54-8)

Sec. 10-225. - Effective date.

This division shall take effect as of the date of its passage and shall apply to all projects, structures orbuildings, the application for which is received after the date of its passage by any municipal agency. Any

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project being considered by any municipal agency as of the effective date of this division is exemptedherefrom.

(Code 1972, 54-9)

Sec. 10-226. - Variances.

(a) A property owner of property in the critical area, or his representative, may seek a variance from therequirements of this division by application to the construction Board of Adjustments and Appeals ofOcean City based upon the following conditions:

(1) That the variance is requested for an improvement to a preexisting structure which is minor innature and is an accessory use to said preexisting structure (i.e., decks, balconies, porches, etc.).

(2) Failure to grant the variance would result in exceptional hardship to the owner. Economic hardshipshall not be considered exceptional.

(3) Good and sufficient cause exists for granting the variance.

(b) Such a variance may be issued only if the following additional conditions are met:

(1) The applicant demonstrates good and sufficient cause.

(2) The board determines that failure to grant such a variance would result in exceptionalnoneconomic hardship to the applicant.

(3) The board determines that the variance will not result in additional threats to public safety orextraordinary public expense and will not create nuisances, cause fraud or victimization of thepublic or conflict with existing local laws or ordinances.

(4) The board determines that the variance is the minimum necessary, considering the flood hazard,to afford relief.

(5) The board advises the department of natural resources and the Federal Emergency ManagementAgency of action taken on variance requests.

(c) The board shall, in deciding on requests for variances, be guided by the following provisions:

(1) The board shall not only consider the effect of such a variance on the structure on which it is tobe added but also on preexisting structures in the area.

(2) The board shall provide, in the event that any variance is provided, that the building permit issuedshall, in writing, indicate:

a. That the proposed improvement in the preexisting structure is located in a flood zone criticalarea.

b. That flood insurance rates may increase as a result of said variance.

c. That the proposed improvement to the preexisting building may not be enclosed in anymanner, other than by a railing, and may not be used for purposes of habitation.

(d) Exemptions. For the purposes of this section, the following improvements may be approved by thebuilding official and are not considered structures requiring board approval for variance requests tothe requirements of this division: any deck, porch, balcony, walkway, fire escape, stairs or fence whichis minor in nature and is an accessory use to a preexisting structure and for which the building permitissued shall, in writing, indicate:

(1) That the proposed minor improvement may not exceed 1,000 square feet in area.

(2) That the proposed minor improvement to a preexisting building may not be enclosed in any

manner, other than by a railing, and may not be used for purposes of habitation.(3) Structures built beneath existing buildings for the containment of sprinkler systems and equipment

to retrofit existing high-rise buildings, are hereby exempt from the minimum design requirements

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of section 10-228, 10-192(a) and 10-195(1) provided that the structures are designed with break-a-way walls, flood vented in accordance with chapter 38 and all equipment elevated to a minimumof 3.0 feet above the base flood elevation.

(Code 1972, 54-10; Ord. No. 2008-23, 1-5-2009)

Sec. 10-227. - Municipally owned structures.

Municipally owned structures that are constructed on the oceanfront for the purpose of providingbackup support services for the Beach Patrol or for the protection of existing and future dunes or for thepurpose of aiding the health and comfort of swimmers, bathers or beachgoers on the public beaches ofOcean City were declared exempt from the provisions of this division by Ordinance No. 1974-19, adoptedDecember 16, 1974.

Sec. 10-228. - Minimum design requirements.

In all critical areas, as such areas are in this division described, the following design criteria shall apply:

(1) Wind loads.The design wind loads as established by chapter 16 of the International BuildingCode and SSTD 10-93 shall be met.

(2) Scour.For the purpose of scour design, all areas above plus 3.52.7feet above mean sea level inthe Atlantic Ocean, Ocean City, Maryland, 1929 NAVD 1988 datum shall be considered aseroded, whether or not so eroded. All areas between minus 1.5 2.3feet mean sea level and plus3.52.7feet above mean sea level, though not considered eroded, shall be considered unstableand of no support.

(3) Impact loads.Between elevations plus 3.52.7feet and plus 10.59.7feet above mean sea level,all supporting structural members located along the north, east and south perimeters of anystructure shall be required to resist an intermittent horizontally applied force, in any westerlydirection, of 100,000 pounds per one-square foot area. This impact loading is in addition to allother normal design loads.

(4) Exemptions.In that portion of the critical area lying west of a point 175 feet westerly of the beachreplenishment project line, as now defined in chapter 30, article II, division 2 of this Code, allbuildings under 36 feet in height above finished grade are exempted from the provisions of thissection, provided that said structures shall comply with all provisions of the Standard Building

Code, chapter 16,International Building Code and SSTD 10-93, and the general foundationrequirements, division 1 of this article, as the same is or may be amended f rom time to time.

(5) Buildings partially in critical area.In the event that a structure is constructed in such a mannerthat a portion of such building is within a critical area, as in this division defined, and a portion ofsuch building is without such critical area, that portion of said structure within the critical area shallmeet the minimum design requirements of section 10-228 aforesaid, unless it qualifies as anexemption under subsection (4) of this section.

(6) Manufactured homes, etc.Placement or construction of mobile homes, manufactured homes andprefabricated modular units shall be prohibited in the critical area.

(Code 1972, 54-3; Ord. No. 2000-26(emer.), 8-21-2000; Ord. No. 2001-13, 7-16-2001)

Sec. 10-229. - Plan and certification requirements.

All applicants for building permits for locations within the critical areas shall submit plans to the buildingofficial. These plans shall show, as clearly as is possible, all wind load, scour and impact load design factorssufficient to meet or exceed the requirements of section 10-228 of this division. In addition, if the proposedstructure is a multifamily, multiunit or multi-business structure, it shall, in addition to the above, bear acertification by an architect or engineer, properly licensed and certified by the State of Maryland, that therequirements of section 10-228 of this division have been met or exceeded. The building official may, at hisdiscretion, require any applicant for a permit to furnish him with additional data.

Commented [TM1]: Updated to NAVD 1988 fo

consistency

Commented [TM2]: Update to current code

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(Code 1972, 54-4)

Sec. 10-230. - Construction standards.

Any structure erected within the critical area shall conform to the plans approved by the building officialpursuant to this division. In addition, the following requirements shall also apply:

(1) Pilings.Untreated wood piles may only be used when cut off at a level of one foot below thegroundwater table. The groundwater table of any respective site shall be determined by actualgroundwater level measurements at the proposed site. Said measurements shall be taken at six-hour intervals over a continuous period of two weeks in a six-inch open pipe so placed that thewater level within it may rise and fall with the tidal fluctuation. These groundwater levelmeasurements shall be graphically presented to the building official at the time of the applicationfor a building permit.

(2) Concrete cover.All exposed structural concrete below an elevation of plus 19.518.7feet abovemean sea level shall have a two-inch cover of dense structural concrete (150 pounds per cubicfoot) over the reinforcing steel.

(3) Bulkheads. Bulkheads are allowed at the discretion of the building official, provided that thebulkhead completely surrounds the structure on the north, east and south sides of the foundation.Such a bulkhead must and shall consist of steel-reinforced concrete walls from elevation plus15.514.7feet above mean sea level to plus 5.54.7feet or lower above mean sea level, securelyfastened to interlocking steel sheet piling to an elevation minus 8.59.3feet below mean sea level,except at exposed exterior corners, where said piling shall extend to an elevation minus 13.514.3feet below mean sea level for a distance of 20 linear feet each way from the corner. Any bulkheadaccepted by the building official shall meet or surpass the scour and impact load requirements ofsection 10-228 of this division, and shall meet or surpass the concrete cover requirements ofsection 10-230 of this division. In the event the building official approves such a bulkhead, thebuilding official may, in his discretion, permit in respect to the foundation requirement a variancefrom the scour and impact load requirements of section 10-228 of this division. In any and allevents, the approval of a bulkhead meeting the minimum requirements of this section of thisdivision is at the building official's sole discretion. In the event such a bulkhead is approved, thebuilding official shall keep available at his office the plans in respect to said bulkhead, and shall,by letter, inform the department of natural resources of the State of Maryland and the FederalEmergency Management Agency that such a foundation has been approved and that the plans

for said bulkhead may be inspected at the office of the building official.(Code 1972, 54-5)

Sec. 10-231. - Beach area.

In the ev

February 10 2015 Complete Agenda

Documents

Transcript of February 10 2015 Complete Agenda