November 13 2012 Complete Agenda

7/30/2019 November 13 2012 Complete Agenda

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AGENDA

MAYOR AND CITY COUNCIL WORK SESSION

TUESDAY, NOVEMBER 13, 2012 11:00 A.M.

Closed Session Tuesday, November 13, 2012 11:00 a.m.- 1:00 p.m. Legal and PersonnelMatters

1. Report on Closed Session Tuesday, November 13, 2012 11:00 a.m. Legal andPersonnel Matters

2. Bid Opening A. Medical SuppliesB. Wastewater Clarigester Project

3. Bid Award Recommendation for the Caroline Station DemolitionPresented by: Terence McGean, City Engineer

4. Bid Award Recommendation for the Caroline Street Comfort Station and Stage ConstructionPresented by: Terence McGean, City Engineer

5. Quarterly Fire/EMS ReportPresented by: Fire Chief Chris Larmore

6. Request to Sole Source Purchase a Paramedic UnitPresented by: Fire Chief Chris Larmore

7. Update on Founders Entertainment Music FestivalPresented by: Tom Russell, Founders Entertainment

8. Maryland State Highway Administration Fall MeetingPresented by: Donnie Drewer, District Engineer

9. Request to Purchase a Ground Penetrating Radar DevicePresented by: Hal Adkins, Public Works Director

10.Request to Shift Historical Capital Funding to Fund Completion of the Baltimore AvenueRight-of-Way Platting EffortPresented by: Hal Adkins, Public Works Director

11.Discussion of Lease Renewal of the Rental Car Concession at the Ocean City AirportPresented by: Hal Adkins, Public Works Director and Jaime Giandomenico, Airport Manager

12.Request Revision to Ordinance 2012-05 as it Pertains to Dates of Enforcement on CaleMachinesPresented by: Hal Adkins, Public Works Director and Dick Malone, PW Deputy Director


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WORK SESSION -MAYOR AND CITY COUNCIL

TUESDAY, NOVEMBER 13, 2012

1 Report on Closed Session - Tuesday, November 13, 2012

11:00 a.m. 1:00 p.m. Legal and Personnel 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 MarylandPURPOSES:

X

1. To discuss:

(i)

the appointment, employment, assignment, promotion, discipline, demotion,compensation, removal, resignation or performance evaluation ofappointees, 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 is

not related to public business

3. To consider the acquisition of real property for the public purpose and mattersdirectly related thereto;

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

9. Conduct collective bargaining negotiations or consider matters that relate to thenegotiations;

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 criminalconduct;

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

14. Before a contract is awarded or bids are opened, discuss a matter directly relatedto 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 participatein the competitive bidding or proposal process

DATE AND TIME: Monday, November 13, 2012 11:00 a.m.

PLACE: City Hall

SUBJECT: Legal and Personnel Matters

VOTE: UNANIMOUS

OTHER: FOR:

AGAINST:

ABSTAIN:

ABSENT:from voteonly:


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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,

November 13, 2012, a closed session was held on Tuesday, November 13, 2012 at

11:00 a.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 Personnel Matters

(b) Persons present:

Mayor Richard MeehanCity Manager David RecorCouncil President Lloyd MartinCouncil Secretary Mary KnightCouncil Members Doug Cymek; Mary Knight; Margaret Pillas; Brent Ashley;

Dennis Dare and Joe MitrecicCity Solicitor Guy AyresExecutive Office Associate Diana Chavis

Action(s) taken:

Motion to close meeting:

H:\Wpdoc\closedsess.wpd


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2 Bid Opening

A. Medical Supplies


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Office of the City ManagerP. O. Box 158Ocean City, MD 21842

BID FORM

PAGE ONE

RE: Medical Supplies

If promised delivery is not met, the Mayor and City Council reserves the rightnot to honor the bid and contract.

In order to be considered, no deviation or modification from the attachedspecification will be allowed. In the event a different bid form is used, the bidwill not be considered.

It is not the intent of the Town of Ocean City to disqualify a bidder if they donot meet every bid line item specification. All bids will be reviewed for theirown merit to determine the successful low bidder.

Sealed bids must be in the City Managers Office, City Hall, 301 Baltimore

Avenue, Ocean City, Maryland no later than 11:00 AM, Tuesday, November 13,2012. Mailed bids must be received by this time as postmarks will not beconsidered. Faxed bids are not allowed and will not be considered a validproposal.

Mailed bids should be addressed to the City Manager

s Office, 301 BaltimoreAvenue, Ocean City, Maryland 21842 and marked prominently on the front ofthe envelope SEALED BID: MEDICAL SUPPLIES

The bids will be acknowledged by the Mayor and City Council at their regularWork Session Tuesday, November 13th, 2012 at 1:00 P.M. at City Hall, 301Baltimore Avenue, Council Chambers, Ocean City, Maryland. Following staffreview and Council approval all bidders will be notified of the final results.

The undersigned understands that the Mayor and City Council of Ocean City,Maryland has the right to reject any and all bids for any reason.

DATE: SIGNED: _____T ITLE: _____________________COMPANY: ___________________


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Office of the City ManagerP.O. Box 158Ocean City, Maryland 21842

BID FORM

PAGE TWO

RE: MEDICAL SUPPLIES

Company Name:

Address:

Phone:Fax No. ________________________________________________

Note 1. All prices must be quoted F.O.B., Ocean City, Maryland

Officer Name:Title:Signature:Date:

Note 2. This bid form must be signed by an officer of your company or anauthorized agent for this proposal to be considered valid by the Mayor andCity Council of Ocean City, Maryland.


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2. Bid Opening B. Wastewater Clarigester Project


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W astew ater Treat m ent Plant- Clar igester Sludge Pum ping Upgrades Bid

CO N TRACTO RS Base Bid = Part A + Part B

Bering Construct ion

George & Lynch, Inc.

Harkins Con tr act ing, Inc.

Johnston Construct ion

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N:\14227-000\Engineering\Specs\Div 00\03-00020.doc October 2012

00020 - 1

SECTION 00020

ADVERTISEMENT FOR BIDS

TOWN OF OCEAN CITY, MARYLAND

OCEAN CITY WASTEWATER TREATMENT PLANT

CLARIGESTER AND PRIMARY SLUDGE

PUMPING STATION UPGRADES

CONTRACT No. WR/OC-183

Notice is hereby given that separate sealed bids for the Clarigester and Primary Sludge PumpingStation Upgrades at the Town of Ocean City Wastewater Treatment Plant, Contract No. WR/OC-183will be received from qualified Contractors by The Mayor and City Council of Ocean City,Maryland, c/o the City Manager, Town of Ocean City, Maryland, 301 Baltimore Avenue, Ocean

City, Maryland 21842, on November 13, 2012until 11:00 a.m., local time. The bids will be publiclyopened and read aloud on the same dateat 1:00 p.m. at the meeting of the Mayor and City Council.Please use the yellow sheet supplied in the bid form with your bid submission.

Any bids received after the above time will not be accepted under any circumstances. Any

uncertainty regarding the time a bid is received will be resolved against the Bidder. The Contract

will be awarded on a lump sum basis. NOTE: FED-EX AND UPS OVERNIGHT DELIVERIES

ARE NEVER ON TIME!

The project consists of construction of Clarigester and Primary Sludge Pumping Station Upgrades,

including mechanical/electrical equipment, support systems and appurtenances and other

miscellaneous work. The Owner has entered into pre-purchase agreements with two majorequipment vendors to expedite fabrication and delivery of equipment, but the Contractor will be

responsible for off loading, storage, installation, and commissioning of Owner furnished equipment

in accordance with the Contract Documents.

A Pre-Bid Conference for this project will be held at the Department of Public Works, 204 65th

Street - Building E, Ocean City, MD 21842, on October 31, 2012 at 10:30 a.m. The purpose of the

Pre-Bid Conference is for Bidders to familiarize themselves with the project site and to ask questions

pertaining to the Specifications and the work. All Bidders are encouraged to attend and can visit the

site afterwards. The Specifications are available at the offices of Whitman, Requardt and Associates,

LLP, 801 South Caroline Street, Baltimore, Maryland 21231. Contact Katie Auerbach, tel. 410-235-

3450. Reproduction and distribution of these Bid Documents shall only be done at the Discretion

-1.

Each Bid must be accompanied by a Bid Security in the form of either a Certified Check upon an

incorporated bank or trust company or a Bid Bond. The Certified Check or Bid Bond shall be for an

amount not less than five percent of the Bid P

Council of Ocean City, Mar dder will not withdraw his Bid for a



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00020 - 2

period of 60 days after bids are opened, and that the successful Bidder will fill in and execute the

proposed Contract and furnish the appropriate additional bonds within ten days after Notice of

Award of the Contract. Bid Bonds must be written by a corporate surety acceptable to the Town and

authorized to write bonds of such character and amount under the laws of the State of Maryland.

However, a Bidder may withdraw his Bid from consideration if his Bid is substantially lower than

the other bids due solely to a mistake therein, provided that the Bid was submitted in good faith andthe mistake was clerical and due to an unintentional arithmetic error or omission. In such event, the

Bidder shall give notice in writing of this claim or right to withdraw his Bid within two business

days after the bids are opened.

The successful Bidder will be required to furnish Performance and Payment Bonds, each in the

amount of 100% of the Contract Price. Failing to do so, he will forfeit his Bid Security. The

successful Bidder will also be required to purchase a Town of Ocean City business license.

The Town reserves the right to accept or reject any or all bids, to waive irregularities and to award

the Contract as it deems will best serve its interest.

The Town shall have the authority to negotiate with the apparent low Bidder on projects bid in

accordance with the Maryland Code, where the Bid from such Bidder exceeds available funds, in

order to obtain a Contract Price within such available funds. For purposes of this paragraph, the term

a particular project. The Town

shall take reasonable steps to obtain the lowest and most competitive price possible within available

funds.



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EJCDC C-410 Suggested Bid Form for Construction ContractsCopyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved.


00410-i

This document has important legal consequences; consultation with an attorney is encouraged with respect to

its use or modification. This document should be adapted to the particular circumstances of the contemplated

Project and the controlling Laws and Regulations.

BID FORMFOR CONSTRUCTION CONTRACTS

Prepared by

ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE

and

Issued and Published Jointly by

AMERICAN COUNCIL OF ENGINEERING COMPANIES

______________________

ASSOCIATED GENERAL CONTRACTORS OF AMERICA

______________________

AMERICAN SOCIETY OF CIVIL ENGINEERS

_______________________

PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE

A Practice Division of the

NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS

Endorsed by

CONSTRUCTION SPECIFICATIONS INSTITUTE



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00410-ii

Copyright 2007 National Society of Professional Engineers

1420 King Street, Alexandria, VA 22314-2794

(703) 684-2882

www.nspe.org

American Council of Engineering Companies

1015 15th Street N.W., Washington, DC 20005

(202) 347-7474

www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191-4400

(800) 548-2723

www.asce.org

Associated General Contractors of America

2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308

(703) 548-3118

www.agc.org

The copyright for this EJCDC document is owned jointly by the four

EJCDC sponsoring organizations and held in trust for their benefit by NSPE.

http://www.nspe.org/http://www.acec.org/http://www.asce.org/http://www.agc.org/http://www.novapdf.com/http://www.novapdf.com/http://www.novapdf.com/http://www.novapdf.com/http://www.agc.org/http://www.asce.org/http://www.acec.org/http://www.nspe.org/


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00410-iii

TABLE OF CONTENTS

Page

Article 1 Bid Recipient ...................................................................................................................................................................... 1

Article 2 ............................................................................................................................................. 1

Article 3 s Representations.................................................................................................................................................... 1

Article 4 ......................................................................................................................................................... 2

Article 5 Basis of Bid ........................................................................................................................................................................ 3

Article 6 Time of Completion ........................................................................................................................................................... 7

Article 7 Attachments to This Bid ..................................................................................................................................................... 4

Article 8 Defined Terms .................................................................................................................................................................... 4

Article 9 Bid Submittal ...................................................................................................................................................................... 5



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00410-1

ARTICLE 1 BID RECIPIENT

1.01 This Bid is submitted to: THE MAYOR AND CITY COUNCIL OF OCEAN CITY, MARYLANDc/o Office of the City Manager

301 Baltimore Avenue

Ocean City, Maryland 21842

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner inthe form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding

Documents for the prices and within the times indicated in this Bid and in accordance with the other terms andconditions of the Bidding Documents.

ARTICLE 2 MENTS

2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation thosedealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the

Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

ARTICLE 3 IONS

3.01 In submitting this Bid, Bidder represents that:A. Bidder has examined and carefully studied the Bidding Documents, other related data identified in the

Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged:

Addendum No. Addendum Date

B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Siteconditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, andperformance of the Work.

D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at orcontiguous to the Site and all drawings of physical conditions relating to existing surface or subsurfacestructures at the Site (except Underground Facilities) that have been identified in SC-4.02 as containing

reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at

the Site that have been identified in SC-4.06 as containing reliable "technical data."

E. Bidder has considered the information known to Bidder; information commonly known to contractorsdoing business in the locality of the Site; information and observations obtained from visits to the Site; theBidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with

respect to the effect of such information, observations, and documents on (1) the cost, progress, andperformance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction

to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and

procedures of construction expressly required by the Bidding Documents; and (3) safetyprecautions and programs.



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00410-2

F. Based on the information and observations referred to in Paragraph 3.01.E above, Bidder does notconsider that further examinations, investigations, explorations, tests, studies, or data are necessary for the

determination of this Bid for performance of the Work at the price(s) bid and within the times required,

and in accordance with the other terms and conditions of the Bidding Documents.

G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relatesto the Work as indicated in the Bidding Documents.

H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidderhas discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to

Bidder.

1. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms andconditions for the performance of the Work for which this Bid is submitted.

ARTICLE 4 ON

4.01 Bidder certifies that:A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and

is not submitted in conformity with any collusive agreement or rules of any group, association,

organization, or corporation;

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;C. Bidder has not solicited or induced any individual or entity to refrain from bidding; andD. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the

Contract. For the purposes of this Paragraph 4.01.D:

1. c , or soliciting of any thing of value likely toinfluence the action of a public official in the bidding process;

2. n intentional misrepresentation of facts made (a) to influence thebidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitivelevels, or (c) to deprive Owner of the benefits of free and open competition;

3. c Bidders, with or withoutthe knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive

levels; and

4. cproperty to influence their participation in the bidding process or affect the execution of the Contract.



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ARTICLE 5 BASIS OF BID

5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s):BID SCHEDULE

No. Item Unit Quantity Unit

Price

Total

PART A LUMP SUM ITEMS

A-1 North Clarigester and Primary Sludge Pumping

Station Upgrades as required by the ContractDocuments all complete and in place

LS -- -- $_________

TOTAL FOR PART A LUMP SUM ITEMS $_________

PART B CONTINGENT UNIT PRICE ITEMSB-1 Contingent Test Pits CY 10 $_________ $_________

B-2 Contingent Unclassified Excavation CY 10 $_________ $_________

B-3 Contingent Borrow Material, A-1, A-2-4, A-2-6

or A-3

CY 10 $_________ $_________

B-4 Contingent DG Aggregate, MDSHA CR-6 or

GAB

CY 10 $_________ $_________

B-5 Contingent OGC Aggregate, MDSHA No. 57

Aggregate

CY 10 $_________ $_________

B-6 Contingent Geotextile SY 20 $_________ $_________

B-7 Furnishing and Placing Contingent 2,500 psi

Concrete

CY 10 $_________ $_________

B-8 Furnishing and Placing Contingent StructuralConcrete

CY 10 $_________ $_________

B-9 Furnishing and Placing Contingent Steel for

Concrete Reinforcement

TON 1 $_________ $_________

Total for Part B CONTINGENT UNIT PRICE ITEMS $_________

PART C ALTERNATE ADDITIVE ITEMS

C-1 South Clarigester Upgrades as required by the

Contract Documents all complete and in place

LS -- -- $_________

TOTAL FOR PART C ALTERNATE ADDITIVE ITEMS $_________



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00410-4

Unit prices have been computed in accordance with Paragraph 11.03.B of the GeneralConditions.

Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose ofcomparison of Bids, and final payment for all Unit Price Bid Items will be based on actual quantities,determined as provided in the Contract Documents.

RECAPITULATION

Total for PART A - LUMP SUM ITEMS $_________

Total for PART B - CONTINGENT UNIT PRICE ITEMS $_________

TOTAL BASE BID FOR CONTRACT $_________(PARTS A AND B)

Total for PART C ALTERNATE ADDITIVE ITEMS $_________

BASIS FOR AWARD: The award of the Contract shall be based on the total ofParts A, and B.

I/We proposed to furnish all materials, labor, equipment and other facilities and appurtenances necessary

and proper for Clarigester and Primary Sludge Pumping Station Upgrades in accordance with Specificationsthereof at and for the lump sum price of:

______________________________________________________________________________________

and ____________________________________________________________________________cents.

ARTICLE 6 TIME OF COMPLETION

6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final paymentin accordance with Paragraph 14.07 of the General Conditions on or before the dates or within the number of

calendar days indicated in the Agreement.

6.02 Bidder accepts the provisions of the Agreement as to liquidated damages.ARTICLE 7 ATTACHMENTS TO THIS BID

7.01 The following documents are submitted with and made a condition of this Bid:A. Required Bid security in the form of ;B. List of Proposed Subcontractors;C. List of Proposed Suppliers;D. Affidavit of Non-Collusion

ARTICLE 8 DEFINED TERMS

8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, theGeneral Conditions, and the Supplementary Conditions.



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ARTICLE 9 BID SUBMITTAL

9.01 This Bid is submitted by:

If Bidder is:

An Individual

Name (typed or printed):

By:

Doing business as:

A Partnership

Partnership Name:

By:

(Signature of general partner -- attach evidence of authority to sign)


A Corporation

Corporation Name: (SEAL)

State of Incorporation:

Type (General Business, Professional, Service, Limited Liability):_______

By:

(Signature -- attach evidence of authority to sign)


Title:(CORPORATE SEAL)

Attest

Date of Qualification to do business in Maryland is ____/____/____.

A Joint Venture

Name of Joint Venture:

First Joint Venturer Name: (SEAL)

By:(Signature of first joint venture partner -- attach evidence of authority to sign)



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00410-6


Title:

Second Joint Venturer Name: (SEAL)

By:(Signature of second joint venture partner -- attach evidence of authority to sign)


Title:

(Each joint venturer must sign. The manner of signing for each individual, partnership, andcorporation that is a party to the joint venture should be in the manner indicated above.)

Bidder's Business Address

Phone No. _____________________________________ Fax No.

E-mail ______________________________ _______

SUBMITTED on , 20____.

State Contractor License No. . [If applicable]



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3 Bid Award Recommendation for the Caroline Station

Demolition

Presented by: Terence McGean, City Engineer


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TOWN OF

The W h i t e Mar l i n Cap i t a l o f t he Wor ld

TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Terence J McGean, PE, City EngineerRE: Caroline Street Comfort Station Demolition Bid AwardDATE: Nov 6, 2012

ISSUE(S): Caroline St. Comfort Station and Stage Project

SUMMARY: As authorized by City policy for contracts between $10,000 and$25,000, bids for the demolition of the existing Caroline St.

Comfort Station were opened in the Engineering Department onNovember 2, 2012. Staff recommends award to the apparent lowbidder, Strawbridge Contracting for the amount of $12,550. Thisis within the staff estimate of $20,000.

FISCAL IMPACT: $1,000,000 total construction budget funded from 2012 bond

RECOMMENDATION: Award the contract for the demolition of the existing Caroline St.Comfort Station to Strawbridge Contracting for $12,550

ALTERNATIVES: Re-bid which will delay the project

RESPONSIBLE STAFF: Terrance McGean, City Engineer

COORDINATED WITH: None

ATTACHMENT(S): Memo

Agenda Item # 3

Council Meeting Nov 13, 2012


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INTEROFFICE MEMORANDUM

TO: DAVID RECOR

FROM: TERENCE MCGEAN

SUBJECT: CAROLINE STREET DEMOLITION BID AWARD

DATE: 11/6/2012

CC: DIANA CHAVIS

Bids for the demolition of the existing Caroline Street Comfort Station were opened at theEngineering Department on Friday, November 2, 2012. I am recommending award to the apparentlow bidder, Strawbridge Contractors for the amount of $12,550 per the below bid tabulation.

CarolineStreetDemolitionContractBidder Amount BondStrawbridgeContractorsInc $12,550.00 yesRehaksContracting $18,000.00 yesBennettConstruction $18,880.00 yesAbsoluteDemolition $18,922.00 yesStaffEstimate $20,000.00 na


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4 Bid Award Recommendation for the Caroline Street Station

and Stage Construction

Presented by: Terence McGean, City Engineer


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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: Caroline Street Station & Stage Construction Bid AwardDATE: November 6, 2012

ISSUE(S): Caroline Street Comfort Station & Stage Project

SUMMARY: Bids for the general construction contract for the Caroline StreetComfort Station and Stage were opened by the Mayor and

Council at the November 5, 2012 Meeting. Staff recommendsaward to the apparent low bidder, Black Diamond Builders for$938,750. This is within the staff estimate of $950,000.

FISCAL IMPACT: $1,000,000 total construction budget funded from 2012 bond

RECOMMENDATION: Award the contract for construction of Caroline Street Station toBlack Diamond Builders

ALTERNATIVES: Re-bid the project resulting in a delay

RESPONSIBLE STAFF: Terrance McGean, City Engineer

COORDINATED WITH: None

ATTACHMENT(S): Memo

Agenda Item # 4



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INTEROFFICE MEMORANDUM

TO: DAVID RECOR

FROM: TERENCE MCGEAN

SUBJECT: CAROLINE ST STATION AND STAGE CONSTRUCTION BID AWARD

DATE: 11/6/2012

CC:

I have reviewed the bids for the above referenced project. I recommend award to the apparentlow bidder, Black Diamond Construction for the amount of $938,750 per the below bid tabulation.

Bidder Amount Bond AddendBlackDiamondBuilders $938,750.00 yes yesNasonConstruction $1,175,800.00 yes yesGillisGilkerson $1,261,550.00 yes yesHarkinsContracting $1,378,200.00 yes yesRBCI $1,456,637.00 yes yesStaffEstimate $950,000.00 na na


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5Quarterly Fire/EMS Report

Presented by: Fire Chief Chris Larmore


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TOW N OF


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

THRU: David L. Recor, ICMA-CM, City ManagerFROM: Chief Chris Larmore

RE: Quarterly Fire/EMS ReportDATE: October 23, 2012

I SSUE( S) : Quarterly Fire/EMS report to the Mayor and Council

SUMMARY: Review of summer season and presentation of off-season

initiatives

FI SCAL I MPACT: None

RECOMMENDATI ON: None

ALTERNATI VES: None

RESPONSI BLE STAFF: Ocean City Fire Department Chief Chris Larmore

COORDI NATED W I TH: Deputy Chief David Hartley (FMO)Deputy Chief Chuck Barton (Fire/EMS)

Deputy Chief Robert Duke (OCVFC)

ATTACHMENT(S) : Topics Outline

Agenda Item # 5

Council Meeting 11-13-2012


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Ocean City Fire DepartmentM&CC Quarterly Update

October 30, 2012

Bu i ld ings Funding Spring 2012 Station 4 rebuild Headquarters renovation

Fi reboat

Status of build Location 13th Street Boat Lift

Of f i ce r Deve lopm ent

Training Standards/Expectations of Officers Officers expectations of the Department

L ive - I n P rog ram

Strong support Response times Station4

Capt a ins Prom ot iona l Process

4 out 5 Captains qualify to retire in the next 3 years Individuals Outside Evaluators

Stor m Plan

Completed after last years hurricane (updated) Provides for a written 96-hour preplan (updated) Focus on all our Members and families

Sum m er 2012 Ca l l Vo lum e Sum m ary (Memorial Day to Labor Day) EMS - 2012 (2745) 2011 (2759) Change (-14) Fire - 2012 (503) 2011 (531) Change (-28) Total - 2012 (3248) 2011 (3290) Change (-42)


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6 Request to Sole Source Purchase a Paramedic Unit

Presented by: Fire Chief Chris Larmore


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25166 TOWN OF

The Wh i t e Mar l i n Cap i t a l o f t he W or ld

TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Chris Larmore, Fire ChiefRE: Replacement Paramedic UnitDATE: October 12, 2012

I SSUE( S) : Purchase of a Model Year 2013 International/Horton ParamedicUnit

SUMMARY: The Fire/EMS Division would like to sole source purchase a

budgeted Paramedic Unit from Fesco Emergency Sales.

This will allow the division to keep consistent emergencyequipment within the current fleet. The service center will benefitas well by keeping the same chassis and power train set up asour current fleet.

The unit is on the HGAC contract, which FESCO Emergency Saleshas access to, and is willing to extend pricing to the City.

FI SCAL I MPACT: Estimated $248,000 in the Vehicle Trust Fund. The ParamedicUnit will cost $250,515.

RECOMMENDATI ON: Approve the sole source purchase.

ALTERNATI VES: Proceed with request for proposals.

RESPONSI BLE STAFF: Chris Larmore, Fire ChiefChris Shaffer Assistant Fire Chief

COORDI NATED W I TH: David L. Recor, ICMA-CM, City ManagerJennie Knapp, Budget Manager

ATTACHMENTS: 1) Bid Proposal FESCO Emergency Sales2) HGAC Buy Cooperative Purchasing information

Agenda Item # 6

Council Meeting November13,2012


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Ocean City Fire DepartmentMemorandum

To: Chief LarmoreFrom: Asst. Chief ShafferDate: October 11, 2012Re: Replacement Medic Unit

Chief Larmore, I am recommending the purchase of a replacement Medic unit from FescoEmergency Sales. The unit will be a model year 2013 Horton model 623 on a International 4300

extended cab chassis. This request will be a sole source purchase on the HGAC cooperativepurchasing agreement AM04-10 dtd 01/17/11. The Fire/EMS division currently operates a fleet ofHorton/International units. I am recommending the division stay with the same manufacturers forconsistency and ease of operation between units. This is a current budgeted item at $248,000.00.Theprice is $250,515.00. The difference in cost was discussed with Budget Manager Knapp earlier thismonth. She will find the additional money to fund the purchase.


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7 Update on Founders Entertainment Music Festival

Presented by: Tom Russell, Founders Entertainment


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TOW N OF



THRU: David L. Recor, ICMA-CM, City ManagerFROM: Lisa Mitchell, Private Events Coordinator

RE: Founders Entertainment Concert UpdateDATE: October 25, 2012

I SSUE( S) : An update on Founders Entertainment High Tide Music Festival

scheduled to take place on the beach the weekend of June 1-2,

2013.

SUMMARY: Founders Entertainment is providing a production update for theconcert event that was approved by the Mayor and Council on

October 17, 2011.

Included in the update are two additional requests:

1) to start the weekend event on Friday, May 31, 2013 and

2) to extend concert hours to 11 p.m. on Friday and Saturdayand to extend Sunday hours to 10:30 p.m.

FI SCAL I MPACT: Founders Entertainment is estimating a 20 million dollareconomic impact to Ocean City.

RECOMMENDATI ON: Staff has no concerns with adding Friday to the events timeframe, as long as no additional set-up time is needed.

Staff refers to the Mayor and Council for the consideration ofextending the hours of operation.

ALTERNATI VES: Keep original event dates of Saturday and Sunday only andretain originally proposed hours of operation.

RESPONSI BLE STAFF: John Sullivan, Special Events Director

Lisa Mitchell, Private Events Coordinator

COORDI NATED W I TH: Appropriate staff, including Special Events, Public Works, BeachPatrol, and Police

ATTACHMENT(S) : Founders Entertainment Power Point Presentation

Agenda Item # 7

Council Meeting November13, 2012


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A 2-Stage music festival set on Ocean Citys beautiful beach

Event Dates: May 31st June 2nd 2013 *

Site Capacity: 35,000 per day

Est. Attendance: 20,000-25,000 per day

Event Hours: 5/31: 3pm11pm, 6/1: 1pm10:30pm

Art, Craft Vendors, Sponsor Activations, and food & beverag

compliment the music The programming format of the festival has changed from a roca country music event

Target talent for the festival include nationally recognized Ctypically play arenas and other large scale venues

Event Overview & Updates


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Layout & Location

The current proposed layout of the festival spans from DorchesStreet (this is 32% smaller than the previously proposed event lay

The events perimeter fence will be approximately 70 feet offper the city ordinance

The events main entrance and exit is currently placed on theevent site, allowing ample room for cueing lines

There will be easy access to the beach via Dorchester Streeand other safety personnel

See detailed site map on next page for additional info on layou


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Town Involvement & Impact Load-in for the event will begin on Monday May 27th at approwe are seeking permission to drop some matting down on Sunday

All event elements and equipment will be brought in via Dorcwe would like to discuss if Division Street is possible as well

Due to the tight timeline, we are looking at building manyovernight. A draft of our build schedule can be seen at the end of t

We are working closely with city personnel to ensure that overnlittle impact as possible (e.g. Turning off reverse beepers)

We are talking with the Worcester Alcohol Department and will fonecessary in order to sell beer and wine at the event

We have had detailed meetings with the Special Events dWorks, Police and other authorities to discuss/review the above


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Benefits to Ocean CityShort Term Economic Impact

$20MM* estimated economic impact on Ocean City

*This estimate is based upon economic impact studies on similar festivals around the co

The weekend after Memorial Day has been historically light, anddrive hotel, motel, and condo rentals, as well as local commerce

Festival promoter to reimburse Ocean City for mutually agreed uused

Long Term Economic Impact

Goal is to create an annual event that has a significant economiOcean City and its businesses

Festival will attract new visitors and introduce them to Ocean Cit

Event will showcase Ocean City as a premier event and musica


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Benefits to Ocean CityMarketing & PR

Ocean City to be heavily featured on event website & all market

Strategic marketing plan to have regional focus but national reac

Marketing Plan to include online, radio, billboards, and print, andclosely with Tourism to coordinate efforts and maximize exposure

Event PR team will work with local media outlets (e.g. Print, TV, event coverage and features

Event marketing & PR will result in millions of impressions and eCity to a national audience


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Our TeamFounders Entertainment

Founders Entertainment is a partnership run by experienced musiwho have managed and booked some of the biggest live music ev

States. With a massive network of event coordinators and manageunderstanding of large scale event operations and safety, the Foufirst class events that are catered toward its attendees. Events thehas worked include The Governors Ball Music Festival, BonnarooFestival, Life is Good. Festival, & more.

Starr Hill PresentsStarr Hill Presents: Starr Hill Presents is a division of Red Light Ma

countries largest privately owned artist management company. RPresents owns, operates and invests in this countrys largest and music festivals, including Bonnaroo Music and Arts Festival, OutsiFood Wine Beer Art Festival, Dave Matthews Band Caravan, PhisFree Press of Houston Festival.


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8 Maryland State Highway Administration Fall Meeting

Presented by: Donnie Drewer, District Engineer


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TOW N OF



FROM: David L. Recor, ICMA-CM, City ManagerRE: Maryland State Highway Administration Fall Meeting

DATE: November 7, 2012

I SSUE( S) : Bi-annual meeting with the Maryland State Highway

Administration (SHA)

SUMMARY: Representatives from the SHA will discuss potential safetystrategies identified in recent pedestrian safety studies.

FI SCAL I MPACT: Not specified

RECOMMENDATI ON: Refer to Mayor and Council

ALTERNATI VES: N/A

RESPONSI BLE STAFF:

COORDI NATED W I TH: Ocean City Pedestrian Safety Committee

ATTACHMENT(S) : SHA Discussion Outline

Agenda Item # 8



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MarylandStateHighwayAdministration FallMeeting

MayorandCouncilofOceanCity

November13,2012

Agenda:I. IntroductionsII. Discussionofpotentialsafetystrategiesidentifiedinrecentpedestriansafetystudies

thatmaybeimplemented Public/MediaOutreach EnforcementandEducation PossibleEngineeringSolutions

1. PhysicalBarriersalongmedian2. SignalTimingchangesforbothpedestriansandvehiculartraffic.3. RoadDiet(reductionoftravellanesbetween41Stand59thStreet). Thiswill

includewidersidewalksanddedicatedbikelanesalongthiscorridor4. Additionofpedestriansignalsatthreekeylocationsbetween

A. Between52ndand56thStreet5. RelocationofBusStops6. Reductioninspeedlimit7. Removalofmidblockmediancutthroughlocations8. Installationofsidewalkandcurbmarkings9. InstallPedestrianbumpoutsonMD378between9thStreetand15thStreet


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9 Request to Purchase a Ground Penetrating Radar Device

Presented by: Hal Adkins, Public Works Director


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25166 TOW N OF


TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Hal O. Adkins, Public Works DirectorRE: Request to Purchase Ground Penetrating Radar DeviceDATE: November 6, 2012

I SSUE( S) : Request Permission to Purchase Ground Penetrating RadarDevice for Utility Locates

SUMMARY: In an effort to improve the accuracy of our locate markings inthe field, we desire to purchase a radar device

FI SCAL I MPACT: $24,444.00 from the Wastewater Enterprise Fund

RECOMMENDATI ON: Proceed with the Enterprise Fund Funding allocation andconclude the purchase

ALTERNATI VES: Continue with marking locates via historical maps and continuefacing utility damage due to inaccuracy of markings

RESPONSI BLE STAFF: Hal O. Adkins, Public Works Director

COORDI NATED W I TH: Jennie Knapp, Budget ManagerDean Dashiell, Senior Project Manager

ATTACHMENT(S): 1) Memorandum authored by Hal Adkins dated November 6,2012

2) Price quote from Ditch Witch of Virginia dated October 26,2012

3) Chesterfield County Purchase Order dated August 6, 20124) Product literature

Agenda Item # 9

Council Meeting Nov. 13, 2012


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To: DavidL.Recor,ICMACM,CityManager

From: HalO.Adkins,PublicWorksDirector

Re: RequesttoPurchase"GroundPenetratingRadarDeviceWaterandWastewaterUtilityLocates

Date: November06,2012

InanefforttoadvanceourcapabilitiestocompleteaccurateundergroundservicelinelocatingI

aminneedofpurchasingadeviceknownas"GroundPenetratingRadar".Inrealitysucha

devicehasbeeninusebyothermunicipalitiesformanyyears.Wehavenothadtheneedto

advancetothatlevelofaccuracy"untilrecently".Nowletmeexplainthe"untilrecently".

DelmarvaPowerisunderwaywithmassiveinvestmentsinOceanCitywithupgradestotheir

undergroundcabling.

A

large

effort

has

recently

started

in

the

southern

section

of

Caine

Woods

andthiseffortwillcontinueforthebalanceofCaineWoodsnextyear.Aswithanyunderground

utilityupgrade,thecontractorcompletingtheworkisrequiredtocontact"MissUtility"andasa

resultofthatcall,thenumerousutilities(suchasEasternShoreGas,Verizon,Comcast,etc)then

respondandphysicallymarktheapproximatelocationoftheirownundergroundlines.Weare

partoftheMissUtilityeffortandarerequiredtomarkourownwater,sewer,andstormdrain

lines.

WhenconsideringthefarmajorityoftheundergroundinfrastructureinCaineWoodswas

installedbyaprivatedeveloper(JimCaine)wesimplyhavehistoricalmapstoworkfromwhen

markingwherethewaterandsewerlateralsare"supposetobe".Thoughonemayassumethe

laterals

run

into

the

lots

in

a

manner

perpendicular

to

the

"main"

in

the

street,

but

that

is

not

alwaysthecase.Inmanylocationswehavefoundthatthedeveloperranthematdiagonals.This

inandofitselfpresentsamajorproblemwhentryingtoaccuratelyindicatewherealinemaybe

located(keepinmindmostoftheselinesrangefrom2inchesorsmallerindiameter).

Inanefforttoavoidcontinualdamagetoourlaterals,duetoinaccuratelocatemarkings,we

needtoadvanceourselvesbyemployingtheuseofradarequipment.InsupportofthisrequestI

haveattachedthefollowingdocuments:

(1) AquotefromDitchWitchofVirginiaintheamountof$24,444.00forthedevicewewishtopurchaseand

(2) AcopyofaPOissuedbyChesterfieldCountyVAforthesamedeviceatthesameprice.WewishtopiggybackoffthisContractandDitchWitchiswillingtoallowustodosoand

(3) Literatureontheactualdevice


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InmyconversationswithJennieKnappshehasindicateditwouldnotbeappropriatetosplitthe

costofthedevicebetweenthetwoEnterpriseFunds(WaterandWastewater)froman

accountingstance.Thisstanceisbasedonthefactthatwedonotsplit"anasset"between

Funds.Therefore,whenconsideringthatthosefundingthisdevice(ourWaterandWastewater

RatePayers)areoneandthesame,itreallydoesnotmatterwhichFundcoverstheexpenditure

andIamaskingthatitbetheWastewaterFund.

Inclosing,IamaskingforpermissiontocontractwithDitchWitchofVirginiafor$24,444.00to

purchasea"2450GRGroundPenetratingRadarDevice".

IwillbeinattendanceattheWorkSessiononNovember13,2012topresentthistopic.

cc: JimParsons,ChiefDeputyDirectorofPublicWorks

JennieKnapp,BudgetManager

DeanDashiell,SeniorProjectManager

CharlieFelin,WastewaterSuperintendent

BudIman,WaterSuperintendent

BillBratten,

Public

Works

Construction

Manager


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10 Request to Shift Historical Capital Funding to Fund

Completion of the Baltimore Avenue Right-of-Way

Platting Effort

Presented by: Hal Adkins, Public Works Director


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25166 TOWN OF


TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Hal O. Adkins, Public Works DirectorRE: Baltimore Avenue Right of Way Platting

Request for Capital Funding ReallocationCompletion of Effort from: South 1st Street to South Division Street

DATE: November 06, 2012

ISSUE(S): Baltimore Avenue Right of Way Platting: Request for CapitalFunding Reallocation to Complete the Study

SUMMARY: Requesting permission to survey and plat the section ofBaltimore Avenue between South Division and South 1st Street

FISCAL IMPACT: Reallocation of $7,000.00 in existing Capital Funds

RECOMMENDATION: Provide approval to reallocate the funding and complete theeffort

ALTERNATIVES: Do nothing and leave this portion of our right of wayundocumented

RESPONSIBLE STAFF: Hal O. Adkins, Public Works Director

COORDINATED WITH: Terry McGean, City EngineerRussell Jones, City SurveyorGreg King, V.P., Whitman, Requardt and Associates

ATTACHMENT(S): Memo authored by Hal Adkins dated November 6, 2012

Agenda Item # 10



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Re: BaltimoreAveRightOfWayPlatting

RequestforCapitalFundingReallocation

CompletionofEffortfrom:South1stStreettoSouthDivisionStreet


Overthelastyearorsowehavecompletedextensiveresearchontheoriginalplattingofthe

BaltimoreAvecorridorfromNorthDivisionto15thStreet.Thisprojectwascompletedinaneffortto

establishtheactualrightofwaylinesoftheplattedroadfromthe1800's,uncovertheoriginal

propertymarkersfortheadjoininglandowners,identifythespecificlocationoftheunimproved

portionsoftherightofwayandtorecord(asapointinhistory)anyandallencroachmentsthatexist

intherightofway.Thatentireefforthasbeencompleted.

IwouldnowlikepermissiontocompleteonefinalissuepertainingtotheoverallBaltimoreAveright

ofway.

In

my

use

of

the

word

"overall"

Iam

meaning

the

balance

of

the

road

from

South

First

Street

(attheInletSeawall)northtoNorthDivision.WhenwereconstructedBaltimoreAvefromSouthFirst

StreettoNorthDivisionStreetinthefallof1991,weinstalledthenewsidewalkstocoincidewiththe

actualrightofwaylinefromSouthDivisionStreettoNorthDivision.WedidnotdosofromSouth

DivisionStreetsouthbeingwewerenotawareoftheexactrightofwaylineandwhatlevelof

encroachmentsthatexisted.ItshouldbenotedthatthelowersectionofTownwasactuallyplattedat

threedifferentpointsinhistory.OnelandplataddressedtheoriginalsectionofOceanCityfrom

SouthDivisiontoNorthDivision,oneaddressedtheareafromNorthDivisionheadingnorthanda

separatePlataddressedtheareaofSouthDivisionheadingsouthintowhatwasthenknownasSouth

1st,2nd,3rd,4th,etcthatleadtotheoldFishCampsthatwerelocatedwherethenorthtipof

AssateagueandtheInletresidetoday.ItisthesectionbetweenSouthDivisionStandSouth1stStreet

of

the

southern

most

plat

that

I

wish

permission

to

complete

the

right

of

way

research

on.

TocompletethisfinaleffortIneedtoreallocatesomeexistingCapitalFundsthatwereusedtofunda

"stormdrainretrofit"programbackin2005and2006. ThateffortiscompleteandtheCapital

Accounthasaresidualof$20,946.00.Iwouldlikepermissiontoreallocatethatfundingasfollows:

(1) BaltimoreAveRightOfWayCapitalAccount(BALTRT):$7,000.00. ThesefundswillallowmetocompletetheresearchandplattingofthefinalareainquestionthatresidesbetweenSouth

1stStreetandthenorthsideofSouthDivisionStreetalongBaltimoreAve.

(2) UndergroundUtilityCapitalAccount(UNDRGR):$13,946.00. Thisaccountcurrentlyhasabalanceof$2,244.00.Byplacingthesefundsintheaccountitwillallowmeaverysmall

amountof

operating

funds

to

address

minor

underground

utility

issues

that

we

typically

face

whencompletingourstreetimprovementefforts,citywide.

IwillbeinattendanceattheWorkSessiononNovember13,2012todiscussthisrequest.

cc: JimParsons,ChiefDeputyPublicWorksDirector

TerryMcGean,CityEngineer

RussellJones,CitySurveyor


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11 Discussion of Lease Renewal of the Rental Car

Concession at the Ocean City Airport

Presented by: Hal Adkins, Public Works Director and

Jaime Giandomenico, Airport Manager


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02516 TOWN OF


TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Jaime Giandomenico, Airport ManagerRE: Ocean City Municipal Airport

Lease Renewal Express Rent-A-Car of Ocean City, Inc.DATE: 10/21/2012

ISSUE(S): Renewal of Express Rent-A-Cars office Lease at the Ocean CityMunicipal Airport

SUMMARY: Historically, Express Rent-A-Car has been the only agent able tomeet the Towns requirements for service and year-roundstaffing of rental car counter in the Airport Terminal.

FISCAL IMPACT: Express Rent-A-Cars existing terms: $984.50 total monthly rent.

RECOMMENDATION: Renew Express Rent-A-Cars Terminal space Lease on existingTerms, for a three-year period.

ALTERNATIVES: An RFP process would be redundant. Express Rent-A-Car ofOcean City, Inc. has been the only firm who has been able tomeet the Towns requirements.

RESPONSIBLE STAFF: Jaime Giandomenico, Airport Manager

COORDINATED WITH: Guy Ayres, City SolicitorHal O. Adkins, Public Works Director

ATTACHMENT(S): Draft Lease Agreement

Agenda Item # 11

Council Meeting 11/13/2012


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LEASE

This Indenture of Lease, made and entered into this 1st day ofNovember 2012 by and between the Mayor and City Council of Ocean City,a Maryland municipal corporation, having its principal offices 3

rdStreet and

Baltimore Avenue, Ocean City, Maryland 21842 (hereinafter referred to asthe Lessor) and Express-Rent-A-Car of Ocean City, Inc. having its principaloffice at 12724 Airport Road, Berlin, Maryland 21811 (hereinafter referredto as the Lessee.).

WHEREAS, the Lessor owns and operates the Ocean City MunicipalAirport located off Maryland Route 611 and Ocean City Airport Road,Worcester County, Maryland, and in connection therewith operates aTerminal building and office space and;

WHEREAS, the Lessee will provide automobile rental services at theairport as an integral part of the necessary accommodations for groundtransportation provided for pilots and passengers arriving at and departingfrom the airport and the promotion and development of air commerce and airtransportation services into and at of Ocean City; and

WHEREAS, the Lessee desires to lease said property for the purpose ofproviding rental car services available at the airport, is qualified to do so,and has the capability for performing such services, and to equip saidfacilities for use in connection therewith, and obtain certain rights and

privileges with respect to the operation of an automobile rental agency atsaid airport, upon the terms and conditions hereafter provided.

NOW, THEREFORE, for and in consideration of the mutual promises,covenants, terms and conditions, both general and special, as hereinafter setforth. Lessor hereby grants to the Lessee the rights and privilegeshereinafter described, Lessee agrees to assume the duties, responsibilities,and obligations as hereinafter set forth, and the parties hereto, for

themselves,their successors, and assigns, agree as to the following:

1. Use of Premises: Lessee may use the premises, as hereinafter described,only for the purposes of operating an automobile rental agency, includingthe parking of automobiles and routine cleaning of the rental fleet. Theconduct of said business shall be at such location, from time to time,


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designated by the Lessor, and shall have thirteen (13) designated parkingspaces in the parking lot on the northeast side of the terminal building. Thespots reserved for the fleet of the Lessee shall be along the east edge of the

parking lot. Any parking spaces in excess of the 13 allocated, shall beleased from the Town of Ocean City at a rate of $12.00 per space per yearfor each space needed to accommodate the Lessees fleet. Further, it is theresponsibility of the lessee to mark all assigned and/or leases spaces withappropriate signage as well as all vehicles within the fleet. The Lesseesvehicles should all be marked on the lower left corner (drivers side) of thewindshield with a small decal identifying the vehicle as belonging to theLessee.

2. Purpose: Lessee has hereby been granted the right to use the premises ofthe Lessor for the purposes of operating a rental car agency. However,

Lessee acknowledges the right of other national automobile rental agenciesto pick-up or drop off customers on the Lessors property. Further, it isacknowledged by both parties that the Lessor shall not permit otherautomobile rental firms to perform any portion of a rental contract oragreement, including the staging or drop-off of cars, on Airport propertyunless said automobile rental firm is also a Lessee at the Ocean CityMunicipal Airport. Further, the Lessor acknowledges their duty to ensurethat any other automobile rental agency expressing an interest in operating atOcean City Municipal Airport must meet all the terms and conditions ascontained in this lease.

3. Term: The term of this Lease shall be for a period of three (3) yearscommencing 1 November 2012, and terminating 31 October 2015 unlessterminated sooner by mutual agreement of both parties.

4. Rent: From and after 1 November 2012, the Lessee agrees to pay the sumof Nine hundred and Eighty Four dollars and Fifty cents (984.50) permonth for the entire term of this Lease, due prior to the first of each month.This sum includes unlimited use of the counter space, utilities, and thirteen

allocated parking spaces. The agreed rent does not cover any parking spotover and above the 13 assigned, nor does it cover advertising on the signalong Rte 611.

5. Improvement and Alterations: The Lessee may install fixtures therein atits own expense, but not until receiving the permission of the Public WorksDirector, or the Airport Manager. The Lessee will not permit any lien to


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become attached to or foreclosed upon the leased premises on theimprovements thereto or thereon by reason of work or labor performed ormaterials furnished. All fixtures machinery and equipment installed by theLessee shall remain the property of the Lessee. At the termination of thislease, the Lessee shall remove its fixtures, machinery, and equipment andshall leave the premises in good order as it was at the beginning of this term,ordinary fair wear and tear accepted. If the Lessee fails to remove saidfixtures, machinery and equipment on or prior to the termination of thisLease, it may thereafter be removed by the Lessor at the Lessees expense ormay be retained by the Lessor as liquidated damages for breach of thecovenant to remove.

6. Utilities and Maintenance: The Lessee agrees, at its own expense, tocause the leased premises, and its improvements and appurtenances thereto,

to be maintained in a presentable manner and in presentable conditionconsistent with good business practices and equal in appearance andcharacter to other similar improvements on said Ocean City MunicipalAirport terminal.Lessor will make available utilities, and the Lessee may make connectionthereof, at the closest point where a proper connection point exists at thetime and date of this Lease. The Lessor will not charge for the privilege ofmaking connections. It is understood that the Lessor will not bring utilitiesto the demised premises and that such work will be done by the Lessee at itsown expense. Utilities provided by the Lessor shall include the use ofsewer, water, electric, and waste removal. Additionally, the Lessor shallcause the common areas in and around the demised premises to be cleaned.The Lessee shall pay for the connection to and total cost of connectiondesired for telephone, television and/or internet service they desire withinthe leased premises. The Lessee shall be responsible for all initialconnection charges and services fees.

7. Quiet Enjoyment: That, on payment of the rents and performance of thecovenants and adjustments on the part of the Lessee to be paid and

performed hereunder, the Lessee shall peacefully have and enjoy the leasedpremises and all the rights, privileges, and appurtenance granted herein.

8. Compliance: The Lessee agrees that in its use, occupancy andimprovements of the leased premises it will observe and obey all laws,ordinances or regulations of any governmental authority, including the


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Lessor, which is applicable to the Lessees use, occupancy, andimprovements of the premises.

9. Staffing: Lessees covenants and agrees to employ sufficient personnel tomanage and operate a rental car agency business in the Ocean CityMunicipal Airport terminal on a year-round basis. Lessees staffing will berequired to occupy the terminal office at least as many hours as the terminal

building is open to the public, mirroring the seasonal hours of operation ofthe Airport.

10 Indemnity and Insurance: The Lessee agrees to defend, indemnify, andhold harmless the Lessor, its officers, agents and employees from andagainst any and all claims, demands, suits, judgments, costs and expense ofany nature which accrue against, be charged to or recovered from the Lessor

or its officers, agents and employees resulting from or arising out of theLessees use or occupancy of the leased premises or other parts of theairport.The Lessee shall, at their own expense, maintain insurance of suchtype and in such amounts as may be satisfactory to the Lessor, and willdeliver to the Lessor certificates or other evidence of such insurance prior tooccupying the leased premises. Without limitation of the Lessors rightfrom time to time to specify other and different types, cost liability and otherclauses and amounts, the Lessee shall obtain prior to occupancy, a publicliability insurance policy with minimum limits of one million dollars($1,000,000.) for injury or death to any one person and five million dollars($5,000,000.) for injury or death to more than one person in any oneaccident. Additionally, the Lessee shall obtain insurance coverage in theminimum amount of one hundred-thousand dollars($1000,000.) covering

property damage claims. The Lessee shall also be required to cover theiremployees, staff, and/ or agents as may be required by the State ofMaryland.

11. Ingress and Egress: For the purposes of exercising the rights hereunder,the Lessee shall have the right to ingress and egress for itself and its

employees, associates, and invitees to and from the leased premises freely.Lessee may use any of the terminal facilities which are open to the public onthe same terms as use is provided to the public.

12 . Inspection by the Lessor: The Lessor may enter the leased premises atany reasonable time for any purposes necessary incidental to or connected


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with the performance of its obligations hereunder, for the purpose ofexamining the leased premises or in the exercise of governmental functions.

13 Taxes, Licenses, and Debts: The Lessee shall promptly pay all taxes,excises, license fees and/or permit fees of whatever nature applicable to itsoperation, and take out and keep current all licenses, municipal, state, orfederal required for the conduct of a rental car operation at and upon theleased premises and shall not allow any of the said taxes, excises, or licensefees to become delinquent.

The Lessee shall pay promptly when all bills, rental payments, or other debtsor obligations incurred by it in connection with its operations or activities onor in the leased premises, and will not permit the same delinquent, and willsuffer no lien, mortgage, judgment or execution to be filed against the leased

premises or improvements thereon which will in any way impair the rightsof the Lessor under the lease.

IN WITNESS WHEREOF this lease has been executed as of the day andyear first written above.

____________________________ _____________________________Witness Don LeGrow, Express

Rent-A-Car of Ocean City, Inc.Lessee

____________________________ ______________________________Kelly Allmond, City Clerk avid Recor, ICMA-CM

City Man ger, Mayor and CityCouncil of Ocean City, Maryland


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12 Request Revision to Ordinance 2012-05 as it Pertains to

Dates of Enforcement on Cale Machines

Presented by: Hal Adkins, Public Works Director and Dick

Malone, PW Deputy Director


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25166 TOW N OF



THRU: David L. Recor, ICMA-CM, City ManagerFROM: Hal O. Adkins, Public Works Director

RE: Discussion of a Conflict between Resolution 2010-21 and Ordinance 2012-5

Pertaining to Paid Parking Enforcement DatesDATE: Nov. 6, 2012

I SSUE( S) : Discussion of a Conflict Between Resolution 2010-21 and

Ordinance 2012-5 pertaining to Paid Parking Enforcement Dates

SUMMARY: There appears to be a conflict between the Ordinance and theResolution relative to the dates paid parking is currently

enforced.

FI SCAL I MPACT: If the date sensitive issue is not resolved and Cale Machine

enforcement is completed in accordance with Ordinance 2012-5,we will face a loss of revenues (amount undetermined at this

time).

RECOMMENDATI ON: Revise, via issuance of a new Ordinance, the time frames thatthe Cale Machines shall be enforced, per the attached memo.

ALTERNATI VES: Leave as is and revise the installation and enforcement dates for

the Cale Machines in 2013 to match the current Ordinance.

RESPONSI BLE STAFF: Hal O. Adkins, Public Works Director

COORDI NATED W I TH: Guy Ayres, City Solicitor

Jim Parsons, Chief Deputy Director of Public WorksRichard Malone, Deputy Director of Public Works

Bernadette DiPino, Police Chief

Kelly Allmond, City Clerk

ATTACHMENT(S) : 1) Memorandum authored by Hal Adkins dated November 6,2012

2) Resolution 2010-213) Ordinance 2012-54) Draft Ordinance

Agenda Item # 12



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Re: PaidParkingEnforcementDates

ConflictBetweenResolution201021andOrdinance20125

Removalof"DateSensitivity"


IwishtobringanissuetoyourattentionthatIfeelneedstobeaddressedandcorrectedbyactionof

theMayorandCityCouncil.IntheenditwillmostlikelyrequireanOrdinancetomakethe

correction.Theissuedealswiththeenforcementdates(orshouldIsay"timeframes)forpaid

parkingattheCaleMachinelocations.PleasekeepinmindthattheCaleMachinelocationsinclude

allcurrentpaidstreetparkingandparkinglots,excepttheInletLot.

InanefforttosupportwhatIamabouttodiscussIhaveattachedthefollowingdocuments:

(1) Resolution201021: ThisResolutionwaspassedinanefforttomakeALLpaidparkinglocations"nondatesensitive". HistoricallywewouldcommencepaidparkingonApril01of

eachyearandremoveitinOctober. DuetothespecificdateofEasterWeekendfluctuating

annually,andwiththeadditionofmoreandmoreSpecialEventsinthefallleadinginto

October,theCouncilpassedthisResolutiontoremovespecificdatesandtoestablishthe

enforcementdatesaround"specificweekends".Thisallowedustheabilitytomaximizeour

potentialrevenues.

(2) Ordinance20125: TheintentofthisOrdinancewastocreateasituationinwhichtheCaleMachineswouldnotbeineffectduringcertainweekdaysduringourshoulderseasonsto

enhance

the

attractiveness

of

visitors

into

the

downtown

area

without

having

to

pay

to

park.

Unfortunately,itappearsthatwhenOrdinance20125waspassedthehistoricalconceptof

installationandenforcementbecame"datesensitive"again.KeepinginmindthatalltheCale

MachinesareinstalledattheexactsametimetheInletLotgoesintooperation,itismyopinionthat

Ordinance20125needstobeamendedbydeletingthespecificdatesthataredenoted(suchas

April1,May24,May25,September3,September4,andOctober14)andmodifiedtousewording

thatmirrorsResolution201021asitpertainstothecommencementandconclusiontimeframesfor

theseasonwithadditionallanguagefortheshoulderseasondatessuchas"theFridayofMemorial

DayweekendthrutheMondayofLaborDayweekend".

Iwill

be

in

attendance

at

the

Work

Session

on

November

13

to

discuss

the

desired

revisions.

Cc: GuyAyres,CitySolicitor

JimParsons,ChiefDeputyPublicWorksDirector

RichardMalone,DeputyPublicWorksDirector

BernadetteDipino,PoliceChief

KellyAllmond,CityClerk

GlennIrwin,ExecutiveDirector,OCDC


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First Reading _______________________Second Reading _____________________

ORDINANCE 2012-

AN ORDINANCE ESTABLISHING PARKING RATESPURSUANT TO SECTION C-414(45) OF THE

CHARTER OF THE TOWN OF OCEAN CITY, MARYLAND

NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE MAYOR AND CITYCOUNCIL OF OCEAN CITY THAT PURSUANT TO SECTION C-414(45) OF THE CHARTER OFTHE TOWN OF OCEAN CITY, MARYLAND, THAT PARKING RATES FOR ALL PARKINGSPACES WITH CALE MACHINE PARKING ARE AS FOLLOWS:

A. $1.50 per hour on Friday, Saturday and Sunday starting the first Saturday in April or GoodFriday, whichever occurs first, through the Sunday prior to Memorial Day weekend, except that saidcharge shall also be in effect on the Thursday before each weekend of Springfest and Car Cruizing, withall other days in said time period without charge.

B. $1.50 per hour from the Friday of Memorial Day weekend through Labor Day.

C. $1.50 per hour on Friday, Saturday and Sunday from the Friday after Labor Day through thethird Sunday of October, except that said charge shall also be in effect on Thursday before eachweekend of Bike Week, Sunfest and Car Cruizing, with all other days in said time period withoutcharge.

D. During the dates parking charges are in effect, the times the charges are effective are asfollows:

1. Municipal lots - 24 hours per day.2. Street parking - 7a.m. until 12 midnight.

INTRODUCED at a meeting of the City Council of Ocean City, Maryland held on November19, 2012.

ADOPTED AND PASSED by the required vote of the elected membership of the City Counciland approved by the Mayor at its meeting held on December 3, 2012.

ATTEST:

November 13 2012 Complete Agenda

Documents

Transcript of November 13 2012 Complete Agenda