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 Personnel Matters 1. Report on Closed Session Tuesday, November 13, 2012 11:00 a.m. Legal and Personnel Matters 2. Bid Opening A. Medical Supplies B. Wastewater Clarigester Project 3. Bid Award Recommendation for the Caroline Station Demolition Presented by: Terence McGean, City Engineer 4. Bid Award Recommendation for the Caroline Street Comfort Station and Stage Construction Presented by: Terence McGean, City Engineer 5. Quarterly Fire/EMS Report Presented by: Fire Chief Chris Larmore 6. Request to Sole Source Purchase a Paramedic Unit Presented by: Fire Chief Chris Larmore 7. Update on Founders Entertainment Music Festival Presented by: Tom Russell, Founders Entertainment 8. Maryland State Highway Administration Fall Meeting Presented by: Donnie Drewer, District Engineer 9. Request to Purchase a Ground Penetrating Radar Device Presented by: Hal Adkins, Public Works Director 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 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 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

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

NOTICE OF CLOSED SESSION OF MAYOR & CITY COUNCIL OF OCEAN CITY Monday, November 13, 2012 11:00 a.m. City Hall Legal and Personnel Matters UNANIMOUS OTHER: FOR: AGAINST: ABSTAIN: ABSENT: from vote only: 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 is not 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; 7. Consult with counsel to obtain legal advice; 8. Consult with staff, consultants or other individuals about pending or potential litigations; 9. Conduct collective bargaining negotiations or consider matters that relate to the negotiations; 10. Discuss public security if the public body determines that public discussion would 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 imposed requirement 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 discussion or disclosure would adversely impact the ability of the public body to participate in the competitive bidding or proposal process DATE AND TIME: PLACE: SUBJECT: VOTE:

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 Meehan City Manager David Recor Council President Lloyd Martin Council Secretary Mary Knight Council Members Doug Cymek; Mary Knight; Margaret Pillas; Brent Ashley; Dennis Dare and Joe Mitrecic City Solicitor Guy Ayres Executive Office Associate Diana Chavis Action(s) taken: Motion to close meeting:

H:\Wpdoc\closedsess.wpd

WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, NOVEMBER 13, 2012 2 Bid Opening A. Medical Supplies

2013 MEDICAL SUPPLY VENDORS Alliance Medical 4715 Scruggs Station Road Jefferson City, MO 65109 Amerishochi Inc 7923 Munson Road Mentor, OH 44060 Bound Tree Medical PO Box 8023 Dublin, OH 43016 Laerdal Medical Corp 167 Myers Corners Road Wappingers Falls, NY 12590 MES-Maryland 11 E. Chestnut Street Delmar, MD 21875 sjohnson@mesfire.com Midwest Medical Supply 13400 Lakefront Drive Earth City, MO 63045 Moore Medical 1690 New Britain Ave. Farmington, CT 06032 PMI Supply Inc 2460 Ash Street Vista, CA 92081 Pharm-Aid, Inc 3634 Ocean Ranch Blvd. Oceanside, CA 92056 info@Pharmaidservices.com QuadMed, Inc 11210-1 Philips Industrial Blvd. Jacksonville, FL 32256 aaron@quadmed.com Henry Schein Inc 135 Duryea Road M495 Melville, NY 11747 Southeastern Emergency Equipment POB 1097 Wake Forest, NC 27596

Office of the City Manager P. O. Box 158 Ocean City, MD 21842 BID FORM PAGE ONE RE: Medical Supplies

If promised delivery is not met, the Mayor and City Council reserves the right not to honor the bid and contract. In order to be considered, no deviation or modification from the attached specification will be allowed. In the event a different bid form is used, the bid will not be considered. It is not the intent of the Town of Ocean City to disqualify a bidder if they do not meet every bid line item specification. All bids will be reviewed for their own 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 be considered. Faxed bids are not allowed and will not be considered a valid proposal. Mailed bids should be addressed to the City Managers Office, 301 Baltimore Avenue, Ocean City, Maryland 21842 and marked prominently on the front of the envelope SEALED BID: MEDICAL SUPPLIES The bids will be acknowledged by the Mayor and City Council at their regular Work Session Tuesday, November 13th, 2012 at 1:00 P.M. at City Hall, 301 Baltimore Avenue, Council Chambers, Ocean City, Maryland. Following staff review 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: ___________________

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

BID FORM PAGE TWO RE: MEDICAL SUPPLIES

Company Name: Address: Phone: Fax No. Note 1. Officer Name: Title: Signature: Date: Note 2. This bid form must be signed by an officer of your company or an authorized agent for this proposal to be considered valid by the Mayor and City Council of Ocean City, Maryland.

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

WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, NOVEMBER 13, 2012 2. Bid Opening B. Wastewater Clarigester Project

Wastewater Treatment Plant- Clarigester Sludge Pumping Upgrades Bid

CONTRACTORS

Base Bid = Part A + Part B

Bering Construction George & Lynch, Inc. Harkins Contracting, Inc.

Johnston Construction

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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 Pumping Station Upgrades at the Town of Ocean City Wastewater Treatment Plant, Contract No. WR/OC-183 will 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, 2012 until 11:00 a.m., local time. The bids will be publicly opened and read aloud on the same date at 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 major equipment 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. 410-2353450. 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 - 1

October 2012

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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 and the 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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00020 - 2

October 2012

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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 FORM FOR 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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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.

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TABLE OF CONTENTS Page Article 1 Bid Recipient ...................................................................................................................................................................... 1 Article 2 Article 3 Article 4 ............................................................................................................................................. 1 s Representations.................................................................................................................................................... 1 ......................................................................................................................................................... 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

EJCDC C-410 Suggested Bid Form for Construction Contracts Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. N:\14227-000\Engineering\Specs\Div 00\05-00410.doc October 2012 00410-iii

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ARTICLE 1 BID RECIPIENT 1.01 This Bid is submitted to: THE MAYOR AND CITY COUNCIL OF OCEAN CITY, MARYLAND c/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 in the 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 and conditions of the Bidding Documents. MENTS

ARTICLE 2 2.01

Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing 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. IONS

ARTICLE 3 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 Site conditions 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, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures 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 contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding 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, and performance 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) safety precautions and programs.
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F.

Based on the information and observations referred to in Paragraph 3.01.E above, Bidder does not consider 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 relates to the Work as indicated in the Bidding Documents. H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has 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 and conditions for the performance of the Work for which this Bid is submitted. ON

ARTICLE 4 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; and D. 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. 2. c , or soliciting of any thing of value likely to influence the action of a public official in the bidding process; n intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; c Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and c property to influence their participation in the bidding process or affect the execution of the Contract.

3.

4.

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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. PART A A-1 Item LUMP SUM ITEMS LS --$_________ Unit Quantity Unit Price Total

North Clarigester and Primary Sludge Pumping Station Upgrades as required by the Contract Documents all complete and in place LUMP SUM ITEMS

TOTAL FOR PART A

$_________ CY CY CY CY CY SY CY CY 10 10 10 10 10 20 10 10 $_________ $_________ $_________ $_________ $_________ $_________ $_________ $_________ $_________ $_________ $_________ $_________ $_________ $_________ $_________ $_________

PART B CONTINGENT UNIT PRICE ITEMS B-1 Contingent Test Pits B-2 B-3 B-4 B-5 B-6 B-7 B-8 Contingent Unclassified Excavation Contingent Borrow Material, A-1, A-2-4, A-2-6 or A-3 Contingent DG Aggregate, MDSHA CR-6 or GAB Contingent OGC Aggregate, MDSHA No. 57 Aggregate Contingent Geotextile Furnishing and Placing Contingent 2,500 psi Concrete Furnishing and Placing Contingent Structural Concrete Furnishing and Placing Contingent Steel for Concrete Reinforcement CONTINGENT UNIT PRICE ITEMS

B-9

TON

$_________

$_________

Total for Part B PART C C-1

$_________

ALTERNATE ADDITIVE ITEMS LS --$_________

South Clarigester Upgrades as required by the Contract Documents all complete and in place

TOTAL FOR PART C

ALTERNATE ADDITIVE ITEMS

$_________

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Unit prices have been computed in accordance with Paragraph 11.03.B of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison 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 of Parts 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 Specifications thereof 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 payment in 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. Bidder accepts the provisions of the Agreement as to liquidated damages.

6.02

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, the General 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)

Name (typed or printed): A Corporation Corporation Name: State of Incorporation: Type (General Business, Professional, Service, Limited Liability):_______ By: (Signature -- attach evidence of authority to sign) (SEAL)

Name (typed or printed): Title: Attest Date of Qualification to do business in Maryland is ____/____/____. A Joint Venture Name of Joint Venture: First Joint Venturer Name: By: (SEAL) (CORPORATE SEAL)

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

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Name (typed or printed): Title: Second Joint Venturer Name: By: (SEAL)

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

Name (typed or printed): Title: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation 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 State Contractor License No. _______ , 20____. . [If applicable]

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WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, NOVEMBER 13, 2012 3 Bid Award Recommendation for the Caroline Station Demolition Presented by: Terence McGean, City Engineer

TOWN OF

The White Marlin Capital of the World

Agenda Item # Council Meeting 3 Nov 13, 2012

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Terence J McGean, PE, City Engineer Caroline Street Comfort Station Demolition Bid Award Nov 6, 2012 Caroline St. Comfort Station and Stage Project 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 on November 2, 2012. Staff recommends award to the apparent low bidder, Strawbridge Contracting for the amount of $12,550. This is within the staff estimate of $20,000. $1,000,000 total construction budget funded from 2012 bond Award the contract for the demolition of the existing Caroline St. Comfort Station to Strawbridge Contracting for $12,550 Re-bid which will delay the project Terrance McGean, City Engineer None Memo

ISSUE(S): SUMMARY:

FISCAL IMPACT: RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT(S):

INTEROFFICE MEMORANDUM

TO: FROM: SUBJECT: DATE: CC:

DAVID RECOR TERENCE MCGEAN CAROLINE STREET DEMOLITION BID AWARD 11/6/2012 DIANA CHAVIS

Bids for the demolition of the existing Caroline Street Comfort Station were opened at the Engineering Department on Friday, November 2, 2012. I am recommending award to the apparent low bidder, Strawbridge Contractors for the amount of $12,550 per the below bid tabulation. CarolineStreetDemolitionContract Bidder StrawbridgeContractorsInc RehaksContracting BennettConstruction AbsoluteDemolition StaffEstimate Amount $12,550.00 $18,000.00 $18,880.00 $18,922.00 $20,000.00 Bond yes yes yes yes na

WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, NOVEMBER 13, 2012 4 Bid Award Recommendation for the Caroline Street Station and Stage Construction Presented by: Terence McGean, City Engineer

TOWN OF

The White Marlin Capital of the World

Agenda Item # Council Meeting 4 Nov 13, 2012

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Terence J. McGean, PE City Engineer Caroline Street Station & Stage Construction Bid Award November 6, 2012 Caroline Street Comfort Station & Stage Project Bids for the general construction contract for the Caroline Street Comfort Station and Stage were opened by the Mayor and Council at the November 5, 2012 Meeting. Staff recommends award to the apparent low bidder, Black Diamond Builders for $938,750. This is within the staff estimate of $950,000. $1,000,000 total construction budget funded from 2012 bond Award the contract for construction of Caroline Street Station to Black Diamond Builders Re-bid the project resulting in a delay Terrance McGean, City Engineer None Memo

ISSUE(S): SUMMARY:

FISCAL IMPACT: RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT(S):

INTEROFFICE MEMORANDUM

TO: FROM: SUBJECT: DATE: CC:

DAVID RECOR TERENCE MCGEAN CAROLINE ST STATION AND STAGE CONSTRUCTION BID AWARD 11/6/2012

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

Bidder BlackDiamondBuilders NasonConstruction GillisGilkerson HarkinsContracting RBCI StaffEstimate

Amount $938,750.00 $1,175,800.00 $1,261,550.00 $1,378,200.00 $1,456,637.00 $950,000.00

Bond yes yes yes yes yes na

Addend yes yes yes yes yes na

WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, NOVEMBER 13, 2012 5 Quarterly Fire/EMS Report Presented by: Fire Chief Chris Larmore

TOWN OF

The White Marlin Capital of the World

Agenda Item # Council Meeting 5 11-13-2012

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Chief Chris Larmore Quarterly Fire/EMS Report October 23, 2012 Quarterly Fire/EMS report to the Mayor and Council Review of summer season and presentation of off-season initiatives None None None Ocean City Fire Department Chief Chris Larmore Deputy Chief David Hartley (FMO) Deputy Chief Chuck Barton (Fire/EMS) Deputy Chief Robert Duke (OCVFC) Topics Outline

ISSUE(S): SUMMARY: FISCAL IMPACT: RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH:

ATTACHMENT(S):

Ocean City Fire Department M&CC Quarterly Update

October 30, 2012
Buildings Funding Spring 2012 Station 4 rebuild Headquarters renovation Fireboat Status of build Location 13th Street Boat Lift Officer Development Training Standards/Expectations of Officers Officers expectations of the Department Live-In Program Strong support Response times Station4 Captains Promotional Process 4 out 5 Captains qualify to retire in the next 3 years Individuals Outside Evaluators Storm Plan Completed after last years hurricane (updated) Provides for a written 96-hour preplan (updated) Focus on all our Members and families Summer 2012 Call Volume Summary (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)

WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, NOVEMBER 13, 2012

6 Request to Sole Source Purchase a Paramedic Unit Presented by: Fire Chief Chris Larmore

25166

TOWN OF

The White Marlin Capital of the World

Agenda Item # Council Meeting 6 November 13, 2012

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Chris Larmore, Fire Chief Replacement Paramedic Unit October 12, 2012 Purchase of a Model Year 2013 International/Horton Paramedic Unit 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 emergency equipment within the current fleet. The service center will benefit as well by keeping the same chassis and power train set up as our current fleet. The unit is on the HGAC contract, which FESCO Emergency Sales has access to, and is willing to extend pricing to the City.

ISSUE(S):

SUMMARY:

FISCAL IMPACT:

Estimated $248,000 in the Vehicle Trust Fund. The Paramedic Unit will cost $250,515. Approve the sole source purchase. Proceed with request for proposals. Chris Larmore, Fire Chief Chris Shaffer Assistant Fire Chief David L. Recor, ICMA-CM, City Manager Jennie Knapp, Budget Manager 1) 2) Bid Proposal FESCO Emergency Sales HGAC Buy Cooperative Purchasing information

RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH:

ATTACHMENTS:

Ocean City Fire Department Memorandum

To: From: Date: Re: Chief Larmore Asst. Chief Shaffer October 11, 2012 Replacement Medic Unit

Chief Larmore, I am recommending the purchase of a replacement Medic unit from Fesco Emergency 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 cooperative purchasing agreement AM04-10 dtd 01/17/11. The Fire/EMS division currently operates a fleet of Horton/International units. I am recommending the division stay with the same manufacturers for consistency and ease of operation between units. This is a current budgeted item at $248,000.00.The price is $250,515.00. The difference in cost was discussed with Budget Manager Knapp earlier this month. She will find the additional money to fund the purchase.

WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, NOVEMBER 13, 2012 7 Update on Founders Entertainment Music Festival Presented by: Tom Russell, Founders Entertainment

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Agenda Item # 7 Council Meeting November 13, 2012

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Lisa Mitchell, Private Events Coordinator Founders Entertainment Concert Update October 25, 2012 An update on Founders Entertainment High Tide Music Festival scheduled to take place on the beach the weekend of June 1-2, 2013. Founders Entertainment is providing a production update for the concert 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 Saturday and to extend Sunday hours to 10:30 p.m.

ISSUE(S):

SUMMARY:

FISCAL IMPACT:

Founders Entertainment is estimating a 20 million dollar economic impact to Ocean City. Staff has no concerns with adding Friday to the events time frame, as long as no additional set-up time is needed. Staff refers to the Mayor and Council for the consideration of extending the hours of operation.

RECOMMENDATION:

ALTERNATIVES:

Keep original event dates of Saturday and Sunday only and retain originally proposed hours of operation. John Sullivan, Special Events Director Lisa Mitchell, Private Events Coordinator Appropriate staff, including Special Events, Public Works, Beach Patrol, and Police Founders Entertainment Power Point Presentation

RESPONSIBLE STAFF: COORDINATED WITH:

ATTACHMENT(S):

Table of Contents
Event Overview & Updates Event Layout & Location Benefits for the Town of Ocean City Economic Impact Marketing & PR

Town Involvement & Impact Our Team (Founders & Starr Hill)

Event Overview & Updates

A 2-Stage music festival set on Ocean Citys beautiful beach Event Dates: Site Capacity: Est. Attendance: May 31st June 2nd 2013 * 35,000 per day 20,000-25,000 per day 5/31: 3pm11pm, 6/1: 1pm-11pm, 6/2: 1pm

Event Hours: 10:30pm

Art, Craft Vendors, Sponsor Activations, and food & beverage concessions to compliment the music The programming format of the festival has changed from a rock and roll event to a country music event Target talent for the festival include nationally recognized Country acts who typically play arenas and other large scale venues

Layout & Location

The current proposed layout of the festival spans from Dorchester Street to N. 1st Street (this is 32% smaller than the previously proposed event layout) The events perimeter fence will be approximately 70 feet off of the boardwalk, per the city ordinance The events main entrance and exit is currently placed on the north side of the event site, allowing ample room for cueing lines There will be easy access to the beach via Dorchester Street for beach patrol and other safety personnel See detailed site map on next page for additional info on layout and location

Town Involvement & Impact

Load-in for the event will begin on Monday May 27th at approximately 3pm, and we are seeking permission to drop some matting down on Sunday evening All event elements and equipment will be brought in via Dorchester Street, and we would like to discuss if Division Street is possible as well Due to the tight timeline, we are looking at building many parts of the site overnight. A draft of our build schedule can be seen at the end of this packet We are working closely with city personnel to ensure that overnight builds have as little impact as possible (e.g. Turning off reverse beepers) We are talking with the Worcester Alcohol Department and will follow all guidelines necessary in order to sell beer and wine at the event We have had detailed meetings with the Special Events department, Public Works, Police and other authorities to discuss/review the above

Benefits to Ocean City

Short Term Economic Impact $20MM* estimated economic impact on Ocean City
*This estimate is based upon economic impact studies on similar festivals around the country

The weekend after Memorial Day has been historically light, and this event will drive hotel, motel, and condo rentals, as well as local commerce Festival promoter to reimburse Ocean City for mutually agreed upon city services used Long Term Economic Impact Goal is to create an annual event that has a significant economic impact on Ocean City and its businesses Festival will attract new visitors and introduce them to Ocean City, MD Event will showcase Ocean City as a premier event and musical festival venue

Benefits to Ocean City

Marketing & PR Ocean City to be heavily featured on event website & all marketing materials Strategic marketing plan to have regional focus but national reach Marketing Plan to include online, radio, billboards, and print, and we will work closely with Tourism to coordinate efforts and maximize exposure Event PR team will work with local media outlets (e.g. Print, TV, Blogs, etc.) for event coverage and features Event marketing & PR will result in millions of impressions and expose Ocean City to a national audience

Our Team
Founders Entertainment Founders Entertainment is a partnership run by experienced music industry personnel who have managed and booked some of the biggest live music events in the United States. With a massive network of event coordinators and managers, as well as a full understanding of large scale event operations and safety, the Founders team puts on first class events that are catered toward its attendees. Events the Founders team has worked include The Governors Ball Music Festival, Bonnaroo Music & Arts Festival, Life is Good. Festival, & more. Starr Hill Presents Starr Hill Presents: Starr Hill Presents is a division of Red Light Management the countries largest privately owned artist management company. RLM / Starr Hill Presents owns, operates and invests in this countrys largest and most successful music festivals, including Bonnaroo Music and Arts Festival, Outside Lands Music Food Wine Beer Art Festival, Dave Matthews Band Caravan, Phish Festivals and the Free Press of Houston Festival.

WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, NOVEMBER 13, 2012 8 Maryland State Highway Administration Fall Meeting Presented by: Donnie Drewer, District Engineer

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The White Marlin Capital of the World

Agenda Item # Council Meeting 8 Nov 13, 2012

TO: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Maryland State Highway Administration Fall Meeting November 7, 2012 Bi-annual meeting with the Maryland State Highway Administration (SHA) Representatives from the SHA will discuss potential safety strategies identified in recent pedestrian safety studies. Not specified Refer to Mayor and Council N/A

ISSUE(S):

SUMMARY:

FISCAL IMPACT: RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT(S):

Ocean City Pedestrian Safety Committee SHA Discussion Outline

MarylandStateHighwayAdministrationFallMeeting MayorandCouncilofOceanCity November13,2012 Agenda: I. Introductions II. Discussionofpotentialsafetystrategiesidentifiedinrecentpedestriansafetystudies thatmaybeimplemented Public/MediaOutreach EnforcementandEducation PossibleEngineeringSolutions 1. PhysicalBarriersalongmedian 2. SignalTimingchangesforbothpedestriansandvehiculartraffic. 3. RoadDiet(reductionoftravellanesbetween41Stand59thStreet).Thiswill includewidersidewalksanddedicatedbikelanesalongthiscorridor 4. Additionofpedestriansignalsatthreekeylocationsbetween A. Between52ndand56thStreet 5. RelocationofBusStops 6. Reductioninspeedlimit 7. Removalofmidblockmediancutthroughlocations 8. Installationofsidewalkandcurbmarkings 9. InstallPedestrianbumpoutsonMD378between9thStreetand15thStreet

WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, NOVEMBER 13, 2012 9 Request to Purchase a Ground Penetrating Radar Device Presented by: Hal Adkins, Public Works Director

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Agenda Item # Council Meeting 9 Nov. 13, 2012

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Hal O. Adkins, Public Works Director Request to Purchase Ground Penetrating Radar Device November 6, 2012 Request Permission to Purchase Ground Penetrating Radar Device for Utility Locates In an effort to improve the accuracy of our locate markings in the field, we desire to purchase a radar device $24,444.00 from the Wastewater Enterprise Fund Proceed with the Enterprise conclude the purchase Fund Funding allocation and

ISSUE(S):

SUMMARY:

FISCAL IMPACT: RECOMMENDATION:

ALTERNATIVES:

Continue with marking locates via historical maps and continue facing utility damage due to inaccuracy of markings Hal O. Adkins, Public Works Director Jennie Knapp, Budget Manager Dean Dashiell, Senior Project Manager 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, 2012 4) Product literature

RESPONSIBLE STAFF: COORDINATED WITH:

ATTACHMENT(S):

 To: DavidL.Recor,ICMACM,CityManager From: HalO.Adkins,PublicWorksDirector Re: RequesttoPurchase"GroundPenetratingRadarDevice WaterandWastewaterUtilityLocates Date: November06,2012 InanefforttoadvanceourcapabilitiestocompleteaccurateundergroundservicelinelocatingI aminneedofpurchasingadeviceknownas"GroundPenetratingRadar".Inrealitysucha devicehasbeeninusebyothermunicipalitiesformanyyears.Wehavenothadtheneedto advancetothatlevelofaccuracy"untilrecently".Nowletmeexplainthe"untilrecently". DelmarvaPowerisunderwaywithmassiveinvestmentsinOceanCitywithupgradestotheir undergroundcabling.AlargeefforthasrecentlystartedinthesouthernsectionofCaineWoods 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 lateralsrunintothelotsinamannerperpendiculartothe"main"inthestreet,butthatisnot alwaysthecase.Inmanylocationswehavefoundthatthedeveloperranthematdiagonals.This inandofitselfpresentsamajorproblemwhentryingtoaccuratelyindicatewherealinemaybe located(keepinmindmostoftheselinesrangefrom2inchesorsmallerindiameter). Inanefforttoavoidcontinualdamagetoourlaterals,duetoinaccuratelocatemarkings,we needtoadvanceourselvesbyemployingtheuseofradarequipment.InsupportofthisrequestI haveattachedthefollowingdocuments: (1) AquotefromDitchWitchofVirginiaintheamountof$24,444.00forthedevicewewish topurchaseand (2) AcopyofaPOissuedbyChesterfieldCountyVAforthesamedeviceatthesameprice. WewishtopiggybackoffthisContractandDitchWitchiswillingtoallowustodosoand (3) Literatureontheactualdevice

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,PublicWorksConstructionManager

WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, NOVEMBER 13, 2012 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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Agenda Item # Council Meeting 10 Nov. 13, 2012

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Hal O. Adkins, Public Works Director Baltimore Avenue Right of Way Platting Request for Capital Funding Reallocation Completion of Effort from: South 1st Street to South Division Street November 06, 2012 Baltimore Avenue Right of Way Platting: Request for Capital Funding Reallocation to Complete the Study Requesting permission to survey and plat the section of Baltimore Avenue between South Division and South 1st Street Reallocation of $7,000.00 in existing Capital Funds Provide approval to reallocate the funding and complete the effort Do nothing and undocumented leave this portion of our right of way

ISSUE(S): SUMMARY: FISCAL IMPACT: RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH:

Hal O. Adkins, Public Works Director Terry McGean, City Engineer Russell Jones, City Surveyor Greg King, V.P., Whitman, Requardt and Associates Memo authored by Hal Adkins dated November 6, 2012

ATTACHMENT(S):

To: DavidL.Recor,ICMACM,CityManager From: HalO.Adkins,PublicWorksDirector Re: BaltimoreAveRightOfWayPlatting RequestforCapitalFundingReallocation CompletionofEffortfrom:South1stStreettoSouthDivisionStreet Date: November06,2012 Overthelastyearorsowehavecompletedextensiveresearchontheoriginalplattingofthe BaltimoreAvecorridorfromNorthDivisionto15thStreet.Thisprojectwascompletedinaneffortto establishtheactualrightofwaylinesoftheplattedroadfromthe1800's,uncovertheoriginal propertymarkersfortheadjoininglandowners,identifythespecificlocationoftheunimproved portionsoftherightofwayandtorecord(asapointinhistory)anyandallencroachmentsthatexist intherightofway.Thatentireefforthasbeencompleted. IwouldnowlikepermissiontocompleteonefinalissuepertainingtotheoverallBaltimoreAveright ofway.Inmyuseoftheword"overall"IammeaningthebalanceoftheroadfromSouthFirstStreet (attheInletSeawall)northtoNorthDivision.WhenwereconstructedBaltimoreAvefromSouthFirst StreettoNorthDivisionStreetinthefallof1991,weinstalledthenewsidewalkstocoincidewiththe actualrightofwaylinefromSouthDivisionStreettoNorthDivision.WedidnotdosofromSouth DivisionStreetsouthbeingwewerenotawareoftheexactrightofwaylineandwhatlevelof encroachmentsthatexisted.ItshouldbenotedthatthelowersectionofTownwasactuallyplattedat threedifferentpointsinhistory.OnelandplataddressedtheoriginalsectionofOceanCityfrom SouthDivisiontoNorthDivision,oneaddressedtheareafromNorthDivisionheadingnorthanda separatePlataddressedtheareaofSouthDivisionheadingsouthintowhatwasthenknownasSouth 1st,2nd,3rd,4th,etcthatleadtotheoldFishCampsthatwerelocatedwherethenorthtipof AssateagueandtheInletresidetoday.ItisthesectionbetweenSouthDivisionStandSouth1stStreet ofthesouthernmostplatthatIwishpermissiontocompletetherightofwayresearchon. TocompletethisfinaleffortIneedtoreallocatesomeexistingCapitalFundsthatwereusedtofunda "stormdrainretrofit"programbackin2005and2006.ThateffortiscompleteandtheCapital Accounthasaresidualof$20,946.00.Iwouldlikepermissiontoreallocatethatfundingasfollows: (1) BaltimoreAveRightOfWayCapitalAccount(BALTRT):$7,000.00.Thesefundswillallowme tocompletetheresearchandplattingofthefinalareainquestionthatresidesbetweenSouth 1stStreetandthenorthsideofSouthDivisionStreetalongBaltimoreAve. (2) UndergroundUtilityCapitalAccount(UNDRGR):$13,946.00.Thisaccountcurrentlyhasa balanceof$2,244.00.Byplacingthesefundsintheaccountitwillallowmeaverysmall amountofoperatingfundstoaddressminorundergroundutilityissuesthatwetypicallyface whencompletingourstreetimprovementefforts,citywide. IwillbeinattendanceattheWorkSessiononNovember13,2012todiscussthisrequest. cc: JimParsons,ChiefDeputyPublicWorksDirector TerryMcGean,CityEngineer RussellJones,CitySurveyor

WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, NOVEMBER 13, 2012 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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Agenda Item # Council Meeting 11 11/13/2012

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Jaime Giandomenico, Airport Manager Ocean City Municipal Airport Lease Renewal Express Rent-A-Car of Ocean City, Inc. 10/21/2012 Renewal of Express Rent-A-Cars office Lease at the Ocean City Municipal Airport Historically, Express Rent-A-Car has been the only agent able to meet the Towns requirements for service and year-round staffing of rental car counter in the Airport Terminal. Express Rent-A-Cars existing terms: $984.50 total monthly rent. Renew Express Rent-A-Cars Terminal space Lease on existing Terms, for a three-year period. An RFP process would be redundant. Express Rent-A-Car of Ocean City, Inc. has been the only firm who has been able to meet the Towns requirements. Jaime Giandomenico, Airport Manager Guy Ayres, City Solicitor Hal O. Adkins, Public Works Director Draft Lease Agreement

ISSUE(S): SUMMARY:

FISCAL IMPACT: RECOMMENDATION: ALTERNATIVES:

RESPONSIBLE STAFF: COORDINATED WITH: ATTACHMENT(S):

LEASE This Indenture of Lease, made and entered into this 1st day of November 2012 by and between the Mayor and City Council of Ocean City, a Maryland municipal corporation, having its principal offices 3rd Street and Baltimore Avenue, Ocean City, Maryland 21842 (hereinafter referred to as the Lessor) and Express-Rent-A-Car of Ocean City, Inc. having its principal office at 12724 Airport Road, Berlin, Maryland 21811 (hereinafter referred to as the Lessee.). WHEREAS, the Lessor owns and operates the Ocean City Municipal Airport located off Maryland Route 611 and Ocean City Airport Road, Worcester County, Maryland, and in connection therewith operates a Terminal building and office space and; WHEREAS, the Lessee will provide automobile rental services at the airport as an integral part of the necessary accommodations for ground transportation provided for pilots and passengers arriving at and departing from the airport and the promotion and development of air commerce and air transportation services into and at of Ocean City; and WHEREAS, the Lessee desires to lease said property for the purpose of providing rental car services available at the airport, is qualified to do so, and has the capability for performing such services, and to equip said facilities for use in connection therewith, and obtain certain rights and privileges with respect to the operation of an automobile rental agency at said 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 set forth. Lessor hereby grants to the Lessee the rights and privileges hereinafter 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, including the parking of automobiles and routine cleaning of the rental fleet. The conduct of said business shall be at such location, from time to time,

designated by the Lessor, and shall have thirteen (13) designated parking spaces in the parking lot on the northeast side of the terminal building. The spots 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 be leased from the Town of Ocean City at a rate of $12.00 per space per year for each space needed to accommodate the Lessees fleet. Further, it is the responsibility of the lessee to mark all assigned and/or leases spaces with appropriate signage as well as all vehicles within the fleet. The Lessees vehicles should all be marked on the lower left corner (drivers side) of the windshield with a small decal identifying the vehicle as belonging to the Lessee. 2. Purpose: Lessee has hereby been granted the right to use the premises of the Lessor for the purposes of operating a rental car agency. However, Lessee acknowledges the right of other national automobile rental agencies to pick-up or drop off customers on the Lessors property. Further, it is acknowledged by both parties that the Lessor shall not permit other automobile rental firms to perform any portion of a rental contract or agreement, including the staging or drop-off of cars, on Airport property unless said automobile rental firm is also a Lessee at the Ocean City Municipal Airport. Further, the Lessor acknowledges their duty to ensure that any other automobile rental agency expressing an interest in operating at Ocean City Municipal Airport must meet all the terms and conditions as contained in this lease. 3. Term: The term of this Lease shall be for a period of three (3) years commencing 1 November 2012, and terminating 31 October 2015 unless terminated sooner by mutual agreement of both parties. 4. Rent: From and after 1 November 2012, the Lessee agrees to pay the sum of Nine hundred and Eighty Four dollars and Fifty cents (984.50) per month 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 spot over and above the 13 assigned, nor does it cover advertising on the sign along Rte 611. 5. Improvement and Alterations: The Lessee may install fixtures therein at its own expense, but not until receiving the permission of the Public Works Director, or the Airport Manager. The Lessee will not permit any lien to

become attached to or foreclosed upon the leased premises on the improvements thereto or thereon by reason of work or labor performed or materials furnished. All fixtures machinery and equipment installed by the Lessee shall remain the property of the Lessee. At the termination of this lease, the Lessee shall remove its fixtures, machinery, and equipment and shall 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 said fixtures, machinery and equipment on or prior to the termination of this Lease, it may thereafter be removed by the Lessor at the Lessees expense or may be retained by the Lessor as liquidated damages for breach of the covenant to remove. 6. Utilities and Maintenance: The Lessee agrees, at its own expense, to cause the leased premises, and its improvements and appurtenances thereto, to be maintained in a presentable manner and in presentable condition consistent with good business practices and equal in appearance and character to other similar improvements on said Ocean City Municipal Airport terminal. Lessor will make available utilities, and the Lessee may make connection thereof, at the closest point where a proper connection point exists at the time and date of this Lease. The Lessor will not charge for the privilege of making connections. It is understood that the Lessor will not bring utilities to the demised premises and that such work will be done by the Lessee at its own expense. Utilities provided by the Lessor shall include the use of sewer, water, electric, and waste removal. Additionally, the Lessor shall cause the common areas in and around the demised premises to be cleaned. The Lessee shall pay for the connection to and total cost of connection desired for telephone, television and/or internet service they desire within the leased premises. The Lessee shall be responsible for all initial connection charges and services fees. 7. Quiet Enjoyment: That, on payment of the rents and performance of the covenants and adjustments on the part of the Lessee to be paid and performed hereunder, the Lessee shall peacefully have and enjoy the leased premises and all the rights, privileges, and appurtenance granted herein. 8. Compliance: The Lessee agrees that in its use, occupancy and improvements of the leased premises it will observe and obey all laws, ordinances or regulations of any governmental authority, including the

Lessor, which is applicable to the Lessees use, occupancy, and improvements of the premises. 9. Staffing: Lessees covenants and agrees to employ sufficient personnel to manage and operate a rental car agency business in the Ocean City Municipal Airport terminal on a year-round basis. Lessees staffing will be required 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 of the Airport. 10 Indemnity and Insurance: The Lessee agrees to defend, indemnify, and hold harmless the Lessor, its officers, agents and employees from and against any and all claims, demands, suits, judgments, costs and expense of any nature which accrue against, be charged to or recovered from the Lessor or its officers, agents and employees resulting from or arising out of the Lessees use or occupancy of the leased premises or other parts of the airport.The Lessee shall, at their own expense, maintain insurance of such type and in such amounts as may be satisfactory to the Lessor, and will deliver to the Lessor certificates or other evidence of such insurance prior to occupying the leased premises. Without limitation of the Lessors right from time to time to specify other and different types, cost liability and other clauses and amounts, the Lessee shall obtain prior to occupancy, a public liability 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 one accident. Additionally, the Lessee shall obtain insurance coverage in the minimum amount of one hundred-thousand dollars($1000,000.) covering property damage claims. The Lessee shall also be required to cover their employees, staff, and/ or agents as may be required by the State of Maryland. 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 on the same terms as use is provided to the public. 12 . Inspection by the Lessor: The Lessor may enter the leased premises at any reasonable time for any purposes necessary incidental to or connected

with the performance of its obligations hereunder, for the purpose of examining 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 its operation, and take out and keep current all licenses, municipal, state, or federal required for the conduct of a rental car operation at and upon the leased premises and shall not allow any of the said taxes, excises, or license fees to become delinquent. The Lessee shall pay promptly when all bills, rental payments, or other debts or obligations incurred by it in connection with its operations or activities on or in the leased premises, and will not permit the same delinquent, and will suffer no lien, mortgage, judgment or execution to be filed against the leased premises or improvements thereon which will in any way impair the rights of the Lessor under the lease. IN WITNESS WHEREOF this lease has been executed as of the day and year 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 City Council of Ocean City, Maryland

WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, NOVEMBER 13, 2012 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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Agenda Item # Council Meeting 12 Nov. 13, 2012

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Hal O. Adkins, Public Works Director Discussion of a Conflict between Resolution 2010-21 and Ordinance 2012-5 Pertaining to Paid Parking Enforcement Dates Nov. 6, 2012 Discussion of a Conflict Between Resolution 2010-21 and Ordinance 2012-5 pertaining to Paid Parking Enforcement Dates There appears to be a conflict between the Ordinance and the Resolution relative to the dates paid parking is currently enforced. 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). Revise, via issuance of a new Ordinance, the time frames that the Cale Machines shall be enforced, per the attached memo. Leave as is and revise the installation and enforcement dates for the Cale Machines in 2013 to match the current Ordinance. Hal O. Adkins, Public Works Director Guy Ayres, City Solicitor Jim Parsons, Chief Deputy Director of Public Works Richard Malone, Deputy Director of Public Works Bernadette DiPino, Police Chief Kelly Allmond, City Clerk 1) Memorandum authored by Hal Adkins dated November 6, 2012 2) Resolution 2010-21 3) Ordinance 2012-5 4) Draft Ordinance

ISSUE(S):

SUMMARY:

FISCAL IMPACT:

RECOMMENDATION:

ALTERNATIVES:

RESPONSIBLE STAFF: COORDINATED WITH:

ATTACHMENT(S):

To: DavidL.Recor,ICMACM,CityManager From: HalO.Adkins,PublicWorksDirector Re: PaidParkingEnforcementDates ConflictBetweenResolution201021andOrdinance20125 Removalof"DateSensitivity" Date: November06,2012 IwishtobringanissuetoyourattentionthatIfeelneedstobeaddressedandcorrectedbyactionof theMayorandCityCouncil.IntheenditwillmostlikelyrequireanOrdinancetomakethe correction.Theissuedealswiththeenforcementdates(orshouldIsay"timeframes)forpaid parkingattheCaleMachinelocations.PleasekeepinmindthattheCaleMachinelocationsinclude allcurrentpaidstreetparkingandparkinglots,excepttheInletLot. InanefforttosupportwhatIamabouttodiscussIhaveattachedthefollowingdocuments: (1) Resolution201021:ThisResolutionwaspassedinanefforttomakeALLpaidparking locations"nondatesensitive".HistoricallywewouldcommencepaidparkingonApril01of eachyearandremoveitinOctober.DuetothespecificdateofEasterWeekendfluctuating annually,andwiththeadditionofmoreandmoreSpecialEventsinthefallleadinginto October,theCouncilpassedthisResolutiontoremovespecificdatesandtoestablishthe enforcementdatesaround"specificweekends".Thisallowedustheabilitytomaximizeour potentialrevenues. (2) Ordinance20125:TheintentofthisOrdinancewastocreateasituationinwhichtheCale Machineswouldnotbeineffectduringcertainweekdaysduringourshoulderseasonsto enhancetheattractivenessofvisitorsintothedowntownareawithouthavingtopayto park. Unfortunately,itappearsthatwhenOrdinance20125waspassedthehistoricalconceptof installationandenforcementbecame"datesensitive"again.KeepinginmindthatalltheCale MachinesareinstalledattheexactsametimetheInletLotgoesintooperation,itismyopinionthat Ordinance20125needstobeamendedbydeletingthespecificdatesthataredenoted(suchas April1,May24,May25,September3,September4,andOctober14)andmodifiedtousewording thatmirrorsResolution201021asitpertainstothecommencementandconclusiontimeframesfor theseasonwithadditionallanguagefortheshoulderseasondatessuchas"theFridayofMemorial DayweekendthrutheMondayofLaborDayweekend". IwillbeinattendanceattheWorkSessiononNovember13todiscussthedesiredrevisions. Cc: GuyAyres,CitySolicitor JimParsons,ChiefDeputyPublicWorksDirector RichardMalone,DeputyPublicWorksDirector BernadetteDipino,PoliceChief KellyAllmond,CityClerk GlennIrwin,ExecutiveDirector,OCDC

First Reading _______________________ Second Reading _____________________ ORDINANCE 2012AN ORDINANCE ESTABLISHING PARKING RATES PURSUANT 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 CITY COUNCIL OF OCEAN CITY THAT PURSUANT TO SECTION C-414(45) OF THE CHARTER OF THE TOWN OF OCEAN CITY, MARYLAND, THAT PARKING RATES FOR ALL PARKING SPACES WITH CALE MACHINE PARKING ARE AS FOLLOWS: A. $1.50 per hour on Friday, Saturday and Sunday starting the first Saturday in April or Good Friday, whichever occurs first, through the Sunday prior to Memorial Day weekend, except that said charge shall also be in effect on the Thursday before each weekend of Springfest and Car Cruizing, with all 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 the third Sunday of October, except that said charge shall also be in effect on Thursday before each weekend of Bike Week, Sunfest and Car Cruizing, with all other days in said time period without charge. D. During the dates parking charges are in effect, the times the charges are effective are as follows: 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 November 19, 2012. ADOPTED AND PASSED by the required vote of the elected membership of the City Council and approved by the Mayor at its meeting held on December 3, 2012. ATTEST: _________________________________ KELLY ALLMOND, Clerk Approved as to Form: _______________________________________ RICHARD W. MEEHAN, Mayor _______________________________________ LLOYD MARTIN, President _______________________________________ MARY P. KNIGHT, Secretary

_________________________________ GUY R. AYRES III, City Solicitor