january 15, 2013 mayor & council agenda packet

7/30/2019 January 15, 2013 Mayor & Council Agenda Packet

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AGENDA

MAYOR AND CITY COUNCIL WORK SESSION

TUESDAY, JANUARY 15, 2013 10:00 A.M.

Closed Session Tuesday, January 15, 2013 10:00 a.m.- 1:00 p.m. Legal, Contractual,

Personnel and Collective Bargaining Matters

1. Report on Closed Session Tuesday, January 15, 2013 10:00 a.m. Legal, Contractual,Personnel and Collective Bargaining Matters

2. Bid OpeningsA. Fire Headquarters Building Design ServicesB. Inlet Parking Lot ControlsC. Inlet and Bayside Boardwalk RepairsD. Lumber for Inlet and Bayside Boardwalk RepairsE. Tandem Axle Tractor

3. Request Permission to Solicit Bids for Grass Mowing ServicesPresented by: Calvin Ginnavan, Parks Superintendent

4. Discussion of Funding for Ornamental Lighting on St. Louis Avenue, 17 th to 10th StreetPresented by: Hal Adkins, Public Works Director

5. Discussion of Expansion of Bus Stop Located on Somerset Street Between BaltimoreAvenue and Philadelphia Avenue

Presented by: Hal Adkins, Public Works Director

6. Permission to Reallocate 2012 Wastewater Bond Funds to a 2010 Wastewater BondedProject


7. Summary of Critical Area Mitigation Program and Request to Transfer Funds for Projectsand InternPresented by: Gail Blazer, Environmental Engineer

8. Discussion of Resident Agent Requirements for Rental License and Noise Control PermitPresented by: Michael Sherman, License Inspector

9. Discussion of Visitor Guide Letter of AgreementPresented by: Donna Abbott, Tourism Director and Melanie Pursel, Chamber of CommerceExecutive Director


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WORK SESSION -MAYOR AND CITY COUNCIL

TUESDAY, JANUARY 15, 2013

1 Report on Closed Session - Tuesday, January 15, 2013

10:00 a.m. 1:00 p.m. Legal, Contractual, Personnel and

Collective Bargaining Matters


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

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

PURPOSES:

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 industrial

organization to locate, expand or locate in the state;

5. Consider the investment of public funds;

6. Consider the marketing of public securities;X 7. Consult with counsel to obtain legal advice;

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

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

negotiations;

10. Discuss public security if the public body determines that public 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 criminalconduct;

13. Comply with a specific constitutional, statutory or judicially imposed

requirement that prevents public disclosures about a particular proceeding ormatter; or

X

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: Tuesday, January 15, 2013 10:00 a.m.

PLACE: City Hall

SUBJECT: Legal, Contractual, Personnel and Collective

Bargaining Matters

VOTE: UNANIMOUS

OTHER: FOR:

AGAINST:

ABSTAIN:

ABSENT:

from vote

only:


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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,

January 15, 2013, a closed session was held on Tuesday, January 15, 2013 at

10:00 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, Contractual, Personnel and CollectiveBargaining Matters

(b) Persons present:

Mayor Richard Meehan

City Manager David Recor

Council President Lloyd MartinCouncil Secretary Mary Knight

Council Members Doug Cymek; Margaret Pillas; Brent Ashley; Dennis Dareand Joe Mitrecic

City Solicitor Guy Ayres

Human Resource Director Wayne EvansRecreation and Parks Director Tom Shuster

Special Events Director John Sullivan

Miles & Stockbridge Associate John GilmanExecutive Office Associate Diana Chavis

Action(s) taken:

Motion to close meeting:

H:\Wpdoc\closedsess.wpd


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2 Bid Opening

A.Fire Headquarters Building Design Services


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INTEROFFICE MEMORANDUM

TO: JANUARY 15, 2013 COUNCIL AGENDA

FROM: TERENCE J. MCGEAN

SUBJECT: PROPOSALS FOR DESIGN OF RENOVATIONS TO FIRE HEADQUARTERS BUILDING

DATE: 1/9/2013

CC: DIANA CHAVIS

Proposals for the Architectural and Engineering Services for the additions and renovations to theFire Headquarters Building will be received at the January 15, 2013 work session. These are proposalsfor professional services and as such, under the City Purchasing Manual, selection is based onqualifications. Therefore, I would ask that the Council simply acknowledge receipt of each proposal.

Firms that received proposals:

Atlantic Planning Design and Development

AWB

Becker Morgan

Buchart Horn

David A. Quillen

Davis Bowen & Freidel

Design Atlantic

George Miles & BuhrMAD Engineering

Manns Woodward Architects

Schoellkopf Design

Thank You


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2. Bid OpeningB. Inlet Parking Lot Controls


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BID SPREAD SHEET

ITEM: INLET PARKING LOT CONTROLS

Bidders Total Bid

3MNovi, MI

Amano McGann, Inc.Cincinnati, OH

CTR Systems Parking IncWestminister, MD

Park MobileAtlanta, Ga

ParkeonMoorestown, NJ

Parking Quest OpportunitiesMcLean, VA

Power Door Products

Brewster, NY

Scheidt & BachmanPhoenix, AZ

Sentry Control SystemsSun Valley, CA

T2 SystemsIndianapolis, IN

BID BOND: YES X NOSTAFF ESTIMATE: $400,000BUDGET ALLOCATION: $400,000


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Ocean City Inlet Parking Lot PARCS Bid DocumentsProject Number 14-3840.00 December 2012

Name of Bidder________________________________________________________________

2012, Walker Parking Consultants/Engineers, Inc. All rights reserved.BID FORMS 40-1

SECTION 40 BID FORMS

Proposal of _____________________________________(herein called 'BIDDER'), organized

and existing under the laws of this State of Maryland doing business as a/an____________________________*.

*Insert a 'corporation', a 'partnership', or an 'individual' as applicable.

40.1 INSTRUCTIONS

A. Submit the following Bid Forms using this Section in accordance with Instructions toBidders.

40.2 SPECIFICS OF BID

TERMS OF BID

PROJECT IDENTIFICATION: Ocean City Inlet Parking Lot PARCS

THIS BID IS SUBMITTED TO: Town of Ocean City Marylandc/o City Engineer301 Baltimore AvenueOcean City, Maryland 21842

Attn: Terence McGean, PE

A. In compliance with your Advertisement for Bids, BIDDER hereby proposes to performall WORK for the construction of the Inlet Lot Parking Lot Control Systems in strictaccordance with the CONTRACT DOCUMENTS, within the time set forth therein, andat the prices stated below.

B. By submission of this BID, each BIDDER certifies, and in the case of a joint BID eachparty thereto certifies as to his own organization, that this BID has been arrived atindependently, without consultation, communication, or agreement as to any matterrelating to this BID with any other BIDDER or with any competitor.

C. BIDDER hereby agrees to commence WORK under this contract on or before a date tobe specified in the NOTICE TO PROCEED and to fully complete the PROJECT within75 consecutive calendar days thereafter. BIDDER further agrees to pay as liquidateddamages, the sum of $500 (five hundred dollars) for each consecutive calendar daythereafter as provided in Section 15 of General Conditions.


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Name of Bidder________________________________________________________________


D. In submitting this Bid, BIDDER acknowledges receipt of and has examined thefollowing ADDENDUM:

Date Number Initials

1. BIDDER has examined site and locality where Work is to be performed, legalrequirements (federal, state and local laws, ordinances, rules and regulations)and conditions affecting cost, progress or performance of Work and has madesuch independent investigations as BIDDER deems necessary.

2. This Bid is genuine and not made in interest of or on behalf of any undisclosedperson, firm or corporation and is not submitted in conformity with any agreementor rules of any group, association, organization or corporation; BIDDER has not

directly induced or solicited any other Bidder to submit false or sham Bid;BIDDER has not solicited or induced any person, firm or corporation to refrainfrom bidding; and BIDDER has not sought by collusion to obtain for itself anyadvantage over any other Bidder or over OWNER; and

3. OWNER reserves right to delete any section of Work.

E. Communications concerning this Bid shall be addressed to: (BIDDER to providebidders name, address, telephone number and name of individual familiar with this Bidand able and authorized to answer questions regarding this Bid.)

40.3 REQUIRED ATTACHMENTS

A. Attach the following information with Bid:1. Schedule showing Bidders understanding of project requirements including

milestones for shop drawings, fabrication, delivery, installation, testing, trainingand substantial completion.

2. Proof of PCI compliance and validation. Acceptable proof of PCI compliance andvalidation is vendor/manufacturer being listed on both Visa and MasterCardwebsites as PCI compliant. It is not acceptable to state that credit cardprocessor is PCI compliant or is in process of becoming compliant and/orreceiving validation. System shall be fully Payment Card Industry, Data SecurityStandards (PCI, DSS) compliant with respect to design, maintenance andoperation of FMS, and acquisition, use, transmission, storage, retrieval, displayand reporting of all credit card information.


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Name of Bidder________________________________________________________________


3. Product Data Sheets including technical specifications, included features, andoptions.

4. Sample warranty documentation including procedures in event of failure andinstances that may affect validity of warranty.

40.4 EXCEPTIONS

A. Understanding each system is unique and may offer a slightly different solution thanspecified in the Technical Specifications, provide a detailed listing of any requestedexceptions. If none taken, provide statement to that effect.

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

____________________________________________________________________


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Name of Bidder________________________________________________________________


40.5 DETAILED LIST OF UNIT PRICES INCLUDED IN BASE BID

DESCRIPTION UNIT

ESTIMATED

QUANTITY UNIT PRICE TOTAL COST

Barrier Gate with Gate Arm EA 10

Entry Station (Ticket, Intercom, etc) EA 2

Exit Station (Ticket, Intercom, etc) EA 5

Cashier Station in Booth (fee computer, printer, intercom, etc ) EA 4

Booth - Rear Door EA 2

Booth - Side Door EA 1

Booth - wth Restroom EA 1

Floor Safes EA 4

VMS Lane Sign Booth Mounted "Credit Only" with arrow EA 4

VMS Lane Sign Pedestal Mounted "Credit Only" with arrow EA 1

In Ground Vehicle Detection Loops EA

Protective Bollards EA

List Additional/Miscellaneous Equipment Below:

EA

EA

EA

Installation, Site work, communications cable supply, initial

warranty, freight, etc.

Other

System Server and Software (FMS) EA 1

Workstation with hardware and software EA 1

Remote Workstation Software and Licenses EA 5

Credit Card Server and Software EA 1

ACS Controller and Software EA 1

Intercom System EA 1

Mass Validation Encoder EA 1


EA

EAEA



Other

BASE SYSTEM: LANE EQUIPMENT

BASE SYSTEM: LANE EQUIPMENT SUBTOTAL

BASE SYSTEM: LANE EQUIPMENT TOTAL:

MANAGEMENT OFFICE/SYSTEM SERVER EQUIPMENT AND SOFTWARE

MANAGEMENT OFFICE/SYSTEM SERVER EQUIPMENT AND SOFTWARE: TOTAL

MANAGEMENT OFFICE/SYSTEM SERVER EQUIPMENT AND SOFTWARE: SUBTOTAL


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Name of Bidder________________________________________________________________


DESCRIPTION UNIT

ESTIMATED


Stock Items

Spare Parts


EA

EA

EV Station EA 4


EA

EA



Other

ELECTRIC VEHICLE CHARING STATIONS

EV CHARGING STATION SUBTOTAL:

OTHER ITEMS TOTAL:

GRAND TOTAL BASE SYSTEM

PARKING SYSTEM SUBTOTAL:

OTHER ITEMS (Parking System)


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Name of Bidder________________________________________________________________


40.6 DETAILED LIST OF ALTERNATE BID ITEMS

DESCRIPTION UNIT

ESTIMATED


Year 1 EA 1 included n/a

Year 2 EA 1

Year 3 EA 1

Year 4 EA 1

Year 5 EA 1

Year 6 EA 1

Roving Cashier System

Other



Other

Credit Card In/Out System

Other



Other

EV Charing Station EA 2

Other



Other

ADD ALTERNATE 2: Add Roving Cashier System as Described in Section 11 12 26

ADD ALTERNATE 1: Additional Warranty Periods (after 1st year warranty)

ADD ALTERNATE 1: TOTAL

ALTERNATE 3: Add Credit Card In/Out Functionality to System

ADD ALTERNATE 2: TOTAL

ALTERNATE 3: TOTAL

ALTERNATE 4: Add Two Additional EV Charging Stations

ALTERNATE 4: TOTAL


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Name of Bidder________________________________________________________________


40.7 NON-COLLUSION AFFIDAVIT

The Bidder, by its officers and its agents or representatives present at the time of filing this Bid,being duly sworn on their oaths say, that neither they nor any of them have in any way, directlyor indirectly, entered into any arrangement or agreement with any other Bidder, or with anyofficer of the Owner or Owners representative whereby such affiant or affiants or either of themhas paid or is to pay such other Bidder or officer any sum of money, or has given or is to give tosuch other Bidder or officer anything of value whatever, or such affiant or affiants or either ofthem has not directly or indirectly, entered into any arrangement or agreement with any otherfree competition into the letting of the contract sought for by the attached Bids that noinducement of any form or character other than that which appears on the face of the Bid will besuggested, offered, paid or delivered to any person whomsoever to influence the acceptance of

the Bid or awarding of the Contract, nor has this Bidder any agreement or understanding of anykind whatsoever, with any person whomsoever to pay, deliver to, or share with any other personin any way or manner, any of the proceeds of the Contractor sought by this Bid.

Submitted By:

Type or print firm name

Authorized Signature

Date


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2. Bid OpeningC. Inlet and Bayside Boardwalk Repairs


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BID SPREAD SHEET

ITEM: Inlet & Bayside Boardwalk Repairs

Bidders Total Bid

All States Construction

Ocean View, DE

Bearing ConstructionSudlersville, MD

Brawner BuildersHunt Valley, MD

Bunting & Murray Construction

Selbyville, De

Coastal Design & Construction

Gloucester, VA

Culpeper Marine

Federalsburg, MD

EQR

Arbutus, MD

Fisher Marine Construction

Chincoteague, VAr c ectr c

Ocean City, MD

George & Lynch, Inc.

Dover, DEs erson

Salisbury, MD


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Bidders Total Bid

Harkins Contracting

Salisbury, MD

Hi-Tide Marine Construction

Snow Hill, MD

Just Rite Marine Structures

Berlin, MD

c n y ar neHebron, MD

e av son xcavat ng

Goldsboro, MD

Miken Builders

Millville, DE

Mills Creek Buiders

Ocean City, MD

Nason Construction

Salisbury, MD

Patterson Construction

Berlin, MD

RBCI

Easton, MD


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Bidders Total Bid

R.L. Mitrecic & SonsOcean City, MD

Rehak Construction LLCBaltimore, MD

Royal PlusOcean City, MD

Superior ContractingBerlin, MD

Walsh Home ImprovementBerlin, MD

Whiting & TurnerBaltimore, MD

Willow Construction

Easton, MD

BID BOND: YES X NOSTAFF ESTIMATE: $385,000BUDGET ALLOCATION: Not Budgeted


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BID

Proposal of _____________________________________(herein called 'BIDDER'), organized

and existing under the laws of this State of Maryland doing business as a/an____________________________*.

To the TOWN OF OCEAN CITY, OCEAN CITY, MARYLAND (herein called the 'TOWN').

In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform allWORK for the construction of the Inlet and Bayside Boardwalk Repairs in strict accordancewith the CONTRACT DOCUMENTS, within the time set forth therein, and at the prices statedbelow.

By submission of this BID, each BIDDER certifies, and in the case of a joint BID each party

thereto certifies as to his own organization, that this BID has been arrived at independently,without consultation, communication, or agreement as to any matter relating to this BID withany other BIDDER or with any competitor.

BIDDER hereby agrees to commence WORK under this contract on or before a date to bespecified in the NOTICE TO PROCEED and to fully complete the PROJECT within 90 (ninety)consecutive calendar days thereafter. BIDDER further agrees to pay as liquidated damages, thesum of $500.00 (five hundred dollars) for each consecutive calendar day thereafter as providedin Section 15 of General Conditions.

BIDDER acknowledges receipt of the following ADDENDUM:

____________________________________________________________

____________________________________________________________

*Insert a 'corporation', a 'partnership', or an 'individual' as applicable.


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Bidder agrees to perform all the work described in the CONTRACT DOCUMENTS as follows:

REVISED BID SCHEDULE

NOTE: BIDS shall include all applicable fees.

Item No. Quantities Description Total Cost________ _________ __________ _________

1 1 Lump Sum Inlet Boardwalk Repairs $_____________

2 1 Lump Sum Chicago Ave Boardwalk Repairs $_____________

TOTAL BID.....................................................................................................$________________

_____________________________________________________________________dollars

Respectfully submitted,

__________________________________Signature

__________________________________________________________________Address

__________________________ ________Title Date

_________________________________License Number

(Seal-if BID is by a corporation)

Attest


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2. Bid OpeningD. Lumber for Inlet and Bayside Boardwalk Repairs


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BID SPREAD SHEET

ITEM: INLET & BAYSIDE BOARDWALK LUMBER

Bidders Total Bid

Chesapeake Wood Products Inc.Hanover, MD

Coastal Wood IndustriesFruitland, MD

Culpeper

Federalsburg, MD

East TeakWest Bend, WI

Grasmick LumberBaltimore, MD

Long Life Treated WoodHebron, MD

LowesEaston, MD

Lumberman AssociatesBristol, PA

Pikesville Lumber & SupplyBaltimore, MD

BID BOND: YES NO XSTAFF ESTIMATE: $60,000BUDGET ALLOCATION: Not Budgeted


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Office of the City Engineering

P.O. Box 158

Ocean City, MD 21842

BID FORM NAME OF BIDDER: ______________________________________________________

PAGE ONE:

RE: Inlet and bayside Boardwalk Lumber

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 specifications will be allowed. In the eve

the bid will not be considered.

It is not the intent of the Town of Ocean City to disqualify a bidder if every bid line item specification is not met.

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, 21842

Tuesday January 15, 2013. Mailed bids must be received by this time as postmarks will not be considered. Faxed b

be accepted as a valid proposal.

Mailed bids should be addressed to the City Managers Office, P.O. Box 158, Ocean City, MD 21842 and marked

envelope SEALED BID: Boardwalk Lumber.

The bids will be opened and acknowledged by the mayor and Council at their regular Work Session on Tuesday, 1

2013 at 1:00 PM at City hall, 301 Baltimore Avenue, Council Chambers, Ocean City, Maryland. Following staff r

bidders will be notified as to the final results.

The undersigned understands that the Mayor and City Council of Ocean City, Maryland has the right to reject any

Date:_________________________ Signed:_____________________________ Title:___________________


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BID SCHEDULE - BOARDWALK LUMBER MATERIALSPage 2 of 3

NOTE: BIDS shall include all applicable fees:

BASE BID:

ItemNo.

Description Quantity Unit Price

1 Deck 2x6x10, ACQ/CA-C 648 each $_________per each

2 Deck 2"x6"x12', ACQ/CA-C 1,793 each $_________per each

3 Deck 2"x6"x14', ACQ/CA-C 641 each $_________per each

4 Deck 2"x6"x16', ACQ/CA-C 200 each $_________per each

5 Rail Cap 2"x8"x12', ACQ/CA-C 125 each $_________per each

6 Post 6x6x10, ACQ/CA-C 60 each $_________per each

7 Stringer 4x8x12 ACQ/CA-C 624 each $_________

per each

6 Stringer 3x8x16 ACQ/CA-C 14 each $_________per each


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ItemNo.

Description Quantity Unit Price

5 Bulkhead Cap 3x14x12 ACQ/CA-C 76 ea $_________per each

Total Base Bid Price for LUMBER:................................................................................$_______

____________________________________________________________________________

Note: This bid form must be signed by an officer of your company or an authorized agent for this propos

the Mayor and Council of Ocean City, Maryland.

Respectfully submitted,

Dealer Name: ________________________________________________________________________

__________________________________ ___________________________

Signature Title

_________________________________

_________________________________ License No. __________________________

Address

Phone:___________________________

________________________________ (seal if BID by a corporation)

Attest


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2. Bid OpeningE. Tandem Axle Tractor


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BID SPREAD SHEET

ONE (1) 2013 Tandem Axle Tractor

Vendor Tandem Axle Tractor Bid

Autocar Truck551 S. Washington Street

Hagerstown, IN 47346

Todd Gorsop

[email protected]

765-439-0162

Barr International, Inc.

2407 N. Salisbury Blvd.

Salisbury, Maryland 21801

Wayne Hoke

410-546-1122

Elliott Equipment Co., Inc.Elliott/Wilson Trucks

327 N. Aurora Street

Easton, Maryland 21601

Fred Wilson

410-822-0066

Golden Equipment

PO Box 873

393 Mars Valencia Road

Mars, PA 16046

Wayne Curbtender

[email protected]

GranTurk Equipment Co., Inc.

One Schuylkill Parkway

Building B

Bridgeport, PA 19405

Joel Chernin

610-239-9800 or 410-837-5570Harvey Mack Sales

30299 Foskey Lane

Delmar, Maryland 21875

Robert Senesi410-896-3562

Ingolds, Inc.

P.O. Box 548

Bel Air, Maryland 21014

Glenn Ingold

1-800-874-6465


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McNeilus

PO Box 219

941 Hemlock Road

Morgantown, Pennsylvania 19543

Attn: Todd Gorsop

610-286-0400Maryland Industrial Trucks

1330 W. Nursery Road

Linthicum, MD 21090

Mike Moylan

[email protected]

443-386-2219

Mid-Atlantic Waste Systems

10641 Cordova Road

Easton, Maryland 21601

Jack Mason

410-820-7188 Ext. 3003Tidewater Mack, Inc.

301 Bulldog Drive

Chesapeake, Virginia 23320

Richard H. Doub

[email protected]

800-359-6225

Toms Truck Sales LLC

8620 Quarry Road

Manassas, Virginia 20110

Barry Hummel

800-361-7305Waste Equipment Sales & Service

LLC

3300 A Transway Road

Halethorpe, MD 21227

Mike Adcock/Tim Burns

[email protected]

443-324-2965

410-479-8350Western Star Trucks of Delmarva

POB 416

24360 Ocean Gateway

Mardela Springs, MD 21837

Joe Pieroschek

410-742-0400

[email protected]


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TOWN OF OCEAN CITY

OFFICE OF THE CITY MANAGER

P. O. BOX 158OCEAN CITY, MARYLAND 21843

BID FORM

PAGE ONE

RE: ONE (1) TANDEM AXLE TRACTOR

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 A.M. Tuesday, January 15th, 2013. All 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: ONE (1) TANDEM AXLE TRACTOR

The bids will be opened and read aloud by the Mayor and City Council at their regular Work

Session Tuesday, January 15th, 2013 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:_______________________

TITLE: _______________________


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PAGE TWO

RE: (1) TANDEM AXLE TRACTOR

DEALER NAME: ___________________________________________

ADDRESS: ___________________________________________

___________________________________________

___________________________________________PHONE NO.: ___________________________________________

FAX NO.: ___________________________________________

CONTACT: ___________________________________________

MAKE & MODEL: ___________________________________________

DELIVERY DATE: ___________________________________________

TOTAL PRICE : _________________________________________

NOTE: 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.


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3 Request Permission to Solicit Bids for Grass Mowing

Services

Presented by: Calvin Ginnavan, Parks Superintendent


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25166 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: Thomas J. Shuster, Recreation & Parks DirectorRE: Permission to Bid Grass Mowing ServicesDATE: January 9, 2013

ISSUE(S): Request to continue contract grass mowing of Town properties

SUMMARY: The Recreation & Parks Department wants to continue thepractice of providing grass-mowing services in certain public

properties owned by the Town by private contractor. Contractmowing began in 2011, and funds are included in the Parks FYbudget. Contract mowing has proven to be a cost effectivemeasure that helps contain in-house labor costs.

FISCAL IMPACT: $18,000 already allocated in Parks Division budget for contractgrass mowing.

RECOMMENDATION: Authorize staff to solicit bids for contract mowing for spring,summer and fall of 2013.

ALTERNATIVES: Return to mowing by Parks employees.

RESPONSIBLE STAFF: Calvin Ginnavan, Parks Superintendent

COORDINATED WITH: Tom Shuster, Recreation and Parks DirectorGary Collier, Assistant Parks Superintendent

ATTACHMENT(S): None

Agenda Item # 3

Council Meeting Jan. 15, 2013


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4 Discussion of Funding for Ornamental Lighting on St. Louis

Avenue, 17th

to 10th

Street



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25166 TOWN OF

The White Marlin Capital of the World

TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City Manager

FROM: Hal O. Adkins, Public Works DirectorRE: St. Louis Ave. Reconstruction Phase I

17th to 10th Street Ornamental Lighting FundingDATE: January 9, 2013

ISSUE(S): St. Louis Ave. Reconstruction Phase I

17th to 10th Street Ornamental Lighting Funding

SUMMARY: The actual lights/wiring are not part of the project currently

under construction. OCDC has obtained partial funding for thiseffort and a decision needs to be made on whether to proceed or

not.

FISCAL IMPACT: Fund Balance allocation of $79,028.00 or reallocation of otherBond Funds that may be considered surplus and available

RECOMMENDATION: To discuss the issue from a comprehensive stance inclusive of:

Impacts on all three phases of the project Future maintenance costs Sidewalk accessibility relative to minimum ADA clearances

and render a final decision

ALTERNATIVES: Do not proceed with installation of the lights and wiring at this

time

RESPONSIBLE STAFF: Hal O. Adkins, Public Works Director

COORDINATED WITH: Jim Parsons, Chief Deputy Public Works Director

Dean Dashiell, Senior Project Manager

Jennie Knapp, Budget ManagerDavid Scott, Master Electrician

Glenn Irwin, OCDC

ATTACHMENT(S): 1) George & Lynch, Inc. quote dated December 21, 20122) Lighting Component Cost Estimate

Agend a Item # 4



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To: David L. Recor, ICMA-CM, City Manager

From: Hal O. Adkins, Public Works Director

Re: St. Louis Ave Reconstruction Phase I: 17th to 10th Street

Discussion Concerning Ornamental Street Lighting Funding

Date: January 08, 2013

As you may recall, the design of the St. Louis Ave reconstruction project included the installation of empty

conduits for the future installation of ornamental street lighting similar to Baltimore Ave and the adjoining

side streets. At the time of the discussion it was made clear that funding was not available for the actual

wiring or lights but, in an effort to avoid disturbance to the roadway surface at a later date, and to position

ourselves to install lights in future years if the decision was made to do so, we designed the overall layout for

the lighting locations and conduit runs and included the effort in the bidding Contract Documents.

The recently awarded project includes the installation of the empty conduits. Then OCDC, in an effort to

assist with actual completion of the wiring and lighting, applied for a $150,000.00 Grant thru the CommunityLegacy Program. This value represented the estimate of the cost for Phase I, at the time of application. As of

this date, Glenn Irwin has informed me they have received notice of intent to be awarded $ 50,000.00 and

that they have received tentative approval to reassign $25,000.00 of a historical Small Business Assistance

Grant. Therefore, OCDC is now in a position to offer funding assistance of roughly 50% of the Phase I lighting

cost.

As the OCDC Grant efforts were evolving I took time to refine the actual cost estimate for the Phase I lighting.

I have attached two separate documents, that when combined, total $154,028.00. The cost estimate from

George and Lynch, Inc. represents the cost of installing the light pole foundations and owner supplied anchor

bolts. The second attachment is the cost associated with purchase of the wiring, lights, and associated

parts/labor to complete the installation.

Considering that the project is now under construction I would like to discuss this matter with the Mayor and

City Council at the Work Session on January 15, 2013 to determine what level of interest they have in moving

forward with the entire Phase I lighting effort and appropriating the balance of the funds ($79, 028.00).

Looking forward to the discussion.

cc: Jim Parsons, Chief Deputy Public Works Director


Jennie Knapp, Budget Manager

David Scott, Master Electrician

Glenn Irwin, OCDC


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5 Discussion of Expansion of Bus Stop Located on Somerset

Street Between Baltimore Avenue and Philadelphia Avenue



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25166 TOWN OF


TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City Manager

FROM: Hal O. Adkins, Public Works DirectorRE: Somerset Street Bus Stop

Discussion Pertaining to Site Expansion NeedsDATE: January 9, 2013

ISSUE(S): Somerset Street Bus Stop

Discussion pertaining to site expansion needs

SUMMARY: The current site is no longer large enough to satisfy the

passenger load and needs to be expanded

FISCAL IMPACT: Roughly $10,000

RECOMMENDATION: Approve as requested

ALTERNATIVES: Do nothing and continue to operate with the overcrowded

conditions


COORDINATED WITH: Jim Parsons, Chief Deputy Public Works DirectorGeorge Thornes, Superintendent of Transportation

Brian Connor, Assistant Superintendent of TransportationRussell Jones, City Surveyor

Richard Malone, Deputy Public Works DirectorGlenn Irwin, OCDC

ATTACHMENT(S): 1) Email of 11/16/2012 @ 11:22 am authored by Annemarie

Dickerson

2) Email of 11/16/2012 @ 6:31 pm authored by Kathleen Walsh3) Three color photos of the site4) A proposed site plan5) Memo dated 11/29/2012 authored by Glenn Irwin

Agenda Item # 5



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To: David L. Recor, ICMA CM, City Manager


Re: Somerset Street Bus Stop (Between Baltimore Ave and Philadelphia Ave)

Discussion Pertaining To Site Expansion Needs


In an effort to address a few privately owned/operated transit buses, and their associated passengers, from the

Francis Scott Key Motel, Frontier Town Campground, and the Castaways Campground, we established a bus stop

for their use that is located on the corner of Somerset Street and Baltimore Ave. This location channels those

passengers into the boardwalk/beach area via the Somerset Street Plaza and avoids those transit vehicles from

compounding our own operations at the South Division Street Transit Center.

The operation at Somerset Street has experienced massive success and is now handling over 2000 passengers on

a daily basis in the summer season (Please see the attached emails from both Annemarie Dickerson of the Francis

Scott Key and Kathleen Walsh of Castaways. Though not in writing, similar statistics are a reality from Frontier

Town too). With success come some operational challenges. The volume of daily passengers, both discharging the

transit vehicles and those waiting to return to the campgrounds/motel, is now far exceeding the capacity of the

site. In support of this I have attached a series of photos. One of the photos depicts a typical day at the bus stop

and shows the passengers waiting for the return trip. Two additional photos provide you with a better idea of the

actual size and configuration of the current bus stop and waiting area.

In an effort to address this situation before the summer of 2013, we are proposing modifications to the size of the

site. The proposed modifications would address the following issues:

(1) The increased size would create a far greater waiting area for both the passengers and theircoolers/body boards/etc. and

(2) The increased size would significantly reduce the potential of having the sidewalk blocked for use bythe general public and

(3) The new configuration would allow access to the staging area, from Baltimore Ave, via entrance onthe south side of the sign thus eliminating the conflict of passengers exiting the bus into a waiting

crowd wishing to enter the bus for the return trip to their point of origination.

A site plan of the proposed improvements is attached for review. It should be noted that to make the suggested

improvements two parking spaces will be lost in the adjoining municipal parking lot. In review of the historical

revenue for this specific parking lot, I can inform you that each space generates roughly $ 9.26/day for roughly a

150 day season thus equating to $ 2,778.00 per season for the two spaces combined).

In an effort to gain the opinion of OCDC on this matter, I reached out to Glenn with an explanation of the issue.

Per the attached letter dated November 29, 2012, OCDC has confirmed their support of the proposed bus stopexpansion.

In closing, I welcome the opportunity to discuss this matter with the Mayor and City Council during the Work

Session on January 15, 2013.

cc: Jim Parsons, Chief Deputy Public Works Director

George Thornes, Superintendent Transportation

Brian Connor, Assistant Superintendent Transportation

Richard Malone, Deputy Public Works Director

Glenn Irwin, OCDC


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From:[email protected] [mailto:[email protected]]Sent: Friday, November 16, 2012 11:22 AM

To: George Thornes

Subject: Re: Bus Stop on Somerset Street

Dear George,

As I metioned I have daily/hourly logs that you are welcome to. Our guests truly appreciate theability to enjoy (and hopefully spend money) Ocean City! Thank you for working with us. We arededicated to make sure our staff is respectful to the other drivers and our town.

1) We run our shuttle Memorial Day weekend and then begin seven days a week on the secondFriday of June.

2) The last day we run is Labor Day. We have run one shuttle for Bike Fest vendors in the pastbut we will not be doing that for 2013.

3) We begin our shuttles at 9am.

4) Our last shuttle is at 10pm. We have discussed extending the hours do to the popular freemovies on the beach.

5) We run continuosly. Since we have two shuttles the second one goes into service at 10am.The procedure is to have one leaving the FSK at the same time one is leaving Ocean City.

6) We have two 14 passenger busses that we run per day.7) We operate 7 days per week.

8) In June we averaged 647 passengers weekday and 745 weekend combined load for bothshuttles.

In July we averaged 797 passengers weekday and 808 weekend combined load for bothshuttles.

In August we averaged 860 passengers weekday and 806 weekend combined load for bothshuttles.

Since we are moving guests back and forth the average each way per day for the summer wouldbe 388 passengers.

We look forward to another great summer and will work with you in any way to help make it abetter experience for everyone.

SincerelyAnnemarie Dickerson
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


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From: Kathleen Walsh [mailto:[email protected]]

Sent: Friday, November 16, 2012 6:31 PM

To: George Thornes

Subject: RE: Bus Stop on Somerset Street

George,

Thank you for your continued efforts to make our job easier. I will answer the questions in the

order they were presented:

1. When do you start your trips in to this facility? We open April 1 and run mostlySaturdays only until Cruiser week

2. When is the last day of the season using this facility? We close October 313. What time in the AM do you arrive on your first trip? Our first trip leaves Castaways at

10 AM

4. What time in the PM do you arrive on your last trip? Our last bus leaves Castaways at 9PM

5. How many trips do you make a day? We begin at 10 AM and run ever other hour until 9PM

6. How many busses do you use on this route? -1 bus7. Do you operate seven days per week? Yes, in season we operate 7 days a week8. Please share any ridership statistics you may have. This is a little difficult; our bus holds

45 and it is pretty much full to full all peak season

I hope this helps.

Kathleen Walsh

COO, Castaways LLC

12550 Eagles Nest RoadBerlin MD 21811

Campground Phone 410-213-0097

Fax 410-213-1266

www.castawaysrvoc.com
http://www.castawaysrvoc.com/http://www.castawaysrvoc.com/http://www.castawaysrvoc.com/


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6 Permission to Reallocate 2012 Wastewater Bond Funds to a

2010 Wastewater Bonded Project



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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: Reallocation of Wastewater Bond FundsDATE: January 9, 2013

ISSUE(S): Reallocation of Wastewater Bond Funds

SUMMARY: 2012 Bond Funds need to be reallocated into a 2010 Bond

Project to allow completion of that project

FISCAL IMPACT: None No additional appropriation of funds is needed

RECOMMENDATION: To permit the requested change

ALTERNATIVES: Fund the necessary expenses from the Wastewater Fund Balance


COORDINATED WITH: Jim Parsons, Chief Deputy Public Works DirectorCharlie Felin, Wastewater SuperintendentJennie Knapp, Budget Manager


ATTACHMENT(S): Section 7of the 2012 Bond Issuance Documents

Agenda Item # 6



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To: David L. Recor, ICMA- CM, City Manager


Re: Wastewater Capital Project Funding

Reallocation of Funds: 2012 Bond Funds To A 2010 Bond Project


In our efforts to address completion of the DAF (Dissolved Air Flotation) project at the Wastewater

Treatment Plant, I need permission from the Mayor and City Council to shift a portion of 2012

Wastewater Bond Funds into the DAF Project Account which is a 2010 Bond Project. Though I have

historically completed budget amendments within the Water and Wastewater Capital Accounts on

an as need basis to complete our numerous projects, technically speaking, in this specific case I donot have the right to shift Bond Funds that were obtained from two different Bond Issuances without

Mayor and City Council authorization. Please see the attached Section 7 from the most recent

Bond Issuance that makes references to this stance.

You will recall that a portion of the 2012 Bond Issuance was to address improvements to the 28th

Street Sewage Pumping Station. When faced with assigning priorities to other projects that were

scheduled for completion, or already under construction, the majority of the funding for 28th Street

has been reallocated to the Dukes Ave Sewage Pumping Station Improvements and associated land

acquisition. $126,600.77 of the 28th Street funding is needed to complete the final stages of the

DAF project. The largest portion of those funds will address replacement of the primary electrical

feeders (4) that service the entire process, with the residual of the funds being used to addressnumerous change orders that were prudent to address at the time of the improvements.

I have spoken with Jennie Knapp, Budget Manager, concerning my requests. She takes no issue with

the amendments besides the fact that the Council approval is needed.

Looking forward to approval at the Work Session on January 15, 2013.

cc: James Parsons, Chief Deputy Public Works Director

Charlie Felin, Wastewater Superintendent

Jennie Knapp, Budget Manager



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7 Summary of Critical Area Mitigation Program and Request

to Transfer Funds for Projects and Intern

Presented by: Gail Blazer, Environmental Engineer


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TOWN OF


TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Gail P. BlazerRE: Program update and request to transfer funds for projectsDATE: December 7, 2012

ISSUE(S): Stormwater and Critical Area Mitigation Funds

SUMMARY: Update on the projects and programs funded by Critical Area andStormwater Management Mitigation funds and a request to

transfer funds for future projects and an intern.

FISCAL IMPACT: The Town of Ocean City has deferred revenue accounts set up tohold mitigation money that has been collected for offsets toCritical Area and Stormwater Management compliancerequirements. This money is earmarked for specific types ofprojects that must have a water quality and/or a habitatelement.

RECOMMENDATION: Transfer $10,000 from the Critical Area Mitigation Fund for theBeach district and BayScape planting program. This amount willFund the program for 3 to 4 more years.

Transfer $2,500 from the Stormwater Mitigation Fund to hire anintern to help with a Water Quality Assessment and the Grantprogram for the Downtown and Upper Downtown districts.

ALTERNATIVES: Postpone programs to a future date.

RESPONSIBLE STAFF: Gail P. Blazer, Environmental Engineer

COORDINATED WITH: Terence McGean, City Engineer

ATTACHMENT(S): Critical Area and Stormwater Mitigation Project Information andExpenditure Report

Agenda Item # 7



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Critical Area and Stormwater Mitigation Money

Project Update and Expenditure Report

The Town of Ocean City has deferred revenue accounts set up to hold mitigation moneythat has been collected for offsets to Critical Area and Stormwater Managementcompliance requirements. This money is earmarked for specific types of projects thatmust have a water quality and/or a habitat element.

Over the years we have requested money from these funds to pay for various projects.The projects, as stated, must have an environmental benefit. To date we have subsidized89 beach district planting grant, 39 BayScape gardens, 180 rain barrels, 7 cost shareretrofits, printed 2000 rain garden manuals and helped pay for reprinting theHomeowners Guide to the Coastal Bays just to name a few. This year we helped pay forthe Landscape buffer at the Municipal Airport for our Earth Day Tree planting project.

Currently we are working on the downtown community outreach program and waterquality audits. Our first project will be to offer homeowners in this area a free waterquality assessment. This assessment will calculate their water footprint and suggestopportunities to reduce runoff from properties. Suggestions would include rain gardens,BayScape Gardens, rain barrels, French drains, and reducing impervious surface. Thiseffort will include offering grant to help implement and fund the suggestions. I wouldlike to request a transfer from the stormwater mitigation fund for $2500 to pay an internto help me with this project this summer.

We continue to offer the beach district and BayScape grants. Applications for the BeachDistrict Planting are now available and the BayScape will be out in the spring. The fundsin these accounts are not quite what are needed to meet the anticipated grant applicationfor this year. We request to transfer $10,000 from the Critical Area Mitigation account tothe BCHDST and BAYDST accounts for $6,000 and $4,000 respectively. This amountof money will fund the program for 3 to 4 years.

We currently have $88,065.66 available for use in the critical area mitigation account and$97,397.85 in the Stormwater Mitigation account. The afforestation account has abalance of $2,523. We also currently have money in projects which are as followed:

Cost Share/ CSTSHR = $19,550Stormwater Projects / SWMPRJ = $6,756Rain Garden / RAIN = $7,098Beach District Plants / BCHDST = $1,227BayScape Plants / BAYDST = $1,432


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8 Discussion of Resident Agent Requirements for Rental License

and Noise Control Permit

Presented by: Michael Sherman, License Inspector


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The Wh i te Mar l i n Cap i ta l o f t h e Wor l d

Agenda Item# 8

Council Meeting January 15, 2013

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

THRU: David L. Recor, ICMA-CM, City Manager

FROM: Michael Sherman, License Inspector

RE: Resident Agent for Rental/Noise Permits

DATE: January 7, 2013

I SSUE( S) : Amend resident agent requirements of the City Code, Section 30-402.

SUMMARY: As a follow up to the discussion with the City Council at the meeting

on December 17, 2012, the current code states that the residentagent must reside within the corporate limits of Ocean City. This

requirement poses difficulties to individuals and businesses that act as

resident agents but do not live within the corporate limits. To allowthe property and business owners more flexibility and still allow the

resident agent to respond in a timely manner, the proposedamendment permits a resident agent to live within a 30-mile radius of

Ocean City.

FI SCAL I MPACT: None

RECOMMENDATI ON: Change the current code to allow resident agents reside within 30miles of Ocean City.

ALTERNATI VES Keep the current code.

RESPONSI BLE STAFF: License Inspector

COORDI NATED WI TH: N/A

ATTACHMENT(S): City Code, Section 30-402.a.3. Required information; issuance.


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9 Discussion of Visitor Guide Letter of Agreement

Presented by: Donna Abbott, Tourism Director and Melanie

Pursel, Chamber of Commerce Executive Director


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TOWN OF


TO: The Honorable Mayor, Council President and Members of CouncilTHRU: David L. Recor, ICMA-CM, City ManagerFROM: Donna Abbott, Tourism and Marketing DirectorRE: Renewal of letter of agreement with Ocean City Chamber of Commerce on visitor

guideDATE: January 9, 2013

ISSUE(S): A letter of agreement with the Chamber of Commerce for thedistribution of the vacation guide has expired. A new agreementis needed for the 2013 guidebook. The new agreement isproposed to cover a two-year period.

SUMMARY: In 2010, the Dept. of Tourism and the Greater Ocean CityChamber of Commerce entered into an agreement to merge theirrespective vacation guides into a single publication. In theoriginal agreement, the Town was responsible for design andlayout of the publication while the Chamber sold and received adrevenue. When that agreement expired, a subsequent agreementgave the Chamber sole responsibility for design, content anddistribution of the guide while the Town paid a portion of thepostage costs and some ad space. In the proposed agreement,the Town would pay a portion of the cost of mailing thepublication at a rate of 25 percent of the chambers annual cost

verses a $1 per piece rate of the requests coming in throughwww.ococean.com. The Chamber has requested additional fundsto cover increased costs of postage. The Town will continue topurchase 4 pages of advertising at a cost of $16,460.

FISCAL IMPACT: Currently the Town budgets $12,000 to pay for vacation guidemail requests annually, plus the $16,460 for ads. Based uponthe 2012 distribution costs incurred by the Chamber, the Townwould pay the Chamber approximately $20,000.

RECOMMENDATION: Enter into proposed agreement.

ALTERNATIVES: Do not enter into agreement.

RESPONSIBLE STAFF: Donna Abbott, Tourism Director

COORDINATED WITH: Melanie Pursel, Ocean City Chamber Executive Director

ATTACHMENT(S): Proposed Letter of Agreement

Agenda Item # 9

Council Meeting January 15, 2013


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DRAFT

Letter of Agreement2013 Ocean City Vacation Guide

THIS LETTER OF AGREEMENT is being entered into by and between the Mayor and City Council of Ocean City(hereinafter referred to as the Town) and The Greater Ocean City Chamber of Commerce (hereinafter referred toas the Chamber) and is effective______, upon execution by both parties. This Letter of Agreement shallhereinafter be referred to as Letter or Letter of Agreement.

Purpose

The purpose of this Letter of Agreement is to guide and direct the parties respecting their affiliation and workingrelationship. Principal objectives for this Letter is to:

1. Define responsibilities

2. Define Towns commitment

Term

This Letter of Agreement shall commence on______. Thereafter, the term shall be extended for a period of two (2)years.

Responsibilities

The Chamber

(A) The Chamber will be solely responsible for the ad sales, content, design, printing and distribution of the2013 and 2014 Official Ocean City Vacation Guide and all associated costs.

(B) Distribution will include an initial direct mailing to all previous year requests, new requests through theonline form, calls and emails, bulk distribution and local distribution.

(C) The Chamber will supply The Town with a sufficient supply of Guides for distribution to visitors in theVisitor Center, first-class mailings and trade shows at no cost to the Town of Ocean City.

(D) The Chamber may solicit advertisements from Ocean City CVB members.(E) The Chamber will identify www.ococean.com as Ocean City Tourism website and www.oceancity.org as

the chamber of commerce website on the cover of the Guide.

The Town

(A)

The Town has agreed to purchase 4 pages in the Guide.(B) The Town will mail the Guide via first class mail to all phone requests needing the guide immediatelyand on an as needed basis at The Towns discretion and expense.

(C) The Town agrees that in the event a decision is made to produce its own destination-marketing piece noadvertising will be sold so as to not compete with the Chamber.

(D) The Town will prominently include a Guide image and request form as well as a link to the digital onlineGuide on its website at www.ococean.com as well as periodically on its Facebook page and Board Talk enewsletter.


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Resource Commitments

(A) The Town has agreed to purchase 4 pages total at a cost of $16,460.00 per year for a two (2) year period.(B) The Town will pay a portion of the cost to distribute the publication at a rate of 25% of the annual

distribution cost.(C) No other resources will be committed.

Implementation

This agreement is effective beginning with the 2013 Ocean City Vacation Guide.

Entire Understanding

This Letter of Agreement sets forth the entire arrangement between the parties and supersedes all prior oral andwritten understandings, representations, and discussions between the parties respecting the subject matter of thisletter.

IN WITNESS WHEREOF, the parties have hereunto affixed their signatures on the dated indicated to signify their

acceptance of this Letter of Agreement.

Mayor and City Council forthe Town of Ocean City Greater Ocean City Chamber of Commerce

By: ___________________ By: ___________________

Date: _________________ Date: _________________

Attest: ________________ Attest: ________________