MAYORANDCITYCOUNCIL

REGULARSESSION
Monday,October21,20136:00P.M. Aclosedsessionisscheduledfor5:30p.m.todiscusslegalandpersonnelmatters.

AGENDA
1.

CALLTOORDER PRAYERANDPLEDGE REPORTONCLOSEDSESSIONMonday,October21,20135:306:00p.m. APPROVALOFMINUTES A. RegularSession#18datedOctober7,2013 B. WorkSessiondatedOctober15,2013 ITEMSPRESENTEDBYTHEMAYORANDCITYCOUNCIL A. PresentationofKeytotheCitytoThomasSingmaninRecognitionofhisYearsofServiceonthe PlanningandZoningCommission B. StandingCommitteeReports CONSENTAGENDA A. RequestApprovaltoSoleSourcePurchaseReplacementFireTurnoutGear B. BidAwardRecommendationforChemicals C. RequestApprovaltoSolicitBidsforSouthEndBeachParcelFranchises MISCELLEANEOUSREPORTSANDPRESENTATIONS A. AnnouncementofSpecialMeetingonthePatientProtectionandAffordableCareActpresentedby ChrisNorris,OCAARPPresident B. ReportfromIndependentAuditorpresentedbyGraylinSmithofSB&CompanyLLC C. PresentationoftheFY13ComprehensiveAnnualFinancialReportpresentedbyFinanceAdministrator PUBLICHEARINGS ITEMSREFERREDTOANDPRESENTATIONSFROMTHECITYMANAGERANDSTAFF ITEMSREFERREDTOANDPRESENTATIONSFROMTHECITYSOLICITOR A. FirstReadingOrdinancetoAmendChapter110EntitledZoning(reviseslanguagetoclarify parkingspacerequirementsforrestaurantusewithinshoppingcenters) COMMENTSFROMTHEPUBLIC
Any person who may wish to speak on any matter at the Regular Session may be heard during CommentsfromthePublicforaperiodoffive(5)minutesorsuchtimeasmaybedeemedappropriate by the Council President. Anyone wishing to be heard shall state their name, address and the subject onwhichheorshewishestospeak.

2. 3. 4. 5. 6. 7. 8. 9. 10. 11.

MayorandCityCouncilRegularSessionAgenda
12. 13. 14. COMMENTSFROMTHECITYMANAGER A. ReviewoftentativeworksessionagendaforOctober29,2013 COMMENTSFROMTHEMAYORANDCITYCOUNCIL ADJOURN

October21,2013

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 21, 2013 3 Report on Closed Session Monday, October 21, 2013 5:30 6:00 p.m.

NOTICE OF CLOSED SESSION OF MAYOR & CITY COUNCIL OF OCEAN CITY DATE AND TIME: PLACE: SUBJECT: VOTE: Monday, October 21, 2013 5:30 p.m. City Hall Legal and Personnel Matters UNANIMOUS OTHER: FOR: AGAINST: ABSTAIN: ABSENT:

AUTHORITY: State Government Article: Section 10-508(a) Annotated Code of Maryland PURPOSES: 1. To discuss: (i) the appointment, employment, assignment, promotion, discipline, demotion, X 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; X 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

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 Monday, October 21, 2013, a closed session was held on Monday, October 21, 2013, at 5:30 p.m. The following is a report of the closed session. 1. A statement of the time, place, and purpose of the closed session is attached. 2. A record of the vote of each member as to closing the session is attached. 3. A citation of the authority under the law for closing the session is attached. 4. (a) Topics of Discussion: Legal and Personnel Matters (b) Persons present: Mayor Richard Meehan City Manager David Recor Council President Lloyd Martin Council Secretary Mary Knight Council Members Doug Cymek; 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

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 21, 2013 4 APPROVAL OF MINUTES A. Regular Session #18 dated October 7, 2013 B. Work Session dated October 15, 2013

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 21, 2013 5 ITEMS PRESENTED BY THE MAYOR AND CITY COUNCIL A. Presentation of Key to the City to Thomas Singman in Recognition of his Years of Service on the Planning and Zoning Commission

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 21, 2013 5 ITEMS PRESENTED BY THE MAYOR AND CITY COUNCIL B. Standing Committee Reports

POLICE COMMISSION MEETING MINUTES OPEN SESSION October 11, 2013 9:00 a.m.
PRESENT: Mayor Richard Meehan, Council President Lloyd Martin, Commission Chairperson Doug Cymek, City Manager David Recor, Council Member Dennis Dare, Chief Ross Buzzuro, Director of Emergency Services Joe Theobald, Captain Kevin Kirstein, Captain Michael Colbert, Captain Gregory Guiton, Lt. Scott Harner ABSENT: City Solicitor Guy Ayres

1. Call to Order 9:03 a.m. 2. The September 9, 2013 Minutes unanimously approved as written. 3. Chief Buzzuro reviewed the September Crime Statistics. There has been an increase in officer-initiated Calls for Service from September 2012 almost 26% increase. Chief Buzzuro reviewed the week-by-week statistics report that shows decreases almost across the board in all crimes. Chief Buzzuro stated this report listing the Part 1 (major) crimes would reflect emerging patterns should they occur. It will greatly assist the department in strategically deploying officers. The Part 1 crimes, which are your most serious crimes, are down close to 300 as compared to year to date in 2012. 4. Chief Buzzuro reviewed the H20I statistics comparing 2010 through 2013. Arrests were significantly up this year. Traffic citations in 2010 256, 2011 288, 2012 478, and in 2013 868. Good job was done by all patrol officers. H20I is again scheduled for the weekend after Sunfest in 2014. It was suggested that Captain Colbert brief Chief Buzzuro on what was learned from our visit to Myrtle Beach a few years back and how they solved their motor vehicle problems during their Bike Week. Chief Buzzuro believes we need a holistic approach to this event and utilize all affected agencies to maximize our effectiveness. We need to involve property owners, the zoning department and other businesses in Ocean City that help to either sponsor or invite H20I members to use their facilities. This event is not a sanctioned Ocean City event, there are no special event permits given to use the inlet lot or the convention center. There are empty private parking lots in town that also seem to draw attendees. Trash along the highway became a serious problem during the recent event because of the amount of people gathering in the parking lots. 5. Hotels were full for H20I and restaurants did well. We need to work together with the sponsors, property owners and make this work for all. Councilman Dare suggested we must make this event better as the Town owes it to the residents. Lt. Scott Harner was asked to look into other locations where H20I events are now held. Lt. Harner has been in touch with the local organizer and he is willing to use social media to get out our messages, such as our Walk Smart Campaign and the Drive Smart Campaign to attendees. He seems very engaged to work with us to make this event better for all.

Mayor Meehan mentioned that since this is a non-permitted event, they could not use public property out of respect for all other residents and visitors to Ocean City. 6. Update on Highway Safety Lt. Harner spoke of how well the Walk Smart and Drive Smart Campaigns have been for Ocean City. All pedestrian and bike collisions are down. State Highway funding will be made available again to Ocean City next year to continue this work. Lt. Harner informed the Council that Assistant District Engineer for the State Highway Association, Ken Cimino will be leaving the agency by the end of this year and Dallas Baker will be taking over that position. The State of Delaware visited Ocean City to learn from OCPD and how they can incorporate it into their program. Towson University wants to use our Walk Smart program. This shows that our campaign has been so successful that others want to incorporate it. Captain Kirstein mentioned that this is a true success story as it was shared at a nationwide conference held in California. 7. Lt. Harner introduced a proposal for a new seat belt ordinance. This local ordinance would cover passengers in unenclosed areas of motor vehicles, i.e., in the bed of a pick-up truck. Anne Arundel has this same ordinance. The Police Commission agrees this is being proactive to keep our citizens safe. A motion was made by Dennis Dare and Seconded by Lloyd Martin to have Lt. Harner send the proposed ordinance to City Solicitor, Guy Ayres for his legal review and comments and then return to the November Police Commission meeting with Mr. Ayres report. 8. Chief Buzzuro updated the Commission on ECD/Taser use in September. There were eight events, with one deployment. This report shows that with each incident, all suspects became immediately compliant with no injuries to subjects and/or officers. Captain Kirstein stated that officer assaults have plummeted since using ECD/Tasers. The one deployment in September was a violent confrontation but with the use of the ECD/Taser, there were no injuries. The extensive training of our officers has obviously influenced their discretion as to when to display or deploy the ECD/Taser. 9. At this time, all Police Officers and PFCs assigned to the Patrol Division are outfitted with an ECD/Taser. We still need approximately 25-30 additional to outfit all Sergeants and Corporals as well. Chief Buzzuro said that with each graduating class, all new officers would be issued an ECD/Taser. We have applied for grant money and are waiting to hear if we will receive the grant for 10 additional ECD/Tasers. We have also received monetary donations to assist with the purchase of ECD/Tasers from local individuals and organizations. Mayor Meehan congratulated the Ocean City Police Department ECD/Taser Program for being properly run and for providing the proper training in the use of the ECD/Taser to all of its officers.
Meeting Adjourned 10:00 a.m.

The next meeting of the Police Commission will be held on Friday, November 8, 2013 at 9:00 AM at the Public Safety Building, 6501 Coastal Highway, Ocean City, MD 21842
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Tourism Commission Meeting Minutes October 11, 2013

The following individuals were in attendance: Commission Members Tourism Commission Chair and Council Secretary Mary Knight, Mayor Rick Meehan, Councilman Dennis Dare, Councilman Joe Mitrecic, Buck Mann, Chamber of Commerce; Todd Ferrante, OCDC; and Michael James, EDC. Staff members present were David Recor, City Manager; Donna Abbott, Tourism Director; Larry Noccolino, Convention Center Director; Lisa Osman, Tourism Department; Frank Miller, Special Events. Also present were Melanie Pursel, Chamber of Commerce; Susan Jones, HMRA; Greg Shockley, MTDB; Andy Malis and Alison Fiorelli, MGH. Media representatives present were Zach Hoopes, Ocean City Today, and Joanne Shriner, Maryland Coast Dispatch. Mary Knight called the meeting to order at 3 p.m. She announced that we would go into a closed session at the end of the meeting to discuss next years campaign strategies, which are proprietary at this time. Approval of Minutes for the September meeting Minutes of the September 9 meeting were approved. Banner Ads / Enhanced Listings on ococean.com Donna Abbott announced that MGH was in attendance to present the proposed ococean enhanced listings design for CVB members, which will be made possible as the website is moved to a new content management system. The new CMS is currently in testing and will be made available soon. Following discussion with Susan and Melanie regarding a previously discussed concept to offer a tiered membership structure to CVB members as an opportunity to pay an additional fee for enhanced or premium listings on ococean, Donna reported back that both HMRA and Chamber boards were opposed to a tiered structure and the Tourism Commission agreed not to seek a survey to determine interest. The enhanced listings design brought forth at the meeting could be made available to all CVB members, allowing them the opportunity to add photo and video content to their listings along with other content. Alison Fiorelli also presented a potential layout of the website with banner ads. Susan Jones stated that the HMRA Board is not in favor of the banner ads. They think that the ads make the website look cluttered, and that it would be unfair to the members. Todd Ferrante stated that he likes the website and the banner ad potential. He does not think it makes the website look cluttered and said that the ads would generate revenue. Andy Malis said he thought the banner ads could be offered to major sponsors of town special events as part of a sponsorship package. Donna reiterated that we have two topics: banner ads and enhanced listings. Melanie Pursel asked where the monies would go from the banner ads. The Mayor and Mary Knight both stated that the monies would go back into the Tourism budget for marketing.

Melanie explained that the Chamber has a standard membership and an upgraded membership. The upgraded membership offers members the opportunity to add videos and Google maps for an additional cost. Susan and Melanie will report back to their respective boards about the banner ad potential. The Tourism Commission recommended enhanced listings be offered to all CVB members at no additional cost and remanded to the Mayor and Council. Strategic Plan Donna asked the Tourism Commission for input on the focus of a strategic plan for tourism as that will determine the cost of such a plan. The Mayor suggested that we review the states strategic plan to use as a guide. David Recor stated that we need to identify the stakeholders and get an RFP together. The Mayor stated that most of the stakeholders were here in the room. Tourism Commission voted to go to RFP and remanded to the Mayor and Council. Updates from other Departments & Organizations Susan Jones, HMRA, announced that there will be a ribbon cutting for HMRAs new office on 57th Street being held on Tuesday, October 15, from 4-5 p.m. She collected zip codes from her members and most were from Maryland. The Mayor stated that we need to maximize our efforts and open Restaurant Week to all OC restaurants in the future, as only 17 restaurants are participating in the Fall Restaurant Week. Michael James, EDC, announced that there will be a supervisory program being offered to grads to become hotel managers for a three-month period from UMES. Frank Miller, Special Events, stated that Recreation and Parks is busy setting up for Winterfest. Todd Ferrante, OCDC, stated that he just completed grant writing for the state. Their golf tournament, a major fund-raising event for OCDC, went well. Melanie Pursel stated that the Chambers crab feast was very successful. She announced that Trevor Jones from Wor-Wic Community College is planning a grant for training in the hospitality industry. The Chamber is busy working on the next vacation guide publication. Larry Noccolino announced that the Convention Center will host Starpower on July 5-10, 2014. He also announced that he is looking into a Dine Around or Pub Crawl, which will offer discounts/specials to conference attendees when they show their conference badge. Donna announced that the August Metrics Report is complete and available on ococean. Regular meeting was adjourned and closed session began.

The next meeting will be held on Wednesday, December 4 at 3 p.m. in Room 214 at the Convention Center.

Recreation and Parks Committee October 15, 2013

1.

Call to Order: The meeting was called to order at 4:00 P.M. at Northside Park. Present were Joe Mitrecic, Lloyd Martin, Dennis Dare, Tom Shuster, Frank Miller, Susan Petito, Lisa Mitchell and David Recor. Guests included Robert Moose Holland, Joanne Shriner and Zach Hoopes. Approval of Minutes: The minutes of September 10, 2013 were approved as presented. Proposed Baseball Tournament at NSP: Tom Shuster introduced Robert Moose Holland to present a proposal for youth baseball and girls fast pitch softball tournaments at NSP for 2014. Moose provided a proposed schedule for boys baseball starting mid-April and continuing with softball including girls fast pitch softball thru October at NSP. Moose would move his events to Worcester County fields in November. Moose will purchase the portable fencing and mounds needed to expand into boys baseball and girls fast pitch softball. The committee supports the expansion into baseball and fast pitch softball and agreed to recommend the proposal to the Council for consideration. Caroline Street Boardwalk Stage: The committee provided feedback to staff on the Boardwalk Stage procedure provided for review at the September meeting. The committee requested the draft be sent to the City Solicitor before referral to the Council for approval. 2015 Town Sponsored Special Events Schedule: Tom provided the draft Special Events Schedule for 2015. The committee has asked staff to investigate the Springfest dates in consideration of Mothers Day and report back at the November meeting. Private Special Events: Lisa Mitchell provided an update on the Frisbee on the Beach event, which now plans to re-schedule to August 2 3, 2014. Lisa also provided an update for the Pigs on the Beach Boardwalk Parade for 2015 that would fall on the Saturday of Sunfest weekend. The committee also discussed the Corvette Boardwalk Parade.
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Frank Miller provided a report on Sunfest Vendors and a recommendation for changing vendor hours starting with Springfest 2014. The committee will schedule this for discussion before the Council. 7. Kayak Rental Concessions: Motioned by Lloyd Martin, seconded by Dennis Dare to go into closed session to discuss a possible Kayak Rental Concession at NSP. Motion carried. The committee returned to open session. The committee will recommend the Kayak Rental Concession RFP to the Council. Next Meeting: The next meeting was scheduled for Tuesday, November 12th at 4:00 p.m. at Northside Park. The meeting was adjourned at 5:52 PM

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P:Tom/Rec & Parks Committee Meeting 10-15-2013

NSP Canoe and/or Kayak Rental Concession Time Line

Date October 15, 2013

Action Present draft Request for Proposal (RFP) to Recreation and Parks Committee. Recommend to Council to approve solicitation of proposals. Council approves requests for proposals (RFPs) for kayak rental concession. Distribution of RFP specifications to prospective bidders. Bid opening of RFPs at Council Work Session. Staff review of proposals. Council award of concession contract to recommended bidder. Forward notice to proceed to successful bidder. Commence concession operation at NSP.

October 21, 2013 October 23, 2013 November 12, 2013 November 13-21, 2013 December 2, 2013 December 4, 2013 May 1, 2014

P:Tom/Kayak & Canoe Rentals/ Kayak & Canoe Rental Concession

TOWN OF OCEAN CITY OCEAN CITY, MARYLAND

CONTRACT DOCUMENT FOR THE PROVISION OF Northside Park Canoe and/or Kayak Rental Concession
COUNCIL LLOYD MARTIN PRESEIDENT MARY P. KNIGHT SECRETARY BRENT ASHLEY DOUG CYMEK DENNIS DARE JOSEPH M. MITRECIC MARGARET PILLAS MAYOR RICHARD W. MEEHAN CITY MANAGER DAVID L. RECOR

DIRECTOR OF RECREATION & PARKS THOMAS J. SHUSTER, CPRP BID DATE/TIME: Tuesday, November 12, 2013 at 11:00 a.m.

TABLE OF CONTENTS ITEM 1. 2. 3. 4. 5. 6. 7. ADVERTISEMENT FOR BIDS INFORMATION FOR BIDDERS BID FORMS AGREEMENT SCOPE OF SERVICE MAP NOTICE TO PROCEED

The TOWN OF OCEAN CITY, MARYLAND is soliciting bids for the Northside Park Canoe and/or Kayak Rental Concession. Please indicate your interest in receiving a copy of the bid specifications by making a request in writing to the following address or by calling 410-250-0125:

Thomas J. Shuster Town of Ocean City, Maryland 200 125th Street Ocean City, MD 21842 To be considered, the proposal must be received by the City Manager, 301 North Baltimore Avenue, Ocean City, MD 21842 by 11:00 a.m., on Tuesday, November 12, 2013.

INFORMATION FOR BIDDERS BIDS will be received by THE TOWN OF CITY (herein called the TOWN), at the office of the City Manager, City Hall, 301 North Baltimore Avenue, Ocean City, Maryland until Tuesday, November 12, 2013 at 11:00 a.m. then opened and read aloud at the Council meeting held at 12:00 noon. Each BID must be submitted in a sealed envelope, addressed to the Mayor and City Council of the Town of Ocean City, Maryland. Each sealed envelope containing a BID must be plainly marked on the outside as BID for the Northside Park Canoe and/or Kayak Rental Concession and the envelope should bear on the outside the name of the BIDDER, his address, and his license number. If forwarded by mail, the sealed envelope containing the BID must be enclosed in another envelope addressed to the Town of Ocean City, City Managers Office, P.O. Box 158, Ocean City, Maryland 21843. Faxed bids will not be accepted. All BIDS must be made on the required BID form. All blank spaces for BID prices must be filled in, in ink or typewritten, and the BID form must be fully completed and executed when submitted. Only one copy of the BID form is required. The TOWN may waive any informalities or minor defects or reject any and all BIDS. Any BID may be withdrawn prior to the above scheduled time for the opening of BIDS or authorized postponement thereof. Any BID received after the time and date specified shall not be considered. No BIDDER may withdraw a BID within 60 days after the actual date of the opening thereof. Should there be reasons why the contract cannot be awarded within the specified period, the TOWN may extend the time. BIDDERS must satisfy themselves of the accuracy of the estimated quantities in the BID schedule by examination of the site and a review of the specifications including any ADDENDA. After BIDS have been submitted, the BIDDER shall not assert that there was a misunderstanding concerning the quantities of WORK or of the nature of the WORK to be done. The CONTRACT DOCUMENTS contain the provisions required for the provision of the CONCESSION. Information obtained from an officer, agent, or employee of the TOWN or any other person shall not affect the risks or obligations assumed by the CONTRACTOR or relieve him from fulfilling any of the conditions of the contract. The party to whom the contract is awarded will be required to execute the Agreement. In case of failure of the BIDDER to execute the Agreement, the Town may at its option consider the BIDDER in default.

The TOWN shall issue the NOTICE TO PROCEED within ten (10) days of the execution of the Agreement. Should there be reasons why the notice to proceed cannot be issued within such period, the time may be extended by mutual agreement between the TOWN and CONTRACTOR. If the NOTICE TO PROCEED has not been issued within the ten (10) day period or within the period mutually agreed upon, the CONTRACTOR may terminate the Agreement without further liability on the part of either party. The TOWN may make such investigations as it deems necessary to determine the ability of the BIDDER to perform the WORK and the BIDDER shall furnish to the TOWN all such information and data for this purpose as the TOWN may request including a personal background, financial and credit worthiness check. The TOWN reserves the right to reject any BID if the evidence submitted by, or investigation of, such BIDDER fails to satisfy the TOWN that such BIDDER is properly qualified to carry out the obligations of the Agreement and to complete the WORK contemplated therein. A conditional or qualified BID will not be accepted. Award will be made to the most qualified BIDDER offering the highest net return to the Town. All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over operation of the CONCESSION shall apply to the contract throughout. Each BIDDER is responsible for inspecting the site and for reading and being thoroughly familiar with the specifications and contract documents. The failure or omission of any BIDDER to do any of the foregoing shall in no way relieve any BIDDER from any obligation in respect to his BID.

NORTHSIDE PARK CANOE AND/OR KAYAK RENTAL CONCESSION BID FORM Proposal of ___________________________________ (hereinafter BIDDER), organized and existing under the laws of the State of ____________________________ doing business as a/an ______________________________________________. To the MAYOR AND CITY COUNCIL OF OCEAN CITY, MARYLAND (hereinafter called the TOWN). In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all WORK for the Northside Park Canoe and/or Kayak Rental Concession in strict accordance with the CONTRACT DOCUMENTS, within. 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 with any other bidder or with any competitor. BIDDER hereby agrees to commence WORK under this contract on or before a date to be specified in the NOTICE TO PROCEED and to fully complete the work.

NORTHSIDE PARK CANOE AND/OR KAYAK RENTAL CONCESSION BID FORM CONTINUED BIDDER agrees to supply all labor and materials described in the GENERAL SPECIFICATIONS for the following: BIDDER proposes to pay the amount of $ ________________________ annually to the Town of Ocean City, for the exclusive rights to provide canoe and/or kayak rentals and outings at Northside Park.

CONCESSION MANAGER The Concession Manager shall be: Name: _____________________________________________ PHONE: ___________________________________________

Respectfully submitted:

_______________________________ Signature

_______________________________ Street Address

_______________________________ Title

_______________________________ State/Zip

_______________________________(seal if BID is by a corporation) License Number

________________________________ Attest

_______________________________ Date

AGREEMENT THIS AGREEMENT, made this __________ day of ________________ 20___, by and between THE TOWN OF OCEAN CITY, hereinafter called TOWN and _______________________________________ doing business as (an individual), (a partnership), or (a corporation) hereinafter called CONTRACTOR. WITNESSED: That for and in consideration of the payments and agreements hereinafter mentioned: 1. The CONTRACTOR shall commence and complete the operation of the Northside Park Canoe and/or Kayak Rental Concession. 2. The CONTRACTOR shall furnish all of the material, supplies, tools, equipment, labor and other services necessary for the operation of its concessions described herein. 3. The CONTRACTOR shall commence the work required by the CONTRACT DOCUMENTS within six (6) calendar days after the date of the NOTICE TO PROCEED and shall complete the same by October 4, 2015. 4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein for the sum of $_________________ (________________) or as shown in the BID schedule. 5. The term CONTRACT DOCUMENTS means and includes the following: A. B. C. D. E. F. G. Advertisement Information for Bidders Bid Form Agreement Scope of Service Map Notice to Proceed

6. The CONTRACTOR shall pay to the Town in the manner and at such times as set forth in the Scope of Services such amounts as required by the CONTRACT DOCUMENTS. 7. This Agreement shall be binding upon all parties hereto and their perspective heirs, executors, administrators, successors, and assigns.

IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in duplicate each of which shall be deemed an original on the date first above written. CONTRACTOR: TOWN:

BY ___________________________

BY___________________________ DAVID L. RECOR CITY MANAGER

NAME________________________ TITLE ________________________ (SEAL)

(SEAL)

ATTEST_______________________

ATTEST_______________________

NAME_________________________

NAME_________________________

Town of Ocean City Ocean City, Maryland Request for Proposals For Canoe and/or Kayak Rental Concession 2014 - 2015

SCOPE OF SERVICES CANOE AND/OR KAYAK RENTAL CONCESSION 1. OBJECTIVE AND RESPONSIBILITIES A. Objectives 1. Provide a high-quality service and affordable canoe and/or kayak rental program for the citizens of, and visitors to, The Town of Ocean City, Maryland (Town). 2. Expand the numbers of community members participating and gaining enjoyment from Northside Park and the Assawoman Bay. 3. Provide a revenue source for the Town. B. Responsibilities 1. Set up, supervise and maintain a qualified canoe and/or kayak teaching staff capable of running a canoe and/or kayak operation. 2. Administer canoe and/or kayak rentals and group outings while promoting safe canoe and/or kayak use in Ocean City. 3. Work cooperatively with a wide variety of Town departments, officials and employees. 4. Provide and take all necessary safety measures. The canoe and/or kayak Rental Management Firm (Management Firm), is not to leave the premises until all rentals have returned and all watercraft secured for the day. 2. CANOE AND/OR KAYAK MANAGEMENT A. Hours and Days of Operation. The primary operating period shall be May 1, 2014 to October 5, 2014 and May 1, 2015 to October 4, 2015. Days and hours are to be set by the Management Firm, within the parameters that no launches occur prior to 7:00 a.m. and all vessels must be on shore no later than dusk weather permitting. A schedule must be submitted and approved by the Recreation & Parks Director prior to commencing. Fireworks launched from the pier at Northside Park will necessitate the canoe and/or kayak launch site be closed July 1 and remain closed until July 6 in 2014 and certain dates around July 4, 2015 to be determined by May 1, 2015 to facilitate the load in / execution / load out of the fireworks display. In addition, all vessels will need to be on shore and the canoe and/or kayak launch site closed no later than 3:00 p.m. on Sundays from July 13 to August 24 in 2014 to facilitate fireworks to be held in conjunction with Sundaes in the Park concert series. Additional fireworks dates may be added at the discretion of the Town. Changes to the operating schedule can be made only with the written approval of the Town. B. Maintenance. Management Firm shall accept all properties, facilities, and equipment as is in their presently existing condition and shall, at its own expense, maintain the canoe and/or kayak launching area, bearing the start-up and closing costs as well as on going maintenance throughout the season. It is further understood that Management Firm shall provide the Town a monthly management report consisting of attendance and rentals, income of permit sales, maintenance undertaken, and other minor repairs that may have been performed. Any major repairs / modifications to the launch site shall not be made without the prior consent of the Town. Routine repairs for purposes of public safety may be made immediately.

C. Minimum Staffing. The Town requires that a qualified individual associated with the Management Firm serve as the on-site manager. Such individual must have full authority to act for the Management Firm and bind the Management Firm in all respects with regard to the operation. All Management Firm personnel shall wear staff shirts when on duty identifying them as a Management Firm employee. D. Liability Insurance / Indemnity Requirements Proof of liability insurance in the minimum amount of $1,000,000 shall be submitted to the Recreation & Parks Director prior to commencing operations. The Town of Ocean City must be named as an additional insured on the policy. The Management Firm agrees to protect and hold harmless the Town from any liability arising from the Management Firms activities in the operation of the concession. 3. REPORTING RELATIONSHIP A. The Management Firm reports directly to the Recreation & Parks Director, or designee. B. All activities and other programs must be approved on a case by case basis by the Recreation & Parks Director, or designee prior to advertising. C. The Management Firm is responsible for taking in registration forms and creating program rosters. D. The Recreation & Parks administrative staff will respond to phone inquiries that come into the department to the best of their ability. The Management Firm will provide scheduling information, an on site contact phone number and other basic information to the administrative staff for this purpose. 4. FINANCIAL RELATIONSHIP A. The Management Firm shall be responsible for all expenses associated with the canoe and/or kayak program inclusive of staff, advertising, registrations and all other program expenses. B. The Management Firm shall be responsible for any applicable Federal, State, and / or Local business licenses, taxes, and / or fees associated with the operation. C. Promotional, marketing, sales and equipment expenses shall be borne by the Management Firm. Any material for public release shall be approved by the Recreation & Parks Director prior to circulation. D. A $1,000, refundable, security deposit shall be payable upon award of contract. At end of the contract period, deposit funds will be returned to the Management Firm upon receipt of final payment, the removal of all equipment and mobile office building (if applicable), and return of the site to its initial state. E. The Management Firm shall provide five percent (5%) of the bid amount upon the signature of the Notice to Proceed. The Management Firm shall pay forty five percent (45%) of the annual bid amount by May 31 and the balance of the annual bid amount by July 15 for each year of operation under the contact. If at any time, the Management Firm fails to submit a required payment, the Management Firm may be required to cease operations and vacate the premises immediately.

F. The Management Firm authorizes the Town to make inquiry about the personal background, financial and credit worthiness of the Management Firm including permission to obtain credit and bank references. 5. LOCATION A. The rental area shall be in a pre-determined location at Northside Park approved by the Town and described on the attached map. This area shall be kept in a clean and orderly manner and all equipment shall be secured nightly. The Management Firm shall be responsible for collection, disposal, and removal of all trash / packing materials generated from the operation. The Management Firm shall secure all boats and equipment at the end of each business day. B. The Management Firm shall provide a mobile office space and removable boat storage racks, as necessary. The shed with an approximate footprint not to exceed 120 square feet, for purposes of office and secure storage space close to the operations, may be granted installation for each operating season with prior approval of the Recreation & Parks Director. This shed and storage racks may be located on site no earlier than one week prior to season start up and shall be removed from the premises at the end of each season, no later than 3:30 p.m. on the Friday after the last day of the primary operational period for that season. C. One 20 amp electrical outlet will be provided to the mobile office area. D. Bathrooms located in the two concession buildings at Northside Park are available Monday through Friday from 7:00 a.m. to 3:00 p.m. These bathrooms remain unlocked after 3:00 p.m. when Recreation & Parks sanctioned programs are scheduled. They are locked at the conclusion of that program. Additionally, one portable toilet is available for use in close proximity to the pier. E. The Town of Ocean City shall not be responsible for the security and/or safety of the vendors equipment. F. Vehicular access to the site is granted to the Management Firm for the sole purpose of transporting rental equipment to the site. Immediately after unloading, all vehicles shall be removed from the premises. Staff and / or patrons are required to park in marked parking areas along 125th Street and Jamaica Avenue at all times. 6. MINIMUM CRITERIA A. Equipment 1. The Management Firm shall provide a list of inventory and availability of a variety of vessels including single kayaks, double kayaks and some canoes or stand-up paddleboards that would be dedicated to the Northside Park site. 2. The Management Firm shall provide personal floatation devices for all participants for every vessel that is rented. 3. The on site manager shall need to be equipped with a cell phone and a first aid kit for their use. Use of Recreation & Parks Department phone for other than emergency purposes are prohibited. B. Staff Experience 1. Minimum of three (3) years' experience by the Management Firm, managing public or private canoe and/or kayak rentals, preferably in the public sector.

2. Minimum of one (1) year experience managing public or private canoe and/or kayak rentals by the On Site Manager. 3. All Management Firm staff shall be required to pass a standardized Town background screening at the expense of the Management Firm. C. Qualifications and Certifications 1. Management Firm shall be a certified member of the ACA (American Canoe Association) and listed in the SEIC Registry (Safety Education Instruction Council). Management Firm must provide a copy of their current ACA certification. 2. The On Site Manager shall have received training specifically geared toward teaching canoe and/or kayak in public recreation environments. Evidence of training by an employer who operates public recreation programs or evidence of attending ACA workshops on the subject are some, but not the only, examples that a Management Firm may present. 3. Management Firm shall demonstrate an experience record of success directing a canoe and/or kayak program. 4. Management Firm shall have directed a canoe and/or kayak concession in the State of Maryland and be familiar with, and abide by, all applicable Maryland Department of Natural Resources and United States Coast Guard requirements for operating on the Assawoman Bay. 5. Management Firm shall provide complete resume or history of firm and all its principals, including the most recent contracts within the past year. 6. Management Firm shall have a minimum of (3) three years experience managing canoe and/or kayak outings. On site Manager must have minimum of one (1) year experience managing public or private canoe and/or kayak rentals. 7. EVALUATION OF PROPOSALS AND AWARD OF CONTRACT A. The contract will be awarded to the canoe and/or kayak Management Firm offering the most advantageous proposal, taking into consideration all evaluation criteria as well as price. B. A thorough reference check will be performed by Recreation & Parks Staff to determine the qualifications and past history of canoe and/or kayak Management Firms previous contract(s) of comparable size. C. In evaluating proposals, the Town will consider the qualifications of only those Management Firms whose proposals are in compliance with the prescribed requirements. The Town reserves the right to reject any proposal if the evidence submitted by, or the reference check of such Management Firm, fails to satisfy the Town that the Management Firm is properly qualified to carry out the obligations of the contract. D. The Director of Recreation and Parks and the Superintendent of Parks shall evaluate all proposals and recommend the bidder to be selected by the Mayor and Council. E. In awarding the contract, the Mayor and Council may take into consideration the quality, durability, aesthetics, style, materials, appropriateness and intended functions of the vessels and equipment; the skill, facilities, capacity, experience, ability, responsibility, reputation, previous work and financial standing of the bidder; the period of time within which the services are to be furnished; and the necessity of prompt delivery of items described herein. The

inability of any bidder to meet the requirements mentioned above may be cause for rejection of this proposal. 8. PROPOSAL SUBMISSION REQUIREMENTS A. Price Proposal. Management firm's fee (defined dollar amount) to be paid to the Town shall be submitted on the Bid Forms. An authorized representative of the Management Firm shall sign these completed forms. B. Technical Proposal. Management Firm's technical proposal shall be signed by a duly authorized representative of the Management Firm and submitted with the Bid Form on Attachment A and shall include, but not be limited to, the narrative descriptions outlined on the five (5) sheets entitled Technical Proposal Minimum Criteria.

Attachment A: TECHNICAL PROPOSAL - MINIMUM CRITERIA (continued) 1. Minimum three (3) years experience or equivalent by the Management Firm managing public or private canoe and/or kayak rental concession and outings. List name of canoe and/or kayak rental concession, number of years managed, location and professional references to contact.

Name of Bidder:__________________________________ Date:_________________ Signature:_______________________________________

Attachment A: TECHNICAL PROPOSAL - MINIMUM CRITERIA (continued) 2. Minimum one (1) year experience by the on site Manager managing public or private canoe and/or kayak rentals. List name and background of the proposed on site Manger(s).

Name of Bidder:__________________________________ Date:_________________ Signature:_______________________________________

Attachment A: TECHNICAL PROPOSAL - MINIMUM CRITERIA (continued) 3. Proposed maintenance plans, including start-up, on-going maintenance and shutdown procedures.

Name of Bidder:__________________________________ Date:_________________ Signature:_______________________________________

Attachment A: TECHNICAL PROPOSAL - MINIMUM CRITERIA (continued) 4. Provide a set of rules and regulations, proposed vessel inventory, as well as pricing structure & services offered for the canoe and/or kayak rental at Northside Park.

Name of Bidder:__________________________________ Date:_________________ Signature:_______________________________________

Attachment A: TECHNICAL PROPOSAL - MINIMUM CRITERIA (continued) 5. Plan to provide additional incentives to increase the amount of use by Ocean City residents, by youth and seniors and to increase community spirit and public awareness of the canoe and/or kayak launch site as a community resource. Describe below the actions and programs that will be undertaken to provide for incentives that will allow continued growth of canoe and/or kayak rentals and outings.

Name of Bidder:__________________________________ Date:_________________ Signature:_______________________________________

NOTICE TO PROCEED
To: Date:

Re: Northside Park Canoe and/or Kayak Rental Concession You are hereby notified to commence WORK in accordance with the Agreement dated _______________ on or before _______________ you are to complete the WORK within the concession period specified in the contract documents. The date of completion of all WORK is therefore: _______________, 20___.

TOWN OF OCEAN CITY By: ___________________________ David L. Recor, City Manager

NOTICE TO PROCEED
Receipt of the above NOTICE TO PROCEED is hereby acknowledged by ________________________________________________________________, this the _______________ day of ______________________, 20_____. By_______________________________ Title _____________________________

S:\Share\Cal\CanoeKayakRFP\NSP Canoe & Kayak Rental Concession Final 10/16/2013

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 21, 2013 6. CONSENT AGENDA A. Request Approval to Sole Source Purchase Replacement Fire Turnout Gear

25166

TOWN OF

The White Marlin Capital of the World

Agenda Item # Council Meeting 6A October 21, 2013

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 Fire Gear Replacement October 3, 2013 Request approval to sole source purchase replacement fire turnout gear. The Ocean City Fire Department is requesting approval to sole source purchase twenty (20) sets of fire gear. The gear is consistent with equipment currently in use and costs will be split between the Volunteer and Career Divisions at 5 sets each. Total cost for the turnout gear is $24,400. This is a budgeted line item in both the Volunteer and EMS budgets. Approve sole source purchase of fire gear. Do not purchase at this time. Chris Shaffer, Assistant Fire Chief Jennie Knapp, Budget Manager 1) Fire Gear Specification 2) Sole Source vendor letter

ISSUE(S):

SUMMARY:

FISCAL IMPACT:

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

Ocean City Fire Department Memorandum

To: From: Date: Re: Fire Chief Chris Larmore Assistant Chief Chris Shaffer October 3, 2013 Fire Gear Distribution List- D

Chief Larmore, I am requesting the purchase of ten (10) sets of replacement fire gear (5 for each Division). This is a budgeted item in both Volunteer and Career Division budgets. Gear is a sole source item, with Fire Chasers as the vendor of record. Cost per set is $2,420.00, with a total expenditure of $24,200.00.

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 21, 2013 6. CONSENT AGENDA B. Bid Award Recommendation for Chemicals

TOWN OF

The White Marlin Capital of the World

Agenda Item # Council Meeting 6B 10/21/13

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Catrice L. Parsons, Procurement Manager Chemical Bid Award Recommendation October 15, 2013 Annual Bid Award for Water and Wastewater Chemicals After staff review the recommendation to award is attached. Purchase chemicals at lowest price meeting specifications under budget guidelines on an as needed basis. To proceed with sealed bid award recommendation. Buy without awarding sealed bids. Catrice Parsons, Procurement Manager Bud Iman, Superintendent of Water Randy Bradford, Wastewater Asst. Superintendent 1) Award Recommendation from Catrice Parsons, Procurement Manager 2) Memo from Randy Bradford, Wastewater Asst. Superintendent 3) Bid Spreadsheet

ISSUE(S): SUMMARY: FISCAL IMPACT:

RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH:

ATTACHMENT(S):

TOWN OF

The White Marlin Capital of the World

MAYOR RICHARD W. MEEHAN CITY COUNCIL

Date: October15,2013 LLOYD MARTIN To: DavidL.Recor,ICMACM,CityManager President From: CatriceParsons,ProcurementManager MARY P. KNIGHT Secretary Subject: ChemicalBidsWater/WasteWaterDepartments BRENT ASHLEY I have reviewed the chemical bids that were acknowledged at the October 01st work DOUGLAS S. CYMEK DENNIS W. DARE session. The low bidder results are listed below. Carmeuse was the low bidder for Lime, JOSEPH M. MITRECIC however given their product does not meet Wastewater requirements, per Randy MARGARET PILLAS Bradford, we are disqualifying this vendor. Brenntag was the second lowest bidder for CITY MANAGER Lime;howeverthey useCarmeuselimesowearedisqualifyingthemaswell. Polydyneis DAVID L. RECOR, ICMA-CM the lowest bidder for Polymer, however they only provide yearly jar tests and we require CITY CLERK KELLY L. ALLMOND, CMC quarterlyjartestssowearedisqualifyingthisvendor. WaterDepartment: Univar: LiquidCausticSoda50%@$0.2945/drylb. Chlorine(1TonCylinder)@$19.40/cwt MarubeniChemicals: PotassiumPermanganate@$2.02/lb. JCI(JonesChemicals,Inc.): Chlorine(150lb.Cylinder)@$30.66/cwt Polydyne,Inc.: Polymer(PotableWater)ClariflocN3300P@$87.50/bag Clarifloc(R)A3320(50lb.Bag)@$77.50/bag WasteWaterDepartment: Univar: Chlorine(1TonContainer)@$19.40/cwt SulfurDioxide(Tons)@$40.00/cwt GeorgeS.CoyneChemical: HTH(100Lb.Pail)@$131.33/pail LiquidCausticSoda50%@$3.816/gallon SulfuricAcid66BE@$3.981/gallon PolymerChemtreatP838E(275galtotes)@$1.3893/lb. GreerLime: Lime(Tons)@$185.74 IntercoastalTrading: SodiumHypochlorite15%@$1.44/gallon I am requesting the chemicals be award as detailed above. The respective departments will purchase these chemicals out of their annual chemical budget. The prices were bid based on approximate amountsforbiddingpurposesonly.Thankyouforyourconsideration.
www.oceancitymd.gov
P.O. BOX 158 OCEAN CITY, MARYLAND 21843-0158 City Hall (410) 289-8221 FAX (410) 289-8703

2001

INTERDEPARTMENTAL MEMO
TO: FROM: SUBJECT: Catrice Parsons, Procurement Manager Randy Bradford, Wastewater Asst. Superintendent Wastewater Chemical Bid Awards
15 Oct 13

After review of the chemical bids relative to the Wastewater Department, my recommendation would be not to accept the bids from Carmeuse and Brenntag on the lime product. We feel that due to inconsistent quality of Carmeuses lime product, our operation suffered detrimental effects and increased costs of operation. Brenntag is getting their product from Carmeuse. We would like to exclude Carmeuse and Brenntag, and accept the bid from Greer Lime. We would also prefer to exclude the bid from Polydyne on the polymer product. The polymer bid specification clearly states that jar testing, performance testing, and quarterly service visits are required for the polymer product. None of this has been done, and the contact person on their bid is retired. Our recommendation is to continue with Coyne for polymer, since the bio-solid press operation had outstanding performance using their product last year.

FY'2013CHEMICALBIDS
WATERDEPARTMENT LiquidCaustic Potassm.Per Chlorine(1Ton Chlorine(150lb Soda50% manganate Cylinder) Cylinder) Polymer(PotableWater) ClariflocN3300P WASTEWATERDEPARTMENT PolymerChemtreat Sodium P838E(275gal Clarifloc(R)A3320(50 Chlorine(1 HTH(100Lb. SulfurDioxide LiquidCaustic Hypochlorite SulfuricAcid 15% 66BE totes) lb.Bag) TonContainer) Pail) (Tons) Lime(Tons) Soda50% NoBid NoBid NoBid NoBid NoBid $0.32 NoBid NoBid NoBid $2.02/lb $3.14 NoBid 2.13 NoBid NoBid NoBid NoBid NoBid NoBid NoBid NoBid NoBid NoBid NoBid NoBid NoBid NoBid NoBid NoBid NoBid NoBid NoBid NoBid NoBid NoBid NoBid NoBid NoBid NoBid NoBid $178.00 NoBid $136.00 NoBid NoBid NoBid NoBid NoBid NoBid NoBid $183.09 $179.99 NoBid NoBid $214.20(22 ton minimum) NoBid NoBid NoBid NoBid NoBid NoBid NoBid NoBid NoBid NoBid NoBid $1.989/gallon NoBid NoBid NoBid NoBid NoBid NoBid NoBid NoBid NoBid NoBid

Vendors
BioSafeSystems GeneralChemical SalChemical TilleyChemicalCompany AmericanInternationalChemical BrenntagNortheast,Inc. CarmeuseNaturalChemicals Chemrite,Inc. ColonyPoolService

Graymont KuehneCompany TidewaterProducts,Inc.

NoBid $0.45/lb NoBid

NoBid NoBid NoBid

NoBid $50.00/CWT NoBid

NoBid NoBid NoBid

NoBid NoBid NoBid BiddingMagnafloc $119.59/bag NoBid NoBid NoBid NoBid $87.50/bag NoBid

NoBid NoBid NoBid BiddingMagnafloc $108.59/bag NoBid NoBid NoBid NoBid $77.50/bag NoBid

NoBid $50.00/CWT NoBid

NoBid NoBid NoBid BiddingPrime C102@ $131.33/pail NoBid $173.00/pail NoBid NoBid NoBid $177/pail

NoBid NoBid NoBid

NoBid NoBid NoBid

NoBid NoBid NoBid

NoBid NoBid NoBid

NoBid NoBid $1.55/lbAlternate Product

GeorgeS.CoyneChemicalCo. GreerIndustries,Inc. IntercoastalTrading,Inc. JCIJonesChemicals,Inc MarubeniSpecialtyChemicals,Inc. PolydyneInc. Univar

NoBid NoBid $0.3140/lb NoBid NoBid NoBid 0.2945/lb

$2.0931/lb NoBid $4.04/lb NoBid $2.02/lb NoBid $2.99/lb

NoBid NoBid $55.00/phw NoBid NoBid NoBid $19.40/CWT

$75.08/cwt NoBid $88.00/phw $30.66/CWT NoBid NoBid $42.00/CWT

NoBid NoBid $55.00/phw NoBid NoBid NoBid $19.40/CWT

NoBid NoBid $84.50/phw NoBid NoBid NoBid $40.00/CWT

NoBid $185.74 NoBid NoBid NoBid NoBid NoBid

$3.816/gal NoBid $4.08/gallon NoBid NoBid NoBid 4.83/gallon

$1.658/gal NoBid $1.44/gallon NoBid NoBid NoBid NoBid

$3.981/gal NoBid $5.30/gallon NoBid NoBid NoBid NoBid

$1.3893/lb NoBid NoBid NoBid NoBid $1.15/lb NoBid

a.basedon24tonminimumload b.serviceprogramisincludedincost c.min.8drums/delivery d.min.21cylsdelivery e.min10pails/delivery f.min1000galsdelivery g.min400galdelivery h.22tonminnoSunday/Holidaydelivery I.min2totes

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 21, 2013 6. CONSENT AGENDA C. Request Approval to Solicit Bids for South End Beach Parcel Franchises

TOWN OF

The White Marlin Capital of the World

Agenda Item # Council Meeting 6C October 21, 2013

TO: THRU: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Kelly L. Allmond, City Clerk South end Beach Parcel Franchise Auction October 16, 2013

ISSUE(S):

Permission to hold a public auction for certain south end beach parcels, on Wednesday, December 4, 2013 @ 9:00 a.m., in the Council Chambers. A live auction is tentatively scheduled for Wednesday, December 4, 2013 at 9:00 a.m. for twenty-six (26) beach parcel franchises: South Division, Worcester, Somerset, Talbot, Caroline, North Division, and, 2nd, 4th, 5th, 6th, 8th, 10th, 11th, 14th, 15th, 16th, 17th, 18th, 20th, 21st, 22nd, 23rd, 24th, 25th, 26th and 27th Streets individually. Not all south end beach parcels are up for bid this year because the current operator opted for a second three-year term with a 10% increase to the annual fee.

SUMMARY:

FISCAL IMPACT: RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF: COORDINATED WITH:

To be determined Proceed with the Beach Equipment Franchise auction Defer to 0D\RUDQGCouncil Kelly L. Allmond, City Clerk Roger Baskerville, Accounts Payable Manager Sue Adkins, Accounts Receivable Manager Bid Packet 2013 Beach Equipment Franchise Auction

ATTACHMENT(S):

A public auction will be held on Wednesday, December 4, 2013 at 9:00 a.m., in the Council Chambers of City Hall located on 301 Baltimore Avenue in Ocean City, Maryland for the following south end beach parcel franchises:

Notice of Live Auction Beach Equipment Parcel Franchises

S. Division Street Worcester Street Somerset Street Talbot Street Caroline Street N. Division Street 2nd Street

4th Street 5th Street 6th Street 8th Street 10th Street 11th Street 14th Street

15th Street 16th Street 17th Street 18th Street 20th Street 21st Street 22nd Street

23rd Street 24th Street 25th Street 26th Street 27th Street

ON AUCTION DAY, the successful bidder shall: (1) Provide satisfactory proof of identity and legal age (i.e. Drivers License or Governmentissued Photo ID) (2) Pay a Five Hundred Dollar ($500.00) deposit for each successful bid. Please bring cash, cashiers checks or certified checks payable to the Mayor and City Council. PERSONAL CHECKS NOT ACCEPTED. (3) Sign a statement authorizing the Mayor and Council to make inquiry of personal background, financial and credit worthiness. On the dates specified below, the successful bidder shall: (1) Submit a personal Credit Report on or before Monday, December 9, 2013 (2) Pay 20% of the annual fee for each parcel, less the $500.00 deposit, on Monday, December 9, 2013. (3) Obtain, at the operator's own expense, comprehensive general liability insurance coverage and products liability insurance coverage in at least the amount of $1,000,000.00 combined single limit, which insurance coverage shall name the Mayor and City Council as an additional insured, and a certificate of insurance evidencing such coverage shall be furnished to the Mayor and City Council by the operator and be approved by Ocean City's City Clerk before contract endorsement. (4) Sign a threeyear contract (2014 2016) for each parcel. To request a bid packet, contact the City Clerks Office at 4102898824 or email kallmond@oceancitymd.gov.

TOWN OF OCEAN CITY 1ST TERM BEACH EQUIPMENT FRANCHISE AGREEMENT FOR PARCEL
THIS FRANCHISE AGREEMENT made this ________day of _________________, 2014, by and between the Mayor and City Council of Ocean City, Maryland, a Maryland municipal corporation, hereinafter called and referred to as the "City" and First_Name Last_Name, hereinafter called and referred to as "Operator."

WITNESSED: that for and in consideration of the premises, and of the rights herein this agreement granted, and of the sums of money herein this agreement stated, the "City" and the "Operator" do hereby covenant and agree as follows: THAT the "City" agrees: 1. That the operator shall have the right to rent to the PUBLIC, subject to the terms and conditions hereinafter stated, beach equipment on the Public Beach areas of Parcel for a term commencing with the date hereof and terminating on the 29th day of October 2016. That as long as the "Operator" performs as herein stated and pays the sums hereinafter in this agreement specified when said sums are due and conducts his business in accordance with the terms of this Franchise Agreement and in accordance with the provisions of Chapter 39 of the Code of the Town of Ocean City (said Chapter 39 hereby being incorporated by reference), and in accordance with the lawfully adopted regulations of the MEDIATION BOARD, the "City" will not grant the right to rent beach equipment to the public on said Parcel to any other person or operator. That provided the "Operator" is not in default or otherwise in violation of any terms of the franchise, said "Operator" shall have an option to renew any franchise(s) for one additional threeyear term upon the same terms and conditions of the franchise except that the annual franchise fee shall be 10 percent greater than the annual franchise fee for the initial term. If said "Operator" elects to exercise this renewal option, it must be done in writing to the City Clerk before the end of the second year of said initial term. That the "City" acknowledges receipt from the "Operator" which said sum represents 20% of the first annual Franchise fee. To pay the annual bid price as follows: 20% of the first annual fee being heretofore paid; an additional 40% of said first annual fee payable on or before July 15th, and the remaining 40% to be paid on or before August 15th. Thereafter, for the remaining years of the term of the annual fee will be paid by paying to the "City" 20% of said annual fee by January 1st of the year prior to the summer season, and 40% on or before July 15th and the remaining 40% on or before August 15th. The "Operator" further covenants and agrees to pay to the "City" the total Franchise fee which is the sum of the annual Franchise fee multiplied by the number of years in the term. The operator agrees to pay the annual franchise fee of M_2013_Annual at the times aforesaid and to pay the total sum, in installments as aforesaid, for the remainder of the 3 Year term of this agreement. No request for any extension of time for any payment shall be considered unless made in writing and delivered to the City Manager's office prior to the due date. To comply with all the provisions and conditions of Chapter 39 of the Code of the Town of Ocean City (as from time to time amended by Ordinance) and the regulations heretofore adopted by the MEDIATION BOARD or which may be hereafter lawfully adopted by the MEDIATION BOARD. (A copy of said regulations is attached hereto and is made a part hereof by reference.) The "Operator" by entering into this agreement hereby acknowledges that he has knowledge of the aforesaid Chapter 39 and regulations and hereby expressly waives any and all rights or defenses he might now have or hereafter acquire by reason of the "Operator" not having read or understood the aforesaid Chapter 39 or Regulations. To protect and hold harmless the "City" indemnifying and holding it harmless from any liability from claims arising from the operator's activities at the parcel including attorney fees and related costs of defense. That the "Operator" shall conduct the business of renting beach equipment and shall conduct no other business under the rights granted by this franchise agreement. That any representative of the "City" shall have access to the Parcel at any and all times. That he, the "Operator," shall not conduct or attempt to conduct any beach equipment rental business on any parcel other than the one hereinbefore described. That no alcoholic beverages will be consumed or kept, by the Operator, its agents or employees, within the Parcel hereinbefore described.

2.

3.

4.

THAT the "Operator" agrees: 1.

2.

3.

4.

5. 6. 7. 8. 9.

10. To post prices as required by the City Code.

Page 2 of 3 Parcel 1st Term Last_Name, First_Name

11. To operate the business of Beach Equipment rentals at no other location than those specified in Chapter 39 and by the Regulations of the MEDIATION BOARD and to be open for business during the time and times specified in the aforesaid Ordinance. 12. To comply with all Town, County, State, or Federal laws and regulations. 13. That the "City" has not designated the limits of Private Beach property and that the "Operator" hereby assumes the responsibility for trespass, if any, on private property. "No operator shall place any of his rental or other equipment on private property after having been directed not to do so by the private property owner or his agent." 14. That the "Operator" shall be familiar with the provisions of easements, if any, granted in reference to this parcel and agrees to be bound by any limitations or conditions, if any, of any such easements, including but not limited to provisions restricting or limiting the operation of "Operator's" business. 15. That the "Operator" shall be solely responsible for any losses incurred as a result of any Acts of God. That the "City" shall not abate any payments due under this agreement because of any Acts of God. Acts of God shall include but not be limited to: beach erosion; wind, rain, or other adverse weather; fire; earthquake; oil spills or oil on the beaches, etc. 16. That the "Operator" acknowledges any default of a franchise fee for this parcel will result in the revocation of all other beach equipment rental franchise agreements held in Operator's name. 17. That the terms and provisions of any other franchise agreement and negotiations on the price or payments or negotiations in reference to the default of provisions of any other agreement shall have no effect on this Franchise Agreement. AS WITNESS the hand and seal of the "Operator" and witness the hands of the Mayor and President of the City Council, with the corporate seal of the municipality affixed hereto as of the day and year first above written.

ATTEST:

"CITY"

_________________________________ Kelly L. Allmond, City Clerk WITNESS: __________________________

Mayor and Council of the Town of Ocean City, Maryland ________ Date

__________________________________ Richard W. Meehan, Mayor

___________________________________ Lloyd Martin, Council President

_________ Date

"OPERATOR"

____________________________________ First_Name Last_Name Parcel

________ Date

 REGULATIONS OF THE BEACH MEDIATION BOARD The following regulations are adopted pursuant to the provisions of Chapter 39, Article II of the Code of the Town of Ocean City, MD REGULATION NO. 1 QUORUM Three members of the Mediation Board shall constitute a quorum. REGULATION NO. 2 INVESTIGATION The Board shall have the power to conduct investigations and inspections and may designate the Boards Administrative Assistant. REGULATION NO. 3 ADMINISTRATIVE ASSISTANT The City Clerk of the Town of Ocean City is hereby designated as the Boards Administrative Assistant. REGULATION NO. 4 ATTORNEY The Board may at any time request the presence of an attorney from the office of the City Solicitor at their meetings and may utilize said office for legal services and advice. REGULATION NO. 5 SOLICITATIONS No operator shall solicit on the Boardwalk, in any other operators parcel, or beyond fifteen feet from stand locations. REGULATION NO. 6 STORAGE AND STANDS: Each operator shall be allowed to construct containers and a beach stand. All stands shall be as uniform as possible. The design of said stands and containers shall be subject to the approval of the Mayor and City Council. The container boxes will be no larger than four feet wide, eight feet long, and four feet deep. The A frame rack (stand) shall be no wider at the base that six feet, no longer than eight feet and no higher than six feet. They shall be soundly constructed of wood, painted Ocean City Blue and in good repair. They shall not be located on the Boardwalk. Each operator shall be limited to one (1) stand and four (4) containers at each parcel. All stands and containers shall be located at the street end of each parcel or at the midpoint of the parcel, if there is no street end. Equipment may be stored in said containers and racks at operators risk. REGULATION NO. 7 SIGNS AND ADVERTISEMENTS Each stand or container is required to have two (2) signs designating the franchisees name, address and phone number and the rental price list of all items rented at the respective stand identifying the amount per item and the duration of rental. Optional information may include operators trade name. The design and content of each sign shall be subject to the approval of the Board, but in no event shall a sign exceed dimensions of twentyfour by twentyfour (24 x 24) inches. The required information must be a minimum of one inch (1") block lettering, color black on a white sign surface. The required sign is to be displayed on both the north and south sides of the stand or container. An optional sign of identical designations is also permitted on the east or west side of the stand or container. REGULATION NO. 8 COMPLAINTS AND PENALTIES Complaints must be in writing, in respect to operators from any interested party requesting a hearing in reference to said complaint. Upon receipt of said request, the Board shall refer the alleged violation the City Clerk who shall cause an investigation for verification of the alleged violation. Upon investigation and upon reasonable belief that the violation exists or did occur, written notification of said violation shall be handdelivered to the operator or attendant and sent via regular mail to the beach parcel operator. The operator or attendant must sign a copy of the handdelivered notice to acknowledge receipt. The notice shall advise the operator he has fortyeight (48) hours to correct the violation. If the violation continues, a hearing shall be scheduled within five (5) days. The beach parcel operator shall be notified of such hearing, in writing, both handdelivered to him or the attendant and sent via regular mail. The hearing conducted by the Board shall be taped or otherwise recorded. Upon such hearing, if the Board concludes that such violation has occurred or is occurring, the Board may impose a fine of not less that $25.00 nor more than $100.00 for each violation or suspend the franchise for up to seven (7) days. Any party aggrieved by the decision of the Board may appeal the same to the Mayor and City Council. The appeal shall be on the record, and the decision of the Board may be affirmed, reversed or modified. If the beach parcel operator defies the action of the Board (or Mayor and Council, after appeal) or continues the violation, then, in that event, upon verification, the Board shall refer the same to the Mayor and City Council for possible revocation. The Mayor and City Council shall schedule a hearing at a regularly scheduled Council meeting. The beach parcel operator shall be notified, in writing, both handdelivered to him or the attendant and via regular mail, of the hearing date and the alleged violation(s). Upon such hearing, the Mayor and City Council may further fine, suspend, or revoke the franchise if it determines that the violation(s) or is (are) occurring. REGULATION NO. 9 CONDUCT OF HEARINGS The conduct and procedure of hearings before the Board shall be as follows: A. The meeting shall be opened by the Chairman who shall then give a short statement outlining the nature of the complaint being heard and identifying the parties. All parties being heard shall be sworn. B. The complaining party shall then be allowed no more than fifteen minutes to address the Board in reference to his complaint. C. The operator shall then be allowed no more than fifteen minutes to address the Board in rebuttal. D. All points of contention and all questions by either party shall be addressed to the Board. The Board may, if necessary, then request answers from the appropriate party. E. Closing statements, if necessary, shall be limited to five minutes each, with the complaining party closing first. F. The chairman shall then call the meeting to a close and the Board shall retire, if necessary, and make a finding or defer finding. The parties shall be promptly notified of the actions of the Board. REGULATION NO. 10 HARDSHIP In case of hardship, variations from the exact terms of these regulations may be requested from the Board.

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Ocean City, Maryland, Code of Ordinances >> PART II - CODE OF ORDINANCES >> Chapter 39 FRANCHISES >> ARTICLE II. - BEACH EQUIPMENT RENTAL >>

ARTICLE II. - BEACH EQUIPMENT RENTAL

Sec. 39-21. - Title. Sec. 39-22. - Definitions. Sec. 39-23. - Franchise system. Sec. 39-24. - Mediation Board. Sec. 39-25. - Operation of stands generally; duties of operators. Sec. 39-26. - Termination or revocation of franchise; abandoned locations. Sec. 39-27. - Prohibited acts. Sec. 39-28. - Provisions relating to limitations of franchise ownership interest. Sec. 39-29. - Private rentors. Sec. 39-30. - Assignment of franchise. Sec. 39-31. - Insurance. Secs. 39-3239-50. - Reserved.

Sec. 39-21. - Title.

This article shall be known as the "Beach Equipment Rental Franchise Ordinance."
(Code 1972, 26-1)

Sec. 39-22. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Annual bid price. The amount of the bid divided by the number of years of the term. Beach, private. The area east of the beach replenishment project line, as defined in section 30-81, and west of the mean high-water mark of the Atlantic Ocean, which is part of a now existing platted lot or lots under exclusive private ownership. This definition does not include any area east of the easterly boundaries of the platted lots, nor does it include the area within the bed of any street or alley in which Ocean City has an interest, whether by deed, dedication and acceptance thereof, or by dedication without acceptance, nor does it include any area described on a recorded plat as "beach," "beach area," "avenue" or like name, nor does it include any privately owned lot over which Ocean City possesses an easement or right-of-way. Beach, public. Includes all areas west of the mean low-water mark of the Atlantic Ocean and east of the easterly boundary line of any privately owned property, and in any event includes all areas east of the now existing boardwalk; all areas east of the westerly right-of-way line of Atlantic Avenue as such avenue is shown on the plat of the Sinepuxent Beach Company of Baltimore City; all the beds of any platted streets east of the aforementioned beach replenishment project line, whether or not prior hereto conveyed to Ocean City or dedicated with or without acceptance; all areas east of the mean high-water mark of the Atlantic Ocean; all areas marked "beach," "beach

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area," "avenue" or like name on any recorded plat of any land within the corporate limits of Ocean City; or any land shown on any such plats as being located between the mean high-water mark of the Atlantic Ocean and the easterly boundaries of any platted lots. Franchise. The exclusive and sole right to operate a beach equipment business, subject to the provisions of section 39-29. Franchise area. The area for which an operator is granted a franchise. Franchise fee. The yearly sum bid by any respective operator for any respective parcel. Mediation Board. The board created and empowered as specified in this article, which board shall have concurrent jurisdiction to regulate the beach equipment rental franchise system, subject to the terms and conditions specified. Operator. The owner of a franchise, who shall be one or more individuals, each of whom shall acknowledge and sign the BID form pursuant to section 39-23(3). In the event of an assignment or other change in individuals, each new owner shall provide references and acknowledge and sign the BID form. Private rentor. Those rentors who qualify as such under section 39-29. Reference. Credit and bank references, as required in this article. The reference reports are hereby declared to be privileged and confidential, and not subject to public inspection pursuant to section 10-615(1) and section 10-617(d)(3) of the State Public Information Act. System. The beach equipment rental franchise system.
(Code 1972, 26-2; Ord. No. 1996-6, 4-15-1999)

Sec. 39-23. - Franchise system.

There is established and created the beach equipment renal franchise system of Ocean City. Such system is established as follows: (1) Division of public beach into parcels. For the purpose of this division, the area within the corporate limits herein defined as "public beach" is hereby parceled and subdivided into various parcels, as hereinafter set forth, and each parcel shall be a separate franchise area. Parcel regulations. Ocean City shall and does hereby restrict the rental of beach equipment within each such parcel to the operator who holds the franchise for the parcel. No other person shall rent beach equipment within the parcel except the operator or his employees, nor shall any private renter, as defined in this article, or his employees, carry on or emplace any beach equipment in such area. These restrictions do not prohibit a patron from renting beach equipment from one parcel's franchisee and placing said equipment upon another parcel. Bidding and payment of fees. a. Franchises shall be obtained by a process and procedure of public bidding. The respective operator or potential operator will obtain his franchise by submitting, pursuant to the advertisement as hereinafter described, a sealed bid, on forms provided by the City Clerk, which shall identify the parcels being bid. In lieu of the sealed bid process, the Mayor and City Council may conduct

(2)

(3)

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b. c.

a public auction of the franchises in such manner and upon such terms and conditions as it may determine. Corporations are prohibited from bidding. The bidder must be a natural person. Each sealed bid shall be presented in the form and the successful bidder at a public action shall present the form, as follows: 1. $____________ per year, for a total of $____________ for the threeyear term of the franchise. 2. The source of my funds for the initial franchise payment tendered herewith is as follows: (i) Credit references: (applicant shall list at least two with full names, addresses, telephone number and contact person). (ii) Bank reference: (applicant shall list at least one with full name, address, telephone number and contact person). 3. I do hereby agree to and authorize Mayor and City Council of Ocean City to make inquiry of my personal background, financial, credit worthiness and my credit report; and by my signature hereto, I do hereby authorize and empower those listed as credit references and bank references to release to the Mayor and City Council of Ocean City any information pertaining to my personal background, financial and credit worthiness, and for the Mayor and City Council of Ocean City to obtain a copy of my credit report. 4. I do hereby certify that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other Bidder or with any competitor. I do hereby certify that I have no financial interest, direct or indirect, in any other Ocean City beach equipment rental franchise, except as fully disclosed and permitted by this chapter of the Code of Ocean City; and that there are no other persons financially interested, direct or indirect, in this BID, except as fully disclosed and permitted by this chapter of the Code of Ocean City. (All persons must sign (7)) I do hereby solemnly declare (or I hereby affirm) under penalties of perjury that the information and statement above made are true and correct to my knowledge and belief.
_____ (signature)"

5.

6.

7." _____ (Name-hand written)

d.

Each sealed bid shall be accompanied by a cashier's or certified check payable to the Mayor and City Council of Ocean City in the sum of 20 percent of the annual bid price rounded up to the next whole dollar. At a public auction, each successful bidder shall tender a cashier's check or certified check payable to the Mayor and City Council in an amount as advertised prior to the auction for each parcel. Within three business days from the date of the auction, the successful bidders shall tender a cashier's or certified check payable to the Mayor and City Council of Ocean City for the difference between the amount tendered at the auction and 20 percent of the successful bid amount. The

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e.

f.

Mayor and City Council of Ocean City may reject any and all bids for any reason it deems appropriate, and may rebid upon such terms, conditions and manner it deems appropriate. The successful bidder's 20 percent shall be retained, as the annual franchise fees shall be payable for the first year as follows: 20 percent at the time of bidding, an additional 40 percent of the annual fee on July 15, and the remaining 40 percent of the annual fee on August 15. For years subsequent to the year of bid, but included in the bid, the first payment of 20 percent of the annual franchise fees for any respective year shall be paid on or before January 1 of said year.

g.

(4)

Such advertisement shall indicate the term of years for which a franchise is to be granted for any respective parcel. h. Provided the operator is not in default or otherwise in violation of any terms of this article, the operator shall have an option to renew any franchise(s) for one additional three-year term upon the same terms and conditions of the franchise except that the annual franchise fee shall be ten percent greater than the annual franchise fee for the initial term. If the operator elects to exercise this renewal option, it must be done, in writing to the City Clerk before the end of the second year of said initial term. Franchise areas and terms. The franchise areas shall be designated as three sections: North Section, Mid Section and South Section. a. The North Section shall include all franchise areas from the Delaware-Maryland line to 84th Street as follows: 1. Beginning at the midpoint of the block at 84th Street on the south, extending north to include 85th Street, 86th Street and the midpoint of 87th Street. Beginning at the midpoint of the block at 87th Street on the south, extending north to include 88th, 89th, 90th Streets and to the north side of 91st Street. Beginning at the south side of 92nd Street, extending north to include 93rd and to the north property boundary of the 9400 Condominium. Beginning at the south property boundary of the Flying Cloud Condominium, extending north to include the Pyramid and to the north property boundary of the Plaza Condominium. Beginning at the south property boundary of the Century I Condominium, extending north to include the English Tower and to the north property boundary of the Marigot Beach Condominium. Beginning at the south property boundary of the Atlantis Condominium, extending north to include the Quay and to the north property boundary of the Golden Sands Condominium. Beginning at the south property boundary of the Capri Condominium, extending north to include the Irene and to the north property boundary of the Rainbow Condominium. Beginning at the south property of the High Point South Condominium, extending north to include the High Point North and to the north property boundary of the Seawatch Condominium.

2.

3. 4.

5.

6.

7.

8.

9.

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10. 11. 12. 13. 14. 15. 16. 17. 18.

Beginning at the south property boundary of the Fountainhead Condominium, extending north to include the Carousel Hotel Condominium and to the midpoint of 118th Street. Beginning at the midpoint of 118th Street, extending north to include 119th Street, 120th Street and to the midpoint of 121st Street. Beginning at the midpoint of 121st Street, extending north to include 122nd Street, 123rd Street and to the midpoint of 124th Street. Beginning at the midpoint of 124th Street, extending north to include 125th Street, 126th Street and to the midpoint of 127th Street. Beginning at the midpoint of 127th Street, extending north to include 128th Street, 129th Street and to the midpoint of 130th Street. Beginning at the midpoint of 130th Street, extending north to include 131st Street, 132nd Street and to the midpoint of 133rd Street. Beginning at the midpoint of 133rd Street, extending north to include 134th Street, 135th Street and to the midpoint of 136th Street. Beginning at the midpoint of 136th Street, extending north to include 137th Street, 138th Street and to the midpoint of 139th Street. Beginning at the midpoint of 139th Street, extending north to include 140th Street, 141st Street and to the midpoint of 142nd Street. Beginning at the midpoint of 142nd Street, extending north to include 143rd Street, 144th Street, 145th Street and to the Maryland/Delaware line at 146th Street.

b.

(5)

The Mid Section shall include all franchise areas consisting of one block each from the south side of 84th Street to and including all parcels either boundary of which is north of 27th Street. c. The South Section shall include all franchise areas consisting of one block, except for the southernmost franchise area which shall be two blocks, from the south side of 27th Street to and including all parcels either boundary of which is north of the Ocean City, Maryland, inlet. Regulation of operators. All operators shall be regulated by the terms and provisions of this division and by any regulations adopted by the Mediation Board with the approval of the Mayor and City Council. Stands and containers. Each operator shall be allowed to construct containers and a beach stand. All stands shall be as uniform as possible. The design of the stands and containers shall be subject to the approval of the Mayor and City Council. All stands and containers shall be located as follows: one location at the street end of the parcel or at the midpoint of the parcel, if there is no street end; except for the southernmost and northernmost parcels which shall have two locations, one at each street end; subject, however, to the provisions of section 39-29. Each operator shall be limited to one stand and four containers at each parcel. At the request of the operator and after receiving the recommendations of the Beach Mediation Board, the Mayor and City Council may grant permission for additional stands and containers at parcels. The location of the additional stands and containers on each parcel shall be subject to the approval of the Mayor and City Council. Rentals limited to operators. There shall be no license issued nor any beach equipment rentals allowed within the corporate limits of Ocean City except by operators of franchises, except as specified in section 39-29

(6)

(7)

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(Code 1972, 26-3; Ord. No. 1997-2, 3-17-1997; Ord. No. 1998-2, 3-16-1998; Ord. No. 1999-6, 3-15-1999; Ord. No. 2001-1, 2-5-2001; Ord. No. 2001-3, 3-5-2001; Ord. No. 2002-2, 3-12-2002; Ord. No. 2003-7, 3-17-2003; Ord. No. 2006-21, 8-21-2006)

Sec. 39-24. - Mediation Board.

(a) There is hereby established a mediation board consisting of four members. They shall be appointed by the mayor and approved by the council. The members of the mediation board shall be appointed for terms beginning and ending with the term of the appointing mayor, except, that the terms of the members shall not expire until their successors are duly appointed and approved. The Mediation Board shall immediately after appointment select a chairman and a secretary. Meetings shall be held at the direction of either of these members of the board. The duties and powers of the Mediation Board are as follows: (1) It shall receive complaints, in writing, in respect to operators from any interested party requesting a hearing in reference to the complaint. Upon receipt of the request, the board shall refer the alleged violation to the City Clerk who shall cause an investigation for verification of the alleged violation. Upon investigation and upon reasonable belief that the violation exists or did occur, written notification of such violation shall be hand-delivered to the operator or attendant and sent via regular mail to the beach parcel operator. The operator or attendant must sign a copy of the handdelivered notice to acknowledge receipt. The notice shall advise the operator he has 48 hours to correct the violation. If the violation continues, a hearing shall be scheduled within five days. The beach parcel operator shall be notified of such hearing, in writing, both hand-delivered to him or the attendant and sent via regular mail. The hearing conducted by the board shall be taped or otherwise recorded. Upon such hearing, if the board concludes that such violation has occurred or is occurring, the board may impose a fine of not less than $25.00 nor more than $100.00 for each violation or suspend the franchise for up to seven days. Any party aggrieved by the decision of the board may appeal the same to the Mayor and City Council. The appeal shall be on the record, and the decision of the board may be affirmed, reversed or modified. If the beach parcel operator defies the action of the board (or Mayor and Council, after appeal) or continues the violation, then, in that event, upon verification, the board shall refer the same to the Mayor and City Council for possible revocation. The Mayor and City Council shall schedule a hearing at a regularly scheduled Council meeting. The beach parcel operator shall be notified, in writing, both hand-delivered to him or the attendant and via regular mail, of the hearing date and the alleged violation. Upon such hearing, the Mayor and City Council may further fine, suspend, or revoke the franchise if it determines that the violation did occur or is occurring. (2) The Mediation Board shall advise the Mayor and City Council of all findings handed down by the board in any year prior to the time of advertisements for bids. If the Mediation Board finds that an operator has violated the terms of this article in two or more instances in any one year of his term, the Mediation Board shall recommend that the Mayor and City Council not accept any new bids from the operator. In such case, after receiving notice that an operator is not recommended, the Mayor and City Council may, at its sole option, reject any future bid submitted by the operator; or upon the recombination of the Beach Mediation Board, the Mayor and City Council may revoke or suspend the current license and/or franchise and/or any future bids from the franchise operator. (3)

(b) (c)

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The Mediation Board, if deemed warranted by the board, may, subject to the approval of the Mayor and City Council, establish maximum prices above which the operators may not charge for the rental of specific equipment. However, the Mediation Board should not set the maximum prices unless the board considers the prices for rentals of equipment are so exorbitant as to create a serious public need for price regulation. In any event, maximum prices may not be established until after an advertised public meeting is held in respect to the regulation of prices. (4) The Mediation Board shall receive, open at the designated time at a preannounced open meeting and review for sufficiency each bid and make recommendation of approval of the highest successful bid to the Mayor and City Council of Ocean City.

(Code 1972, 26-4; Ord. No. 1996-6, 4-15-1999; Ord. No. 2010-47, 1-3-2011)

Sec. 39-25. - Operation of stands generally; duties of operators.

(a) (b) (c) Operators shall be required to keep all areas within 50 feet of the stand and container location free and clear of all debris and trash of all types. No operator shall allow alcoholic beverages to be consumed by his employees while on the beach. No operator shall allow alcoholic beverages at his stand and container location. Except as hereinafter provided, no operator shall allow any of his beach equipment to be placed more than ten feet away from his stand on the beach prior to the time the renter of such equipment is actually on the beach. An operator shall be allowed to preplace ten umbrellas if on a three block parcel or five umbrellas if on a one block parcel. No operator shall preplace any other equipment, and it shall only be placed on the beach when the customer himself is on the beach. It may remain only so long as the renter or customer is utilizing the equipment, except that all equipment must be removed prior to 6:00 p.m. Upon the customer's leaving the beach, the operator shall make all efforts to promptly remove the equipment. This subsection shall apply equally to weekly customers. No operator shall allow the placement of any of his equipment east of a line established by the beach patrolman in his respective area; and in the event that no such line is established, no equipment shall be allowed east of the beach patrolman's stand. All operators and their employees shall obey all lawful orders of any policeman or beach patrolman of Ocean City. All operators shall maintain at least one stand at each street end of every parcel in the South Section, and it shall open no later than 10:00 a.m., Monday through Sunday, from June 1 through Labor Day of each year. All operators shall maintain at least one stand at each street end of each parcel in the North Section, and it shall open no later than 10:00 a.m., Monday through Sunday, from June 1 through Labor Day of each year. Each stand or container is required to have two signs designating the franchisee's name, address and phone number and the rental price list of all items rented at the respective stand identifying the amount per item and the duration of rental. Optional information may include operator's trade name. The design and content of each sign shall be subject to the approval of the board, but in no event shall a sign exceed dimensions of 24 by 24 inches. The required information must be a minimum of one-inch block lettering, color black on a white sign surface. The required sign is to be displayed on both the north and south sides of the stand or container. An optional sign of identical designations is also permitted on the east or west side of the stand or container. The stand or container shall be maintained in good condition. Sufficient equipment shall be available at each location to properly service the demands of the customers at the location. All equipment shall be maintained in good condition.

(d)

(e) (f)

(g)

(h)

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(i) (j)

No operator shall place any of his rental or other equipment on private property after having been directed not to do so by the private property owner or his agent. No operator shall place any of his rental or other equipment on the beach prior to May 1 of the current year. All rental equipment and beach boxes must be removed by October 1 of the current year. Any equipment not so removed will be subject to removal by Ocean City, at a cost of $100.00 to the operator, such removal to be at the risk of the operator. Ocean City will not be liable for any loss or damage incurred thereby. Storage boxes must be painted and in good repair before being placed on the beach. If not done after notice is given, Ocean City will make the repair and a fee will be assessed. Operators are required to make repairs to stands, containers and equipment either completely off-site or in the mediate area of the stand or container, but in no event is the operator allowed to make such repairs on the boardwalk, sea wall, public benches or other public areas. During the days operators are required to have stands open, the stands shall be opened and staffed from 10:00 a.m. until 5:00 p.m., except in cases of inclement weather which would make beach recreation impractical. No operator shall allow the placement of a stand, container, or equipment on a sand dune. Operators are allowed to rent up to five cabanas per block. As used herein cabana means a tent like nonpermanent structure which has at least one side open when placed in the sand. All cabanas must be placed behind the west edge of the lifeguard stand; and any cabana of a size in excess of 59 inches in width, 44 inches in height and 48 inches in depth must be placed at least 50 feet west of the west edge of the lifeguard stand. No cabana can be rented that exceeds 87 inches in width, 58 inches in height and 68 inches in depth.

(k) (l)

(m)

(n) (o)

(Code 1972, 26-5; Ord. No. 1996-6, 4-15-1999; Ord. No. 2001-1, 2-5-2001; Ord. No. 2002-2, 3-12-2002; Ord. No. 2010-12, 5-17-2010; Ord. No. 2011-3, 2-22-2011)

Sec. 39-26. - Termination or revocation of franchise; abandoned locations.

(a) (b) All franchises shall terminate at the expiration of their respective terms, unless otherwise extended by the Mayor and City Council, pursuant to subsection 39-26(b) hereof. Any franchise may be immediately revoked upon the nonpayment of the franchise fees when due, unless the time period is extended by the Mayor and City Council upon the franchisee's written request prior to the payment due date, and if approved, upon the payment of an extension fee of five percent of the unpaid balance due if payment is made within one to seven days of the due date or ten percent of the unpaid balance due if payment is made within eight to 14 days of the due date. If payment in full of the balance due and the extension fee is not paid by the 14th day following the due date, the Council may terminate the franchise and commence debarment proceedings. In addition thereto, upon extraordinary circumstances and good cause shown by the franchisee, the Mayor and City Council may grant such other relief as it deems appropriate. In the event that any stands are not maintained at the locations within each parcel as required, such locations shall be considered abandoned and may be withdrawn from any such operator's parcel, and the Mediation Board may, by regulation, allow a new operator to maintain a stand at the abandoned location for the remainder of the current season. The franchise for a parcel, within which a stand has been abandoned, shall terminate as of the end of the season, and such franchise for the parcel shall, after being duly advertised, be reoffered for bids. If a franchise is so terminated and reoffered for bids, the operator shall incur no further liability except as to franchise fees due in the season during which the stand is abandoned and the franchise terminated.

(c)

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(d)

If it is determined that an operator has caused or allowed any of his beach rental or other equipment to be placed on private property after being notified and/or warned not to do so by the private property owner, the Mayor and City Council may revoke and terminate the operator's franchise, offer the franchise for rebidding and award the franchise to a subsequent high bidder. Any operator who has his franchise revoked or terminated for this reason will not be eligible to bid on any franchises for a period of three years. Any operator whose franchise is so revoked and terminated shall not be entitled to any reimbursement for franchise fees paid prior to such revocation or termination.

(Code 1972, 26-6; Ord. No. 2000-24, 8-21-2000; Ord. No. 2007-27, 11-19-2007)

Sec. 39-27. - Prohibited acts.

Each of the acts described in this section are prohibited: (1) (2) (3) A violation of any of the terms and conditions of this article. The rental within the corporate limits of any beach equipment by anyone other than an operator or a private rentor regulated and limited by section 39-29 The placing or carrying of beach equipment in public beach areas by persons not operators or employees thereof or the use of some other person.

(Code 1972, 26-7)

Sec. 39-28. - Provisions relating to limitations of franchise ownership interest.

No operator or any other individual, corporation, partnership or company shall be permitted to hold more than 50 percent of the franchises for parcels within Ocean City. Ownership of a partial interest in other franchises shall, for the purpose of this section, be deemed as ownership of all of that franchise. Interest shall mean interest in partnerships, companies, joint ventures, ownership of stock of corporations and any other type of ownership or interest not specifically mentioned in this section.
(Code 1972, 26-8; Ord. No. 2008-21, 12-1-2008)

Sec. 39-29. - Private rentors.

(a) Provisional license. Any person other than a successful bidder within the corporate limits of Ocean City may apply for a provisional license to rent beach equipment upon paying the license fee provided in subsection (b) of this section and subject to the terms and provisions of subsections (b) and (c) of this section. License fees and applications. (1) The license fees for such private rentors shall be as follows: a. b. c. d. (2) Five hundred dollars rental fee per year, per each location at which equipment is rented. Ten dollars per year, per each umbrella to be rented at each such location. Ten dollars per year, per each surf mat to be rented at each location. Five dollars per year, per each chair, backrest or other beach items to be rented at each location.

(b)

Application for each license shall be made at the office of the City Clerk; and the applicant shall provide to the City Clerk, prior to the issuance of the license, a notarized statement indicating the following:

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a.

b. c. (3)

That the number of umbrellas, surf mats, chairs and other items for which he is applying for a license is correct and that, if he adds to the number of such equipment, he will immediately inform the City Clerk's office and pay the proper supplemental fee. That he will not use, nor allow his employees to use, the public beach for the placing of his equipment. That he will utilize only the property owned by him in the conduct of his business.

When a person applies for a license to operate a beach equipment rental business in an area of private beach, he shall first present as a part of his application a copy of the deed in which the applicant is the grantee, and shall include in the notarized statement required by subsection (b)(2) of this section an affirmation that he is the owner of the property. No licenses will be issued for locations on a private beach to anyone other than the owner thereof. Such a license shall be subject to all the provisions of this section.

(c)

Rules and regulations. (1) No private rentor shall cause or allow his employees to place any equipment rented from him on the public beach areas. No private rentor shall rent beach equipment within Ocean City without paying the fees and obtaining the license required under subsection (b) of this section. (3) All private rentors shall comply with section 39-25(a)(e). (4) Cabanas are prohibited from being placed on the beach. Suspension of private rentor's license. If the Mediation Board or its duly designated inspector discovers, upon inspection, a quantity of beach equipment on any private rentor's licensed premises in excess of the quantity for which the private license was issued, the Mediation Board shall immediately recommend to the Mayor and City Council that the license be immediately suspended. The Mayor and City Council may then, at its option, immediately suspend the license. (2)

(d)

(Code 1972, 26-9; Ord. No. 1994-7, 4-4-1994)

Sec. 39-30. - Assignment of franchise.

Assignment of the franchise agreement is prohibited without prior written consent of the City Clerk.
(Code 1972, 26-10)

Sec. 39-31. - Insurance.

(a) For the protection of the public and the Mayor and City Council, an operator must obtain, at the operator's own expense, comprehensive general liability insurance coverage and products liability insurance coverage in at least the amount of $1,000,000.00 combined single limit, which insurance coverage shall name the Mayor and City Council as an additional insured, and a certificate of insurance evidencing such coverage shall be furnished to the Mayor and City Council by the operator and be approved by Ocean City's City Clerk before the operator engages in the rental of beach equipment. Additionally, the operator shall execute an indemnity in favor of the Mayor and City Council of Ocean City indemnifying and holding it harmless from any liability from claims arising from the operator's activities at the parcel including attorney fees and related costs of defense.

(b)

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REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 21, 2013 7. MISCELLEANEOUS REPORTS AND PRESENTATIONS A. Announcement of Special Meeting on the Patient Protection and Affordable Care Act presented by Chris Norris, OC AARP President

TOWN OF

The White Marlin Capital of the World

Agenda Item # Council Meeting 7A October 21, 2013

TO: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Invitation to American Association of Retired Persons (AARP) Special Meeting October 15, 2013 AARP Special Meeting Christopher Norris, President of AARP Chapter 1917, will present details of a special presentation about the Patient Protection and Affordable Care Act on Thursday, November 14. This free event is sponsored by the Maryland Ocean City and Ocean Pines AARP Chapters and will feature speakers from the Department of Health and Human Services and the Governors Office on Health Reform.

ISSUE(S): SUMMARY:

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

Not applicable Not applicable Not applicable Not applicable Not applicable Event flyer

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 21, 2013 7. MISCELLEANEOUS REPORTS AND PRESENTATIONS B. Report from Independent Auditor presented by Graylin Smith of SB & Company, LLC

TOWN OF

The White Marlin Capital of the World

Agenda Item# Council Meeting 7B October 21, 2013

TO: THRU: FROM: RE: DATE: ISSUE(S): SUMMARY:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Martha Bennett, Finance Administrator Presentation of the audit by Graylin Smith, SB & Company, LLC October 16, 2013 Report from independent auditors of SB & Company, LLC Graylin Smith of SB & Company will present the audit on financial statements for fiscal year ended June 30, 2013, and regulatory requirements and standards for local government audits. None None None Martha J. Bennett, CPA, Finance Administrator Not applicable Communications With Those Charged With Goverance, For The Year Ended June 30, 2013

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

TOWN OF OCEAN CITY, MARYLAND COMMUNICATIONS WITH THOSE CHARGED WITH GOVERNANCE FOR THE YEAR ENDED JUNE 30, 2013 OCTOBER 21, 2013

Scope of Services
EXPERIENCE QUALITY CLIENT SERVICE

Audit of the June 30, 2013, financial statements Performance of the OMB Circular A-133 Single Audit - Opinions: Unmodified Convention Center Report

Reviewed Uniform Financial Report

Review of Data Collection Form Available for year-round consultation

SBC Risk-Based Audit Approach

EXPERIENCE QUALITY CLIENT SERVICE

Risk-based Audit Approach

Focus During this Stage - Identifying internal, external, and financial statements risks - Develop audit plans - Evaluate your controls and processes -Test your key controls - Evaluate your processes to report correct amounts - Evaluate reporting policies - Review financial statements for misstatements - Verify selected account balances - Obtain third-party verification - Professional standards requirements - Obtain representation - Evaluate results of audit procedures - Communicate results and prepare reports to issue

Single Audit Results

EXPERIENCE QUALITY CLIENT SERVICE
Major Programs Tested Major Program Urban Mass Transportation Capital and Operating Assistance Grants Disaster Grants- Public Assistance (Presidentially Declared Disasters) Total tested Total Federal awards Percentage tested CFDA Number 20.509 97.036 Federal Expenditures $ 1,360,106 678,418 2,038,524 $ 3,664,348 56%

Single Audit Opinion:

Unmodified

No material weakness Considered low risk auditee

Key Changes to Accounting for Pensions (GASB 67 and 68)

EXPERIENCE QUALITY CLIENT SERVICE

1.

Employer Liability Current Annual required contribution (ARC) Less: actual contributions Net pension obligation (NPO) New Total pension liability (TPL) Less: Fiduciary net position (FNP) Net pension liability (NPL)

2.

Actuarial Method Current guidance

Whatever actuarial method is used for funding 6 acceptable methods Must be applied within parameters defined by GASB

New guidance
No tie to actuarial method used for funding All employers will use the entry age method for accounting and financial reporting purposes (with service cost determined as a percentage of pay)

Key Changes to Accounting for Pensions (GASB 67 and 68)

EXPERIENCE QUALITY CLIENT SERVICE
(continued)

3.

Discount Rate Current guidance

Estimated long term investment yield for the plan, with consideration given to the nature and mix of current and expected plan investments

New guidance
Modification necessary if it is expected that FNP will not be sufficient to pay benefits to active employees and retirees Single blended rate equivalent to the combined effect of using the following rates: For projected cash flows up to the point the FNP will be sufficient For projected cash flows beyond that point, a yield or index rate on tax-exempt 20-year, Aa or higher rated municipal bonds

4.

Employer Liability (cost-sharing)

Current guidance
Liability only if employer contribution is less than the contractually required amount

New guidance
Liability equal employers proportionate share of total pension expense of all participating employers

Key Changes to Accounting for Pensions (GASB 67 and 68)

EXPERIENCE QUALITY CLIENT SERVICE
(continued)

5.

Amortization Background
Circumstances that could affect the net pension liability (NPL) Changes in benefit terms Changes in economic and demographic assumptions Differences between economic and demographic assumptions and actual experience (other than investment returns) Differences between expected and actual investments returns

Current guidance
Effect amortized over a period not to exceed 30 years

New guidance
Effect to be amortized over a much shorter period Different periods, depending on the circumstances

Regulatory Requirements and Standards for Local Government Audits

EXPERIENCE QUALITY CLIENT SERVICE

Audit Authority and Guidelines AICPA has authority for standards for all audits in the United States GAO has authority and established additional standards for entities receiving material Federal funds OMB establishes compliance for testing related to compliance with Federal grant dollars PCAOB supplemental requirements for audit of public

companies
Our audits comply with these guidelines Accounting and Reporting Authority and Standards for Financial Statements AICPA is the authoritative body to set standards for reporting and accounting AICPA has authority over:
FASB commercial reporting FASAB Federal government entities GASB state and local governments SEC supplemental requirements for public companies

Regulatory Requirements and Standards for Local Government Audits

EXPERIENCE QUALITY CLIENT SERVICE
(continued)

GASB Requirements for State and Local Governments Board consists of seasoned industry leaders and relevant members Establish a conceptual framework to ensure financial statements are useful for the various users Consistently looking at recommendations to ensure they are prescribing the best disclosures Understanding the State and Local Financial Statement

Requirements
Conceptual framework Reporting structure Financial statement and footnotes combined reports the financial position and operating results of the entity and one without the other is incorrect reporting

Regulatory Requirements and Standards for Local Government Audits

EXPERIENCE QUALITY CLIENT SERVICE
(continued)

Governments in Maryland Also governed by:

State of Maryland Uniform Financial Reporting Annotated code of Maryland Must follow the GFOA program for meaningful reporting to the public

Summary of Maryland State very involved in good financial reporting practices State is leader in the country State requires governments to follow standards and not follow purely on suggestions that do not focus on the due diligence and standards

Required Communications
EXPERIENCE QUALITY CLIENT SERVICE

1. Auditors Responsibilities Under Generally Accepted Auditing Standards (GAAS) The financial statements are the responsibility of management. Our audit was designed in accordance with auditing standards generally accepted in the United States of America, and provide for reasonable, rather than absolute, assurance that the financial statements are free of material misstatement. 2. Significant Accounting Policies Management has the responsibility for selection and use of appropriate accounting policies. In accordance with the terms of our engagement letter, we will advise management about the appropriateness of accounting policies and their application. The significant accounting policies used by management are described in the notes to the financial statements. 3. Auditors Judgments About the Quality of Accounting Principles We discuss our judgments about the quality, not just the acceptability, of accounting principles selected by management, the consistency of their application, and the clarity and completeness of the financial statements, which include related disclosures. We have reviewed the significant accounting policies adopted by the Town of Ocean City, Maryland (the Town) and have determined that these policies are acceptable accounting policies.

10

Required Communications
EXPERIENCE QUALITY CLIENT SERVICE
(continued)

4.

Audit Adjustments We are required to inform the Towns oversight body about adjustments

arising from the audit (whether recorded or not) that could in our
judgment either individually or in the aggregate have a significant effect on the entitys financial reporting process. We also are required to inform the Towns oversight body about unadjusted audit differences that were determined by management to be individually and in the aggregate, immaterial. There were no passed adjustments identified during the audit process.

5.

Fraud and Illegal Acts We are required to report to the Towns oversight body any fraud and illegal acts involving senior management and fraud and illegal acts (whether caused by senior management or other employees) that cause a material misstatement of the financial statements. Our procedures identified no instances of fraud or illegal acts.

6.

Material Weaknesses in Internal Control We are required to communicate all significant deficiencies in the Towns systems of internal controls, whether or not they are also material weaknesses. There were no material weaknesses noted during the audit.

11

Required Communications
EXPERIENCE QUALITY CLIENT SERVICE
(continued)

7.

Other Information in Documents Containing Audited Financial Statements

None.
8. Disagreements with Management on Financial Accounting and Reporting Matters None. 9. Serious Difficulties Encountered in Performing the Audit None. 10. Major Issues Discussed with Management Prior to Acceptance None. 11. Management Representations We have received certain written representations from management as part of the completion of the audit. 12. Consultation with Other Accountants To our knowledge, there were no consultations with other accountants since our appointment as the Towns independent public accountants. 13. Independence

As part of our client acceptance process, we go through a process to ensure we are independent of the Town. We are independent of the Town.

12

Required Communications
EXPERIENCE QUALITY CLIENT SERVICE
(continued)

14. Our Responsibility Related to Fraud Plan and perform the audit to obtain reasonable assurance that there is no material misstatement caused by error or fraud; Comply with GAAS AUC 240 Consideration of Fraud in a Financial Statement Audit; Approach all audits with an understanding that fraud could occur in any entity, at any time, by anyone; and Perform mandatory procedures required by GAAS and our firm policies.

Examples of Procedures Performed Discuss thoughts and ideas on where the financial statements might be susceptible to material misstatement due to fraud; Understand pressures on the financial statement results; Understand the tone and culture of the organization; Look for unusual or unexpected transactions, relationships, or procedures; Discussions with individuals outside of finance; Evaluate key processes and controls; and Consider information gathered throughout the audit.

13

Required Communications Fraud

EXPERIENCE QUALITY CLIENT SERVICE
(continued)

PRESSURE

Opportunity Generally provided through weaknesses in internal control Tone at the top is important We assess controls and tone at the top Pressure Pressure can be imposed due to economic troubles, personal vices and unrealistic deadlines and performance goals There are increased pressures due to economy and minimal salary increases Rationalization Individuals develop a justification for their fraudulent activities Increased rationalization due to minimal salary increases and less personnel

14

Responsibility for Mitigating Fraud

EXPERIENCE QUALITY CLIENT SERVICE

Management:
Financial Misconduct by Member(s) of Sr. Management of the Board

Fraudulent Financial Reporting

CFO/Controller: controls to deter and detect fraud

General Counsel/Compliance: monitoring

Costs & Expenses Avoided by Fraud Revenue & Assets Obtained by Fraud

Misappropriation of Assets

Expenditures & Liabilities for an Improper Purpose

Audit Committee: Evaluate management identification of fraud risk Evaluate implementation of fraud controls Reinforce tone at the top Conduct special investigations

External Auditor Evaluate management programs and controls to deter and detect fraud for identified risks Reasonable assurance that financial statements are free of material misstatement due to fraudulent financial reporting or misappropriation of assets Compliance with fraud standard (SAS 99) Conversations with finance and operations personnel Disaggregated analytics Surprise audit procedures Journal entry testing

15

SBCs Service Pledge to You

EXPERIENCE QUALITY CLIENT SERVICE

We will consistently deliver a Quality Product and Quality Service so that we have the opportunity to establish a Quality Relationship with the Town, allowing us to provide you with Quality Knowledge for your continual success. Only after we have provided you with the knowledge that enables your business to grow and prosper, we have hit the bullseye! Our commitment to you is the execution of our Bullseye Philosophy. We execute this philosophy for every client, on every engagement, every time.

16

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 21, 2013 7. MISCELLEANEOUS REPORTS AND PRESENTATIONS C. Presentation of the FY13 Comprehensive Annual Financial Report presented by Finance Administrator

TOWN OF

The White Marlin Capital of the World

Agenda Item# Council Meeting 7C October 21, 2013

TO: THRU: FROM: RE: DATE: ISSUE(S): SUMMARY:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager Martha J. Bennett, CPA, Finance Administrator Presentation of the Comprehensive Annual Financial Report (CAFR) and Report to Citizens October 16, 2013 FY13 CAFR and Report to Citizens Presentation of the CAFR and Report to Citizens for year ended June 30, 2013 by Martha J. Bennett, CPA, Finance Administator, which was prepared by the Finance Department. None None None Martha J. Bennett, CPA, Finance Administrator SB & Company, LLC 1) CAFR available on Finance website: www.oceancitymd.gov/Finance 2) Report to Citizens (summary of CAFR that will be mailed to Ocean City residents)

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

Town of Ocean City, Maryland

Report to Citizens
For Fiscal Year Ended June 30, 2013

Mayor Richard W. Meehan City Council Lloyd Martin, President Mary P. Knight, Secretary H. Brent Ashley Douglas S. Cymek Dennis W. Dare Joseph M. Mitrecic Margaret L. Pillas City Manager David L. Recor, ICMA-CM Finance Administrator Martha J. Bennett, CPA

Clean-up begins after Superstorm Sandy on October 31, 2012.

To the Citizens of Ocean City, Maryland, Superstorm Sandy struck the east coast on October 29, 2012, with the main storm surge and destruction in New Jersey and New York. While Ocean City had limited damage, the storm served to improve public and private awareness of the impact of hurricanes. Once an isolated fishing village, Ocean City evolved into an array of single-family homes, townhouses, motels, hotels, and luxury condominiums as well as diverse commercial areas that are all sensitive to severe storms. As detailed later in this report, the town government took important steps in the 2013 fiscal year to improve emergency preparedness and plan for the future. This report summarizes the Town of Ocean Citys finances showing how your tax dollars and service fees were used in the fiscal year ending June 30, 2013 and what we have and owe at year end. Our goal is to communicate the results of financial operations in a report that is straightforward and easy to read. The information presented in this report was taken from the Town of Ocean City Comprehensive Annual Financial Report for the year ended June 30, 2013, (the CAFR), which was prepared by the Finance Department. The financial statements in the CAFR, audited by SB & Company, LLC, give much more detail and disclosures and are prepared in a way that is accepted by the Governmental Accounting Standards Board. We invite you to read the CAFR that is available on the Towns website, www.oceancitymd.gov, or you may get a copy by contacting the Finance Department at 410-289-8858.

THE ECONOMY
A destination resort, Ocean City is nationally recognized as a clean and safe community for its residents, vacation homeowners and visitors with tourism as the basis of its economy. The Town has increased the advertising budget each year for the past five years, from $3.7 million in 2009 to $5.9 million in 2013. For the year ended June 30, 2013, room and restaurant sales were 2.7% above the prior year. The number of construction permits increased in 2013 at 1,660 compared to 1,525 in 2012. The estimated value of construction in 2013 was $36,287,285 compared to $35,460,786 in 2012. Several development projects were completed in 2013 including the 67th Street Town Center, a $5.5 million dollar commercial development serving the Sunset Island community. The Town relies on property taxes for 54% of its general fund revenues. Property tax revenues are directly impacted by the value of homes and new construction. Although the Town has a 3% assessment increase cap for owner-occupied homes, only 5% of properties are eligible for the cap. The assessed value of the remaining business properties, second homes and condominiums is at full market value and is highly sensitive to changing market conditions. As properties in the State of Maryland are assessed on a triennial system, property tax decreases were anticipated in 2013 and increases in values may lag behind other improvements in the economy. However, as the Town has maintained sound budgeting practices with a focus on multiyear planning and has received cooperation from the Towns two unions, the Towns financial position remains favorable.

MAJOR INITIATIVES Emergency Preparedness

As an Atlantic coastal community, Ocean City has historically suffered through severe hurricane and storm events. The Town of Ocean City has been formally training its employees on emergency preparedness since the 1980s. In 2006, Continuity of Operations Plans (COOP) was developed by departments and the Town conducts two COOP exercises each year with other government and nongovernment agencies. In October 2012, the importance of this type of training was apparent during Superstorm Sandy. Town officials along with Maryland State Highway, Maryland State Police, United States Coast Guard, State of Indiana Incident Management Team, Ocean City Community Emergency Response Team (CERT), National Guard, Delmarva Power, Comcast, Sandpiper Energy, Verizon, Worcester Emergency Services, Sussex Emergency Services, and Maryland Emergency Management Agency (MEMA) were present during and after the storm. Superstorm Sandy reinforced the thirty-two COOP Plans and interrelation in the overall response of the storm per Joe Theobald, Director of Emergency Services. On February 3 8, 2013, 75 employees attended the Integrated Emergency Management Course, which was hosted by The Federal Emergency Management Agency (FEMA) in Emittsburg, MD, at FEMAs Emergency Management Institute. Members of the City Council, department directors, management and essential personnel participated in executing plans, implementing policies and developing procedures to protect life and property during simulated disaster situations. This experience will not only benefit the employees who attended, but will benefit the community as a whole, Theobald said. We have a responsibility to prepare for, respond to, recover from and mitigate disaster. This training opportunity provided us an exceptional opportunity to continue our high standard of readiness and ability to function effectively for the Ocean city community in a time of crisis.

New Fire and Rescue Boat

The Town of Ocean City Fire Department received its fire and rescue vessel, Ocean City Fireboat 1 in June, 2013. The Ocean City Volunteer Fire Company (OCVFC) employed Band-Lavis Division of CDI Marine in Annapolis in 2008 to begin a study to determine the current responsibility and future needs of the Ocean City Volunteer Fire Company with regards to maritime fire and rescue. A task force was formed of the OCVFC, the United States Coast Guard, and Natural Resources Police who assessed the marine resources and developed a request for proposal and the project was bid. Moore Boats, LLC was awarded the bid and construction of the 35 foot vessel began. This collaboration took extensive research and planning. The vessel was built to meet the specific geographical needs of the Ocean City area and is capable of operating in water as shallow six inches, marshy or dense canals. It is also capable of pumping 1, 250 gallons of water per minute in the event of a fire and also has a 25 gallon foam system for use on flammable liquid fires. It has state of the art technology, which consist of radar, GPS, sonar depth finder, infrared camera, marine and fire department radios. The rescue equipment consists of EMS/Patient care equipment, rescue swimmer equipment, a 500 pound Davit System (a winch/arm system used to lift heavy objects out of the water), LED scene lighting and diver/rescue swimmer platform and ladder. Additionally, Moore Boat and Denny Sharp of High Tide Marine Construction donated the dock, lift and installation. The total cost for the construction of the boat was $539,825 with $150,000 from Department of Natural Resources from the Waterway Improvement Fund. Ocean City Fireboat 1 is unique in design, capability and functionality.

Walk Smart Safety Campaign

In 2013 the State of Maryland dedicated $400,000 to a new campaign to improve pedestrian safety. With a task force including Town officials, State of Maryland, State Highway Administration, Maryland State Police, Worcester County Sheriffs Office as well as others in the community, the campaign focused on enforcement, education and engineering. First, through enforcement, the Ocean City Police Department educated pedestrians and drivers who were not following the rules of the road. Second, through education, Crab the Lifeguard was adopted as the official logo for the campaign. The logo depicts the iconic Maryland crab dressed as a lifeguard who teaches the importance of roadway basics in a beach-friendly, family-fun tone. His Save Yourself! message teaches personal responsibility and directs people to use crosswalks, follow signals and exercise general street smarts. (logo seen above) Last, through engineering, traffic patterns were evaluated. Key intersection signals were retimed, turning movements at intersections were enhanced, No pedestrian crossing curb stencils were installed as well as signs in high pedestrian volume areas along Coastal Highway. The campaigned is featured on Ocean City transit, plane banners, boat billboard messages, roadside billboards, television and radio public service announcements. As of August 14, 2013, the Ocean City Police Department reported pedestrian accidents were reduced 56% in the three months of the campaign.

FINANCIAL INFORMATION
The financial information in this report distinguishes functions of the Town that are principally supported by taxes and intergovernmental revenues, governmental activities, from other functions that are intended to cover their costs primarily from user fees and charges and are utilities and business services. The governmental activities of the Town include general government, public safety, general public works and beach, sanitation and waste removal, highways and streets, economic development, recreation and culture, and construction of capital assets. The utilities and business services of the Town include water, wastewater, the Roland E. Powell Convention Center, transportation, the Ocean City Municipal Airport and Eagles Landing Golf Course.

Governmental Activities
Governmental activities such as police and public safety, solid waste collection, and community services are generally supported by taxes and revenues shared from the federal government, State of Maryland and Worcester County as the fees collected for each activity do not generally cover all expenses.
Where the Money Comes From
2013 REVENUES 2012 EXPENSES

Where the Money Goes

2013 2012

Program Revenues: Charges for current services $ 13,843,347 Operating grants and contributions 3,223,755 Capital grants and contributions 551,735 General revenues: Property taxes 41,425,378 Other taxes 15,069,904 Grants and contributions not restricted to specific programs 2,827,684 Other revenue 462,672 Total revenues $ 77,404,475

$ 13,475,814 2,805,472 42,509,186 14,649,416 3,093,926 927,938 $ 77,461,751

General government $ 1,118,606 Public safety 34,030,231 General public works and beach 5,315,570 Sanitation and waste removal 6,034,146 Highways and streets 7,157,008 Economic development - Tourism 8,055,355 Recreation and culture 7,685,116 Interest on long-term debt 1,640,586 Total expenses 71,036,618 Increase in net assets before transfers 6,367,857 Transfers to other funds (3,480,205) Increase in net assets $ 2,887,652

335,703 35,440,373 6,257,840 6,776,510 7,250,787 7,692,558 7,873,652 1,352,400 72,979,823 4,481,929 (3,205,769) 1,276,160

Revenue by Source - Governmental Activities

Other taxes 19%

Other 1% Charges for services 18%

Property taxes 53%

Capital/Operating grants and contributions 9%

The following graph indicates the service fees and expenses of governmental activities which shows the extent in which the governmental functions produce revenues to their program costs. Expenses not covered by direct program revenues and fees are covered primarily by taxes, licenses, and state and county-shared revenues. Program revenues and fees covered 24.8% of governmental expenses in FY-2013.

The Towns overall financial position improved in 2013, increasing $4,720,348 above 2012. The increase was primarily due to reduction of expenses for public works and solid waste. There were losses in businesstype activities of ($1,647,509) before transfers of $3,480,205 from the general fund resulting in an increase in net position of $1,832,696. In governmental activities there was an increase of $2,887,652 in net position. Total revenues remained stable in 2013, decreasing just 0.6% or $707,658 from 2012, while expenses decreased $1,541,320 or 1.4%. Public Safety is the largest governmental function with expenses of $34,030,231 in 2013, a 4% decrease from 2012, due to a decrease in cost for pension and workers compensation. It is comprised of the police department, $20,699,138, 60.8%; emergency medical services, $7,665,797, 22.5%; communications, $1,547,576, 4.6%; fire department, $1,303,030, 3.8%; fire marshal, $1,153,487, 3.4%; construction inspection, $659,932, 1.9%; emergency management, $615,468, 1.8%; and electronics, $385,803, 1.1%. With 24-hour operations, 207 of the Towns 524 full-time employees work in public safety. An additional 165 employees are hired in the summer season.

Unassigned Fund Balance

What is Fund Balance?
Fund balance is the difference between assets and liabilities for governmental funds and is a key measure of financial health. The Town of Ocean City subdivides fund balance into Restricted, Committed, Assigned, and Unassigned portions. The restricted and committed portions represent set-asides for existing obligations. The unassigned portion represents set-asides for future purposes and is available for emergencies. Think of the unassigned as the savings account of the fund. It is the Towns policy to have a minimum of 12 -15% of expenses in unassigned fund balance. At June 30, 2013, the percentage was 19.3%.

Utilities and Business Services

The Town operates two utilities and four businesses and accounts for their activities similar to businesses in the private sector. Operating revenues and expenses result from providing services and delivering goods. The Water Fund operates the water treatment plants and distribution system; the Wastewater Fund operates the sewage treatment plant, pumping stations and collection system; the Convention Center Fund accounts for the activities of the Roland E. Powell Convention Center; the Transportation Fund accounts for the operations of the Towns bus system and boardwalk trams; and the Airport Fund and Golf Course Fund account for the operations of the Ocean City Municipal Airport and Eagles Landing Golf Course. Fees and service charges are 73% of all revenues.

The following graph indicates the portion of expenses that are covered by service charges to customers for business-type activities. In water, wastewater, and golf funds, service charges or reserves cover all costs. The operations of the transportation, airport, and convention center recovered 45% of expenses from user charges.

Utilities and Business Services

2013 Where the Money Comes From: Charges for current services Operating grants and contributions Capital grants and contributions Other revenue Total revenues Where the Money Goes: Water Airport Wastewater Convention Center Transportation Golf Course Total expenses Increase (decrease) in net assets before transfers Transfers Increase (decrease) in net assets $ 27,936,713 3,627,269 1,988,370 146,360 33,698,712 6,428,575 1,906,293 11,710,740 5,221,549 8,007,909 2,071,155 35,346,221 (1,647,509) 3,480,205 $ 1,832,696 $ $ 2012 27,538,728 3,413,436 3,269,491 127,438 34,349,093 6,419,219 1,681,333 11,642,169 5,173,147 7,936,422 2,092,046 34,944,336 (595,243) 3,205,769 2,610,526

WHAT WE OWE
The Town borrows most of the money that it spends for major capital improvements by selling general obligation bonds or from loans that do not require collateral. The Towns bonds have interest rates from 1% to 5.6% and are paid from 10 to 20 years. At the end of 2013, the Town owed $89,368,447 in debt. $43,860,933 of the debt, or 49%, will be paid from service Why sell bonds? By selling tax exempt bonds, the Town obtains financing at a low fees from business-type activities and the tax on food and beverages. interest rate and spreads the cost of the At June 30, 2013, there was $7,474,542 reserved from food tax project over many years instead of adding the receipts to pay principal and interest on bonds for the convention total cost to your tax bill in one year. center included in the above amount. The remaining $45,737,265 in debt will be paid from general tax revenues. The Town has several pension plans that its employees participate in and has made a commitment to the employees to fund their future pensions. At April 1, 2013 the date of the actuarial valuation of the plans, the plans had an actuarial value of assets of $86,104,229 and an actuarial accrued liability of $105,462,619. This means that $19,358,390 still needs to be contributed to the plans. Employees contribute 5-8% of their pay to the plans and the Town plans to fund its portion of the liability over the next ten years. The Town has assets of $12,151,386 to fund retiree health benefits and an actuarial liability of $42,383,000. The unfunded actuarial liability is being funded over twenty-five years.

WHERE WE STOOD ON JUNE 30, 2013

The Towns statement of net positions provides a snapshot of where we stood financially on June 30 th, 2013, the last day of the fiscal year. Net position represents the Towns spendable resources and ownership (equity) in the assets that make up the Towns land, infrastructure, and buildings.
Governmental 2013 $ 38,536,189 88,696,464 127,232,653 48,737,265 9,149,521 57,886,786 53,768,043 165,000 15,548,344 69,481,387 Business-type 2013 $ 24,715,478 107,245,192 131,960,670 43,860,933 5,066,445 48,927,378 65,917,836 7,474,542 10,158,004 $ 83,550,382 Total 2013 63,251,667 195,941,656 259,193,323 92,598,198 14,215,966 106,814,164 119,685,879 7,639,542 25,706,348 153,031,769 Change from 2012 (7.7) % (1.3) (2.9) 0.6 (48.2) (10.6) 32.0 (69.1) (22.0) 3.2 %

Cash and current assets Capital assets Total assets (Owned)

Long-term liabilities outstanding Other liabilities Total liabilities (Debts) Excess of assets over debts: Invested in capital assets, net of debt Restricted for loans and food tax receipts Unrestricted Total Excess of Assets over Debts $

For additional information or questions contact:

Town of Ocean City Finance Department City Hall 301 Baltimore Avenue PO Box 158 Ocean City, MD 21843 410-289-8858

OPERATING INFORMATION FOR 2013

General Information: Construction permits issued Value of construction Solid Waste Trash Processed (tons) Wastewater Daily capacity (gallons) Summer average (gallons) Transportation: Bus passengers 1,660 $36,287,285 39,640 14,000,000 9,200,000 2,852,639 Fire and Emergency Services: Fire responses Ambulance responses Fire Safety Inspections/re-inspection Fire investigations Classified Fire Personnel Volunteer Firemen, Life Honor, Gold Badge Classified Emergency Medical Technicians Seasonal Emergency Medical Technicians 1,190 4,634 1,935 107 3 135 37 65

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REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 21, 2013 10 ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR A. First Reading Ordinance to Amend Chapter 110 Entitled Zoning (revises language to clarify parking space requirements for restaurant use within shopping centers)

TOWN OF

The White Marlin Capital of the World

Agenda Item # Council Meeting 10A October 21, 2013

TO: FROM: RE: DATE:

The Honorable Mayor, Council President and Members of Council David L. Recor, ICMA-CM, City Manager First reading ordinance amending Zoning Code October 15, 2013 Ordinance to amend Zoning Code 110-932, Minimum number of spaces First reading of Code amendment discussed at the October 7 regular session. The ordinance revises language to clarify parking space requirements for restaurant use within shopping centers. It does not change the calculation process. Not applicable Pass ordinance for second reading. Do not pass. R. Blaine Smith, Planning & Zoning Assistant Director Kay Stroud, Zoning Analyst Planning and Zoning Commission Matthew Margotta, Planning & Community Development Director Ordinance

ISSUE(S):

SUMMARY:

FISCAL IMPACT: RECOMMENDATION: ALTERNATIVES: RESPONSIBLE STAFF:

COORDINATED WITH: ATTACHMENT(S):

First Reading _______________________ Second Reading _____________________

ORDINANCE 2013-

AN ORDINANCE TO AMEND CHAPTER 110, ENTITLED ZONING, OF THE CODE OF THE TOWN OF OCEAN CITY, MARYLAND

NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE MAYOR AND CITY COUNCIL OF OCEAN CITY THAT CHAPTER 110, ENTITLED ZONING, OF THE CODE OF THE TOWN OF OCEAN CITY, MARYLAND BE, AND IT IS HEREBY, AMENDED BY REPEALING AND REENACTING WITH AMENDMENT SUBSECTION 110-932(b)(22), AS FOLLOWS: Sec. 110-932. Minimum number of spaces. ... (b) The spaces required per basic measuring unit for each use or use category shall be as indicated below, with such additional requirements as may be noted: ... (22) Shopping centers, shopping plazas, retail stores, personal service establishments and convenience food stores greater than 5,000 square feet of gross floor area: a) One space per 225 square feet gross floor area, except for movie theaters, which shall comply with the parking requirements as set forth in subsection (24), hereof. b) When restaurants, fast food establishments, cocktail lounges, taverns, nightclubs, or other establishments for the consumption of food or beverage on or off the premises are located in a shopping center: i) If these establishments, individually or in total, comprise 25 percent or less of the gross floor area of the shopping center, the parking requirement shall be that for shopping centers; ii) If these eating and drinking establishments, individually or in total, comprise more than 25 percent of the gross floor area of the shopping center, parking shall be provided for the floor area in excess of the 25 percent as set forth in subsection (20) hereof. The parking calculation shall be computed for the retail and eating and drinking establishments separately and then combined. INTRODUCED at a meeting of the City Council of Ocean City, Maryland held on October 21, 2013.

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 November 4, 2013.

ATTEST:

_____________________________ KELLY L. ALLMOND, Clerk

_________________________________ RICHARD W. MEEHAN, Mayor

Approved as to Form:

_________________________________ LLOYD MARTIN, President

_____________________________ GUY R. AYRES, III, Solicitor

__________________________________ MARY P. KNIGHT, Secretary

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 21, 2013 11 COMMENTS FROM THE PUBLIC
Any person who may wish to speak on any matter at the Regular Session may be heard during Comments from the Public for a period of five( 5) minutes or such time as may be deemed appropriate by the Council President. Anyone wishing to be heard shall state their name, address and the subject on which he or she wishes to speak.

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 21, 2013 12 COMMENTS FROM THE CITY MANAGER A. Review of tentative work session agenda for October 29, 2013

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, OCTOBER 21, 2013 13 COMMENTS FROM MAYOR AND CITY COUNCIL