april 7 2014 complete agenda

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MAYOR AND CITY COUNCIL REGULAR SESSION Monday, April 7, 2014 – 6:00 PM A Closed Session is scheduled from 5:30 PM – 6:00 PM to discuss legal and contractual matters. AGENDA 1. CALL TO ORDER 2. PRAYER AND PLEDGE 3. REPORT ON CLOSED SESSION – Monday, April 7, 2014 , 5:30 p.m. – 6:00 p.m. 4. APPROVAL OF MINUTES A. Regular Session #4 dated March 24, 2014 B. Work Session dated April 1, 2014 5. ITEMS PRESENTED BY THE MAYOR AND CITY COUNCIL A. Proclamation Designating April 25, 2014, Arbor Day B. Standing Committee Draft Agendas 6. CONSENT AGENDA A. Sole Source Purchase of Fire Station 4 Security System and Door Controllers B. Bid Award Recommendation for Bus Storage Facility Roof Repairs C. 3Year Private Event Approval Request for Good Friday Crosswalk – March 25, 2016 D. 3Year Private Event Approval Request for Easter Sunrise Service – March 27, 2016 E. 3Year Private Event Approval Request for Boardwalkin’ for Pets – April 30, 2016 7. MISCELLEANEOUS REPORTS AND PRESENTATIONS A. Invitation to 28 th Annual AARP Health Fair presented by Melvin Friedman, Event Chair B. Private Event Approval Request for Wine in the Park June 13 – 15, 2014 8. PUBLIC HEARINGS 9. ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER AND STAFF 10. ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR A. Second Reading – Ordinance to Amend Chapter 39 Entitled Franchises (requires franchisees to sign affidavit declaring all federal, state, county and municipal taxes are paid) B. Second Reading – Ordinance to Amend Chapter 106 Entitled Waterways (incorporates standup paddle board guidelines into beach regulation code) C. First Reading Ordinance Authorizing the Mayor and Council to Issue a General Obligation Bond not to Exceed Six Hundred Thousand Dollars (tax exempt bond to finance purchase of 312 Baltimore Avenue and 106 Somerset Street)

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MAYOR AND CITY COUNCIL  

REGULAR SESSION Monday, April 7, 2014 – 6:00 PM 

 A Closed Session is scheduled from 5:30 PM – 6:00 PM to discuss legal and contractual matters. 

 

AGENDA  

1.  CALL TO ORDER  

2.  PRAYER AND PLEDGE  

3.  REPORT ON CLOSED SESSION – Monday, April 7, 2014 , 5:30 p.m. – 6:00 p.m.  

4.  APPROVAL OF MINUTES   A.  Regular Session #4 dated March 24, 2014   B.  Work Session dated April 1, 2014 

 

5.  ITEMS PRESENTED BY THE MAYOR AND CITY COUNCIL   A.  Proclamation Designating April 25, 2014, Arbor Day   B.  Standing Committee Draft Agendas 

 

6.  CONSENT AGENDA   A.  Sole Source Purchase of Fire Station 4 Security System and Door Controllers    B.  Bid Award Recommendation for Bus Storage Facility Roof Repairs    C.  3‐Year Private Event Approval Request for Good Friday Crosswalk – March 25, 2016   D.  3‐Year Private Event Approval Request for Easter Sunrise Service –  March 27, 2016   E.  3‐Year Private Event Approval Request for Boardwalkin’ for Pets –  April 30, 2016 

 

7.  MISCELLEANEOUS REPORTS AND PRESENTATIONS   A.  Invitation to 28th Annual AARP Health Fair presented by Melvin Friedman, Event Chair   B.  Private Event Approval Request for Wine in the Park ‐  June 13 – 15, 2014 

 

8.  PUBLIC HEARINGS  

9.  ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY MANAGER AND STAFF  

10.  ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR   A.  Second Reading – Ordinance to Amend Chapter 39 Entitled Franchises (requires franchisees to 

sign affidavit declaring all federal, state, county and municipal taxes are paid)   B.  Second Reading – Ordinance to Amend Chapter 106 Entitled Waterways (incorporates stand‐

up paddle board guidelines into beach regulation code)   C.  First Reading ‐ Ordinance Authorizing the Mayor and Council to Issue a General Obligation 

Bond not to Exceed Six Hundred Thousand Dollars (tax exempt bond to finance purchase of 312 Baltimore Avenue and 106 Somerset Street) 

 

 

 

Mayor and City Council – Regular Session Agenda  April 7, 2014 

 

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.   

12.  COMMENTS FROM THE CITY MANAGER   A.  Review of tentative work session agenda for April 15, 2014 

 

13.  COMMENTS FROM THE MAYOR AND CITY COUNCIL  

14.  ADJOURN  

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, APRIL 7, 2014

3 – Report on Closed Session – Monday, April 7, 2014 5:30 – 6:00 p.m.

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

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

1. To discuss: (i) the appointment, employment, assignment, promotion, discipline, demotion,

compensation, removal, resignation or performance evaluation of appointees, employees or officials over whom it has jurisdiction; or

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

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

X

14. Before a contract is awarded or bids are opened, discuss a matter directly related to a negotiation strategy or the contents of a bid or proposal, if public discussion or disclosure would adversely impact the ability of the public body to participate in the competitive bidding or proposal process

DATE AND TIME: Monday, April 7, 2014 5:30 p.m. PLACE: City Hall SUBJECT: Legal and Contractual Matters VOTE: UNANIMOUS OTHER: FOR: AGAINST:

ABSTAIN: ABSENT:

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, April 7,

2014, a closed session was held on Monday, April 7, 2014 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 Contractual 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 Public Works Director Hal Adkins Chief Deputy Director of Public Works Jim Parsons Golf Superintendent Joe Perry Executive Office Associate Diana Chavis Action(s) taken:

Motion to close meeting:

Time adjourned:

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, APRIL 7, 2014

4 – APPROVAL OF MINUTES

A. Regular Session #4 dated March 24, 2014 B. Work Session dated April 1, 2014

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, APRIL 7, 2014

5 – ITEMS PRESENTED BY THE MAYOR AND CITY COUNCIL

A. Proclamation Designating April 25, 2014, Arbor Day

DESIGNATING APRIL 25, 2014 AS ARBOR DAY In 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, This holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, Trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS, Trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WHEREAS, Trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, Trees, wherever they are planted, are a source of joy and spiritual renewal. NOW, THEREFORE, I, Richard W. Meehan, Mayor of the Town of Ocean City, Maryland, do hereby proclaim April 25, 2014 as ARBOR DAY in the Town of Ocean City, Maryland, and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and FURTHER, I urge all citizens to plant trees to gladden the heart and promote the wellbeing of this and future generations. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the Town of Ocean City, Maryland to be affixed this 7th day of April in the year of Our Lord, two thousand and fourteen. __________________________________ RICHARD W. MEEHAN Mayor

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, APRIL 7, 2014

5 – ITEMS PRESENTED BY THE MAYOR AND CITY COUNCIL

B. Standing Committee Draft Agendas Note: There is no Police Commission meeting the month of April.

Tourism Commission Meeting  Tentative Agenda 

1 p.m. Monday, April 14, 2014 

Room 214, Convention Center   1) Approval of minutes: March 13, 2014 2) Review of new website design ‐ MGH 3) Review of new outdoor creative – MGH 4) Tourism Strategic Planning Update 5) Organizational reports 

 Chamber of Commerce Economic Development Committee HMRA OCDC MD Tourism Development Board Dept. of Tourism Convention Center Special Events   

  

       

 

OCEAN CITY, MARYLAND RECREATION & PARKS COMMISSION

Tuesday, April 15, 2014 4:00 P.M.

Northside Park Community Room

AGENDA

1. Call to Order and Attendance

2. Approval of Minutes of March 11, 2014

3. Skate Park Update

4. St. Patrick’s Indoor Soccer Tournament Report

5. Private Event Labor & Equipment Use Procedure

6. New Private Event Requests

7. Other Business

8. Adjournment

P: Tom/Rec & Parks Commission Meeting Agenda 4-15-2014

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, APRIL 7, 2014

6. CONSENT AGENDA A. Sole Source Purchase of Fire Station 4 Security System

and Door Controllers

TOWN OF

The White Marlin Capital of the World TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Terence J. McGean, PE, City Engineer RE: Fire Station 4 Security and Door Control System DATE: March 20, 2014 ISSUE(S): Request sole source purchase of security access control system

for new Fire Station 4 from Advantech SUMMARY: Fire Station 4 will have a secure card key access control system

and be added to the existing citywide system. The existing city system is Honeywell Prowatch and the authorized dealer is Advantech.

FISCAL IMPACT: $20,850 from Fire Station 4 project budget RECOMMENDATION: Approve sole source purchase of Fire Station 4 access control

system from Advantech Inc. in the amount of $20,850.00 ALTERNATIVES: None RESPONSIBLE STAFF:

Terence McGean, City Engineer

COORDINATED WITH: Cliff Christello, Fire Department ATTACHMENT(S): Advantech Proposal

Agenda Item # 6A

Council Meeting April 7, 2014

       

Agreement Date: 1/27/14                      Proposal & Agreement 6910‐1‐0 (rev. 1, 2/4/2014)  Page 1 of 5  

4092 N. DuPont Hwy. Dover, DE 19901 

877‐674‐8405, 302‐674‐8405, Fax: 302‐674‐3698 www.advantechsecurity.net 

  

 

Proposal 6910‐1‐0  (rev. #2, 3/19/14)         DIVISION OF SALES & ESTIMATING 

Client Name: Town of Ocean City Project Name: Fire Department #4 Access Control

Project Location:

130th St.

Agreement Date:

January 27, 2014

Ocean City, MD 21842 Project Type: Access Control

Submitted To: Terry McGean Submitted By: Frank Yoder, Advantech [email protected] (302)-670-8810 Mr. McGean:

Thank you for considering Advantech for your Access Control Management System needs. Based on our discussions and Advantech’s site visits I have developed the following budgetary pricing. Should you have any questions and or concerns, or need any additional information, please contact me at your earliest convenience to discuss. 1st Floor Scope of Work:

1. Furnish, configure and install (1) Honeywell High Density Controller Enclosure w/power supply 2. Furnish, configure and install (1) Honeywell Pro-Watch Intelligent Control Board 3. Furnish, configure and install (2) Honeywell Pro-Watch Dual Reader Boards 4. Furnish and install (1) Altronix Door Power Supply 5. Furnish, configure and install (4) HID wall mount card readers, compatible with the existing

Ocean City Pro-Watch infrastructure 6. Furnish, install and configure (4) door strikes for the 1st floor store front doors 7. Furnish wiring to connect (4) store front doors, manufacturer provided electrified hardware, to the

Pro-Watch system. 8. Furnish, configure and install (4) motion type request to exits 9. Furnish, configure and install (4) recessed door contacts 10. Furnish wire as required for a turnkey installation 11. Furnish final software/hardware check-out 12. Furnish (1) copy of submittals for approval by Town of Ocean City 13. Furnish as-built documentation 14. 12 Month warranty on all parts and labor described in this proposal

     

Agreement Date: 1/27/14                             Proposal & Agreement 6910‐1‐0 (rev. 1, 2/4/2014)   Page 2 of 5  

Advantech, Inc. 4092 N. DuPont Hwy. Dover, DE 19901 

877‐674‐8405, 302‐674‐8405, Fax: 302‐674‐3698 www.advantechsecurity.net 

 

1st Floor Material: Manufacturer Model Description QTY Altronix LC2 LC2 - 3 Conductor - 6' 18AWG panel cord 1 Altronix AL600ULACM 8 Fused Outputs PS 12/24 VDC 6AMP with ACM Module 1 HES 9400-12/24D-630LBSM HES 9400 RIM EXIT ES 1/2 DEEP WITH LBSM 4 HID Global 920PTNNEK00000 IClass SE RP40 125 kHz Prox Indala Card Reader 4 Honeywell PW5K2ENC1 PW High Density Enclosure Wall Mount 1 Honeywell PW5K1DCC PW Series Daisy Chain Cable 1 Honeywell PW6K1R2 PW-6000 Dual Reader Module, includes 2 Honeywell PW6K2E2PS Power Supply for PW5K2ENC1 and PW5K2ENC2 1 Honeywell PW6K1IC PW-6000 IntelContrllr 32 I/O and/or reader boards 1 Honeywell PW41RDR32 PW 32 Reader add-on for verison 4.1 1 Honeywell 0-000-361-01 IS310 White Request to Exit Sensors 4 Honeywell 5-531-395-01 Request to Exit Motion Detector - Trim Plate 4 Power Sonic PS1270F1 Power Sonic 12v 7amp Battery 3 Sentrol 1076CD 3/4 Recessed DPDT Door Contact 4

2nd Floor Scope of Work (Dormitory Rooms):

1. Furnish, configure and install (2) Honeywell Pro-Watch Dual Reader Boards, which will be located in the 1st floor High Density Enclosure.

2. Furnish, configure and install (4) HID wall mount card readers, compatible with the existing Ocean City Pro-Watch infrastructure

3. Furnish, configure and install (4) door strikes 4. Furnish, configure and install (4) motion type request to exits 5. Furnish, configure and install (4) recessed door contacts 6. Furnish wire as required for a turnkey installation 7. Furnish final software/hardware check-out 8. Furnish (1) copy of submittals for approval by Town of Ocean City 9. Furnish as-built documentation 10. 12 Month warranty on all parts and labor described in this proposal

2nd Floor Material (Dormitory Rooms): Manufacturer Model Description QTY HES 1006CS 630 1006-12/24D-612-LBM with smart pac and 3 face plts 4 HID Global 920PTNNEK00000 IClass SE RP40 125 kHz Prox Indala Card Reader 4 Honeywell PW6K1R2 PW-6000 Dual Reader Module, includes 2 Honeywell 0-000-361-01 IS310 White Request to Exit Sensors 4 Honeywell 5-531-395-01 Request to Exit Motion Detector - Trim Plate 4 Sentrol 1076CD 3/4 Recessed DPDT Door Contact 4

     

Agreement Date: 1/27/14                             Proposal & Agreement 6910‐1‐0 (rev. 1, 2/4/2014)   Page 3 of 5  

Advantech, Inc. 4092 N. DuPont Hwy. Dover, DE 19901 

877‐674‐8405, 302‐674‐8405, Fax: 302‐674‐3698 www.advantechsecurity.net 

 

Clarifications 1. The price to upgrade the existing Pro-Watch software database has not been included in this

proposal. However, we have included the labor required to integrate the new Pro-Watch Intelligent Controller and associated Station #4 system into the existing Ocean City Pro-Watch Network.

2. This proposal does not include conduit or back boxes for rough-in of the exterior or interior doors. Conduit and back boxes to be furnished and installed by the site electrical contractor as indicated on E5.03.

3. This proposal does include the wire and installation labor required to connect/wire the access control field devices to the access controller boards and power supply.

4. This proposal does not include the installation labor, material or electrified door locking hardware as required for the 1st Floor Store Front (exterior) Doors. However, we have included the labor and material required to mount the readers, door contacts and wire required to connect to the access controller boards.

5. This proposal does not include the panic bars or labor to install the panic bars. 6. This proposal is based upon the Store Front Door Manufacturer providing a wire whip leading

from the door’s electrified hardware to the exterior of the door frame. This proposal does not include the labor or material to drill or channel through the 1st Floor door frames for hinges or locks.

7. The price to provide Ethernet switches or network components has not been included in this proposal.

8. This proposal is based upon the project drawings T1.01, T1.02, T1.03 and E5.03.

Pricing

The price to provide the above as described is: Twenty Thousand, Eight Hundred Fifty Dollars ($20, 850.00).

 

To accept this Proposal & Agreement please sign below or reference this Proposal & Agreement in the Client’s purchase order. Client Acceptance: _______________________________Date: __________________ Print name: ______________________________  

 

 

 

 

 

     

Agreement Date: 1/27/14                             Proposal & Agreement 6910‐1‐0 (rev. 1, 2/4/2014)   Page 4 of 5  

Advantech, Inc. 4092 N. DuPont Hwy. Dover, DE 19901 

877‐674‐8405, 302‐674‐8405, Fax: 302‐674‐3698 www.advantechsecurity.net 

 

 

CONDITIONS: 1) Pricing valid if proposal is accepted within 30 days of proposal date. 2) Any necessary AC power supplied by others at the Advantech specified location. 3) Any necessary IP addresses, connection(s), or network related requirements to be supplied by

CLIENT, at the Advantech specified location. 4) LIMITED WARRANTY: A. ADVANTECH hereby warrants to CLIENT alone only that all of the

products are installed in a good and workmanlike manner. In the event that any part shall become defective while the Limited Warranty is in effect, ADVANTECH shall replace or repair the defective part without charge to CLIENT. B. If CLIENT shall discover a defect in the products supplied under this agreement, CLIENT should immediately contact ADVANTECH in writing or by telephone, at the address and telephone number set forth, and fully describe the nature of the defect so that repair service may be rendered. C. This limited warranty does not cover any damage to components, products or equipment caused by accident, vandalism, CLIENT negligence, flood, water, lightning, fire, intrusion, abuse, misuse, act of terrorism, act of God, any casualty, including electricity, attempted unauthorized repair service, modification or improper installation by anyone other than ADVANTECH, or any other cause other than ordinary wear and tear. D. This limited warranty for products & installation is effective for one (1) year from the date of the ADVANTECH invoice for the installation. CLIENT may extend coverage on materials and installation by requesting a service agreement. The amount of the service agreement fee shall be as agreed upon between CLIENT and ADVANTECH. E. ADVANTECH shall not be liable for any general, direct, special, exemplary, punitive, statutory, multiple, incidental or consequential damages. CLIENT acknowledges: that any affirmation of fact or promise made by ADVANTECH shall not be deemed to create an express warranty; that ADVANTECH does not make any representation or warranty, including any implied warranty of merchantability or fitness that the system or service supplied may not be compromised, circumvented, or the system or services will in all cases provide the signaling, monitoring and response for which it was intended; that CLIENT is not relying on ADVANTECH's skill or judgment in selecting or furnishing a system suitable for any particular purpose; that there are no express warranties which extend beyond those on the face of the agreement hereof, or herein, and that all implied warranties, if any, coincide with the duration of this warranty.

5) MONITORING, SUPPORT PLAN, SERVICE PLAN &/OR INSPECTION– TERM, RENEWAL & RATES. The initial term is three (3) years beginning on the Agreement Date listed on this Proposal & Agreement. At the end of the initial term or any subsequent renewal term, the Agreement will automatically renew for an additional three (3) year term, unless either CLIENT or ADVANTECH gives written notice to the other of cancellation at least thirty (30) days before the expiration of the term (by certified or registered mail). If CLIENT defaults or cancels before the end of the term, all services by ADVANTECH will terminate, but all payments then due from CLIENT, including future scheduled payments to the end of the current three year term accelerate and become immediately due and payable to ADVANTECH. ADVANTECH has the right to terminate this Agreement ten (10) days after written notice, if CLIENT fails to make timely payments or if CLIENT willfully or negligently causes repeated false alarms. In order to properly adjust its rates to meet changing business conditions, ADVANTECH may, at any time after one (1) year from the date of this Agreement, increase monitoring or maintenance charges by giving CLIENT written notice of the change. CLIENT then has the option within thirty (30) days to cancel this Agreement without penalty.

     

Agreement Date: 1/27/14                             Proposal & Agreement 6910‐1‐0 (rev. 1, 2/4/2014)   Page 5 of 5  

Advantech, Inc. 4092 N. DuPont Hwy. Dover, DE 19901 

877‐674‐8405, 302‐674‐8405, Fax: 302‐674‐3698 www.advantechsecurity.net 

 

6) Upon CLIENT request ADVANTECH shall provide service to the system. Unless covered by a Service Plan CLIENT agrees to pay for labor and components at ADVANTECH’s prevailing rates at the time the service is provided.

7) CLIENT understands and acknowledges that the system may transmit video, voice and data to a monitoring location or elsewhere using one or more forms of communication equipment or services, including, without limitation, a telephone network, computer network or data cabling. Furthermore some or all of these communications equipment or services may fail and that all of these services are outside the full control of ADVANTECH, and ADVANTECH has no responsibility for video, voice and data transmission failure.

8) CLIENT understands and agrees that ADVANTECH is not an insurer and that insurance covering personal injury and property loss or damage on CLIENT’s premises must be obtained by CLIENT; that CLIENT’s payments to ADVANTECH under this agreement are based solely on the value of the products or services provided and are unrelated to the value of CLIENT’s property or that of others located on CLIENT’s premises; that ADVANTECH makes no guarantee, representation or warranty including any implied warranty of merchantability or fitness for a particular purpose, that the product or service supplied will avert or prevent occurrences or the consequences there from which the system or service is intended to detect or avert. B. CLIENT understands and agrees that if ADVANTECH is found liable for any loss or damage from a failure to perform its obligations or from an equipment failure, ADVANTECH’s liability is limited to five hundred dollars, and this liability will be exclusive and will apply if loss or damage irrespective of cause or origin, results directly or indirectly to persons or property from performance or non-performance of any of ADVANTECH’s obligations or from negligence, of any kind, of ADVANTECH, its employees or agents.

9) All claims, actions or proceedings, legal or equitable, against ADVANTECH or Representatives must be commenced in court within one (1) year after the cause of action has accrued, without judicial extension of time, or said claim, action or proceeding is barred. Time is of the essence with regard to this paragraph.

10) If any payment by CLIENT is received by ADVANTECH more than 30 days after the due date, CLIENT agrees to pay interest from the due date on the entire balance due and owing at the rate of 1.5% per month. This agreement may not be altered, modified or otherwise changed except with the written consent of both parties as an addendum to this agreement. If any of the terms or conditions of the agreement shall be declared invalid or inoperative, all of the remaining terms and conditions will remain in full force and effect. CLIENT hereby acknowledges receipt of a copy of this agreement, and that CLIENT has read and thoroughly understands its terms. The conditions of this agreement shall cover all subsequent work for CLIENT by ADVANTECH, its sub-contractors or assignees and shall remain in full force and effect even after the termination of any monitoring, inspection or service term. ADVANTECH may assign its rights and duties under this agreement at any time. This agreement shall be enforced in accordance with the laws of the State of Delaware. 

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, APRIL 7, 2014

6. CONSENT AGENDA

B. Bid Award Recommendation for Bus Storage Facility Roof Repairs

TOWN OF

The White Marlin Capital of the World TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Dean Dashiell – Senior Project Manager RE: Request Bid Award Approval of the MTA Funded Transportation Bus Storage Facility –

Roofing Repairs. DATE: April 1, 2014 ISSUE(S): Bid award recommendation for roofing repairs to bus storage facility SUMMARY: Request the award of a sealed bid opened on March 11th, 2014, by the

Mayor & City Council, for the MTA Funded Transportation Bus Storage Facility – Roofing Repairs. The low bid for this project was tendered by APEX Construction in the amount of $ 65,000.00. I reviewed APEX’s Bid Documents and found them compliant with the contract documents.

FISCAL IMPACT: Funding for this project is being provided by the Maryland Transit Administration, and the Town of Ocean City fund match budgeted in FY14. The budget for this project was $ 125,000.00.

RECOMMENDATION: Award bid to APEX Construction in the amount of $ 65,000.00. ALTERNATIVES: None RESPONSIBLE STAFF:

Dean Dashiell – Senior Project Manager

COORDINATED WITH: Hal Adkins – Director of Public Works George Thornes – Superintendent of Transportation Brian Connor – Assist. Superintendent of Transportation

ATTACHMENT(S): Bid Tabulation

Agenda Item # 6B

Council Meeting April 7, 2014

Bus Vehicle Storage Building-Metal Roofing Repairs Bid

CONTRACTORS Base Bid

Affiliated Restoration Services $101,468.00

APEX Construction $65,000.00

Tecta America East $126,000.00

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REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, APRIL 7, 2014

6. CONSENT AGENDA C. 3-Year Private Event Approval Request for Good Friday

Crosswalk – March 25, 2016

TOWN OF

The White Marlin Capital of the World

TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Lisa Mitchell, Private Events Coordinator RE: Good Friday Crosswalk DATE: March 31, 2014

ISSUE(S): 3-Year Approval Request for Good Friday Crosswalk SUMMARY: Sean Davis, for the OC Christian Ministers Association, requests

an extension to the Good Friday Crosswalk 3-year event approval to include the date of March 25, 2016. This event consists of a procession from Son-Spot Ministries on Worcester Street to the Atlantic United Methodist Church at 4th St. via the Boardwalk. One (1) person carries a large wooden cross and leads the procession up the Boardwalk. The participants of this procession will sing hymns while walking.

FISCAL IMPACT: No significant fiscal impact. RECOMMENDATION: Approve continuation of 3-year event approval. ALTERNATIVES: No staff alternatives suggested. RESPONSIBLE STAFF:

Lisa Mitchell, Private Event Coordinator

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

ATTACHMENT(S): 1) March 2016 Calendar

2) Good Friday Crosswalk Cover Sheet

Agenda Item # 6C

Council Meeting April 7, 2014

Sun Mon Tue Wed Thu Fri Sat

1 2 3 4 5

6 7 8 9 10 11 12

PE - St. Patrick’s Day

Parade - TENTATIVE

13 14 15 16 17 18 19

20 21 22 23 24 25

PE - Good Friday

Crosswalk -

TENTATIVE

26

27

PE – Easter Sunday

Sunrise Service -

TENTATIVE

28 29 30 31

2016

March

Ocean City Private Events 3-Year Approval

Name of Event: Good Friday Crosswalk

Date of Event: Requesting event approval for March 25, 2016

Cost to the Town of Ocean City to support this event: No foreseeable costs to the Town of Ocean City

Things to Note:

In 2011, Norm Poultney for the OC Christian Ministers’ Association was granted annually a 3-year event approval for

the Good Friday Crosswalk event.

Sean Davis, for the OC Christian Ministers’ Association, would like to continue this provision, and requests Council

approve this event for the date of March 25, 2016.

All appropriate documents have been supplied and fees have been invoiced.

Comments from Department Representatives:

OCPD – Will notify shift, and have on-duty officers monitor the event.

Risk – Insurance Certificate to be submitted prior to the event.

Public Works , Rec. & Parks, Fire Marshal, OCBP, Transportation, Emergency Services, OCCC, and Tourism – No

comments.

Date on Council Agenda: April 7, 2014

Council Ruling: ________________________________________________

Applicant Notified of Meeting Results: _____________________________

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, APRIL 7, 2014

6. CONSENT AGENDA

D. 3-Year Private Event Approval Request for Easter Sunrise Service – March 27, 2016

TOWN OF

The White Marlin Capital of the

TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Lisa Mitchell, Private Events Coordinator RE: Easter Sunday Sunrise Service DATE: March 31, 2014

ISSUE(S): 3-Year Approval Request for Easter Sunday Sunrise Service SUMMARY: Sean Davis, for the OC Christian Ministers Association, requests

an extension to the Easter Sunday Sunrise Service 3-year event to include the date of March 27, 2016. This is an annual community event sponsored by the Ocean City Christian Ministers Association. It is a worship service to recognize and celebrate Easter Sunday with the sunrise as its backdrop. This event consists of music, songs, prayer, and a message given by a local pastor.

FISCAL IMPACT: Potential positive economic impact from lodging, food and

beverage, recreation and other incidental expenditures related to this event.

RECOMMENDATION: Approve continuation of the 3-year event approval. ALTERNATIVES: No staff alternatives suggested. RESPONSIBLE STAFF:

Lisa Mitchell, Private Event Coordinator

COORDINATED WITH: All appropriate departmental staff has reviewed, and the event has been coordinated with OCPD, Public Works and Rec. & Parks.

ATTACHMENT(S): 1) March 2016 Calendar

2) Easter Sunday Sunrise Service Plan for 2013 3) Easter Sunday Sunrise Service Layout 4) Easter Sunday Sunrise Service Cover Sheet

Agenda Item # 6D

Council Meeting April 7, 2014

Sun Mon Tue Wed Thu Fri Sat

1 2 3 4 5

6 7 8 9 10 11 12

PE - St. Patrick’s Day

Parade - TENTATIVE

13 14 15 16 17 18 19

20 21 22 23 24 25

PE - Good Friday

Crosswalk -

TENTATIVE

26

27

PE – Easter Sunday

Sunrise Service -

TENTATIVE

28 29 30 31

2016

March

Ocean City Private Events 3-Year Approval

Name of Event: Easter Sunday Sunrise Service

Date of Event: Requesting event approval for March 27, 2016

Cost to the Town of Ocean City to support this event: $3,991.30

Things to Note:

In 2011, Norm Poultney for the OC Christian Ministers’ Association was granted a 3-year event approval for the

Easter Sunday Sunrise Service.

Sean Davis, for the OC Christian Ministers’ Association, would like to continue this provision, and requests Council

approve this event for the date of March 27, 2016.

All appropriate documents have been supplied and fees have been invoiced.

Comments from Department Representatives:

OCPD – Will assign two officers from patrol to monitor the event, assist with traffic direction and pedestrian crossing.

Rec. & Parks – Coordinate, manage and set-up the event per plan. Also provide chairs and bleacher set. Total cost to

the department is estimated at $1,411.84.

Public Works – Post North Division Street, rake and fine clean the event area, supply large bleachers, podium and

4’x8’ tan risers. Total estimated cost to the division is $2,579.46.

Risk – Insurance Certificate to be obtained prior to the event.

Fire Marshal, OCBP, Transportation, Emergency Services, OCCC, and Tourism – No comments.

Date on Council Agenda: April 7, 2014

Council Ruling: ________________________________________________

Applicant Notified of Meeting Results: _____________________________

1

EASTER SUNDAY SUNRISE SERVICE

2014

April 20, 2014

CITY SUPPORT PLAN

1. INTRODUCTION: The Easter Sunday Sunrise Service (ESSS) is an annual ecumenical

event of the Ocean City Christian Ministers Association, which receives logistics support

from the Town of Ocean City, Maryland. The event takes place on Easter Sunday, April

20, 2014 at 6 a.m. on the North Division Street Pad, where the sun rises over the Atlantic

Ocean.

2. SITE LAYOUT: Please see the diagram at TAB A.

3. RESPONSIBILITIES:

a. Department of Recreation and Parks and Special Events: Oversee the planning

and execution of City supplied logistics support for this event, providing:

(1) Special Events Division, Dept. of Recreation & Parks:

(a) Plan the City support to include site layout, construction, logistics,

notification of media and coordinating all Town support.

(b) Serve as the Event support coordinator.

(c) Place on the Public Access Channel.

(2) Parks Division, Dept. of Recreation & Parks:

(a) Provide large portable bleacher set to the site at 4:30 a.m. on April

20, 2014 and set up according to the diagram.

(b) Provide 260 blue chairs to the site at 4:30 a.m. on April 20, 2014

and set up per diagram.

(c) Remove bleachers and chairs immediately following the event.

b. Department of Public Works: Sweep the North Division Street Pad and provide

the following to the site by 4:30 a.m. on April 20, 2014:

(1) Two (2) each wooden risers.

(2) Podium from City Hall.

(3) Access to electric power.

(4) One (1) large portable bleacher.

(5) Post and Barricade parking spaces on North Division Street for handicap.

(6) Open bathrooms.

(7) Appropriate personnel.

2

c. Department of Public Relations: As a public service, advertise this event to all

organizations and churches in the Ocean City community.

d. Fire Marshal: Review this plan for fire safety.

e. Ocean City Police Department (OCPD): Review this plan for safety and security

and provide presence before, during, and after the service to assist with

traffic/parking challenges.

f. Emergency Services: Review this plan and be prepared to respond as needed.

g. Ocean City Christian Ministers Association: Comply with this plan and:

(1) Serve as event manager representing all churches, choirs, and

ministers.

(2) Organize and conduct the religious service.

(3) Provide a copy of Service Program to Special Events by April 3,

2014.

(4) Organize the music, organ/keyboard and choir support.

(5) Coordinate alternate location in event of inclement weather.

(6) Be on site no later than 5:00 a.m. on day of event to make weather decision.

4. COMMUNICATIONS:

a. Points of Contact are:

Gary Steger 410-289-1170

Sean Davis 443-235-4103

Bill Huber 302-436-5768

Special Events: Lisa Mitchell 410-250-0125 or cell 443-235-7329

Parks: Gary Collier 410-250-5403

Public Works: Joe Listman 443-736-6467

OCPD: LT Scott Harner X3158

5. INCLEMENT WEATHER:

a. The weather will be monitored by OCPD, Safety Services and the event manager.

b. The weather decision will be made by the OCCMA representative and

conveyed to all.

c. Should the event be canceled at the primary location (North Division Street

Pad), it will relocate to Atlantic United Methodist Church at 105 4th

Street.

6. COORDINATION: This plan is written to encourage communication among all parties.

As of 02/20/2014 by LAM

Beach

PA Risers, 10 chairs, PA

and podium

Train Lane

12 across 12 across

10 120 120 10 rows Firemen's

deep Chairs Chairs deep Memorial

Bleacher Bleacher

Boardwalk

North Division St. Caroline St.

Reserved Parking

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, APRIL 7, 2014

6. CONSENT AGENDA

E. 3-Year Private Event Approval Request for Boardwalkin’ for Pets – April 30, 2016

TOWN OF

The White Marlin Capital of the WorldTOWN OF

TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Lisa Mitchell, Private Events Coordinator RE: Boardwalkin’ for Pets DATE: March 31, 2014

ISSUE(S): 3-Year Event Approval for Boardwalkin’ for Pets SUMMARY: Request Boardwalkin’ for Pets 3-year event approval extension to

include the date of April 30, 2016. Boardwalkin’ for Pets is a Worcester County Humane Society fundraiser. Starting at the southernmost part of the Boardwalk, participants walk the Boardwalk. Rest stops will be located on the Boardwalk at 12th Street and another at 27th Street.

FISCAL IMPACT: None specified RECOMMENDATION: Approve the continuation of this event. ALTERNATIVES: No staff alternatives suggested. RESPONSIBLE STAFF:

Lisa Mitchell, Private Event Coordinator

COORDINATED WITH: All appropriate departmental staff has reviewed, and the event has been coordinated with Public Works.

ATTACHMENT (S): 1) April 2016 Calendar

2) Cover Sheet 3) Layout

Agenda Item # 6E

Council Meeting April 7, 2014

Sun Mon Tue Wed Thu Fri Sat

1 2

3 4 5 6 7 8 9

10 11 12 13 14 15 16

17 18 19 20 21 22 23

24 25 26 27 28 29

PE – MD Kite Expo -

TENTATIVE

30

PE - Boardwalkin’ for

Pets – TENTATIVE

PE – MD Kite Expo -

TENTATIVE

2016

April

Ocean City Private Events 3-Year Approval

Name of Event: Boardwalkin’ for Pets

Date of Event: Requesting event approval for April 30, 2016

Cost to the Town of Ocean City to support this event: $218.51

Things to Note:

Representatives of the Worcester County Humane Society were granted a 3-year event approval for the Boardwalkin’

for Pets event. The dates approved were for April 27, 2013, April 26, 2014 and April 25, 2015.

Kelly Austin for the Worcester County Humane Society would like to continue this provision, and requests Council

approves this event for the date of April 30, 2016.

All appropriate documents have been supplied and fees have been invoiced.

Comments from Department Representatives:

OCPD – Will notify shift of the event.

Public Works – Will provide tables and chairs. In years’ past, provided parking passes for the Inlet Lot as well, but

they were not requested in the application. If needed, please advise at least one (1) week prior to the event. Total

estimated cost to the department is $218.51.

Risk – Insurance Certificate to be submitted prior to the event.

Rec. & Parks – Coca-Cola is now the Town’s beverage sponsor.

Fire Marshal, OCBP, Transportation, Emergency Services, OCCC, and Tourism – No comments.

Date on Council Agenda: April 7, 2014

Council Ruling: ________________________________________________

Applicant Notified of Meeting Results: _____________________________

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, APRIL 7, 2014

7. MISCELLEANEOUS REPORTS AND PRESENTATIONS A. Invitation to 28th Annual AARP Health Fair presented by

Melvin Friedman, Event Chair

TOWN OF

The White Marlin Capital of the World TO: The Honorable Mayor, Council President and Members of Council FROM: David L. Recor, ICMA-CM, City Manager RE: 28th Annual Ocean City Community Health Fair (formally the AARP Health Fair) DATE: April 1, 2014 ISSUE(S): Invitation to the 28th Annual Ocean City Community Health Fair SUMMARY: Melvin Friedman, Chairman of the Ocean City Community Health

Fair, will extend an invitation for the Mayor and Council to attend the health fair on Tuesday, May 6, at the Roland E. Powell Convention Center from 7:00 a.m. until 12:00 p.m. This event is co-sponsored by the Mayor and City Council and Atlantic General Hospital. Free health screenings and health education will be offered at the fair.

FISCAL IMPACT: Not applicable RECOMMENDATION: Not applicable ALTERNATIVES: Not applicable RESPONSIBLE STAFF: Not applicable COORDINATED WITH: Not applicable ATTACHMENT(S): Flyer

Agenda Item # 7A

Council Meeting April 7, 2014

AGH HealthyHAPPENINGS

Your Community Connection

Ocean City’s 28th Annual

Community HEALTH FAIR

May 6, 2014 7 am to 12 pmAt the Roland E. Powell Convention CenterSponsored by AGH Healthy Happenings, Town of Ocean City, and AARP Chapter 1917

28th Annual Community Health Fair Roland E. Powell Convention Center 41st Street & Coastal HighwayOcean City, Maryland

Health Screenings:Complete lipid panel and blood glucose (Requires a 12 hour fast) Skin cancer Lung function Carotid Hearing Bone density Spine And many more!

Special Guest Speakers:Dermatologist Curtis Asbury, M.D.Acupuncturist Mark Stoehr, MAc, LAc

Special Guests: Sherman the

Shorebird Sammy Seagull

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, APRIL 7, 2014

7. MISCELLEANEOUS REPORTS AND PRESENTATIONS B. Private Event Approval Request for Wine in the Park –

June 13-15, 2014

TOWN OF

The White Marlin Capital of the World

TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Lisa Mitchell, Private Events Coordinator RE: Wine in the Park 2014 DATE: February 25, 2014

ISSUE(S): Request to approve Wine in the Park for June 13-15, 2014. SUMMARY: This wine festival will be held on the west lagoon field at

Northside Park and consist of one (1) ounce wine tasting samples, arts and crafts, food sales, wine by the glass and bottle sales, micro-brew beer sales and live entertainment.

FISCAL IMPACT: Potential positive economic impact from lodging, food and

beverage, recreation and other incidental expenditures. RECOMMENDATION: Approve as presented. ALTERNATIVES: No staff alternatives suggested. RESPONSIBLE STAFF: Lisa Mitchell, Private Events Coordinator COORDINATED WITH: All appropriate departmental staff has reviewed, and the event

has been coordinated with Public Works and Rec & Parks.. ATTACHMENT(S): 1) June 2014 Calendar

2) Cover Sheet 3) Application 4) Application Attachment 5) Site Layout

Agenda Item # 7B

Council Meeting April 7, 2014

Sun Mon Tue Wed Thu Fri Sat

1

PE – Ravens’ Beach Bash

PE – PIS Karaoke

2 3

PE – PIS Karaoke &

Volleyball

4

PE – PIS Basketball 5

PE – PIS Dodge Ball 6

PE - Longboard Challenge

– TENTATIVE PE-PIS Tennis

7

PE - Longboard Challenge

- TENTATIVE

8

PE - Longboard Challenge – TENTATIVE

PE – OC Cruzers –

TENTATIVE PE – PIS Karaoke

9 10

PE – PIS Karaoke & Volleyball

11

PE – PIS Basketball

12

PE – PIS Dodge Ball

13

PE – Sun Run – TENTATIVE

PE – Wine in the Park –

TENTATIVE PE-PIS Tennis

14

PE – Wine in the Park – TENTATIVE

Arts Alive

PE - Air Show – TENTATIVE

PE – Sand Duels Beach

Soccer – TENTATIVE PE – DE Volleyball Beach

Bash

15

PE – Wine in the Park – TENTATIVE

Arts Alive

PE - Air Show – TENTATIVE

PE – Beach 5 Sand Soccer

PE – OC Cruzers – TENTATIVE

PE – DE Volleyball Beach

Bash PE – PIS Karaoke

16 17

PE – Firemen’s Pipe & Drum

PE – PIS Karaoke &

Volleyball

18

PE - Firemen’s Parade 19 20 21

PE – Beach 5 Sand Soccer

22

PE – Beach 5 Sand Soccer - TENTATIVE

23 24 25 26

PE – Dew Tour 27

PE – Dew Tour 28

PE – Dew Tour

29

PE – Dew Tour 30

2014

June

Ocean City Private Events

Name of Event: Wine in the Park New Event: YES

Date of Event: June 13-15, 2014

Date Application Received: September 24, 2013 Application Fee Paid: Yes

Date Returned from All Departments: October 24, 2013 Total Cost to Town: $6,236.39

Revenue to Town: $8,383.39

Things to Note:

This event will take place on the west lagoon field at Northside Park and will consist of wine tasting, wine and beer

sales, live entertainment, arts & crafts and food sales.

Set-up will take place on Thursday, June 12.

Event will take place Friday thru Sunday, 12 noon-8:00 pm.

Coordinators will provide security.

Breakdown will take place on Sunday, June 15.

Coordinators request the following items from the town: stage dumpster and roll-off, fencing, picnic tables, electric

and water. Coordinators will reimburse the town for all items and support.

Expected number of participants is 6,500.

Comments from Department Representatives:

Public Works – Will set-up the special event fencing, provide trash barrels and trash bags. Will provide the 4’x8’

stage platforms that will be erected by the Rec & Parks Department. Will post the streets and set-up the flags.

Estimated cost to the department is $6,236.39.

Fire Marshal – Tent permit must be obtained from the office of the Fire Marshal.

Risk – Insurance certificate must be submitted prior to the event.

OCPD – The event organizer hires off-duty police officers (secondary employment) and, therefore, there are no costs

or tasks attributed to the department.

Tourism – Great addition to the June events calendar and a great addition to the north end of town.

Rec & Parks – Had a planning meeting with representatives of Wine in the Park on January 28, 2014 and worked

through all potential issues/conflicts. Feel confident both events can talk place simultaneously. Last year we charged

the applicant $1,522 for field rental.

Beach Patrol, Emergency Services, Transportation, OCCC – No comments or concerns.

Date on Council Agenda: March 3, 2014

Event Approved of Denied:

Other:

Page 1 of 8

PRIVATE EVENT APPLICATION Town of Ocean City, Maryland

NON-REFUNDABLE APPLICATION FEE: $100.00 For Profit Applicants, $25.00 Non-Profit Applicants

RETURN APPLICATION TO: Private Events Coordinator

Town of Ocean City

Recreation and Parks

200 125th

Street

Ocean City, MD 21842

[email protected]

This is an application for use and is not a permit of use. No guarantee of availability or

use is made or implied by the acceptance of the application and fee.

This application is to be completed and forwarded to the Ocean City Special Events

Department at least 90 days prior to the requested event. If an application is submitted

less than 90-days prior to the proposed start date, a late submission fee of $100.00 will be

assessed for both Non-Profit organizations and For-Profit promoters. A new application

must be submitted annually for recurring events.

Any misrepresentation in this application or deviation from the final agreed upon route

and/or method of operation described herein may result in the immediate revocation of

the permit. Applicant’s attention is directed to the accompanying information packet,

entitled “Private Event Application Guidelines.”

All questions on the application must be fully answered. “Same as last year” or similar

comments are not acceptable responses. If a question does not apply, please write “N/A”

in that space. The application will be returned if the information is incomplete. Please

type or print the information clearly. You may attach additional sheets as necessary.

A non-refundable application fee must accompany this document.

$100.00 For-Profit Promoters and $25 Non-Profit Organizations

The minimum fee for City property usage is $150 per day for For-Profit promoters and

$25.00 per day for Non-Profit organizations. For beach use this fee is applied per ocean

block, per day. Races/runs/walks on the beach do not require a per block charge. Set-up

and breakdown days are also subject to this fee assessment.

1. TITLE OF EVENT: ________________________________________________

2. IS THIS A NEW EVENT? __yes______________________________________

Wine in the Park

Page 2 of 8

3. DATE(S) OF EVENT. IF THIS IS A REQUEST FOR A 3-YEAR APPROVAL OR

3-YEAR APPROVAL CONTINUANCE PLEASE PROVIDE THE EVENT DATES

FOR THE NEXT 3-YEARS: June 13-15, 2014___________

4. STARTING & ENDING TIMES OF EVENT: _12 noon until 8 pm

5. PROJECTED SET-UP DATE (S) & TIMES: __Wed. – set up tents

6. PROJECTED CLEAN-UP DATE (S) & TIMES:_Monday – remove tents____

7. LOCATION (Describe area in which event shall be contained; be specific as to how

much area will be used, etc.): _soccer field, west lagoon, Northside Park

_____________________________________________________________________

8. APPLICANT’S NAME: _Chris Nokes____________________________________

9. ORGANIZATION REPRESENTING: _Mid Atlantic Wine Festival_______

_____________________________________________________________________

10. MAILING ADDRESS: _2 Market Space, Annapolis, MD 21401_____________

_____________________________________________________________________

11. WORK PHONE: 4102803306______ HOME PHONE: 4102633323_________

FAX: 4102633807_____________ EMAIL: [email protected]_____________

12. IF ORGANIZATION IS NONPROFIT, YOU MUST SUBMIT A LETTER OF

PROOF OF NON-PROFIT STATUS. HAVE YOU SUBMITTED SUCH

DOCUMENTATION? _N/A_______________________________ IF NOT, WHY?

_____________________________________________________________________

13. ON-SITE EVENT COORDINATOR, IF DIFFERENT THAN APPLICANT:

_____________________________________________________________________

14. LOCAL ADDRESS OF COORDINATOR, IF DIFFERENT THAN QUESTION 10:

_____________________________________________________________________

15. COORDINATOR’S CONTACT INFORMATION IF DIFFERENT THAN

QUESTION 11: HOME: ____________________WORK: _________________

FAX: ____________________________ CELL: __________________________

E-MAIL ADDRESS: ____________________________________________

OTHER: _____________________________________________________________

Page 3 of 8

16. FULLY DESCRIBE THE EVENT AND ALL PROPOSED ACTIVITIES: _____

Sample Wine Tasting, Arts and Crafts, Food and Beer Sales, Live

Entertainment_________________________________________________________

Please attach additional pages to the back of this application

17. WHERE WILL THE EVENT HEADQUARTERS BE LOCATED? _on site______

_____________________________________________________________________

18. VEHICULAR ACCESS TO THE BEACH IS CONTROLLED. DO YOU REQUIRE

SUCH ACCESS? _no_________________ IF SO, WHERE? __________________

19. FULLY DESCRIBE THE UNLOADING AND LOADING OF SUPPLIES,

EQUIPMENT, ETC. IN SUPPORT OF YOUR EVENT (Include location, process,

etc.): _load and unload on site_____________________________________

_____________________________________________________________________

20. WILL YOU SET UP A JUDGING AREA, P.A. SYSTEM, TENTS,

SCAFFOLDING, ETC.? IF SO, PLEASE ILLUSTRATE ON REQUIRED

DIAGRAM AND DESCRIBE HERE: tents and stage

_____________________________________________________________________

21. DESCRIBE THE CROWD CONTROL PROCEDURES YOU INTEND TO

EMPLOY: _OC Police____________________________________

____________________________________________________________________

22. DESCRIBE ANY SPECIAL PARKING/TRAFFIC NEEDS OR

CONSIDERATIONS (Be aware that additional charges may be assessed.): ____

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

____________________________________________________________________

23. HAVE ARRANGEMENTS BEEN MADE FOR MEDICAL ASSISTANCE?

__yes__________ IF SO, WHAT TYPE? __city paramedics

_____________________________________________________________________

24. WHAT IS YOUR RAIN POLICY? ____________________________________

_____________________________________________________________________

Rain or shine

Page 4 of 8

25. WHAT PROVISIONS WILL BE MADE FOR COLLECTION AND DISPOSING

OF SOLID WASTES, INCLUDING GARBAGE AND RECYCLABLES? City

dumpsters and an extra roll off

26. WHAT PROVISIONS WILL BE MADE FOR PARTICIPANT “COMFORT”

(TOILETS, HAND WASHING, ETC.)? portalets and handwashing station

27. DESCRIBE CONCESSIONS/SALE ITEMS REQUESTED: _one food vendor

_____________________________________________________________________

28. DESCRIBE ALL PRODUCT SAMPLING REQUESTED (SPECIFIC SIZES &

QUANTITIES): _1 ounce wine samples

_____________________________________________________________________

_____________________________________________________________________

29. WILL REVENUE BE GENERATED FROM PARTICIPANT FEES,

CONCESSIONS, SPONSORSHIPS OR ANY OTHER SOURCE? yes___________

IF SO, WHO WILL THE PROCEEDS BENEFIT? ___________________________

_Mid Atlantic Wine Festival

_____________________________________________________________________

30. DESCRIBE EVENT PRIZES/AWARDS: __________________________________

_N/A________________________________________________________________

31. WILL YOU BE OFFERING A RAFFLE AT YOUR EVENT? _No______________

Please forward a copy of the approved “One Day Raffle Permit” to the Private Events Coordinator.

32. WILL YOU BE ERECTING A TENT AT YOUR EVENT? _________________

Please forward a copy of the approved “Tent Permit” from the Office of the Fire Marshal to the Private

Events Coordinator.

33. WILL YOU BE HAVING AIR-INFLATED STRUCTURES AT YOUR EVENT?

No______________ Please forward a copy of the approved “Air Support/Air-Inflated Structures

Permit” to the Private Events Coordinator.

34. WILL YOU BE HAVING A BONFIRE AT YOUR EVENT? _________________

Please forward a copy of the approved “Bonfire Permit” to the Private Events Coordinator.

35. WILL YOU BE HAVING FIREWORKS AT YOUR EVENT? _________________

Please forward a copy of the approved “State of Maryland Fire Marshal Fireworks Permit” to the Private

Events Coordinator.

36. DO YOU EXPECT TO SERVE/SELL/DISTRIBUTE ALCOHOLIC BEVERAGES

AT YOUR EVENT? _yes_______ IF SO, PLEASE DESCRIBE INTENT (include

N/A

N/A

N/A

Yes

No

No

Page 5 of 8

beverage type, quantities, drink sizes, location, etc.): __________________________

Wine samples, wine by the glass/bottle, beer by the 12 ounce

glass_________________________________________________________________

_____________________________________________________________________

Please forward a copy of the approved “One Day Alcohol Permit” to the Private Events Coordinator.

37. EXPECTED NUMBER OF PARTICIPANTS: 100 ___________________________

38. EXPECTED NUMBER OF SPECTATORS: _6500__________________________

39. IF YOUR EVENT TAKES PLACE ON THE BEACH, YOU MUST NOTIFY THE

APROPRIATE BEACH FRANCHISE OWNER OF THE INTENDED EVENT.

HAVE YOU DONE SO? _____________WHO DID YOU CONTACT?

_N/A________________________________________________________________

_____________________________________________________________________

40. WHAT ASSISTANCE AND SUPPLIES WILL YOU BE REQUESTING FROM

THE TOWN OF OCEAN CITY (A refundable damage/repair bond of $100.00 is

required for each major end-item borrowed from the Town of Ocean City):

_Will attach list

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

______________________________________________________________

_____________________________________________________________________

41. A STATE HIGHWAY PERMIT MUST BE OBTAINED FOR USE OF ANY

STATE PROPERTY (ROADS, HIGHWAYS, ETC.) HAVE YOU ALREADY

OBTAINED TIS PERMIT? _N/A_______________IF SO, PLEASE ATTACHED A

COPY TO THE BACK OF THIS APPLICATION. Please forward a copy of the approved

“MDOT Highway Permit” to the Private Events Coordinator.

42. For parade organizers only: EXPECTED NUMBER OF OVERSIZED VEHICLES

(LARGER THAN 12 FT TALL, 8 FT WIDE AND/OR 20 FT. LONG) TRAVELING

THE PARADE ROUTE: ______________ DESCRIBE: ______________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

N/A

Page 6 of 8

43. LIST LOCATIONS AND DATES FOR PRIOR EVENTS HELD THE PAST FIVE

(5) YEARS: __________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

44. LIST ALL SPONSORS ASSOCIATED WITH YOUR EVENT (Please read and

comply with the Town of Ocean City’s sponsorship policy. The application will not

be approved without sponsors. If no sponsors, please state “No Sponsors” in area

provided below.): _No sponsors

_____________________________________________________________________

45. LIST ADDITIONAL COMMENTS AND/OR REQUESTS NO COVERED IN THIS

APPLICATION: ______________________________________________________

_No_________________________________________________________________

_____________________________________________________________________

46. PLEASE ATTACH A DETAILED DIAGRAM OF THE EVENT LAYOUT. MAKE

SURE YOU INCLUDE LOCATION OF HEADQUARTERS, PA SYSTEM,

STAGE, CONCESSIONS, COURTS, BANDS, ETC.

IS DIAGRAM INCLUDED WITH APPLICATION? YES____ NO__XX_____

An event diagram MUST be included for an event to be considered.

INSURANCE REQUIREMENT:

For the protection of the public and the Mayor and City Council, the applicant shall

obtain, at the applicant’s own expense, general liability insurance coverage, which shall

include coverage for personal injury in the amount of one million dollars ($1,000,000)

single limit. Said insurance coverage shall name the Mayor and City Council as

additional insured, with the address on the certificate listed as 301 Baltimore Avenue,

Ocean City, Maryland 21842. A copy of the Insurance Policy Addendum, showing the

addition of the Mayor and City Council as additional insured, is also to be provided. The

certificate of insurance and the addendum shall be furnished to the Private Events

Coordinator, no later than 30-days before the private event.

INSURANCE CERTIFICATE AND ADDENDUM:

___XX_________INCLUDED WITH APPLICATION

____________TO BE OBTAINED AND FORWARDED NO LATER THAN THIRTY

(30) DAYS PRIOR TO THE EVENT

June 2013 Northside Park , September and/or October Wine on the Beach,

Inlet lot for many years

.

Page 7 of 8

COCA-COLA EXCLUSIVE PRODUCT AGREEMENT DISCLOSURE:

The applicant must comply with all provisions of the Town’s agreement with Coca-Cola

Refreshments as it pertains to the distribution or sales of beverages by the applicant on

Town property. The applicant agrees to sell, dispense or serve only Coca-Cola beverages

on Town premises for the duration of the permitted use.

The applicant is expressly prohibited from using the beverages of other suppliers, said

beverages to include soft drinks, juices, sport drinks, specified energy drinks and bottled

waters. The permitted beverages include Coca-Cola, Diet Coke, Sprite, Pibb Xtra, Mello

Yello, Fresca, Nestea, Arizona Tea, Honest Tea, Barqs Root Beer, Fanta, Minute Maid,

Seagrams Ginger Ale, PowerAde, V-8 Juice, Fuze Juice, Monster, Tum E Yummies,

Dasani and other products that Coca-Cola may provide in accordance with its agreement

with the Town of Ocean City.

I have read this disclosure and agree that I will comply with its provisions.

APPLICANT’S SIGNATURE____________________________DATE______________

MANDATED CHANGES/CANCELLATION

Applicant understands that any event or event date can be changed or canceled at the

direction of the Mayor and City Council if the approved event interferes with Public

Works project(s) or any other necessary governmental function. Such action may be

directed at any time.

APPLICANT’S SIGNATURE___________________________DATE_______________

LOCAL ORDINANCE DISCLOSURE AND COMPLIANCE

The applicant agrees to comply with the provisions of all applicable ordinances of the

Town of Ocean City. Specifically all permitted uses on or within 75 feet of the

Boardwalk are required to comply with the provisions of chapter 62 of the Code which

expressly prohibits the public sale, rental or exchange for a donation of any goods, wares,

merchandise, foodstuffs, refreshments or other commodities or services.

I have read this disclosure and will comply with all provisions of the local ordinances

including Chapter 62 of the Town Code.

APPLICANT’S SIGNATURE___________________________DATE_______________

Signature on file 8/29/2013

Signature on file 8/29/2013

Signature on file 8/29/2013

Page 8 of 8

HOLD HARMLESS CLAUSE:

Permitee (organization/applicant) shall assume all risks incident to or in connection with

the permitee activity and shall be solely responsible for damage or injury, of whatever

kind or nature, to person or property, directly or indirectly arising out of or in connection

with the permitee activity or the conduct of Permitee’s operation. Permitee hereby

expressly agrees to defend and save the Town of Ocean City, its officers, agents,

employees and representatives harmless from any penalties for violation of any law,

ordinance, or regulation affecting its activity and from any and all claims, suits, losses,

damages, or injuries directly or indirectly arising out of or in connection with the

permitee activity or conduct of its operation or resulting from the negligence or

intentional acts or omissions of Permitee or its officers, agent and employees.

APPLICANT’S SIGNATURE___________________________DATE_______________

PRIVATE EVENT APPLICATION COMPLIANCE REQUIREMENT

The applicant for the private event described in this application agrees to follow

guidelines provided and submit a complete application including all required submission

of materials.

The applicant agrees to take full responsibility for all city-owned property, whether

borrowed, leased or rented, and understands that necessary replacement and/or repair fees

may be assessed should such property be in an unacceptable condition.

The applicant agrees to abide by all provisions of the private event permit granted by the

Town and agrees to pay all fees and costs assigned to the permit. The applicant further

agrees to comply with all conditions of the use permit, which may be required by the

Mayor and City Council of the Town.

I have read and will copy with all special event application requirements.

APPLICANT’S SIGNATURE___________________________DATE_______________

Signature on file 8/29/2013

Signature on file 8/29/2013

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, APRIL 7, 2014

10 – ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR

A. Second Reading – Ordinance 2014-06 to Amend Chapter 39

Entitled Franchises (requires franchisees to sign affidavit declaring that all federal, state, county and municipal taxes are paid)

TOWN OF

The White Marlin Capital of the World

TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Kelly L. Allmond RE: Second reading of ordinance to amend Chapter 39, entitled Franchises DATE: April 1, 2014

ISSUE(S): Ordinance adding tax payment verification language to Franchise Code

SUMMARY: At the January 28, 2014, Work Session, the Council asked City Solicitor Ayres to draft an ordinance amending Chapter 39 of the Town Code. This amendment requires that beach equipment, beach photographer and vehicle vending franchisees sign an affidavit declaring that all federal, state, county and municipal taxes have been paid for years prior to and through the current tax reporting period or due date.

FISCAL IMPACT: None RECOMMENDATION: Ratify ordinance. ALTERNATIVES: Modify or do not pass. RESPONSIBLE STAFF: Kelly L. Allmond, City Clerk COORDINATED WITH: Guy Ayres, City Solicitor ATTACHMENT(S): Ordinance

Agenda Item # 10A

Council Meeting 04/01/2014

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, APRIL 7, 2014

10 – ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR

B. Second Reading – Ordinance 2014-07 to Amend Chapter

106 Entitled Waterways (incorporates stand-up paddle board guidelines into beach regulation code)

TOWN OF

The White Marlin Capital of the World TO: The Honorable Mayor, Council President and Members of Council FROM: David L. Recor, ICMA-CM, City Manager RE: Second reading of ordinance regarding stand-up paddle boards DATE: April 1, 2014 ISSUE(S): Stand-up paddle boards SUMMARY: Ward Kovacs presented a draft stand-up paddle board pilot

program to the Recreation and Parks Committee. The Committee members and the members of the Surfing Beach Sub-Committee supported the pilot program recommendations. Council unanimously approved the pilot program at the February 18, 2014, Regular Session. This ordinance incorporates stand-up paddle board guidelines into Chapter 106, Article II, Division 2 entitled Beach Activities.

FISCAL IMPACT: Not applicable RECOMMENDATION: Ratify ordinance. ALTERNATIVES: Do not change code. RESPONSIBLE STAFF: Thomas Shuster, Recreation & Parks Director

Ward Kovacs, Beach Patrol 2nd Lt./SRT COORDINATED WITH: Recreation and Parks Committee

Surfing Beach Sub-Committee ATTACHMENT(S): Ordinance

Agenda Item # 10B

Council Meeting April 1, 2014

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, APRIL 7, 2014

10 – ITEMS REFERRED TO AND PRESENTATIONS FROM THE CITY SOLICITOR

C. First Reading – Ordinance Authorizing the Mayor and

Council to Issue a General Obligation Bond not to exceed Six Hundred Thousand Dollars (tax exempt bond to finance purchase of 312 Baltimore Avenue and 106 Somerset Street)

TOWN OF

The White Marlin Capital of the World

TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Martha J. Bennett, Finance Administrator RE: First reading of ordinance to issue tax exempt bond DATE: March 25, 2014

ISSUE(S): Tax exempt bond to finance purchase of two properties. SUMMARY: First reading of ordinance authorizing the Mayor and Council to

issue and sell a general obligation bond. This tax exempt bond will be issued to finance the purchase of 312 S. Baltimore Avenue and 106 Somerset Street. A $600,000 bond for six years at 2% will be held by the seller.

FISCAL IMPACT: Debt service paid from OCDC Inlet Parking Lot proceeds. RECOMMENDATION: Approve ordinance for second reading. ALTERNATIVES: Do not approve. RESPONSIBLE STAFF: Cheryl Guth, McGuire Woods, Bond Counsel

Guy Ayres, City Solicitor COORDINATED WITH: Martha J. Bennett, CPA, Finance Administrator ATTACHMENT(S): Ordinance

Agenda Item # 10C

Council Meeting April 7, 2014

1

FIRST READING: __/__/2014

SECOND READING: __/__/2014

MAYOR AND CITY COUNCIL OF OCEAN CITY

ORDINANCE NO. 2014-___

AN ORDINANCE to authorize and empower Mayor and City Council of Ocean City to

issue and sell, upon its full faith and credit, its general obligation bond in an aggregate principal

amount not to exceed Six Hundred Thousand Dollars ($600,000), pursuant to the authority of

Sections 19-301 through 19-309, inclusive, of the Local Government Article of the Annotated

Code of Maryland (2013 Volume) and Section C-719 of the Charter of Mayor and City Council

of Ocean City, as amended, to be designated as “General Obligation Bond, Series 2014B”, said

bond to be issued for the public purpose of financing a portion of the costs of purchasing certain

parcels of real property known as 312 Baltimore Avenue and 106 Somerset Street; providing for

the issuance of said bond to the seller of such real property in partial payment of the purchase

price thereof; prescribing the form and tenor of said bond; determining other matters relating to

the issuance of said bond; covenanting to levy and collect all taxes necessary to provide for the

payment of the principal of and interest on said bond; and generally relating to the issuance, sale

and delivery of said bond.

RECITALS

The authority for the powers herein exercised is contained in Section C-719 of the

Charter (the “Charter”) of Mayor and City Council of Ocean City (the “City”) and in Sections

19-301 through 19-309, inclusive, of the Local Government Article of the Annotated Code of

Maryland (2013 Volume) (the “Enabling Act”, and together with the Charter, the “Authorizing

Legislation”).

The Authorizing Legislation authorizes and empowers the City to borrow money for

certain public purposes and to evidence such borrowing by the issuance of its general obligation

bonds in accordance with the procedure prescribed by the Authorizing Legislation, subject to the

limitation that no bond shall be issued by the City pursuant to the authority of the Authorizing

Legislation if, by the issuance thereof, the total bonded indebtedness of the City represented by

its bonds payable from its general tax revenues then would exceed the amount permitted

pursuant to the Authorizing Legislation.

2

The City proposes to issue the Bond (as defined below) to finance a portion of the costs

of purchasing certain parcels of real property known as 312 Baltimore Avenue and 106 Somerset

Street.

The Charter contains no limitations upon the rate at which ad valorem taxes may be

levied by the City for the payment of the principal of and interest on said bonded indebtedness.

Since the adoption of Article XI-E as an amendment of the Constitution of Maryland, the

General Assembly has passed no law proposing a limitation upon the rate at which taxes may be

levied by the City, or a limitation upon the amount of bonded indebtedness which may be

incurred by the City.

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL

OF OCEAN CITY, that:

Section 1: Acting pursuant to the authority of the Authorizing Legislation, the City

hereby determines that the issuance of its General Obligation Bond, Series 2014B, authorized to

be issued by this Ordinance, for the public purpose of acquiring certain parcels of real property

known as 312 Baltimore Avenue and 106 Somerset Street (the “Property”) is in the best interests

of the City.

Section 2: Acting pursuant to the authority of the Authorizing Legislation, the City

shall issue upon its full faith and credit, its general obligation bond in an aggregate principal

amount not to exceed Six Hundred Thousand Dollars ($600,000), said bond to be designated as

“General Obligation Bond, Series 2014B” (the “Bond”). The Bond shall mature on the date that

is six years from its date of issuance and shall bear interest at the rate of two percent (2.00%) per

annum. Principal and interest on the Bond shall be payable on such dates and in such amounts as

provided in the form of the Bond set forth in Exhibit A.

3

Section 3: The Bond shall be issued in part payment of the purchase price of the

Property and registered in the name of the seller or his designee (the “Seller”).

Section 4: The Bond shall be executed in the name of the City and on its behalf by

the Mayor. Such signature of the Mayor shall be manual or shall be imprinted on such Bond by

facsimile; an imprint of the corporate seal of the City (or a facsimile thereof) shall also be affixed

thereon, attested by the manual or facsimile signature of the City Clerk of the City (the “City

Clerk”); all in accordance with and pursuant to the authority of the Maryland Uniform Facsimile

Signature of Public Officials Act. In the event any official whose signature shall appear on the

Bond shall cease to be such official prior to the delivery of the Bond, or in the event any such

official whose signature shall appear on the Bond shall have become such after the date of issue

thereof, the Bond shall nevertheless be a valid and legally binding obligation of the City in

accordance with its terms.

Section 5: Except as provided hereinafter or in resolutions or ordinances of the City

adopted prior to the issuance and delivery of the Bond, the Bond shall be substantially in the

form set forth in Exhibit A. Appropriate variations and insertions may be made to provide dates,

numbers and amounts, and modifications not altering its substance may be made by the Mayor to

carry into effect the purposes of this Ordinance or to comply with the recommendations of legal

counsel. Such form and all of the covenants therein contained are hereby adopted by the City as

and for the form of obligation to be incurred by the City, and such covenants are hereby made

binding upon the City, including the promise to pay therein contained.

Section 6: The Mayor is expressly authorized and empowered to take any and all

action necessary to complete and close the issuance and delivery of the Bond to the Seller,

4

including, without limitation, making such changes or modifications in the form of the Bond

approved hereby as may be necessary or appropriate to comply with the Contract of Sale.

Section 7: In order to provide for the payment of the principal of and interest on the

Bond when due, there shall be appropriated in the next ensuing fiscal year of the City and in each

fiscal year thereafter, so long as the Bond is outstanding and unpaid, or until a sufficient fund has

been accumulated and irrevocably set aside for such purpose, an amount sufficient to meet the

debt service on the Bond coming due in such fiscal year. Funds on deposit in the Inlet Parking

Lot Fund are expected to be available and sufficient to pay such principal and interest. To the

extent such funds are not sufficient to pay such principal and interest, there shall be levied ad

valorem taxes upon all property within the corporate limits of the City subject to assessment for

full City taxes, in rate and amount sufficient in each such fiscal year to provide, to the extent

necessary, for the payment when due of the principal of and interest on the Bond maturing in

each such fiscal year. In the event the proceeds from the taxes so levied in each such fiscal year

shall prove inadequate for the above purposes, additional taxes shall be levied in the subsequent

fiscal year to make up any deficiency.

To assure the performance by the City of the provisions of this Section, the full faith and

credit and unlimited taxing power of the City are hereby irrevocably pledged to the payment to

maturity of the principal of and interest on the Bond as and when the same matures and becomes

payable and to the levy and collection of the taxes hereinabove described as and when such taxes

may become necessary in order to provide sufficient funds to meet the debt service requirements

of the Bond; this pledge is made hereby for the benefit of the holder, from time to time, of the

Bond.

5

The City hereby solemnly covenants and agrees with the holder of the Bond to levy and

collect the taxes hereinabove described and to take any other action that may be appropriate from

time to time during the period that the Bond remains outstanding and unpaid to provide the funds

necessary to make principal and interest payments thereon when due.

Section 8: The Mayor and the Finance Administrator shall be the officers of the City

responsible for the issuance of the Bond within the meaning of the Arbitrage Regulations

(defined below). If deemed necessary and appropriate by the Mayor, the Mayor and the Finance

Administrator shall also be the officers of the City responsible for the execution and delivery (on

the date of issuance of the Bond) of a certificate of the City (the “Tax and Section 148

Certificate”) which complies with the requirements of Section 148 of the Internal Revenue Code

of 1986, as amended (“Section 148”), and the applicable regulations thereunder (the “Arbitrage

Regulations”), and such officials are hereby authorized to execute the Tax and Section 148

Certificate and to deliver the same on the date of the issuance of the Bond.

The City covenants with the registered owner of the Bond that it will not make, or (to the

extent that it exercises control or direction) permit to be made, any use of the Bond Proceeds

which would cause the Bond to be an “arbitrage bond” within the meaning of Section 148 and

the Arbitrage Regulations. The City further covenants that it will comply with Section 148 and

the Arbitrage Regulations which are applicable to the Bond on the date of issuance of the Bond

and which may subsequently lawfully be made applicable to the Bond as long as the Bond

remains outstanding and unpaid. The Mayor and the Finance Administrator are hereby

authorized to prepare or cause to be prepared and to execute, respectively, any certification,

opinion or other document, including, without limitation, the Tax and Section 148 Certificate,

which may be required to assure that the Bond will not be deemed to be an “arbitrage bond”

6

within the meaning of Section 148 and the Arbitrage Regulations. All officers, employees and

agents of the City are hereby authorized and directed to take such actions, and to provide such

certifications of facts and estimates regarding the amount and use of the proceeds of the Bond as

may be necessary or appropriate from time to time to comply with, or to evidence the City’s

compliance with, the covenants set forth in this Section.

The City further covenants with the registered owner of the Bond that it shall make such

use of the proceeds of the Bond, regulate the investment thereof, and take such other and further

actions as may be required to maintain the excludability from gross income for federal income

tax purposes of interest on the Bond.

The Mayor may make such covenants and agreements in connection with the issuance of

the Bond as he shall deem advisable in order to assure the registered owner of the Bond that

interest thereon shall be and remain excludable from gross income for federal income tax

purposes, and such covenants and agreements shall be binding on the City so long as the

observance by the City of any such covenants or agreements is necessary in connection with the

maintenance of the exclusion of the interest on the Bond from gross income for federal income

tax purposes, including (without limitation) covenants or agreements relating to the investment

of Bond Proceeds, the payment of certain earnings resulting from such investment to the United

States, limitations on the times within which, and the purposes for which, Bond Proceeds may be

expended, or the use of specified procedures for accounting for and segregating Bond Proceeds.

Any covenant or agreement made by the Mayor or the Finance Administrator pursuant to this

paragraph may be set forth in or authorized by the Tax and Section 148 Certificate or an order

executed by the Mayor.

7

Section 9: Pursuant to the authority of this Ordinance, all officers, employees and

agents of the City may take such actions and execute and deliver such documents as are

necessary or appropriate from time to time to provide for the issuance and delivery of the Bond.

Section 10: This Ordinance shall take effect from the date of its approval by the

Mayor, on or following the date of its final passage.

[signatures appear on next page]

8

THIS ORDINANCE was introduced and read at a meeting of the Mayor and City

Council held on the __ day of _________________, 2014, and thereafter, a statement of the

substance of the Ordinance having been published as required by law, was finally passed by the

Mayor and City Council on the ___ day of ___________________, 2014.

Lloyd Martin, President of the City Council

Approved by me this ____ day of __________________, 2014.

Kelly L. Allmond, City Clerk Richard W. Meehan, Mayor

Approved as to form by:

Guy R. Ayres, III, Town Attorney

Mary Knight, Secretary of the City Council

A-1

EXHIBIT A

Form of Bond

No. R-1 $_______

UNITED STATES OF AMERICA

STATE OF MARYLAND

MAYOR AND CITY COUNCIL OF OCEAN CITY

GENERAL OBLIGATION BOND, SERIES 2014B

Interest Rate Per Annum Maturity Date Date of Original Issue

_____%

____________, 2020

______________, 2014

REGISTERED OWNER:

PRINCIPAL AMOUNT DOLLARS

Mayor and City Council of Ocean City (the “City”), a municipal corporation created and existing

under the laws of the State of Maryland, hereby acknowledges itself indebted, and, for value

received, promises to pay to the Registered Owner shown above or registered assigns or legal

representatives, the principal amount hereof, together with interest on the outstanding principal

amount hereof at the Interest Rate per annum shown above, in installments on the dates and in

the amounts set forth herein, to the person in whose name this Bond is registered (the

“Registered Owner”) on the Bond Register (hereinafter defined) on the business day immediately

prior to such payment date.

Both principal of and interest on this Bond are payable in lawful money of the United States of

America. The principal of and interest on this Bond are payable by check or by wire transfer

mailed or sent to the Registered Owner hereof without presentation and surrender except for the

final payment of principal and interest which shall be payable upon presentation and surrender

hereof at the office of the Finance Administrator of the City (the “Finance Administrator”). If

any payment is due hereunder on a day on which the City or banks in the State of Maryland

and/or the state in which the holder of this Bond is located are closed, the City will not be

required to make payment until the next succeeding business day, and no interest will accrue on

such payment in the intervening period.

This Bond is issued pursuant to and in full conformity with the provisions of Section C-719 of

the Charter (the “Charter”) of the City and Sections 19-301 through 309, inclusive, of the Local

Government Article of the Annotated Code of Maryland (2013 Volume) (the “Enabling Act”,

and together with the Charter, the “Authorizing Legislation”) and by virtue of due proceedings

A-2

had and taken by the Council of the City, particularly Ordinance No. 2014-___ adopted on the

___ day of _______, 2014 (the “Ordinance”).

The principal of and interest on this Bond shall be payable as follows:

Payment Date Principal

Amount

Interest Amount Total

June __, 2015 $95,115.49 $12,000.00 $107,115.49

June __, 2016 97,017.80 10,097.69 107,115.49

June __, 2017 98,958.16 8,157.33 107,115.49

June __, 2018 100,937.32 6,178.17 107,115.49

June __, 2019 102,956.07 4,159.42 107,115.49

June __, 2020 105,015.16 2,100.30 107,115.49

This Bond may be transferred only by an assignment duly executed by the Registered Owner

hereof or such owner’s attorney or legal representative in the form attached hereto or such other

form satisfactory to the Finance Administrator, acting as bond registrar (the “Bond Registrar”).

Such transfer shall be made in the registration books kept by the Bond Registrar upon

presentation and surrender hereof and the City shall execute, and the Bond Registrar shall deliver

in exchange, a new Bond having an equal aggregate principal amount, of the same form and

maturity, bearing interest at the same rate, and registered in such name as requested by the then

Registered Owner hereof or such owner’s attorney or legal representative. Any such exchange

shall be at the expense of the City, except that the Bond Registrar may charge the person

requesting such exchange the amount of any tax or other governmental charge required to be

paid with respect thereto.

The City shall treat the Registered Owner as the person exclusively entitled to payment of

principal and interest and the exercise of all other rights and powers of the owner hereof.

The full faith and credit and unlimited taxing power of the City are hereby irrevocably pledged to

the prompt payment of the principal of and interest on this Bond according to its terms, and the

City does hereby covenant and agree to pay the principal of this Bond and the interest thereon, at

the dates and in the manner mentioned herein, according to the true intent and meaning thereof.

It is hereby certified and recited that all conditions, acts and things required by the Constitution

or statutes of the State of Maryland, the Charter of the City and the Ordinance to exist, to have

happened or to have been performed precedent to or in the issuance of this bond, exist, have

happened and have been performed, and that this bond, together with all other indebtedness of

the City, is within every debt and other limit prescribed by said Constitution or statutes or

Charter, and that due provision has been made for the levy and collection of an ad valorem tax or

taxes, to the extent necessary, upon all legally assessable property within the corporate limits of

the City in rate and amount sufficient to provide for the payment, when due, of the principal of

and interest on this bond.

A-3

IN WITNESS WHEREOF, this bond has been executed by the manual or facsimile

signature of the Mayor of the City, which signature, if by facsimile, has been imprinted hereon,

the corporate seal of the City (or a facsimile thereof) has been imprinted hereon, attested by the

manual or facsimile signature of the City Clerk of the City all as of the Date of Original Issue set

forth above.

[SEAL]

ATTEST:

MAYOR AND CITY COUNCIL OF

OCEAN CITY

By: (manual or facsimile signature)

Mayor

(manual or facsimile signature)

City Clerk

A-4

(Form of Assignment)

FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto

_________________ the within bond and all rights thereunder, and does hereby constitute and

appoint _______________________ to transfer the within bond on the books kept for the

registration thereof, with full power of substitution in the premises.

Dated: __________________________

Notice: The signature to this assignment must correspond with the name as it appears

upon the face of the within bond in every particular, without alteration or enlargement or any

change whatever.

Signature Guarantee:

Note: Signature(s) must be guaranteed by an

“eligible guarantor institution” meeting the

requirements of the Bond Registrar, which

requirements include membership or

participation in STAMP or such other

“signature guaranty program” as may be

determined by the Bond Registrar in

addition to or in substitution for STAMP, all

in accordance with the Securities Exchange

Act of 1934, as amended.

___________________________________

(Please insert social security or other

identifying number of assignee)

______________________________________________________________________________

The following abbreviations, when used in this bond, shall be construed as though they

were written out in full according to applicable laws or regulations:

UNIF TRANS MIN ACT

TEN COM - as tenants in common

TEN ENT - as tenants by the entireties

JT Ten - as join tenants with right

of survivorship and not as

tenants in common

Additional abbreviations may also be used though

not in the above list.

A-5

I hereby certify that this is a true and exact copy of

Ordinance 2014-___

Kelly L. Allmond, City Clerk

Town of Ocean City

55206586_2.DOCX

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, APRIL 7, 2014

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, APRIL 7, 2014

12 – COMMENTS FROM THE CITY MANAGER

A. Review of tentative work session agenda for April 15, 2014

REGULAR SESSION -MAYOR AND CITY COUNCIL MONDAY, APRIL 7, 2014

13 – COMMENTS FROM MAYOR AND CITY COUNCIL