MAYORANDCITYCOUNCIL

WORKSESSION
Tuesday,July15,20141:00P.M.

AClosedSessionisscheduledfrom12:001:00P.M.todiscusslegal,contractualandrealestatematters.

AGENDA

1. CALLTOORDER

2. REPORTONCLOSEDSESSIONTuesday,July15,201412:001:00p.m.

3. ACKNOWLEDGEMENTSANDRECOGNITIONS

4. COMMENTSFROMTHEPUBLIC
AnypersonwhomaywishtospeakonamatterscheduledfordiscussionontheWorkSessionAgenda
maybeheardduringCommentsfromthePublicforaperiodofthree(3)minutesorsuchtimeasmay
bedeemedappropriatebytheCouncilPresident.Anyonewishingtobeheardshallstatetheirname,
addressandtheAgendaitemonwhichheorshewishestospeak.

5. NEWBUSINESS

A. BidOpenings
1. FrontLoadRefuseTruck
2. SideLoadRefuseTruck

B. DiscussionofAdvertisingAgreementpresentedbyTourismDirector

C. RequesttoSoleSourcePurchaseFournierRotaryPresspresentedbyWastewaterSuperintendent

D. RequesttoApproveSoleSourcePurchaseofEMSTrainingServicespresentedbyDeputyFireChief

6. ADJOURN

WORK SESSION -MAYOR AND CITY COUNCIL
TUESDAY, JULY 15, 2014



2. Report on Closed Session July 15, 2014 12:00 p.m.
1:00 p.m. Legal, Contractual and Real Estate Matters



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
X
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: Tuesday, July 15, 2014 12:00 p.m.
PLACE: City Hall
SUBJ ECT: Legal, Contractual and Real Estate Matters
VOTE: UNANIMOUS
OTHER: FOR:


AGAINST:
ABSTAIN:
ABSENT:
REPORT OF CLOSED SESSION
OF THE MAYOR AND CITY COUNCIL OF OCEAN CITY


Prior to the open session of the Mayor and City Council being held on Tuesday, J uly
15, 2014, a closed session was held on Tuesday, J uly 15, 2014. The following is a
report of the closed session.
1. A statement of the time, place, and purpose of the closed session is attached.
2. A record of the vote of each member as to closing the session is attached.
3. A citation of the authority under the law for closing the session is attached.
4. (a) Topics of Discussion: Legal, Contractual and Real Estate 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
J oe Mitrecic
City Solicitor Guy Ayres
Public Works Director Hal Adkins
Executive Office Associate Diana Chavis


Action(s) taken:

Motion to close meeting:



Time adjourned:


















WORK SESSION -MAYOR AND CITY COUNCIL
TUESDAY, JULY 15, 2014


4. COMMENTS FROM THE PUBLIC

Any person who may wish to speak on a matter scheduled for discussion on the Work
Session Agenda may be heard during Comments from the Public for a period of three
(3) 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.




















WORK SESSION -MAYOR AND CITY COUNCIL
TUESDAY, JULY 15, 2014


5. NEW BUSINESS

A. Bid Openings

1) Front Load Refuse Truck
2) Side Load Refuse Truck

Note: Please acknowledge bids and remand to staff for review.
Vendor Bid
Barr International, Inc.
2407 N. Salisbury Blvd.
Salisbury, MD 21801
Wayne Hoke
410-546-1122
wfhoke@barrtruck.com
Elliott Equipment Co., Inc.
Elliott/Wilson Trucks
327 N. Aurora Street
Easton, MD 21601
Beth Brittingham
410-822-0066
beth@ewtrucks.com
Golden Equipment
PO Box 873
393 Mars Valencia Road
Mars, PA 16046
Leslie Bennett
724-625-3100
golden4pa@hotmail.com
GranTurk Equipment Co., Inc.
One Schuylkill Parkway
Building B
Bridgeport, PA 19405
Joel Chernin
610-659-6798
jchernin@granturk.com
Harvey Mack Sales
30299 Foskey Lane
Delmar, MD 21875
Mike Heleva
410-896-3562
mheleva@harveytruckcenter.com
Ingold, Inc.
P. O. Box 548
Bel Air, MD 21014
Glenn Ingold
410-879-9114
ingolds@bellatlantic.net
Front Load Refuse Truck
Vendor Listing
Vendor Bid
Front Load Refuse Truck
Vendor Listing
McNeilus
P. O. Box 219
941 Hemlock Road
Morgantown, PA 19543
Mark McLaughlin
610-286-0400
mmclaughlin@mcneilusco.com
Maryland Industrial Trucks
1330 W. Nursery Road
Linthicum, MD 21090
Mike Moylan
443-386-2219
mmoylan@mdindustrialtrucks.com
Mid-Atlantic Waste Systems
10641 Cordova Road
Easton, MD 21601
Jack Mason
410-820-7188 Ext. 3003
jmason@mawaste.com
Peterbilt of Baltimore
5100 Holabird Avenue
Baltimore, MD 21224
Sean Walsh
410-342-3400
swalsh@thepetestore.com
Tidewater Mack, Inc.
310 Bulldog Drive
Chesapeake, VA 23320
Richard H. Doub
800-359-6225
rdoub@tmitruck.com
Toms Truck Sales, LLC
8620 Quarry Road
Manassas, VA 20110
Tom Hugill
800-361-7305
tom@tomstrucksales.com
Vendor Bid
Front Load Refuse Truck
Vendor Listing
Waste Equipment Sales & Service LLC
3300A Transway Road
Halethorpe, MD 21227
Mike Adcock/Tim Burns
443-324-2965
anthony@wess.us

ADVERTISEMENT


Town of Ocean City, Maryland
Front Load Refuse Truck


The Town of Ocean City is seeking bids from qualified and experienced vendors to provide one
(1) Front Load Refuse Truck in conformity with the specifications detailed in the Bid Documents.


Bid Documents for the Front Load Refuse Truck may be obtained from the Town of Ocean Citys
Procurement Department by either e-mailing the Procurement Manager, Catrice Parsons, at
cparsons@oceancitymd.gov or by calling 410-723-6643 during normal business hours, or via
the Towns website, http://oceancitymd.gov/City_Manager/bids.html. Vendors are responsible
for checking this website for addenda prior to submitting their bids. The Town of Ocean City is
not responsible for the content of any Bid Document received through any third party bid
service. It is the sole responsibility of the vendor to ensure the completeness and accuracy of
their Completed Bid Documents.


Sealed Bid Documents are due no later than 4:30 PM, Monday July 14
th
, 2014 and will be
opened and read aloud at the Work Session Meeting the following day at 1:00 PM, Tuesday July
15
th
, 2014. Bids are to be submitted to The Mayor and City Council of Town of Ocean City, Attn:
City Managers Office, 301 N. Baltimore Avenue, Ocean City, Maryland 21842. Late Completed
Bid Documents may or may not be accepted, Council will use their discretion in determining
acceptance of late Completed Bid Documents.


Minority business enterprise vendors are encouraged to compete for award of said Goods.


Catrice Parsons, CPSM
Procurement Manager
Town of Ocean City, Maryland


Vendor Bid
Barr International, Inc.
2407 N. Salisbury Blvd.
Salisbury, MD 21801
Wayne Hoke
410-546-1122
wfhoke@barrtruck.com
Elliott Equipment Co., Inc.
Elliott/Wilson Trucks
327 N. Aurora Street
Easton, MD 21601
Beth Brittingham
410-822-0066
beth@ewtrucks.com
Golden Equipment
PO Box 873
393 Mars Valencia Road
Mars, PA 16046
Leslie Bennett
724-625-3100
golden4pa@hotmail.com
GranTurk Equipment Co., Inc.
One Schuylkill Parkway
Building B
Bridgeport, PA 19405
Joel Chernin
610-659-6798
jchernin@granturk.com
Harvey Mack Sales
30299 Foskey Lane
Delmar, MD 21875
Mike Heleva
410-896-3562
mheleva@harveytruckcenter.com
Ingold, Inc.
P. O. Box 548
Bel Air, MD 21014
Glenn Ingold
410-879-9114
ingolds@bellatlantic.net
Side Load Refuse Truck
Vendor Listing
Vendor Bid
Side Load Refuse Truck
Vendor Listing
McNeilus
P. O. Box 219
941 Hemlock Road
Morgantown, PA 19543
Mark McLaughlin
610-286-0400
mmclaughlin@mcneilusco.com
Maryland Industrial Trucks
1330 W. Nursery Road
Linthicum, MD 21090
Mike Moylan
443-386-2219
mmoylan@mdindustrialtrucks.com
Mid-Atlantic Waste Systems
10641 Cordova Road
Easton, MD 21601
Jack Mason
410-820-7188 Ext. 3003
jmason@mawaste.com
Peterbilt of Baltimore
5100 Holabird Avenue
Baltimore, MD 21224
Sean Walsh
410-342-3400
swalsh@thepetestore.com
Tidewater Mack, Inc.
310 Bulldog Drive
Chesapeake, VA 23320
Richard H. Doub
800-359-6225
rdoub@tmitruck.com
Toms Truck Sales, LLC
8620 Quarry Road
Manassas, VA 20110
Tom Hugill
800-361-7305
tom@tomstrucksales.com
Vendor Bid
Side Load Refuse Truck
Vendor Listing
Waste Equipment Sales & Service LLC
3300A Transway Road
Halethorpe, MD 21227
Mike Adcock/Tim Burns
443-324-2965
anthony@wess.us

ADVERTISEMENT


Town of Ocean City, Maryland
Side Load Refuse Truck


The Town of Ocean City is seeking bids from qualified and experienced vendors to provide one
(1) Side Load Refuse Truck in conformity with the specifications detailed in the Bid Documents.


Bid Documents for the Side Load Refuse Truck may be obtained from the Town of Ocean Citys
Procurement Department by either e-mailing the Procurement Manager, Catrice Parsons, at
cparsons@oceancitymd.gov or by calling 410-723-6643 during normal business hours, or via
the Towns website, http://oceancitymd.gov/City_Manager/bids.html. Vendors are responsible
for checking this website for addenda prior to submitting their bids. The Town of Ocean City is
not responsible for the content of any Bid Document received through any third party bid
service. It is the sole responsibility of the vendor to ensure the completeness and accuracy of
their Completed Bid Documents.


Sealed Bid Documents are due no later than 4:30 PM, Monday July 14
th
, 2014 and will be
opened and read aloud at the Work Session Meeting the following day at 1:00 PM, Tuesday July
15
th
, 2014. Bids are to be submitted to The Mayor and City Council of Town of Ocean City, Attn:
City Managers Office, 301 N. Baltimore Avenue, Ocean City, Maryland 21842. Late Completed
Bid Documents may or may not be accepted, Council will use their discretion in determining
acceptance of late Completed Bid Documents.


Minority business enterprise vendors are encouraged to compete for award of said Goods.


Catrice Parsons, CPSM
Procurement Manager
Town of Ocean City, Maryland




















WORK SESSION -MAYOR AND CITY COUNCIL
TUESDAY, JULY 15, 2014


5. NEW BUSINESS

B. Discussion of Advertising Agreement presented by Tourism
Director


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: Donna Abbott, Tourism & Marketing Director
RE: Advertising agency contract discussion
DATE: July 9, 2014


ISSUE(S): Discussion of the advertising agency contract

SUMMARY: The town and MGH are parties to an advertising agreement. The
current renewal expires December 31, 2014. MGH offered an
additional two-year or three-year extension, starting on January
1, 2015. All terms and conditions included in the original
agreement would continue for this renewal, with no increase in
fees. The offer was presented to the Tourism Commission on
June 12. The Tourism Commission voted unanimously to forward
a recommendation to the Mayor and Council for review and
approval of a three-year MGH contract extension of the MGH
contract.

The Council voted 4-1, with Councilmember Ashley opposed and
Councilmembers Pillas and Mitrecic absent, to approve a three-
year extension of the MGH contract on June 24, 2014.
Councilmember Mitrecic provided a letter of support that was
read into the record.

FISCAL IMPACT: Funds come from the advertising budget and would remain at
the current monthly rate of $22,958.

RECOMMENDATION: Execute 3-year agreement.


Goal: 1
st
Class Resort and Tourist Destination

ALTERNATIVES: Defer to Mayor and Council.

RESPONSIBLE STAFF:

Donna Abbott, Tourism & Marketing Director
COORDINATED WITH: Tourism Commission

ATTACHMENT(S): Updated agency contract

Agenda Item # 5B
Council Meeting July 15, 2014
Advertising Agreement

This agreement made and entered into this first day of January 2015 by and between the Mayor
and City Council of Ocean City, a Maryland Municipal corporation (hereinafter referred to as Town and
MGH Advertising, Inc., a Maryland corporation (hereinafter referred to as Agency).

Witnesseth:
Whereas, Town is responsible for the marketing and promotion of Ocean City as a vacation and
tourism destination.

Whereas, Town is owner and operator of the Roland E. Powell Convention Center located at 4001
Coastal Highway, Ocean City, MD 218423235.

Whereas, the Agency submitted proposals for advertising services to be performed for both the
Town as a vacation and tourism destination and the Convention Center.

Whereas, the Agency is qualified advertising agency selected to represent the Town in advertising
and marketing programs during the term of this agreement.

Now therefore, in consideration of the terms, covenants and conditions hereinafter contained to
be kept and performed by the respective parties it is agreed as follows:

I. AGENCY SERVICES

Agency shall include the following in its scope of services as advertising representative of the Town:

Order the space, radio, or television time, or other means to be used for advertising, endeavoring
to secure the most advantageous rates available.

Check and verify insertions, displays, broadcast or other means used, to such a degree as is usually
performed by agencies.

Act as agent for the Town as disclosed principal in purchasing advertising material in behalf of the
Town.

To coordinate, plan and institute with the Department of Tourism on all advertising programs,
issues and matters relating to the needs of the Town and Convention Center as directed by the
Town.

To update the Tourism Commission of the Town on a monthly basis as to the status of all
advertising campaigns instituted by the Town and Agency.

To update the Mayor and City Council of the Town of Ocean City on a semiannual basis as to
advertising campaigns instituted by the Town and Agency.

To share any and all information regarding Ocean City as a vacation destination that the Agency
may have accumulated as a result of survey, phone polling or any other means at the disposal of
the Agency.
To use its best efforts to aid and assist the Town in its public relations programs relating to
tourism marketing and convention sales.

II. AGENCY COMPENSATION

As compensation for the Agencys representation of the Town and the Convention Center in
advertising and marketing programs as outlined and directed by the Town, the following
retainer and commission rates shall be paid to the Agency by the Town. MGH agrees to
hold the fee at the current rate through December 31, 2017.

A. Monthly Fee: TwentyTwo Thousand Nine Hundred FiftyEight Dollars ($22, 958.)
Monthly fee to be paid by the Town to the Agency on the first day of each month during
the term of this agreement
B. Media Commission: NONE
C. Scope of Services

Account Service

Facilitate all client requests through the various departments of the agency
Manage the internal development of creative campaigns, including TV, print, interactive, radio,
outdoor, and collateral production
o Develop creative briefs
o Work with traffic department to ensure that all deadlines are met
o Facilitate client approval of creative concepts and individual components of each campaign
Review and facilitate approval of media buys and added value
Manage the development and execution of creative and/or media for Tourism, Group Tour and
Travel, Meetings, Special Events, Golf, The White Marlin Open and any other Town department as
needed.
Develop and facilitate approval of ad text content for interactive placements
Create traffic instruction forms for all TV, cable & radio flights to be distributed to each station
Execute all added value promotions
o Work with Creative team to develop copy points
o Distribute copy points, banners and logos to appropriate stations
o Coordinate details on all promotional trip giveaways
o Work with stations to execute manage and execute events as needed
Manage creative print resizes and custom ads for CVB as needed
Compile and provide Ocean City with monthly campaign reports on Media, PR, WOM, Interactive,
and Creative efforts

Creative

Conceptualize new campaigns and produce all advertising creative
o TV
o Print
o Radio
o Interactive
o Outdoor
o Collateral
Manage the production of TV and radio spots
o Casting
o Recording
o Editing
Resize print ads for various publications
Develop flats and programmed versions of each interactive banner for multiple ad placements

Public Relations

Approach and tactics

Secure timely and strategic media coverage on behalf of Ocean City at the regional and national
levels
Produce an implied third party endorsement from the media and complement the branding
messages conveyed in the towns advertising and other forms of marketing communications, all
without the cost of placing paid media
Outreach tactics
o Create events in target markets to generate media interest in Ocean City
o Pitch, schedule and offer onsite support for media tours/news conferences in major media
markets at least one time per market during the peak season
o Develop key messages for official spokespersons to use during media interview
o Secure regional and national news coverage about major town events and holiday
o Secure regional and national news coverage about the towns advertising campaign
o Share news coverage through the towns official social networking sites

Client Service

Communicate daily with Tourism Director for Ocean City, to ensure all newsworthy opportunities
are identified and communicated to relevant media
Provide formal PR updates to the Department of Tourism as part of the agencys monthly reports
Attend at least two Tourism Commission meetings (second Monday of each month) to discuss PR
initiatives typically once in the winter to preview the campaign and once in the fall to share
results.

Word of Mouth

Approach and tactics

Manage the towns first ambassador group, the OC Insiders, who are charged with spreading
positive information about the vacation destination
o These ambassadors complete two primary tasks: responding to potential visitors
questions and creating positive buzz about Ocean City on a variety of sites
Tactics:
o Recruitment and regular communication with ambassadors
o Manage incentives for ambassadors
o Daily management of ambassador Q&A site (www.ococean.com) to monitor content
o Regular monitoring of target outlets to identify ambassador task opportunities on forums,
blogs, social networks, etc.

Client Service

Regularly communicate with Director of Tourism for Ocean City, to identify new ambassador task
opportunities and to ensure that all ambassador activities are tied into the towns public
relations/marketing efforts and to coordinate ambassador incentives
Provide monthly reports to Ocean City on the results of the ambassador campaign

Social Media Marketing

Approach and tactics

Create a social media marketing campaign for Ocean City, which includes developing a presence
for the town on top performing social networks. This tactic aims to increase awareness and buzz
for ocean City, while developing closer relationships between the town, its businesses, and
potential visitors.
Tactics:
o Management and daily updates of Ocean City profiles on the following sites:
Facebook
Twitter
Flickr
YouTube
o Monitor user comments and content on social media sites
o Provide regular responses to user comments and content on social media sites
o Support public relations and advertising efforts through social media profiles

Client Service

Communicate regularly with Director of Tourism for Ocean City, to ensure that all content relayed
through the towns social media profiles are aligned with Ocean Citys overall messaging
Provide monthly reports to Ocean City on the results of the social media marketing efforts

Media Planning and Buying

Research all media options based on the target audience, budget, timing and objectives
Utilize research tools to develop the optimal media recommendation
o Nielsen National television & online audience data
o Arbitron National radio audience data
o Scarborough & Simmons Consumer behavior reporting
o MediaMaster Reach and frequency forecast program
o SQAD Marketbymarket TV & radio cost indicators
o SRDS Research Multimedia contact resource
o CMR Competitive Media Reporting
Create media presentations for client approval
Upon client approval, facilitate media buys
Create media authorizations
Create media summaries for each medium
Generate all media orders to each vendor
o STRATA Media analysis & buying system
Work with account services & creative departments to provide media specifications and materials
deadlines
Negotiate added value in the form of discounted ad rates/costs, bonus spots/insertions, premium
positioning, billboards, sponsorships, promotions & trip giveaways, endorsements, etc.
Monitor all ad placements for optimal positioning and impact
Facilitate any makegoods to guarantee maximum impact and timing
Coordinate with accounting all billing and invoices to minimize discrepancies
Create and provide final media recaps and summaries of campaign media plan results

Interactive Media Planning and Buying

Research networks and properties to make online recommendations
Create online media plan and presentation
Create media authorization upon plan approval
Create and send all Insertion Orders
Create ad specification sheet of all media properties for the Account Director and the Traffic
Department
Work with Account Director, Traffic Department and PointRoll to ensure campaign launch

Google and Yahoo Setup and Optimization:

Create keyword lists from website, search queries, upcoming trends in search, and past keywords
that performed with high CTRs
Create text ads from website, past keywords that performed with high CTRs, and past text ads that
performed with high CTRs
Compare SEM keywords to SEO keywords
Create campaigns in Google and Yahoo
Bid on keywords on a regular basis to ensure ads are appearing on first page (preferably in top
three positions)
Optimize keyword match types to ensure end users are seeing ads related to their searches
Link Ocean City search campaign to Analytics to note high bounce rates on SEM keywords, note
low time spent/visit and time spent/page on SEM keywords

Google and Yahoo Reporting:

Report on total monthly impressions, clicks, cost per clicks, and click through rate
Compare to monthtomonth results and yeartoyear results
Report on top keywords and top cities searching
Report on high bounce rates on SEM keywords, low time spent/visit and time spent/page on SEM
keywords

Mediaplex Ad Serving:

Create campaign placements by property
Generate and distribute tags to each property by ad placement

Mediaplex Reporting (standard ad units):

Monitor the campaign by property on a weekly basis to determine pacing and how each ad unit is
performing. Work with each media property if there are any over or under delivery issues.
Report on impressions, clicks, and CTR for each site, ad size, and creative variation
Recommend removal of ad sizes/placement based on performance

Pointroll Reporting (rich media ad units):

Monitor the campaign by property on a weekly basis to determine pacing and how each ad unit is
performing. Work with each media property if there are any over or under delivery issues.
Report on impressions, clicks, CTR, interactions, interaction rate, video replays, and video
completion for each site and placement

Interactive Development

Daily monitoring of Visitor feedback
Weekly monitoring of Google Analytics
Provide interactive strategic recommendations based on visitor feedback and Google analytics
(bounce rates, exit pages, time on site, content analyses, etc.)
Hold weekly internal web management meetings
Hold status calls with the client every Wednesday and as needed to review progress and
outstanding items
Management of any new functionality (design, functional documentation, code implementation,
testing q/a, launch)
SEO
o Ongoing SEO review of keyword performance
o Content alterations for additional keywords or increase keyword ranking performance
o Ongoing code changes based on keyword performance
o Quarterly ranking reports and recommendations for code/content optimization
Provide content recommendations based on visitor feedback and industry trends for better
usability
Implement membership changes in a timely fashion
Hosting and ongoing server maintenance
Constant Quality Assurance testing throughout the entire website with any new addition of code
to the website
Troubleshoot bugs and provide fixes/solutions in a timely fashion
Monitor Server performance load balancing, global search queries, hacker protection, bandwidth
monitoring
Maintain and create smart phone applications
Maintain Content Management System

Administration

Manage accounting, billing and reconciliation of all vendor invoices

D. Other Services
In the event Town desires to utilize Agencys other services, there shall be no ad
production markup.

There shall be no markup in the production of any direct mail, brochures, or display
materials.

Public Relations: All public relations agency fees shall be included in the monthly fee
as outlined in
A. above.

Overhead Expense: There shall be no charge for normal agency office expense, i.e.,
long distance telephone calls, faxing, and travel to and from Ocean City for regular
meetings.

Nothing in this agreement shall obligate the Town to utilize Agencys other services as above. The
Town shall have the right to have other services performed by other organizations if it is in the best
interest of the Town.
E. Refund and Credits
In regards to purchases and other expenditures made on behalf of the Town by the Agency,
Agency will refund or credit Town with any and all discounts, rebates, commissions, differentials and
similar items received by Agency and will give Town full benefit of any savings that may result from
quantity or special purchases.

III. BILLING PRACTICE

A. Billing and Payment
Agency bills for space and radio and TV time and talent will be rendered to the Town in time to
afford a reasonable opportunity to remit the funds required to enable Agency to pay charges incurred for
the account on their due dates, and Town agrees to pay bills within the time therein specified for
payment. Agency bills for other items will be rendered to the Town from time to time, depending on
Agency costs and, unless otherwise specified, such bills will be due and payable within 30 days from
dates thereof. Agency reserves the right in the event of Towns delinquency in payment to Agency or
other impairment of creditworthiness, to change the requirements as to terms of payment under this
agreement.

B. Vendor Invoices

Agency will use its best efforts to obtain vendor invoices on a timely basis for work performed on
Towns behalf. However, Town will remain responsible for payment to Agency for work performed,
regardless of the date of vendor invoices and final billing.

C. Media Plans and Production Estimates

Media plans for advertising in publications, on radio, on television and production estimates for
proposed expenditures of material and services related to the production of commercials, advertising,
will be submitted by the Agency for Towns approval before execution of such plans or the production of
such advertising. Towns approval will constitute authorization for Agency to enter into contracts and
make purchases for the Towns account.

IV. EXCLUSIVITY

During the term of this agreement Agency agrees to refrain from acting as advertising agency for
any tourist destination and/or convention center that directly competes with the Town of Ocean City or
the Roland E. Powell Convention Center, unless Town gives written consent. Town agrees throughout the
term of this agreement Agency shall be the only advertising agency service engaged by the Town within
the United States for the specific services as outlined in this agreement.

V. INDEMNITY

A. Agencys Indemnity to Client

Agency shall defend and indemnify the town against any loss or exposure, including reasonable
attorneys fees and cost Town may sustain as the result of any claim, suit or proceeding brought or
threatened against Town pertaining to libel, slander, defamation, copyright infringement, invasion of
privacy, information or materials provided by or through the Town.

B. Clients Indemnity to Agency

Town agrees to defend and indemnify Agency, subject to its immunities, against any loss or
expense including reasonable attorneys fees and costs that Agency may sustain as a result of any claim,
suit or proceeding brought or threatened against Agency arising out of assertions made for the Town as a
convention destination or the convention center or its competitors in any advertising which Agency
prepares for the Town, if the assertions are based on information or data supplied to Agency by or
through the Town.

C. Cooperation and Settlement

Upon the assertion of any claim or the commencement of any suit or proceeding against and
indemnitee by any third party that may give rise to liability of and indemnitor hereunder, the indemnitee
shall promptly notify the indemnitor of the existence of such claim and shall give the indemnitor
reasonable opportunity to defend and/or settle the claim at its own expense and with counsel of its
selection. The indemnitee shall at all times have the right to fully participate in any settlement which it
reasonably believes would have an adverse effect on its business. The indemnitee shall make available to
the indemnitor all books and records relating to the claim, and the parties agree to render to each other
such assistance as may reasonably be requested in order to ensure a proper and adequate defense. An
indemnitee shall not make any settlement of any claims, which might give, rise to liability of an
indemnitor hereunder without the prior written consent of the indemnitor.

D. Default

If a representation or warranty of either party in this Agreement is false or misleading in any
material respect, or if either party breaches a material provision of this Agreement, the nonbreaching
party shall give the other party written notice of such Cause. If such Cause is not remedied within ten
(10) days after receipt of such notice, in the case of failure to make any payment due, or thirty (30) days
after receipt of such notice, in the case of any other Cause (unless, with respect to those Causes which
cannot be reasonably corrected or remedied with such thirty (30) day period, the breaching party shall
have commenced to correct or remedy same within such thirty (30) day period and thereafter shall
proceed with all due diligence to correct or remedy same), the party giving notice shall have the right to
terminate this Agreement upon the expiration of such ten or thirty day period.

VI. TERM AND TERMINATION

A. Term

This revised Agreement will commence on January 1, 2015, and will be for a period of three (3)
years ending December 31, 2017. The fee will remain at the same rate (as stated in Section II, section A.)
as the original Agreement for the entire renewal period. This Agreement will then renew automatically
for additional one (1) year periods unless terminated by either party with one hundred and eighty (180)
days notice prior to the termination date.

B. Responsibilities and Compensation through Termination

The rights, duties and responsibilities of the agency and advertiser shall continue during the 180day
notice period described in paragraph above, including the Agencys right to receive monthly fees and
compensation for advertising run in any print media whose closing dates fall within the 180day period,
and in any broadcast media whose dates of broadcast fall within the 180day period.

C. NonCancelable Contracts and Talent Contracts

Any noncancelable contracts or commitment made on the Towns authorization and still existing
at the expiration of this agreement shall be carried to completion by the Agency and paid for by the Town
and Agency shall receive applicable compensation thereof, unless mutually agreed in writing to the
contrary, in accordance with the provision of this agreement. Any materials or services by the Town
either specifically or as part of plan), shall be paid for by the Town and Agency shall receive applicable
compensation thereof.

Any contract Agency has entered into with talent to perform in Towns advertising shall,
simultaneously on the effective date of such termination, be automatically assigned to the Town and
Town shall assume all of the rights and obligations under the contract and Agency shall be relieved of any
expense, including reasonable attorneys fees and costs, that Agency may incur as a result of a claim by
talent or third party, arising after the assignment of the contract.

D. PostTermination Rate Adjustments

After expiration of the 180day notice period, Agency shall receive its share of compensation, if any, on
shortrate bills and shall add back Agency commissions, if any, to refunds made by media by reason of
earning of a lower rate.

E. Transfer of Ownership

Upon termination of this contract, provided that there is no outstanding indebtedness then owing
by the Town to the Agency, Agency shall transfer, assign and make available to Town, all property and
materials in Agency possession or control belonging to the Town.

Agency will also cooperate in transferring, with approval of third parties in interest, all
reservations, contracts and arrangements with advertising media, or others, for advertising space or
materials yet to be used and all related rights and claims, upon being duly released from such obligations.

Town shall own all rights to any advertising materials, which are produced, in finished form prior
to the effective termination of the agreement. In this regard, Agency shall proceed promptly to complete
production of any such materials during the 180day notice period. However at termination, unproduced
advertising materials remain Agency property and Town shall be deemed to have released and assigned
to Agency any copyrighted or other right relating to such materials.

VII. GENERAL PROVISIONS

A. Protection of Clients Property

Agency shall take reasonable precautions to safeguard Towns property entrusted to its custody or
control, but in the absence of gross negligence on Agencys part or willful disregard of Towns property
right, Agency will not be responsible for its loss, damage, destruction or unauthorized use by others.

B. Right to Modify Plans

Town reserves the right to modify, reject, cancel or stop any and all plans, schedules, or work in
progress. In such event Agency shall immediately take proper steps to carry out Towns instructions. In
turn, Town agrees to assume Agencys liability for all authorized commitments; to reimburse Agency for
all expenses incurred; to pay Agency any related service charges in accordance with the provisions of this
agreement; and to defend and indemnify Agency (including reasonable attorneys fees and costs) for all
claims and actions by third parties for damages and expenses that result from carrying out Towns
instructions.

C. Failure of Media and Suppliers

Agency shall endeavor to guard against any loss to Town as the result of the failure of media or
suppliers to properly execute their commitments, but Agency will not be responsible for their failure.

D. Sequential Liability

Town acknowledges that, in placing advertising with various media Agency may contract with
such media on the basis of Asequential liability@ pursuant to which Agency will be solely liable for
payment to the extent that proceeds have cleared from Town as advertiser to Agency for advertising
published or broadcast in accordance with the contract. As advertiser, Town will remain solely liable for
sums owing but not cleared to Agency relating to such advertising.

Accordingly, Town hereby authorizes and agrees that Agency may contract with media on the
Towns behalf on the basis of sequential liability, and that Town will be solely liable to media with respect
to payments for such space or time to the extent such payments have not cleared to Agency.

E. Confidentiality

Each party to this contract agrees to keep in confidence and not to disclose or use for its own
benefit or for the benefit of any third party (except as may be permitted for the performance of services
under this contract or as may be required by law), any information, documents, or materials which are
identified by a party, at the time that they are made available, to be proprietary or confidential, provided
however, that such obligation of confidentiality shall not extend to any information, documents, or
materials that become publicly available without shall expire upon the oneyear anniversary of the
effective date of termination of this contract.

F. Services to Clients Designees

Should Town request Agency to make purchases or render services to third parties (such as other
departments of the Town, Town and the third party shall be jointly and severally liable to Agency, even
though Agency may render invoices to, or in the name of, the third party.

G. Access

All Agency records (excluding agency payroll and administrative records) relating to the ordering
and payment of media, production, research and other services which are billed to Town, shall be open to
inspection by the Towns authorized representative(s) during normal business hours at those locations
where they are regularly maintained, following reasonable written notice to Agency.

H. Applicable Law

This agreement shall be governed in accordance with the laws of the State of Maryland applicable
to contracts and performed entirely in Maryland.

In witness whereof, the parties hereto have caused this Agreement to be executed by its
respective duly authorized officers the day and year first above written.

Mayor and City Council of Ocean City MGH Advertising, Inc.


_____________________________________________ ___________________________________________________
City Manager President


ATTEST: ATTEST:


______________________________________________ __________________________________________________
Secretary Secretary


_________________________ _________________________
Date Date

















WORK SESSION -MAYOR AND CITY COUNCIL
TUESDAY, JULY 15, 2014


5. NEW BUSINESS

C. Request to Sole Source Purchase Fournier Rotary Press
presented by Wastewater Superintendent




66

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: Charlie Felin, Wastewater Department Superintendent
RE: Request for approval to sole source purchase rotary press
DATE: July 7, 2014


ISSUE(S): Sole source purchase of sludge dewatering equipment

SUMMARY: A replacement press is needed in our biosolids process building.
The existing unit is now obsolete and repair parts are no longer
available. The press is required for dewatering sludge before
processing. Concord Products is the local sales representative for
Fournier Industries. The cost is $353,400.00 and is covered in
the FY 15 budget.

FISCAL IMPACT: $353,400.00. Freight, installation and training are included in the
purchase price. Funding for the unit is included in the FY 15
budget.

RECOMMENDATION: Sole source purchase one (1) Fournier rotary press from Concord
Products.


Goal: Excellent Service through a High Performing Town Organization

ALTERNATIVES: None

RESPONSIBLE STAFF:

Charlie Felin, Wastewater Department Superintendent
Randy Bradford, Asst. Wastewater Department Superintendent
COORDINATED WITH: Jim Parsons, Chief Deputy Director of Public Works
Hal Adkins, Director of Public Works

ATTACHMENT(S): Fournier Industries Proposal

Agenda Item # 5C
Council Meeting July 15, 2014

















WORK SESSION -MAYOR AND CITY COUNCIL
TUESDAY, JULY 15, 2014


5. NEW BUSINESS

D. Request to Approve Sole Source Purchase of EMS Training
Services presented by Deputy Fire Chief





TOWN OF
The White Marlin Capital of the World




TO: The Honorable Mayor, Council President and Members of Council
FROM: Chuck Barton, B.S., NRP, Deputy Fire Chief
THRU: David L. Recor, ICMA-CM, City Manager
RE: Sole Source Purchase of EMS Training Services
DATE: July 9, 2014


ISSUE(S): Request approval to sole source purchase EMS training services

SUMMARY: The Fire Department plans to offer an advanced airway
management course (The Difficult Airway Course) to our full- and
part-time firefighter/advanced life support providers (Paramedics
and CRT-Is). The training shall be offered as a part of our
normal department EMS refresher training and will be conducted
in January and February 2015.

Instruction will be provided by SafeTec Training Services for a
maximum cost not to exceed $22,000. This includes the cost for
full-time staff and additional part-time personnel to participate.

The Ocean City Paramedic Foundation, Inc. is funding the
training and will reimburse the Town for the entire cost of the
program course fee.

FISCAL IMPACT: Total cost of the training program is funded by a grant from the
Ocean City Paramedic Foundation, Inc.



Goal: Excellent Service through a High Performing Town Organization

RECOMMENDATION: Approve training.

ALTERNATIVES: None suggested.

RESPONSIBLE STAFF: Chuck Barton, Deputy Fire Chief

COORDINATED WITH: Trevor Steedman, Captain

ATTACHMENT(S): Safetec Training Services Project Authorization

Agenda Item # 5D
Council Meeting July 15, 2014


PROJ ECT AUTHORI ZATI ON
Client:

Mayor and City Council of Ocean City, MD

Service(s):

The Difficult Airway Course: EMS for Ocean City Fire Department

Date(s):

Two (2) courses to be delivered in January, 2015 and two (2) courses to be delivered in February,
2015. Course dates shall be supplied and agreed upon by September 1, 2014.

Cost:

*$17,500.00 for up-to forty (40) OCFD staff members.

Description: SafeTec Training Services will provide OCFD with the above training. As part of this agreement,
SafeTec Training Services will provide the following; student materials (digital access to course
manual, certificate, wallet card, emergency airway reference card, CECBEMS continuing education
credits, and workbook), instructor expenses (salary, travel, lodging, and per-diems), course
administration fees, and all required disposable and non-disposable equipment.

Terms/Conditions:

*$17,500.00 firm-fixed price for above courses for up-to 40 OCFD staff members. Additional
OCFD staff, in excess of forty (40) will be billed at a rate of $300.00/student after the last course is
held.

Payment of $8,750.00 shall be due on or before September 1, 2014. The remaining balance
($8,750.00) plus fee for additional students in excess of forty (40) total shall be due within thirty
(30) days of final invoicing which will occur after the fourth (4
th
) scheduled course.

Once approved, course manual access codes will be issued to OCFD POC. Manual codes cannot be
returned. Should cancellation be necessary after course codes have been issued a $3,500.00 fee will
apply.



Mayor and City Council of Ocean City

SafeTec Training Services

Name:



Name:

Fred Ellinger, Jr., NRP

Title:

Title:

Owner

Signature:

Signature:



Date:

Date: