AGENDA MAYOR AND CITY COUNCIL WORK SESSION TUESDAY, JULY 10, 2012 11:30 A.M.

Closed Session Tuesday, July 10, 2012 11:30 a.m.- 1:00 p.m. Legal, Contractual and Personnel Matters 1. Report on Closed Session Tuesday, July 10, 2012 11:30 a.m. Legal, Contractual and Personnel Matters 2. Bid Openings A. Two Side-Load Automated Refuse Trucks B. One Front-Load Refuse Collection Truck C. One Roll-Off Cab and Chassis D. Maintenance of Water Based Fire Protection Systems 3. Tourism Advisory Board Update and Request to Approve Memorandum of Understanding Presented by: Melanie Pursel, Chair 4. Update from Tourism Department Presented by: Donna Abbott, Tourism and Marketing Director 5. Update on Scooter and Outdoor Display Regulation Enforcement Presented by: Blaine Smith, Zoning Administrator 6. Request for Sole Source Purchase of a Zoll AutoPulse System Presented by: Fire Chief Chris Larmore 7. Fire/EMS Quarterly Report Presented by: Chief Chris Larmore 8. Charter Amendment Resolution 2012-02 to Amend C-404 Entitled Meetings of Mayor and Council (changes the organizational meeting date to the Thursday in November immediately following the election) Presented by: Guy Ayres, City Solicitor 9. Resolution 2012-08 Designating Countersigners for Municipal Checks (authorizing Martha Bennett and Roger Baskerville as countersigners) Presented by: Guy Ayres, City Solicitor

WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, JULY 10, 2012 1 Report on Closed Session - Tuesday, July 10, 2012 11:30 a.m. 1:00 p.m. Legal, Contractual and Personnel Matters

NOTICE OF CLOSED SESSION OF MAYOR & CITY COUNCIL OF OCEAN CITY DATE AND TIME: PLACE: SUBJECT: VOTE: Tuesday, July 10, 2012 11:30 a.m.

Legal, Contractual and Personnel Matters UNANIMOUS OTHER: FOR: AGAINST: ABSTAIN: ABSENT for Vote: AUTHORITY: State Government Article: Section 10-508(a) Annotated Code of Maryland PURPOSES: 1. To discuss: (i) the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation or performance evaluation of appointees, employees or officials over whom it has jurisdiction; or (ii) any other personnel matter that affects one or more specific individuals; 2. To protect the privacy or reputation of individuals with respect to a matter that is not related to public business 3. To consider the acquisition of real property for the public purpose and matters directly related thereto; 4. Consider a matter that concerns the proposal for a business or industrial organization to locate, expand or locate in the state; 5. Consider the investment of public funds; 6. Consider the marketing of public securities; 7. Consult with counsel to obtain legal advice; 8. Consult with staff, consultants or other individuals about pending or potential litigations; 9. Conduct collective bargaining negotiations or consider matters that relate to the negotiations; 10. Discuss public security if the public body determines that public discussion would constitute a risk to the public or public security, including; a) the deployment of fire and police services and staff; and b) the development and implementation of emergency plans 11. Prepare, administer or grade a scholastic, licensing or qualifying examination; 12. Conduct or discuss an investigative proceeding on actual or possible criminal conduct; 13. Comply with a specific constitutional, statutory or judicially imposed requirement that prevents public disclosures about a particular proceeding or matter; or 14. Before a contract is awarded or bids are opened, discuss a matter directly related to a negotiation strategy or the contents of a bid or proposal, if public discussion or disclosure would adversely impact the ability of the public body to participate in the competitive bidding or proposal process

REPORT OF CLOSED SESSION OF THE MAYOR AND CITY COUNCIL OF OCEAN CITY

Prior to this open session of the Mayor and City Council being held on Tuesday, July 10, 2012, a closed session was held on Tuesday, July 10, 2012 at 11:30 a.m. The following is a report of the closed session. 1. A statement of the time, place, and purpose of the closed session is attached. 2. A record of the vote of each member as to closing the session is attached. 3. A citation of the authority under the law for closing the session is attached. 4. (a) Topics of Discussion: Legal, Real Estate and Contractual Matters (b) Persons present: Mayor Richard Meehan City Manager David Recor Council President Jim Hall, Council Secretary Lloyd Martin Council Members Doug Cymek; Joe Hall, Mary Knight, Margaret Pillas and Brent Ashley City Solicitor Guy Ayres Public Works Director Hal Adkins Internal Auditor Susan Childs Executive Office Associate Diana Chavis

Action(s) taken: Motion to close meeting: Brent Ashley 2nd: Margaret Pillas Unanimous

H:\Wpdoc\closedsess.wpd

WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, JULY 10, 2012 2 Bid Opening A. Two Side-Load Automated Refuse Trucks

BID SPREAD SHEET TWO (2) AUTOMATED SIDE LOADING REFUSE COLLECTION VEHICLE

VENDOR Autocar Truck 551 S. Washington St. Hagerstown, IN 47346 Todd Gorsop Tgorsop@autocartruck.com 765-439-0162 Barr International, Inc. 2407 N. Salisbury Blvd. Salisbury, MD 21801 Wayne Hoke wfhoke@barrtruck.com 410-546-1122 Cavalier Equipment POB 310 Cloverdale, VA 24077 Mike Chapman Mchap1rke@aol.com Elliott Equipment Co., Inc. Elliott/Wilson Trucks 327 N. Aurora Street Easton, MD 21601 Fred Wilson fredw@ewtrucks.com 410-822-0066 Golden Equipment PO Box 873 393 Mars Valencia Road Mars, PA 16046 Wayne Curbtender Golden4pa@hotmail.com 724-625-3100 GranTurk Equipment Co., Inc. One Schuylkill Parkway Building B Bridgeport, PA 19405 Joel Chernin lcunningham@granturk.com 610-239-9800 or 410-837-5570

TRUCK BODY ONLY

CAB/CHASSIS COMBINED ONLY UNIT

VENDOR Harvey Mack Sales 30299 Foskey Lane Delmar, MD 21875 Robert Senesi Robert.senesi@comcast.net 410-896-3562 Ingold, Inc. P. O. Box 548 Bel Air, MD 21014 Glenn Ingold Glenn.ingold@verizon.net 410-879-9114 McNeilus P. O. Box 219 941 Hemlock Road Morgantown, PA 19543 mcneilusco.com 610-286-0400 Maryland Industrial Trucks 1330 W. Nursery Road Linthicum, MD 21090 Mike Moylan mmoylan@mdindustrialtrucks.com 443-386-2219 Mid-Atlantic Waste Systems 10641 Cordova Road Easton, MD 21601 Jack Mason jmason@mawaste.com 410-820-7188 Ext. 3003 Rantoul Truck Center LLC Rantoul, IL 61866 Greg Sanders gsanders@rantoultrucksales.com 877-898-9900 Tidewater Mack, Inc. 310 Bulldog Drive Chesapeake, VA 23320 Richard H. Doub rdoub@tmitruck.com 800-359-6225 Toms Truck Sales, LLC 8620 Quarry Road Manassas, VA 20110 Barry Hummel tomstrucksales@aol.com 800-361-7305

TRUCK BODY ONLY

CAB/CHASSIS COMBINED ONLY UNIT

VENDOR Waste Equipment Sales & Service LLC 3300A Transway Road Halethorpe, MD 21227 Mike Adcock/Tim Burns Mike@drtrash.com 443-324-2965 410-479-8350

TRUCK BODY ONLY

CAB/CHASSIS COMBINED ONLY UNIT

BID BOND: YES_____________ NO______X_________

OFFICE OF THE CITY MANAGER P. O. BOX 158 OCEAN CITY, MARYLAND 21843 BID FORM PAGE ONE RE: TWO (2) AUTOMATED SIDE LOADING REFUSE VEHICLE If promised delivery is not met, the Mayor and City Council reserves the right not to honor the bid and contract. In order to be considered, no deviation or modification from the attached specification will be allowed. In the event a different bid form is used, the bid will not be considered. It is not the intent of the Town of Ocean City to disqualify a bidder if they do not meet every bid line item specification. All bids will be reviewed for their own merit to determine the successful low bidder. Sealed bids must be in the City Managers Office, City Hall, 301 Baltimore Avenue, Ocean City, Maryland no later than 11:00 A.M. Tuesday, July 10th, 2012. All bids must be received by this time as postmarks will not be considered. Faxed bids are not allowed and will not be considered a valid proposal. Mailed bids should be addressed to the City Managers Office, 301 Baltimore Avenue, Ocean City, Maryland 21842 and marked prominently on the front of the envelope, SEALED BID: TWO (2) AUTOMATED SIDE LOADING REFUSE VEHICLE The bids will be opened and read aloud by the Mayor and City Council at their regular Work Session Tuesday, July 10th, 2012 at 1:00 P.M. at City Hall, 301 Baltimore Avenue, Council Chambers, Ocean City, Maryland. Following staff review and Council approval all bidders will be notified of the final results. The undersigned understands that the Mayor and City Council of Ocean City, Maryland has the right to reject any and all bids for any reason. DATE:_________________________ SIGNED:_______________________ TITLE: ________________________

BID FORM PAGE TWO RE: TWO (2) AUTOMATED SIDE LOADING REFUSE VEHICLE TRUCK BODY ONLY: DEALER NAME: ___________________________________________ ADDRESS: ___________________________________________ ___________________________________________ ___________________________________________ PHONE NO.: ___________________________________________ FAX NO.: ___________________________________________ MAKE & MODEL: ___________________________________________ DELIVERY DATE: ___________________________________________ PRICE EACH: _______________________________TOTAL PRICE_____________ QUOTED PRICE GOOD FOR _________DAYS: % INCREASE AFTER DAYS EXPIRE_______ CAB/CHASSIS ONLY: DEALER NAME: ___________________________________________ ADDRESS: ___________________________________________ ___________________________________________ ___________________________________________ PHONE NO. ___________________________________________ FAX NO.: ___________________________________________ MAKE & MODEL: ___________________________________________ DELIVERY DATE: ___________________________________________ PRICE EACH: ________________________________ TOTAL PRICE_____________ QUOTED PRICE GOOD FOR _________DAYS: % INCREASE AFTER DAYS EXPIRE_______

COMBINED UNIT CAB/CHASIS & TRUCK BODY

DEALER NAME: ADDRESS: ___________________________________________ ___________________________________________ ___________________________________________ ___________________________________________ PHONE NO.: ___________________________________________ FAX NO.: ___________________________________________ MAKE & MODEL ___________________________________________ DELIVERY DATE: ___________________________________________ PRICE EACH: ___________________________________________ TOTAL PRICE____________ QUOTED PRICE GOOD FOR ________DAYS: % INCREASE AFTER DAYS EXPIRE_______ OFFICER NAME: TITLE: SIGNATURE: DATE: ___________________________________________ ___________________________________________ ___________________________________________ _____________________________________________

NOTE: THIS BID FORM MUST BE SIGNED BY AN OFFICER OF YOUR COMPANY OR AN AUTHORIZED AGENT FOR THIS PROPOSAL TO BE CONSIDERED VALID BY THE MAYOR AND CITY COUNCIL OF OCEAN CITY, MARYLAND. BIDDER NEED NOT BID ON ALL ITEMS.

WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, JULY 10, 2012 2 Bid Opening B. One Front-Load Refuse Collection Truck

BID SPREAD SHEET ONE (1) FRONT LOADING REFUSE COLLECTION VEHICLE

VENDOR Autocar Truck 551 S. Washington St. Hagerstown, IN 47346 Todd Gorsop Tgorsop@autocartruck.com 765-439-0162 Barr International, Inc. 2407 N. Salisbury Blvd. Salisbury, MD 21801 Wayne Hoke wfhoke@barrtruck.com 410-546-1122 Cavalier Equipment POB 310 Cloverdale, VA 24077 Mike Chapman Mchap1rke@aol.com Elliott Equipment Co., Inc. Elliott/Wilson Trucks 327 N. Aurora Street Easton, MD 21601 Fred Wilson fredw@ewtrucks.com 410-822-0066 Golden Equipment PO Box 873 393 Mars Valencia Road Mars, PA 16046 Wayne Curbtender Golden4pa@hotmail.com 724-625-3100 GranTurk Equipment Co., Inc. One Schuylkill Parkway Building B Bridgeport, PA 19405 Joel Chernin lcunningham@granturk.com 610-239-9800 or 410-837-5570

TRUCK BODY ONLY

CAB/CHASSIS COMBINED ONLY UNIT

VENDOR Harvey Mack Sales 30299 Foskey Lane Delmar, MD 21875 Robert Senesi Robert.senesi@comcast.net 410-896-3562 Ingold, Inc. P. O. Box 548 Bel Air, MD 21014 Glenn Ingold Glenn.ingold@verizon.net 410-879-9114 McNeilus P. O. Box 219 941 Hemlock Road Morgantown, PA 19543 mcneilusco.com 610-286-0400 Maryland Industrial Trucks 1330 W. Nursery Road Linthicum, MD 21090 Mike Moylan mmoylan@mdindustrialtrucks.com 443-386-2219 Mid-Atlantic Waste Systems 10641 Cordova Road Easton, MD 21601 Jack Mason jmason@mawaste.com 410-820-7188 Ext. 3003 Rantoul Truck Center LLC Rantoul, IL 61866 Greg Sanders gsanders@rantoultrucksales.com 877-898-9900 Tidewater Mack, Inc. 310 Bulldog Drive Chesapeake, VA 23320 Richard H. Doub rdoub@tmitruck.com 800-359-6225 Toms Truck Sales, LLC 8620 Quarry Road Manassas, VA 20110 Barry Hummel tomstrucksales@aol.com 800-361-7305

TRUCK BODY ONLY

CAB/CHASSIS COMBINED ONLY UNIT

VENDOR Waste Equipment Sales & Service LLC 3300A Transway Road Halethorpe, MD 21227 Mike Adcock/Tim Burns Mike@drtrash.com 443-324-2965 410-479-8350

TRUCK BODY ONLY

CAB/CHASSIS COMBINED ONLY UNIT

BID BOND: YES_____________ NO______X__________

TOWN OF OCEAN CITY

OFFICE OF THE CITY MANAGER P. O. BOX 158 OCEAN CITY, MARYLAND 21843 BID FORM PAGE ONE RE: ONE (1) FRONT LOAD REFUSE COLLECTION TRUCK If promised delivery is not met, the Mayor and City Council reserves the right not to honor the bid and contract. In order to be considered, no deviation or modification from the attached specification will be allowed. In the event a different bid form is used, the bid will not be considered. It is not the intent of the Town of Ocean City to disqualify a bidder if they do not meet every bid line item specification. All bids will be reviewed for their own merit to determine the successful low bidder. Sealed bids must be in the City Managers Office, City Hall, 301 Baltimore Avenue, Ocean City, Maryland no later than11:00 A.M. Tuesday, July 10th, 2012. All bids must be received by this time as postmarks will not be considered. Faxed bids are not allowed and will not be considered a valid proposal. Mailed bids should be addressed to the City Managers Office, 301 Baltimore Avenue, Ocean City, Maryland 21842 and marked prominently on the front of the envelope, SEALED BID: ONE (1) FRONT LOAD REFUSE COLLECTION TRUCK. The bids will be opened and read aloud by the Mayor and City Council at their regular Work Session Tuesday, July 10th, 2012 at 1:00 P.M. at City Hall, 301 Baltimore Avenue, Council Chambers, Ocean City, Maryland. Following staff review and Council approval all bidders will be notified of the final results. The undersigned understands that the Mayor and City Council of Ocean City, Maryland has the right to reject any and all bids for any reason. DATE:_________________________ SIGNED:_______________________ TITLE: _______________________

COMPANY:____________________

PAGE TWO RE: ONE (1) FRONT LOADING REFUSE COLLECTION VEHICLE TRUCK BODY ONLY: DEALER NAME: ___________________________________________ ADDRESS: ___________________________________________ ___________________________________________ ___________________________________________ PHONE NO.: ___________________________________________ FAX NO.: ___________________________________________ MAKE & MODEL: ___________________________________________ DELIVERY DATE: ___________________________________________ PRICE EACH: _______________________________TOTAL PRICE_____________ CAB/CHASSIS ONLY: DEALER NAME: ___________________________________________ ADDRESS: ___________________________________________ ___________________________________________ ___________________________________________ PHONE NO. ___________________________________________ FAX NO.: ___________________________________________ MAKE & MODEL: ___________________________________________ DELIVERY DATE: ___________________________________________ PRICE EACH: ___________________________________________ TOTAL PRICE_____________

COMBINED UNIT CAB/CHASIS & TRUCK BODY

DEALER NAME: ADDRESS: ___________________________________________ ___________________________________________ ___________________________________________ ___________________________________________ PHONE NO.: ___________________________________________ FAX NO.: ___________________________________________ MAKE & MODEL ___________________________________________ DELIVERY DATE: ___________________________________________ PRICE EACH: ___________________________________________ TOTAL PRICE____________ OFFICER NAME: TITLE: SIGNATURE: DATE: ___________________________________________ ___________________________________________ ___________________________________________ _____________________________________________

NOTE: THIS BID FORM MUST BE SIGNED BY AN OFFICER OF YOUR COMPANY OR AN AUTHORIZED AGENT FOR THIS PROPOSAL TO BE CONSIDERED VALID BY THE MAYOR AND CITY COUNCIL OF OCEAN CITY, MARYLAND. BIDDER NEED NOT BID ON ALL ITEMS.

WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, JULY 10, 2012 2 Bid Opening C. One Roll-Off Cab and Chassis

BID SPREAD SHEET ONE (1) TANDEM AXLE TRUCK MOUNTED ROLL-OFF HOIST

VENDOR Barr International, Inc 2407 N. Salisbury Blvd Salisbury, Md. 21801 Wayne Hoke 410-546-1122 Elliott Equipment Co.,Inc. Elliott/Wilson Trucks 327 N. Aurora Street Easton, Md. 21601 Fred Wilson fredw@ewtrucks.com 410-822-0066 GranTurk Equipment Co., Inc. One Schuylkill Parkway Building B Bridgeport, Pa. 19405 Joel Chernin lcunningham@granturk.com 610-239-9800 or 410-837-5570 Harvey Mack Sales 30299 Foskey Lane Delmar, Md. 21875 Robert Senesi Robert.senesi@comcast.net 410-896-3562 Ingolds, Inc P.O. Box 548 Bel Air, Md. 21014 Glenn Ingold Glenn.ingold@verizon.net McNeilus P.O. Box 219 941 Hemlock Road Morgantown, Pa. 19543 Todd Gorsop Tgorsop@mcneilusco.com 610-286-0400 Mid-Atlantic Waste Systems 10641 Cordova Rd Easton, Md. 21601 Jack Mason jmason@mawaste.com 410-820-7188 Ext. 1003

TRUCK BODY ONLY

CAB/CHASSIS ONLY

COMBINED UNIT

VENDOR Tidewater Mack, Ind 310 Bulldog Drive Chesapeake, Va. 23320 Richard H. Doub 800-359-6225 Toms Truck Sales, LLC 8620 Quarry Road Manassas, Va. 20110 Barry Hummel 703-798-6167 Cell: 800-361-7305 Waste Equipment Sales & Service,LLC 3300 A Transway Road Halethorpe, Md. 21227 mike@drtrash.com Mike Adcock 443-324-2965 Maryland Industrial Trucks 1330 W. Nursery Road Linthicum, Md. 21090 Mike Moylan 443-386-2219 Golden Equipment Co., Inc. P.O. Box 873 393 Mars Valencia Road Mars, Pa. 16046 724-625-3100 fax: 724-625-3744 Wayne Titan BID BOND: YES____________

TRUCK BODY ONLY

CAB/CHASSIS ONLY

COMBINED UNIT

NO_____________X__________

TOWN OF OCEAN CITY

OFFICE OF THE CITY MANAGER P. O. BOX 158 OCEAN CITY, MARYLAND 21843 BID FORM PAGE ONE RE: ONE (1) Cab over Tandem drive axle w/lift Axle Truck mounted roll-off hoist cab & chassis If promised delivery is not met, the Mayor and City Council reserves the right not to honor the bid and contract. In order to be considered, no deviation or modification from the attached specification will be allowed. In the event a different bid form is used, the bid will not be considered. It is not the intent of the Town of Ocean City to disqualify a bidder if they do not meet every bid line item specification. All bids will be reviewed for their own merit to determine the successful low bidder. Sealed bids must be in the City Managers Office, City Hall, 301 Baltimore Avenue, Ocean City, Maryland no later than 11:00 A.M., Tuesday, July 10th, 2012. All bids must be received by this time as postmarks will not be considered. Faxed bids are not allowed and will not be considered a valid proposal. Mailed bids should be addressed to the City Managers Office, 301 Baltimore Avenue, Ocean City, Maryland 21842 and marked prominently on the front of the envelope, SEALED BID: ONE (1) Cab over Tandem drive Axle w/lift Axle Truck mounted roll-off hoist cab & chassis The bids will be opened and read aloud by the Mayor and City Council at their regular Work Session Tuesday, July 10th, at 1:00 P.M. at City Hall, 301 Baltimore Avenue, Council Chambers, Ocean City, Maryland. Following staff review and Council approval all bidders will be notified of the final results. The undersigned understands that the Mayor and City Council of Ocean City, Maryland has the right to reject any and all bids for any reason.

DATE:___________________________

SIGNED:__________________________ TITLE:____________________________

PAGE TWO RE: ONE (1) Tandem drive Axle w/lift axle Truck mounted roll-off hoist only Roll-OFF HOIST ONLY: DEALER NAME:____________________________________________________________ ADDRESS: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ PHONE NO. ____________________________________________________________ FAX NO. ____________________________________________________________ MAKE & MODEL:___________________________________________________________ DELIVERY DATE:___________________________________________________________ PRICE EACH: ______________________________TOTAL PRICE__________________ CAB/CHASSIS ONLY: DEALER NAME:____________________________________________________________ ADDRESS: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ PHONE NO: ____________________________________________________________ FAX NO: ____________________________________________________________ MAKE & MODEL:___________________________________________________________ DELIVERY DATE: __________________________________________________________ PRICE EACH:________________________________TOTAL PRICE__________________ COMBINED UNIT CAB/CHASSIS & ROLL-OFF HOIST DEALER NAME:____________________________________________________________ ADDRESS:_________________________________________________________________ _________________________________________________________________ _________________________________________________________________ PHONE NO:________________________________________________________________ FAX NO: _________________________________________________________________ MAKE & MODEL:___________________________________________________________ DELIVERY DATE:___________________________________________________________ PRICE EACH:________________________________TOTAL PRICE__________________ OFFICER NAME:____________________________________________________________ TITLE: _____________________________________________________________ SIGNATURE: DATE: _____________________________________________________________ _____________________________________________________________

NOTE: THIS BID FORM MUST BE SIGNED BY AN OFFICER OF YOUR COMPANY OR AN AUTHORIZED AGENT FOR THIS PROPOSAL TO BE CONSIDERED VAID BY THE MAYOR AND CITY COUNCIL OF OCEAN CITY, MARYLAND. BIDDER NEED NOT BID ON ALL ITEMS.

WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, JULY 10, 2012 2 Bid Opening D. Maintenance of Water Based Fire Protection Systems

MAINTENANCE OF WATER-BASED FIRE PROTECTION SYSTEMS BID SPREADSHEET

BIDDER
NAME/ ADDRESS

TOTAL LUMP SUM BID REPAIR LABOR (U-1) REPAIR LABOR (U-2)
($) ($/hr) ($/hr)

Advanced Fire Protection Systems 508 McCormick Dr Suite H Glen Burnie, MD 21061 ARK Systems 12636 Sunset Avenue, Suite J-2 Ocean City, MD 21842 Chesapeake Protection Services 1913 - A Beston Court Odenton, MD 21113 CMP Fire LLC 1820 Otts Chapel Road Newark, DE 19702 Eastern Fire Protection Services 2135 Espey Ct., Suite 6 Crofton, MD 21114 Fire & Life Safety America 7526 Connelly Drive, Suite L Hanover, MD 21076 Fire Protection Industries, Inc 301 Ruthar Drive, Suite B Newark, DE 19711 Judd Fire Protection, LLC 1100 Business Pkwy S. #3 Westminster, MD 21157 Multicorp P.O. Box 361 Westminster, MD 21158 Surefire Protection 924 Eastern Shore Drive Salisbury, Maryland 21804 Tidewater Utilities 1100 South Little Creek Rd Dover, DE 19901

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WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, JULY 10, 2012 3 Tourism Advisory Board Update and Request to Approve Memorandum of Understanding Presented by: Melanie Pursel, Chair

Diana Chavis
From: Sent: To: Cc: Subject: Attachments: Melanie Pursel [melanie@oceancity.org] Tuesday, July 03, 2012 4:50 PM Diana Chavis susanjones@ocvisitor.com Memorandum of Understanding.docx Memorandum of Understanding.docx

HiDiana, PleaseseetheattachedMOU,finaldraft.Theonlyitemthatwillneedtobeincludedisthe date.TABwillalsobegivingabriefupdateaswellasannounceournewChairandCoChair. Thankyousomuchandpleaseletmeknowifyouhaveanyquestionsatall. Sincerely, Melanie

MemorandumofUnderstanding
Between the Tourism Advisory Board (TAB) and the Mayor and City Council of Ocean City, Maryland THIS MEMORANDUM OF UNDERSTANDING is being entered into by and between the Mayor and City Council of Ocean City (hereinafter referred to as the Town) and Tourism Advisory Board (hereinafter referred to as TAB) and is effective _______, upon execution by both parties. This Memorandum of Understanding shall hereinafter be referred to as MOU. Purpose: The purpose of this MOU is to illustrate the responsibilities of both parties with regard to the destination marketing funds advised by TAB Responsibilities: The Tourism Advisory Board shall: Identify, review and recommend events, promotional items and marketing opportunities to increase tourism. o Recommendations shall be for future and/or existing events and/or promotions that bring significant visitation to Ocean City, extended stays, or provide an enhanced, value-added experience for visitors. o TAB will be seeking new opportunities from a variety of sources Have clear policies and procedures for collecting/soliciting, reviewing and recommending expenditures to the Town. This includes the requirement for each applicant to include a detailed budget and project narrative. o All applicants fill out an application for funding which is reviewed by TAB (see attached). All applicants will be required to provide references to ensure fiscal soundness of their business. o TAB will provide a monthly summary report of applicants. Ensure that all expenditures and/or invoices are approved by the Town. Provide economic impact figures of events that have been supported by the Town. Attend work sessions monthly to keep the Town abreast of the progress of various approved events and/or projects.

 Will seek active members of TAB from a variety of tourism-related industries, including hotel, motel, retail, restaurant, condo, amusement and potentially a citizen, based on TAB approval. In addition to industry, TAB will review potential members on a variety of factors. TAB will approve members and officers and will present the slate to Town. Town department heads will be requested to attend as needed. The Town shall: Provide annual funding annually in the amount of $300,000 to invest in new or existing events, and/or marketing opportunities, and/or promotions that generate visitation, extended stays and value added experiences for existing visitors. This would be a 2 year commitment- reviewed every 2 years, subject to budget appropriations. Projects are limited to 1 year with an option to renew for a second year. This applies primarily to private events, not contracted services. Allow dollars not used in one fiscal year to be rolled over to the next fiscal year. Process all payments, once approved, through Town accounts following purchasing requirements. Ensure that all purchase orders will be obtained by the Town and payments issued directly to the vendors. Ensure that all payments be processed in a timely manner. Include events on website, consider during any PR/media tours and on any collateral materials where appropriate.

Tourism Advisory Board By __________________ Melanie Pursel, Chair

Mayor and City Council By__________________ David Recor, City Manager

WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, JULY 10, 2012 4 Update from Tourism Department Presented by: Donna Abbott, Tourism and Marketing Director

MEMO
TO:CityManagerDavidRecor FR:DonnaAbbott,TourismandMarketingDirector DT:July2,2012 RE:TourismUpdate Iampleasedtopresenttheattachedrecapofourtourismmarketingcampaignforthemonths ofMayandJune.OurSummerofThankscampaignisinfullswing.OurnewRodneytvspots havebeenairinginourkeyfeedermarketssincelateApril.Theattachedreportprovidesan updateonallofourmarketingeffortsinMayandJune. IwouldalsoliketoupdatetheMayorandCouncilontheCentralReservationsSystemproposal AmemowassenttotheMayorandCouncilonMay14followingameetingofafocusgroupof hotelownersandvacationrentalrepresentatives.OnMay10,MayorandthenActingCity ManagerRickMeehanandImetwithafocusgroupofhoteliersandvacationrentaloperators toheartheirthoughtsaboutestablishingacentralreservationssystemonococean.com.In attendancewereSusanHoltandChrisMitchell,ColdwellBankerVacationRentals;G.Hale Harrison,TheHarrisonGroup;JonTremellen,PrincessRoyaleandPrincessRoyaleBayside; MalcolmVankirk,SeaBayInnandSusanJones,OceanCityHotelMotelRestaurantAssociation. Thefocusgroupreachedconsensusonthefollowing: 1) Thefocusgroupfeelsthisisanimportantdecisionandthatweshouldtakethetimeto doitright.Furtherstudyanddiscussionsaboutcentralreservationssystemsshould occur.AnRFPprocesstoselectavendorshouldbeconsideredifthedecisionismadeto haveacentralreservationssystem. 2) Partofthestudyshouldincludeavisitorsurveyonococean.comtodeterminewhat visitorsarelookingforinreservationsfunctionality.(Thevisitorsurveyiscurrentlyin designandshouldbefunctionalbyJuly23.DatawillbecollectedthroughAugust18, analyzedandreportedbacktoOceanCitybytheagencyinSeptember.) 3) AredesignoftheaccommodationspagebyMGHshouldoccurnow.(Attachedare screenshotsofthepreviouspageandtheredesignedaccommodationspage.) 4) InclusionoftheRezEzserviceontheTourismDepartmentsFacebookpagewouldnot befairtovacation/condorentaloperatorswhocannotparticipateinthissystem,and thereforeshouldnotbeapprovedtoproceed. IhavealsoattachedapositionrecentlyreceivedfromHMRA.

OC Tourism Campaign Report

May/June 2012

Integrated Media Approach

Target
Adults 25-49, HHI $50k+

Coverage in all five markets

Baltimore, Washington, DC, HLLY, Philadelphia, NY/NJ

11 weeks of TV/Cable (April 2 June 24)

Spots run during highest viewership (7-9 a.m.; 5 p.m.-12m) 17,088 spots 8,327 GRPs 94,697,000 impressions

9 Weeks of Regional Outdoor (April 23 June 24)

Highways/Expressways: I-95, I-83, I-76, 295, 395, NJ Turnpike 38 boards 84,261,000 impressions

Integrated Media Approach

9 Weeks of Online (April 23rd June 24)
Display Banners
3,644,989 impressions 13,365 clicks CTR: 0.37%* 28,707,456 impressions 137,550 clicks CTR: 0.48%* 938 App downloads (via Millennial Media) 620,871 impressions 12,928 clicks CTR: 2.08%*

Mobile Banners

Search (SEM)

* Industry standard = 0.09% for banners; 1.0% for SEM

ococean.com & Mobile Apps

Unique Visitors
400,000 350,000 300,000 250,000 200,000 150,000 100,000 50,000 0 May June 2010 2011 2012

70,012 Summer of Thanks page views 570 Summer of Thanks e-news sign ups
13,058 iPhone downloads 7,732 Android downloads 806 Summer of Thanks check-ins

Public Relations
2012 Ocean City Press Kit
Calendar-style press kit mailed to 100 outlets

PR Initiatives
Summer of Thanks press release Memorial Day Travel Giant Flag Wave media advisory

AAA Memorial Day Travel Press Conference

MGH created a giant Summer of Thanks card

Social Media
Facebook
Total number of fans grew to 414,459 46 posts received a total of 13,930,437 impressions

Twitter
Total number of followers grew to 11,612 39 tweets received 410,213 potential impressions 36 re-tweets of messages and 586 @ reply messages

Facebook Ads
3,711,885 impressions 14,869 clicks; CTR .40% (Facebook average is .05%) Total cost: $5,865

Insiders Program
288 questions and 2,227 answers 158 Insider Insights added to events on ococean.com The Insiders section received 37,474 page views

Song of the Summer

Contest launched May 14 Song submission phages May 14-July 2
55 entries 1,056 clicks on the home page banner

MGH/OC selection of finalists July 3-July 6 Voting for three finalists July 9-July 22 Winner announced July 23

OC Night at Camden Yards

Saturday, June 23 Baltimore Orioles vs. Washington Nationals Sold out crowd of 45,000+ 327 people played the mobile scavenger hunt 725 total sweepstakes entries 342 total e-news sign ups 130 total mobile text alert sign ups 374 photos uploaded to Facebook

MEMO
To: Donna Abbott, Tourism Director

From: Susan Jones, Executive Director Date: July 3, 2012 RE: Central Reservations on www.ococean.com

Thank you for requesting our opinion. For the last few years, our Associations reservations committee has discussed best practices and there continues to be varying viewpoints. With so many distribution channels and commissions to consider, the issue is extremely complex. The common consensus and the goal of all hoteliers is to guide the visitor to book directly on the hotels website to avoid paying excessive commissions. In our opinion, with $5million promoting www.ococean.com, the site needs to be as resourceful as possible, and as easy to navigate as possible. The recent redesign to the Accommodations page, which was agreed upon during the Reservations Focus Group meeting, is user-friendly and should achieve this goal. While we did discuss a test of the ResEz system on the Towns Facebook page, there was not a unanimous decision. Further, with the room tax dollars promoting www.ococean.com, we felt it would not be fair to allow one company the ability to make a profit without the project going through the RFP process. Finally, if the decision is made to have central reservations on the towns site, our Board of Directors would like the OCHMRA to be given the opportunity to manage that particular section.

WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, JULY 10, 2012

5 Update on Scooter and Outdoor Display Regulation Enforcement Presented by: Blaine Smith, Zoning Administrator

MEMORANDUM
TO: FROM: Mayor and City Council Jesse Houston, Director of Planning and Development

SUBJECT: Zoning Enforcement Report Scooters, Outdoor Displays DATE: July 5, 2012 _____________________________________________________________
Attached are two spreadsheets that detail actions taken during the in-season enforcement of the scooter and outdoor display ordinances. These reports only identify the actions taken, not regular daily inspections. Regarding scooters, five 1st violation letters have been issued, and 2 citations (fines) for second violations. Regarding outdoor displays, seven citations (fines) have been issued for 3rd violations, and one suspension (1 week) has been imposed.

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 30 31 32 33 34 35 36

A Atlantic Ave Business S to N Souvenir City Cool Breeze Traders M R Ducks T-Shirt Factory Ocean Fashion Boutique Last Stop Beachwear Sunset Beachwear (Set It Off) Sassy Beachwear Atlantic Airbrush Buddhi's Bags & Luggage (OCDC) Sands Inc. Jewelry Etc. Ocean Waves T-Shirt Factory Beach Break Name of Art Shore Side Shop T-Shirt Factory Island Airbrush Dimensions N D Retail - Quiet Storm/Edwards Geez Teez Faces on Bodies My Sports Store Ocean's Mist The Fashion Shop Souvenir City 2 Fat Cats NY NY Tre's Place Cool Topics Ocean Gallery Positive Vibrations Oxygen

B Address 711 S. Atlantic Avenue 708 S. Atlantic Avenue 410 S. Atlantic Avenue 414 S. Atlantic Avenue 408 S. Atlantic Avenue 306 S. Atlantic Ave 306 S. Atlantic Avenue 300 S. Atlantic Ave 300 S. Atlantic Ave 11 Somerset Street 2 Dorchester St #103 2 Dorchester St #106 2 Dorchester St #108 204 S. Atlantic Avenue 110 S. Atlantic Avenue 110 S. Atlantic Ave 106 S. Atlantic Avenue 14 S. Atlantic Ave #1 12 S. Atlantic Avenue 8 S. Atlantic Avenue 1 N. Division Street 3 Atlantic Ave "B" 5 Atlantic Ave "B" 5 Atlantic Ave "C" 7 Atlantic Ave "A" 9 Atlantic Avenue 11 Atlantic Avenue 13 Atlantic Avenue 101 Atlantic Ave #2 107 Atlantic Avenue 107 Atlantic Ave #3 201 Atlantic Avenue 201 Atlantic Avenue 207 Atlantic Ave "A"

C Permit 22492 22513 22443 22447 22555 22637 22680 22631 22465 22783 22662 22436 22681 22452 22559 22514 22682 22450 22466 22861 22564 22633 22481 22404 22442 22515 22500 22696 22515 22520 22517 22343 22700 22405

D 1st vio.

E 2nd

F G H I 3rd (fine) 4th (fine/1wk 5th (fine/2wk 6th(revoc)

23-May 6-Jun 6-Jun 15-Jun

6-Jun

21-Jun

6-Jun

9-Jun 6-Jun 13-Jun

13-Jun

15-Jun 6-Jun 9-Jun 17-Jun

9-Jun 6-Jun

37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72

A Paradise Island L A Piercing The Boardwalk Empire Sunsations NY Piercing Fat Cats Hooter's on the Boardwalk The Kite Loft T-Shirt Factory Greene Turtle Jewelry Explosion The T-Shirt Shop Maytalk O C Piercing Beachwear Outlet Fashion Jewelry & Co. Malibu's Surf Shop Sunsations T-Shirt Factory Sunglass City Ocean Dreams Sunsations Shopper's Paradise Cool Topics NY Piercing Beach Daze Beach Break Sun Daze Underground Outlet (CITATION) D'Shore Shop/Sunsation 14 Surf Beachwear Bargain Beachwear Atlantic Beachwear Dogs Gone Wild Grand Resort Wear

B 209 Atlantic Avenue "B" 301 Atlantic Ave #103 309 Atlantic Avenue 405 Atlantic Avenue 409 Atlantic Ave #103 409 Atlantic Ave #104 501 Atlantic Avenue 511 Atlantic Avenue 601 Atlantic Avenue 605 Atlantic Ave "A" 605 Atlantic Ave "B" 607 Atlantic Ave #101 607 Atlantic Ave #103 607 Atlantic Ave #105 701 Atlantic Ave #1 701 Atlantic Ave #2 713 Atlantic Avenue 817 Atlantic Avenue 819A Atlantic Avenue 901 Atlantic Ave #1 901 Atlantic Ave #4 907 Atlantic Avenue 913 Atlantic Ave "C" 1103 Atlantic Avenue 1201 Atlantic Ave #106 1201 Atlantic Ave #109 1219 Atlantic Avenue 1219 Atlantic Avenue 1301 Atlantic Avenue 1401 Atlantic Avenue 1507 Atlantic Avenue 2109 Atlantic Avenue 2115 Atlantic Avenue 2119 Atlantic Avenue 2121 Atlantic Avenue

C 22460 22522 22525 22526 22597 22697 22487 22565 22453 22529 22530 22531 22542 22543 22488 22549 22664 22550 22491 22554 22406 22552 22521 22553 22598 22560 22562 22561 22769 22489 22463 22462 22599 22464

D 19-Jun 8-Jun 8-Jun

13-Jun 15-Jun

23-Jun 21-Jun 23-Jun

8-Jun 8-Jun 8-Jun 17-Jun 8-Jun 23-May 19-Jun 8-Jun 8-Jun 8-Jun 8-Jun 19-Jun 15-Jun

19-Jun 19-Jun 13-Jun 15-Jun 13-Jun 27-Jun 19-Jun 27-Jun

19-Jun

19-Jun 8-Jun 24-Jun 8-Jun

27-Jun

73 74 75 76 77

A B C 70 total permits If displaying must get permit - HAS NOT APPLIED, SENT CITATION With BDA for Review Receiving fines for $250.00 Fine goes to $500.00/1 wk susp.

INVENTORY OF EXISTING SMALL DISPLACEMENT VEHICLES BUSINESSES VIOLATIONS & FINES (July 5, 2012) 2012 Business Name/Address #1 ISLAND CYCLES MOTOR SPORTS 311 S. Baltimore Avenue #2 SCOOTERS BY THE BEACH 207 S. Baltimore Avenue #3 SCOOTER CITY 6-2nd Street #4 ISLAND CYCLES 201 Baltimore Avenue #5 FUN CYCLES SCOOTERS 106 Wicomico Street #6 SCOOTERS BY THE BEACH 1505 Philadelphia Avenue #7 PRESTIGE MEGA SPORTS 1605 Philadelphia Avenue #8 SCOOTER CITY 1802 Philadelphia Avenue #9 FUN CYCLES SCOOTERS 1900 Philadelphia Avenue #10 WATERWAYS MARINA 2107 Herring Way #11 FUN CYCLES SCOOTERS & MOPEDS 2606 Philadelphia Avenue #12 CYCLE CITY 3105 Philadelphia Avenue #13 PRESTIGE MEGA SPORTS 3314 Coastal Highway #14 SCOOTER CITY 3406 Coastal Highway #15 ISLAND CYCLES 4509 Coastal Highway #16 WATERWAYS MARINA & BIKES 5303 Coastal Highway 6/4/12 6/22/12 $250.00 fine 1st Violation 6/5/12 2nd Violation 6/22/12 $250.00 fine 6/4/12 (before fines set)

6/1/12

6/4/12

6/4/12

#17 NY INC ISLAND CYCLES 5509 Coastal Highway #18 OCEAN CITY SCOOTER RENTALS 5801 Coastal Highway #19 CONTINENTAL CYCLES 7203 Coastal Highway #20 SCOOTERS BY THE BEACH 3-120th Street

WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, JULY 10, 2012 6 Request for Sole Source Purchase of a Zoll AutoPulse System Presented by: Fire Chief Chris Larmore


Volunteer & Career United to Serve

ChrisLarmoreChuckBartonRobertDukeDavidHartley FireChief DeputyChiefDeputyChiefDeputyChief

TownofOceanCityCareerDivision VolunteerDivisionFireMarshalDivision

TO:
SUBJ:

David Recor, City Manager

FROM: Chris Larmore, Fire Chief Purchase of Zoll AutoPulse System

DATE: July 2, 2012 The Fire Department is requesting permission to purchase a Zoll AutoPulse System. This system generates consistent and uninterrupted chest compressions during cardiac arrest. A battery, charger, and case are included in the purchase price, as well as a one year warranty. This is a sole source purchase, and will be funded through the 2700 Operational Supply account, with reimbursement to the Town of Ocean City through the Paramedic Foundation. The total puchase price is $15,285.00 I am requesting this matter be placed on the Work Session agenda for July 10th so that I may present it to the Mayor and Council for approval.

OceanCityFireDepartment Volunteer & Career United to Serve

ZOLL Medical Corporation Worldwide Headquarters 269 Mill Road Chelmsford, Massachusetts 01824-4105 U.S.A. 978 421-9655 978 421-0025 Main Fax

July 3, 2012 Chris Shaffer, Asst. Fire Chief Ocean City Fire Rescue 6501 Coastal Hwy, Rm 201 Ocean City, MD 21842 Dear Asst. Chief Shaffer: Thank you for your interest in the AutoPulse Non-invasive Cardiac Support Pump, a revolutionary new automated chest compression system that helps deliver improved blood flow during sudden cardiac arrest (SCA). Please be aware that ZOLL Medical Corporation is the only company that manufactures (at our wholly-owned subsidiary, ZOLL Circulation) and markets the AutoPulse. No other organization is authorized to sell the product in the United States. Further, there are no other devices on the market today that can mimic the AutoPulses unique mechanism of action and achieve its unprecedented clinical results. The load-distributing LifeBand squeezes a wide surface area of the chest, employing a combination of semicircumferential thoracic compressions along with cardiac compressions. In contrast, standard manual CPR and pneumatic-driven piston devices deliver only cardiac compressions to a very small area. Other important exclusive features and benefits include: Automatic band chest sizing to quickly and accurately adjust to the patients chest size for ease of set-up and use. Integrated battery power source for ease of transport and changing power source with minimal CPR interruption. Real-time display of compression and no-flow time. Downloading code data for quality CPR review and documentation. Configurability to change compression modes from 30:2 to continuous after an advanced airway is placed. Feel free to contact me directly by calling 978-421-9633 should you have any questions or need additional information. Best regards,

Gary L. Hochstetler
Gary L. Hochstetler

ZOLL Medical Corporation

Worldwide HeadQuarters 269 Mill Rd Chelmsford, Massachusetts 01824-4105 (978) 421-9655 Main (800) 348-9011 (978) 421-0015 Customer Support FEDERAL ID#: 04-2711626

TO: Ocean City Fire Rescue

6501 Coastal Highway, Room 201 Ocean City, MD 21842 Attn: Chris Shaffer, Assistant Fire Chief
email: cshaffer@oceancitymd.gov Tel: 410-723-6618; 443-235-4430 Fax: 410-520-5449

QUOTATION 118357 V:1

DATE:

July 02, 2012

TERMS: Net 30 Days FOB:

FREIGHT:

Shipping Point Prepay and Add

DISC PRICE TOTAL PRICE

ITEM

MODEL NUMBER

DESCRIPTION

QTY.

UNIT PRICE

8700- 0730- 01

AutoPulse System with Pass Thru - Generates consistent and uninterrupted chest compressions, offering qq improved blood flow during cardiac arrest. Includes Backboard, User Guide, Quick Reference Guide, Shoulder Restraints, Backboard Cable Ties, Head Immobilizer, Grip Strips, In-service Training DVD, and one year warranty. AutoPulse Battery - Original equipment Nickel-metal Hydride (NiMH) battery for use with the AutoPulse qq Platform.

$10,995.00

$10,995.00

$10,995.00

8700- 0702- 01

$575.00

$575.00

$1,725.00

8700- 0753- 01

AutoPulse SurePower Charger, U.S. Charges and automatically conditions two (2) NiMH or qq Li-Ion batteries and automactically verifies battery charge level. Includes User Guide and U.S Power Cord. Standard one (1) year warranty
AutoPulse Soft Carry Case - Soft-sided carrying case holds AutoPulse Platform, spare battery, spare LifeBand qq and Shoulder Restraints. LifeBand 3 pack - Single-use chest compression band. (3 per package)

$1,795.00

$1,795.00

$1,795.00

8700- 0705- 01

$395.00

$395.00

$395.00

8700- 0706- 01

$375.00

$375.00

$375.00

qq

This quote is made subject to ZOLLs standard commercial terms and conditions (ZOLL Ts + Cs) which accompany this quote. Any purchase order (P.O.) issued in response to this quotation will be deemed to incorporate ZOLL Ts + Cs. Any modification of the ZOLL Ts + Cs must be set forth or referenced in the customers P.O. No commercial terms or conditions shall apply to the sale of goods or services governed by this quote and the customers P.O unless set forth in or referenced by either document.

TOTAL

$15,285.00

1. DELIVERY WILL BE MADE 60-90 DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER. 2. PRICES WILL BE F.O.B. SHIPPING POINT. 3. WARRANTY PERIOD (See above AND Attachment). 4. PRICES QUOTED ARE FIRM FOR 60 DAYS. 5. APPLICABLE TAX, FREIGHT CHARGES & ORDER PROCESSING FEES ADDITIONAL. 6. ALL PURCHASE ORDERS ARE SUBJECT TO CREDIT APPROVAL BEFORE ACCEPTANCE BY ZOLL. 7. PURCHASE ORDER AND QUOTATION TO BE FAXED TO ZOLL CUSTOMER SERVICE AT 978-421-0015. 8. ALL DISCOUNTS OFF LIST PRICE ARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS. 9. PLACE YOUR ACCESSORY ORDERS ONLINE BY VISITING

Paul Dorsey EMS Territory Manager 800-242-9150, x9213

www.zollwebstore.com.

ZOLL QUOTATION GENERAL TERMS & CONDITIONS

1. ACCEPTANCE. This Quotation constitutes an offer by ZOLL Medical Corporation to sell to the Customer the equipment (including a license to use certain software) listed in this Quotation and described in the specifications either attached to or referred to in this Quotation (hereinafter referred to as Equipment). Any acceptance of such offer is expressly limited to the terms of this Quotation, including these General Terms and Conditions. Acceptance shall be so limited to this Quotation notwithstanding (i) any conflicting written or oral representations made by ZOLL Medical Corporation or any agent or employee of ZOLL Medical Corporation or (ii) receipt or acknowledgement by ZOLL Medical Corporation of any purchase order, specification, or other document issued by the Customer. Any such document shall be wholly inapplicable to any sale made pursuant to this Quotation, and shall not be binding in any way on ZOLL Medical Corporation. Acceptance of this Quotation by the Customer shall create an agreement between ZOLL Medical Corporation and the Customer (hereinafter referred to as the Contract the terms and conditions of which are expressly limited to the provisions of this Quotation including these Terms and Conditions. No waiver change or modification of any of the provisions of this Quotation or the Contract shall be binding on ZOLL Medical Corporation unless such waiver, change or modification (i) is made in writing (ii) expressly states that it is a waiver, change or modification of this Quotation or the Contract and (iii) is signed by an authorized representative of ZOLL Medical Corporation. 2. DELIVERY AND RISK OF LOSS. Unless otherwise stated, all deliveries shall be F.O.B. ZOLL Medical Corporations facility. Risk of loss or damage to the Equipment shall pass to the Customer upon delivery of the Equipment to the carrier. 3. TERMS OF PAYMENT. Unless otherwise stated in its Quotation payment by Customer is due thirty (30) days after the ship date appearing on ZOLL Medical Corporation invoice. Any amounts payable hereunder which remain unpaid after the date shall be subject to a late charge equal to 1.5% per month from the due date until such amount is paid. 4. CREDIT APPROVAL. All shipments and deliveries shall at all times be subject to the approval of credit by ZOLL Medical Corporation. ZOLL Medical Corporation may at any time decline to make any shipment or delivery except upon receipt of payment or security or upon terms regarding credit or security satisfactory to ZOLL Medical Corporation. 5. TAXES & FEES. The pricing quoted in its Quotation do not include sales use, excise, or other similar taxes or any duties or customs charges, or any order processing fees. The Customer shall pay in addition for the prices quoted the amount of any present or future sales, excise or other similar tax or customs duty or charge applicable to the sale or use of the Equipment sold hereunder (except any tax based on the net income of ZOLL Medical Corporation), and any order processing fees that ZOLL may apply from time to time. In lieu thereof the Customer may provide ZOLL Medical Corporation with a tax exemption certificate acceptable to the taxing authorities. 6. WARRANTY. (a) ZOLL Medical Corporation warrants to the Customer that from the earlier of the date of installation or thirty (30) days after the date of shipment from ZOLL Medical Corporations facility, the Equipment (other than accessories and electrodes) will be free from defects in material and workmanship under normal use and service for the period noted on the reverse side. Accessories and electrodes shall be warranted for ninety (90) days from the date of shipment. During such period ZOLL Medical Corporation will at no charge to the Customer either repair or replace (at ZOLL Medical Corporations sole option) any part of the Equipment found by ZOLL Medical Corporation to be defective in material or workmanship. If ZOLL Medical Corporations inspection detects no defects in material or workmanship, ZOLL Medical Corporations regular service charges shall apply. (b) ZOLL Medical Corporation shall not be responsible for any Equipment defect failure of the Equipment to perform any specified function, or any other nonconformance of the Equipment caused by or attributable to (i) any modification of the Equipment by the Customer, unless such modification is made with the prior written approval of ZOLL Medical Corporation: (ii) the use of the Equipment with any associated or complementary equipment accessory or software not specified by ZOLL Medical Corporation, or (iii) any misuse or abuse of the Equipment: (iv) exposure of the Equipment to conditions beyond the environmental, power or operating constraints specified by ZOLL Medical Corporation, or (v) installation or wiring of the Equipment other than in accordance with ZOLL Medical Corporations instructions. (c) Warranty does not cover items subject to normal wear and burnout during use, including but not limited to lamps, fuses, batteries, cables and accessories. (d) The foregoing warranty does not apply to software included as part of the Equipment (including software embodied in read-only memory known as firmware). (e) The foregoing warranty constitutes the exclusive remedy of the Customer and the exclusive liability of ZOLL Medical Corporation for any breach of any warranty related to the Equipment supplied hereunder. THE WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND ZOLL MEDICAL CORPORATION EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WHETHER WRITTEN, ORAL, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7. SOFTWARE LICENSE. (a) All software (the Software which term shall include firmware) included as part of the Equipment is licensed to Customer pursuant to a nonexclusive limited license on the terms hereinafter set forth, (b) Customer may not copy, distribute, modify, translate or adapt the Software, and may not disassemble or reverse compile the Software, or seek in any manner to discover, disclose or use any proprietary algorithms, techniques or other confidential information contained therein, (c) All rights in the Software remain the product of ZOLL Medical Corporation, and Customer shall have no right or interest therein except as expressly provided herein. (d) Customers right to use the Software may be terminated by ZOLL Medical Corporation in the event of any failure to comply with terms of this quotation, (e) Customer may transfer the license conferred hereby only in connection with a transfer of the Equipment and may not retain any copies of the Software following such transfer. (f) ZOLL Medical Corporation warrants that the read-only memory or other media on which the Software is recorded will be free from defects in materials and workmanship for the period and on terms set forth in section 6. (g) Customer understands that the Software is a complex and sophisticated software product and no assurance can be given that operation of the Software will be uninterrupted or error-free, or that the Software will meet Customers requirements. Except as set forth in section 7(f), ZOLL MEDICAL CORPORATION MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SOFTWARE AND IN PARTICULAR DISCLAIMS ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS OF A PARTICULAR PURPOSE WITH RESPECT THERETO. Customers exclusive remedy for any breach of warranty or defect relating to the Software shall be the repair or replacement of any defective read-only memory or other media so that it correctly reproduces the Software. This License applies only to ZOLL Medical Corporation Software. 8. DELAYS IN DELIVERY. ZOLL Medical Corporation shall not be liable for any delay in the delivery of any part of the Equipment if such delay is due to any cause beyond the control of the ZOLL Medical Corporation including, but not limited to acts of God, fires, epidemics, floods, riots, wars, sabotage, labor disputes, governmental actions, inability to obtain materials, components, manufacturing facilities or transportation or any other cause beyond the control of ZOLL Medical Corporation. In addition ZOLL Medical Corporation shall not be liable for any delay in delivery caused by failure of the Customer to provide any necessary information in a timely manner. In the event of any such delay, the date of shipment or performance hereunder shall be extended to the period equal to the time lost by reason of such delay. In the event of such delay ZOLL Medical Corporation may allocate available Equipment among its Customers on any reasonable and equitable basis. The delivery dates set forth in this Quotation are approximate only and ZOLL Medical Corporation shall not be liable for or shall the Contract be breached by, any delivery by ZOLL Medical Corporation within a reasonable time after such dates. 9. LIMITATIONS OF LIABILITY. IN NO EVENT SHALL ZOLL MEDICAL CORPORATION BE LIABLE FOR INDIRECT SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ZOLL MEDICAL CORPORATIONS PERFORMANCE OR FAILURE TO PERFORM PURSUANT TO THIS QUOTATION OR THE CONTRACT OR THE FURNISHING, PERFORMANCE, OR USE OF ANY EQUIPMENT OR SOFTWARE SOLD HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF ZOLL MEDICAL CORPORATION OR OTHERWISE. 10. PATENT INDEMNITY. ZOLL Medical Corporation shall at its own expense defend any suit that may be instituted against the Customer for alleged infringement of any United States patents or copyrights related to the parts of the Equipment or the Software manufactured by ZOLL Medical Corporation, provided that (i) such alleged infringement consists only in the use of such Equipment or the Software by itself and not as a part of or in combination with any other devices or parts, (ii) the Customer gives ZOLL Medical Corporation immediate notice in writing of any such suit and permits ZOLL Medical Corporation through counsel of its choice, to answer the charge of infringement and defend such suit, and (iii) the Customer gives ZOLL Medical Corporation all requested information, assistance and authority at ZOLL Medical Corporations expense, to enable ZOLL Medical Corporation to defend such suit. In the case of a final award of damages for infringement in any such suit, ZOLL Medical Corporation will pay such award, but it shall not be responsible for any settlement made without its written consent. Section 10 states ZOLL Medical Corporations total responsibility and liabilitys, and the Customers sole remedy for any actual or alleged infringement of any patent by the Equipment or the Software or any part thereof provided hereunder. In no event shall ZOLL Medical Corporation be liable for any indirect, special, or consequential damages resulting from any such infringement. 11. CLAIMS FOR SHORTAGE. Each shipment of Equipment shall be promptly examined by the Customer upon receipt thereof. The Customer shall inform ZOLL Medical Corporation of any shortage in any shipment within ten (10) days of receipt of Equipment. If no such shortage is reported within ten (10) day period, the shipment shall be conclusively deemed to have been complete. 12. RETURNS AND CANCELLATION. (a) The Customer shall obtain authorization from ZOLL Medical Corporation prior to returning any of the Equipment. (b) The Customer receives authorization from ZOLL Medical Corporation to return a product for credit, the Customer shall be subject to a restocking charge of twenty percent (20%) of the original list purchase price, but not less than $50.00 per product. (c) Any such change in delivery caused by the Customer that causes a delivery date greater than six (6) months from the Customers original order date shall constitute a new order for the affected Equipment in determining the appropriate list price. 13. APPLICABLE LAW. This Quotation and the Contract shall be governed by the substantive laws of the Commonwealth of Massachusetts without regard to any choice of law provisions thereof. 14. COMPLIANCE WITH LAWS. (a) ZOLL Medical Corporation represents that all goods and services delivered pursuant to the Contract will be produced and supplied in compliance with all applicable state and federal laws and regulations, including the requirements of the Fair Labor Standards Act of 1938, as amended. (b) The Customer shall be responsible for compliance with any federal, state and local laws and regulations applicable to the installation or use of the Equipment furnished hereunder, and will obtain any permits required for such installation and use. 15. NON-WAIVER OF DEFAULT. In the event of any default by the Customer, ZOLL Medical Corporation may decline to make further shipments or render any further warranty or other services without in any way affecting its right under such order. If despite any default by Customer, ZOLL Medical Corporation elects to continue to make shipments its action shall not constitute a waiver of any default by the Customer or in any way affect ZOLL Medical Corporations legal remedies regarding any such default. No claim or right arising out of a breach of the Agreement by the Customer can be discharged in whole or in part by waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by ZOLL Medical Corporation. 16. ASSIGNMENT. This Quotation, and the Contract, may not be assigned by the Customer without the prior written consent of ZOLL Medical Corporation, and any assignment without such consent shall be null and void. 17. TITLE TO PRODUCTS. Title to right of possession of the products sold hereunder shall remain with ZOLL Medical Corporation until ZOLL Medical Corporation delivers the Equipment to the carrier and agrees to do all acts necessary to perfect and maintain such right and title in ZOLL Medical Corporation. Failure of the Customer to pay the purchase price for any product when due shall give ZOLL Medical Corporation the right, without liability to repossess the Equipment, with or without notice, and to avail itself of any remedy provided by law. 18. EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION. VETERANS EMPLOYMENT - If this order is subject to Executive Order 11710 and the rules, regulations, or orders of the Secretary of Labor issued thereunder the contract clause as set forth at 41 CFR 60-250.4 is hereby included as part of this order. EMPLOYMENT OF HANDICAPPED - if this order is subject to Section 503 of the Rehabilitation Act of 1973, as amended and the rules, regulations or orders of the Secretary of Labor as issued thereunder, the contract clause at 41 CFR 60-741.7 is hereby included as part of this order. EQUAL OPPORTUNITY EMPLOYMENT - if this order is subject to the provisions of Executive Order 11246, as amended, and the rules, regulations or orders of the Secretary of Labor issued thereunder, the contract clause set forth at 41 CFR 60-1.4 (a) and 60-1.4 (b) are hereby included as a part of this order and Seller agrees to comply with the reporting requirements set forth at 41 CFR 60-1.7 and the affirmative action compliance program requirements set forth as 41 CFR 60-1.40. 19. VALIDITY OF QUOTATION. This Quotation shall be valid and subject to acceptance by the Customer, in accordance with the terms of Section 1 hereof for the period set forth on the face hereof. After such period, the acceptance of this Quotation shall not be binding upon ZOLL Medical Corporation and shall not create a contract, unless such acceptance is acknowledged and accepted by ZOLL Medical Corporation by a writing signed by an authorized representative of ZOLL Medical Corporation. 20. GENERAL. Any Contract resulting from this Quotation shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts. This constitutes the entire agreement between Buyer and Supplier with respect to the purchase and sale of the Products described in the face hereof, and only representations or statements contained herein shall be binding upon Supplier as a warranty or otherwise. Acceptance or acquiescence in the course of performance rendered pursuant hereto shall not be relevant to determine the meaning of this writing even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity for objection. No addition to or modification of any of the terms and conditions specified herein shall be binding upon Supplier unless made in writing and signed by a duly authorized representative of Supplier. The terms and conditions specified shall prevail notwithstanding any variance from the terms and conditions of any order or other form submitted by Buyer for the Products set forth on the face of this Agreement. To the extent that this writing may be treated as an acceptance of Buyers prior offer, such acceptance is expressly made conditional on assent by Buyer to the terms hereof, and, without limitation, acceptance of the goods by Buyer to the terms hereof, and, without limitation, acceptance of the goods by Buyer shall constitute such assent. All cancellations and reschedules require a minimum of thirty (30) days notice.

ZOLL Medical Corporation

WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, JULY 10, 2012 7 Fire/EMS Quarterly Report Presented by: Chief Chris Larmore


Volunteer & Career United to Serve

ChrisLarmoreChuckBartonRobertDukeDavidHartley FireChief DeputyChiefDeputyChiefDeputyChief

TownofOceanCityCareerDivision VolunteerDivisionFireMarshalDivision

TO:
SUBJ: DATE:

David Recor, City Manager

FROM: Chris Larmore, Fire Chief Fire Department Update July 3, 2012

I would like to present a brief update to the Mayor and Council on the following projects/topics: 1) Status of 2012 season thus far, staffing and call volume 2) Status of Fire Boat and location study 3) Upcoming initiative and goals I am requesting this presentation be placed on the Work Session agenda for July 10th.

OceanCityFireDepartment Volunteer & Career United to Serve

WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, JULY 10, 2012 8 Charter Amendment Resolution 2012-02 to Amend C-404 Entitled Meetings of Mayor and Council (changes the organizational meeting date to the Thursday in November immediately following the election) Presented by: Guy Ayres, City Solicitor

WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, JULY 10, 2012 9 Resolution 2012-08 Designating Countersigners for Municipal Checks (authorizing Martha Bennett and Roger Baskerville as countersigners) Presented by: Guy Ayres, City Solicitor

Memo
To
Thru From

Guy Ayres City Solicitor

David L Recor City Man
Martha J Bennett Finance Administrator
2012 27 6

Date

Re

Countersigners

At a meeting on Wednesday June 27 with City Manager David Recor it was noted

in C710 Checks of the Charter that Council designates the countersigner of payments issued for Town obligations In addition to the City Manager the current
signers are
Martha J Bennett Finance Administrator

Roger Baskerville Assistant Finance Administrator

Please prepare a resolution for myself and Mr Baskerville to be countersigners

Thank you and if you have any

questions please feel free

to contact

me

Municode

Page 1 of 1

C-710. - Checks. (188H)

All checks issued in payment for municipal obligations shall be issued and signed by the City Manager and shall be countersigned by a person designated by the Mayor and Council, or, in his absence, by any member of the Council. This provision shall not apply to the issuance of checks for any funds previously transferred to a payroll account. Checks for funds previously issued to a payroll account may be signed solely by the City Manager without necessity for any countersignature.
(Res. No. 1981-9, 12-21-1981)

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