Regular Session

26th Regular Session and Executive Session Mayor and City Council October 24, 2017 Agenda 6:30 p.m. EXECUTIVE SESSION - Council Chamber, 2nd floor, City Hall 7:00 PM - October 24, 2017 - REGULAR SESSION -Council Chamber, 2nd floor, City Hall I. CALL TO ORDER Mayor Robert E. Bruchey, II II. INVOCATION Councilmember Lewis C. Metzner III. PLEDGE TO THE FLAG IV. ANNOUNCEMENTS A. A. Rules of Procedure – Adopted December 20, 2016 B. Use of cell phones during meetings is restricted. C. All correspondence for distribution to Elected Officials should be provided to the City Clerk and should include a copy for the City Clerk for inclusion in the official record. D. Meeting Schedule: 1. Tuesday, November 7, 2017 – Work Session at 4:00 p.m. 2. Tuesday, November 14, 2017 - Work Session at 4:00 p.m. 3. Tuesday, November 21, 2017 – Work Session at 4:00 p.m. 4. Tuesday, November 28, 2017 – Regular Session at 7:00 p.m. V. APPOINTMENTS A. Board of Zoning Appeals Historic District Commission Bicycle Advisory Commission VI. GUESTS Proclamation: Red Ribbon Week Proclamation: Economic Development Week VII. CITIZEN COMMENTS VIII. CITY ADMINISTRATOR'S COMMENTS IX. MAYOR AND COUNCIL COMMENTS X. MINUTES September 12, 2017, September 19, 2017, and September 26, 2017 XI. CONSENT A. Fire 1. Roof Replacement at Engine 3 – Bonded Applicators, Inc. (Hagerstown, MD) $56,476.00 B. IT/Support Services 1. Microsoft Exchange Enterprise Server Software Upgrade – Vision Business Products (Carnegie, PA) $ 34,857.00 C. Police 1. NTF Reimbursement to Washington County - $ 310,000.00 2. Community Based Prosecutor Fees - Washington County Sheriff's Office (Hagerstown, MD) $ 30,244.00 D. Public Works 1. Bulk Road Salt - Cargill, Inc. (North Olmstead, OH) $ 62.38/ton E. Utilities 1. Electric Division - Transformers - National Transformer Sales (Raleigh, NC) $ 75,089.00 2. Electric Division - Vehicles 104, 109, 113 - Keystone Ford (Chambersburg, PA) $ 84,755.00 XII. UNFINISHED BUSINESS A. No Unfinished Business XIII. NEW BUSINESS A. Approval of a Resolution: Execution of a Memorandum of Understanding Agreement with Frostburg State University at USMH for a portion of the City of Hagerstown property known as BuroBox located at 60 West Washington Street, Hagerstown, MD B. Approval of a Resolution: Execution of a Memorandum of Understanding Agreement with SCORE Hagerstown #0539 for a portion of the City of Hagerstown property known as BuroBox located at 60 West Washington Street, Hagerstown, MD. C. Approval of Salt Utilization Agreement with Maryland State Highway Administration D. Approval of Contract Extension with The Groundskeeper, Inc. E. Approval of City Center Holiday Parking Program F. Approval of 2017-2018 After School Program at Robert W. Johnson Community Center - $ 17,940.00 G. Approval of Changes in the Assumptions used for the Annual Financial Reporting for the City of Hagerstown Police and Fire Employee's Retirement Plan H. Approval of Funding for Municipal Stadium Improvements for the 2018 Season I. Approval of a Memorandum of Agreement with Maryland Historical Trust and Hager 5, LLC for the property at 43-53 West Washington Street J. Termination of Contracts and Prohibiting Future Purchases with VanStandig Broadcasting XIV. ADJOURN  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Mayor Robert E. Bruchey, II Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates:  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Councilmember Lewis C. Metzner Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates:  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: A. Rules of Procedure – Adopted December 20, 2016 B. Use of cell phones during meetings is restricted. C. All correspondence for distribution to Elected Officials should be provided to the City Clerk and should include a copy for the City Clerk for inclusion in the official record. D. Meeting Schedule: 1. Tuesday, November 7, 2017 – Work Session at 4:00 p.m. 2. Tuesday, November 14, 2017 - Work Session at 4:00 p.m. 3. Tuesday, November 21, 2017 – Work Session at 4:00 p.m. 4. Tuesday, November 28, 2017 – Regular Session at 7:00 p.m. Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates:  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Board of Zoning Appeals Historic District Commission Bicycle Advisory Commission Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates:  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Proclamation: Red Ribbon Week Proclamation: Economic Development Week Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates:  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: September 12, 2017, September 19, 2017, and September 26, 2017 Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates: ATTACHMENTS: File Name Description Motion.minutes.pdf Motion  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Date: October 24, 2017 TOPIC: Approval of Minutes Charter Amendment Code Amendment Ordinance Resolution Other X MOTION: I hereby move for the approval of minutes, as presented, for the Mayor and Council meetings held on September 12, 2017, September 19, 2017, and September 26, 2017. DATE OF PASSAGE: October 24, 2017  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Roof Replacement at Engine 3 – Bonded Applicators, Inc. (Hagerstown, MD) $56,476.00 Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates: ATTACHMENTS: File Name Description Motion_-_Consent_Agenda.pdf Consent Agenda Motion and Documents Consent_Form_-_Roof_Replacement_at_Engine_3.pdf Consent Form - Roof Replacement at Engine 3  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Microsoft Exchange Enterprise Server Software Upgrade – Vision Business Products (Carnegie, PA) $ 34,857.00 Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates: ATTACHMENTS: File Name Description Consent_Agenda_Form_ExchangeUpgrade_1017.doc Consent Agenda Form  City of Hagerstown Do Not Complete This Section Mayor and Council Approved Consent Agenda: _____ Purchase / Contract Information New Business: ______________ Meeting of June 13, 2017 Originating Dept.: Technology & Support Serv By: Scott Nicewarner Account Number: 4507200-5865 Account / Project Name: Email System Upgrade Budget Amt: $40,000 Acct Balance: $77,698 Year 17/18 CIP Control No. 0001 Unbudgeted $: $0 Source of Funds: Budgeted CIP Quantity Description Value 1 Microsoft Exchange Enterprise Server Software Upgrade, including 500 $ 34,875.00 Seat licenses. TOTAL VALUE OF PROJECT (over 5 year period): $34,857.00 ABOVE TO BE USED FOR: Upgrade from Exchange 2007 to 2016 necessary to allow new PC’s coming with the Windows 10 Operating system pre-installed or upgrading existing PC’s to Windows 10 to access email using Microsoft Exchange Server and the Microsoft Outlook email front-end. Recommended Vendor: Business Name: Vision Business Products Address: 600 Logan Street City, State: Carnegie, PA 15106 Bid/Proposal/Quote No.: OTHER VENDORS: Firm City/State Total Amount Glessner Technologies Hagerstown, MD $ 38,229.00 ENNET Frederick, MD $ 41,996.16 (1) Department Manager Microsoft is making obsolete all Windows operating systems before the current Windows 10 product. The version of our email system running now (Exchange 2007) will not run on Windows 10 and needs to be upgraded. This upgrade will also allow other OS’s, namely Apple and Android, to interact more effectively with our email server. Signature / Date (2) Purchasing Agent: Signature / Date (3) Finance Manager: Signature / Date (4) City Administrator's Recommendation: Signature / Date  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: NTF Reimbursement to Washington County - $ 310,000.00 Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates: ATTACHMENTS: File Name Description CONSENT_AGENDA_-_NTF.pdf Consent Agenda - FY18 NTF Reimbursement  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Community Based Prosecutor Fees - Washington County Sheriff's Office (Hagerstown, MD) $ 30,244.00 Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates: ATTACHMENTS: File Name Description CONSENT_AGENDA_-_SAFE_STREETS.pdf Consent Agenda - Community Prosecutor CCF10092017_0001.pdf GOCCP Budget Report  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Bulk Road Salt - Cargill, Inc. (North Olmstead, OH) $ 62.38/ton Mayor and City Council Action Required: Approval of purchase from Cargill Inc. Discussion: Used to melt snow and ice from city streets and alleys. Washington County Government bid the purchase of the bulk road salt for themselves and the City of Hagerstown to obtain a better bulk rate. The recommendation is to utilize the services of Cargill Inc. The budget amount for this fiscal year is $123,000. Financial Impact: Originating Department: Public Works By: Eric B. Deike, Director Account Number: 0121001-5591 Account / Project Name: Snow Removal-Chemicals Budget Amount: $123,000 Account Balance: $123,000 Year: 17/18 CIP Control No. N/A Unbudgeted $: Source of Funds: General Fund Quantity Description Value 1 Bulk Road Salt $62.38 per ton TOTAL VALUE OF PROJECT : $62.38 per ton Recommendation: Recommended Vendor: Business Name: Cargill Inc. Address: 24950 Country Club Blvd. Suite #450 City, State: North Olmstead, OH 44070 (800) 600-7258 Bid/Proposal/Quote No.: Washington County PUR-1361 OTHER VENDORS: Firm City/State Total Amount Mid-Atlantic Salt LLC Baltimore, MD $62.90/ton Eastern Salt Company Lowell, MA $63.00/ton Commodities USA, Inc Potomac, MD $72.00/ton Government MLO Supplies Bethesda, MD $73.00/ton Eddie Mercer Agi-Services Frederick, MD $74.95/ton Morton Salt Chicago, IL $78.23/ton Patuxent Materials, Inc. Crofton, MD $99.00/ton Motion: NA Action Dates: NA ATTACHMENTS: File Name Description Bulk_Road_Salt_2017.2018_consent_agenda_Cargill_Inc.pdf Consent Agenda Form for Bulk Road Satl  City of Hagerstown Do Not Complete This Section Mayor and Council Approved Consent Agenda: _____ Purchase / Contract Information New Business: ______________ Meeting of 10/24/17 Originating Department: Public Works By: Eric B. Deike, Director Account Number: 0121001-5591 Account / Project Name: Snow Removal-Chemicals Budget Amount: $123,000 Account Balance: $123,000 Year: 17/18 CIP Control No. N/A Unbudgeted $: Source of Funds: General Fund Quantity Description Value 1 Bulk Road Salt $62.38/ton TOTAL VALUE OF PROJECT: $62.38 per ton ABOVE TO BE USED FOR: Used to melt snow and ice from city streets and alleys. Recommended Vendor: Business Name: Cargill Inc. Address: 24950 Country Club Blvd. Suite #450 City, State: North Olmstead, OH 44070 (800) 600-7258 Bid/Proposal/Quote No.: Washington County PUR-1361 OTHER VENDORS: Firm City/State Total Amount Mid-Atlantic Salt, LLC Narberth, PA $62.90/ton Eastern Salt Company Lowell, MA $63.00/ton Commodities USA, Inc Potomac, MD $72.00/ton Government MLO Supplies Bethesda, MD $73.00/ton Eddie Mercer Agi-Services Frederick, MD $74.95/ton Morton Salt Chicago, IL $78.23/ton Patuxent Materials, Inc Crofton, MD $99.00/ton (1) Department Manager: Washington County Government bid the purchase of the bulk road salt for themselves and the City of Hagerstown to obtain a better bulk rate. The recommendation is to utilize the services of Cargill Inc. The budget amount for this fiscal year is $123,000. Signature / Date (2) Purchasing Agent: Signature / Date (3) Finance Manager: Signature / Date (4) City Administrator's Recommendation: Signature / Date  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Electric Division - Transformers - National Transformer Sales (Raleigh, NC) $ 75,089.00 Mayor and City Council Action Required: Requested approval of the Electric Division Consent for Distribution Transformers in the amount of $75,089.00. Discussion: Financial Impact: Recommendation: Staff recommended approval Motion: Consent Agenda Action Dates: Regular Session 10/24/17 ATTACHMENTS: File Name Description Electric Division Consent 201710_Distribution_Transformers_Consent_Agenda_Form.pdf Distribution Transformers 201710_Distribution_Transformers_Consent_Agenda_Form.pdf Distribution Transformers 102417  CITY OF HAGERSTOWN MAYOR AND COUNCIL PURCHASE/CONTRACT INFORMATION MEETING OF 10/24/2017 APPROVED FOR: CONSENT AGENDA NEW BUSINESS ORIGINATING DEPARTMENT Utilities / Electric Division BY Nathan Fridinger, Electric Ops. Mgr. ACCOUNT NO. 5085001-583008 ACCOUNT/PROJECT NAME Distribution Line Transformers BUDGET AMOUNT $100,000 ACCOUNT BALANCE $95,424 YEAR FY18 CIP N/A UNBUDGETED* SOURCE OF FUNDS Electric Fund, Non-CIP Capital *(See Department Manager Comments) QUANTITY DESCRIPTION UNIT COST EXTENDED COST 3 Transformer, Padmount, 3 Phase, 500 kVA, 120/208Y V $ 14,320.00 $ 42,960.00 1 Transformer, Padmount, 3 Phase, 750 kVA, 277/480Y V $ 17,634.00 $ 17,634.00 3 Transformer, Polemount, 1 Phase, 100 kVA, 277/480Y V $ 2,202.00 $ 6,606.00 7 Transformer, Polemount, 1 Phase, 50 kVA, 120/240 V $ 1,127.00 $ 7,889.00 TOTAL COST $ 75,089.00 ABOVE TO BE USED FOR: The above mentioned transformer units are required for purchase to provide electrical power to HLD customers for new services, service upgrades, and maintenance. This pricing is provided as part of a blanket contract bid award #B1638.18. NTS is the successful bidder due to incomplete bid responses by the other two bidders. BID/PROPOSAL/QUOTE NO. B1638.18 RECOMMENDED VENDOR: # 18959 BUSINESS NAME: National Transformer Sales, Attn: Rhonda Bailey ADDRESS: 2613B Discovery Drive CITY, STATE: Raleigh, NC 27616 OTHER VENDORS: BUSINESS NAME CITY, STATE AMOUNT Paradoxe Corporation Jackson, Tennesee/ Incomplete Anixter, Inc. New Castle, DE Incomplete (1) DEPARTMENT MANAGER: Recommend blanket contract award to National Transformer Sales and order of required transformer units for supply of utility electric. 10/2/2017 SIGNATURE/DATE (2) PURCHASING AGENT: SIGNATURE/DATE (3) FINANCE MANAGER: SIGNATURE/DATE (4) CITY ADMINISTRATOR: SIGNATURE/DATE  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Electric Division - Vehicles 104, 109, 113 - Keystone Ford (Chambersburg, PA) $ 84,755.00 Mayor and City Council Action Required: Requested approval of the Electric Division Consent for replacement of Vehicles 104, 109, 113 through the Costars Bid in the amount of $84,755.00 Discussion: Financial Impact: Recommendation: Staff recommended approval Motion: Consent Agenda Action Dates: Regular Session 10/24/17 ATTACHMENTS: File Name Description Electric Division Consent Vehicles Electric_Division_Consent_Vehicles_104__109__113_Costars_102417.pdf 104, 109, 113 Costars  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: No Unfinished Business Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates:  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Approval of a Resolution: Execution of a Memorandum of Understanding Agreement with Frostburg State University at USMH for a portion of the City of Hagerstown property known as BuroBox located at 60 West Washington Street, Hagerstown, MD Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: I hereby move that the Mayor and City Council approve the attached resolution authorizing the execution of a Memorandum of Understanding Agreement for a portion of the City of Hagerstown property known as BuroBox located at 60 West Washington Street in Hagerstown, MD. The MOU will be between the City of Hagerstown and Frostburg State University at USMH. Action Dates: DATE OF INTRODUCTION: 10/24/2017 DATE OF PASSAGE: 10/24/2017 EFFECTIVE DATE: 10/24/2017 ATTACHMENTS: File Name Description Resolution_- Motion, Resolution and _MOU_with_Frostburg_State_University_at_BuroBox.pdf MOU - Frostburg State University  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Approval of a Resolution: Execution of a Memorandum of Understanding Agreement with SCORE Hagerstown #0539 for a portion of the City of Hagerstown property known as BuroBox located at 60 West Washington Street, Hagerstown, MD. Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: I hereby move that the Mayor and City Council approve the attached resolution authorizing the execution of a Memorandum of Understanding Agreement for a portion of the City of Hagerstown property known as BuroBox located at 60 West Washington Street in Hagerstown, MD. The MOU will be between the City of Hagerstown and SCORE Hagerstown #0539. Action Dates: DATE OF INTRODUCTION: 10/24/2017 DATE OF PASSAGE: 10/24/2017 EFFECTIVE DATE: 10/24/2017 ATTACHMENTS: File Name Description Resolution_-_MOU_with_SCORE_at_BuroBox.pdf Moiton, Resolution, and MOU with SCORE  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Approval of Salt Utilization Agreement with Maryland State Highway Administration Mayor and City Council Action Required: Staff is seeking Mayor and Council approval for the City of Hagerstown to enter into a Salt Utilization Agreement with the Maryland State Highway Administration (SHA) to purchase bulk road salt during snow emergency operations. Cost per ton would be Ninety Dollars and Sixteen Cents ($90.16) per ton which includes the price of the salt, delivery and an overhead charge. Discussion: The City of Hagerstown has a limited capacity to store bulk road salt for snow emergency operations. On site storage is approximately one thousand tons. During snow events, salt is utilized and replenished throughout the snow season. Salt supplies can be quickly depleted during a cycle of continuous storms, slow deliveries or simply a lack of product. The city currently has little recourse when salt supplies run low other than obtaining salt from the salt supplier or possibly purchasing salt from the Washington County Highway Department. The Maryland State Highway Administration will allow local governments to purchase salt from them as needed during snow emergencies if the salt is available. The local governments must have an approved Salt Utilization Agreement in place before salt can be purchased. The salt would be obtained from the SHA shop located off of Sharpsburg Pike. The current cost of the salt is Ninety Dollars and Sixteen Cents ($90.16) per ton which includes the price of the salt, delivery and an overhead charge. The Washington County Government has road salt for themselves and the City of Hagerstown. A contract should be in place by the beginning of November. Salt has only been purchased once from SHA in the previous 18 years so utilizing SHA for salt should be considered as a last resort option for the City. Financial Impact: The salt would be obtained from the SHA shop located off of Sharpsburg Pike. The current cost of the salt is Ninety Dollars and Sixteen Cents ($90.16) per ton which includes the price of the salt, delivery and an overhead charge. Price for salt purchased using a contract through the Washington County Government is $62.38 per ton. Recommendation: Approval of the Salt Utilization Agreement provides the City with another option for road salt if necessary. Staff believes it to be wise to have the formal agreement in place well before the salt is needed from SHA. Staff looks forward to discussing this issue with the Mayor and Council at a future work session. Motion: I hereby move for the approval of a resolu on to approve a salt u liza on agreement with the Maryland State Highway Administra on. The agreement allows the City of Hagerstown to purchase road salt from state highway stockpiles during winter weather emergencies. The City shall reimburse the highway administra on for cost of the salt, delivery charges and overhead. Action Dates: DATE OF PASSAGE: October 24, 2017 ATTACHMENTS: File Name Description Motion_Sheet_for_SHA_Salt_Utilization_Agreement_2017.pdf Motion Sheet for Salt Utilization Agreement Memo on Satl Utilization Memo_State_MOU_for_road_salt_2017.pdf Agreement with the MD State Highway Admin 3-YR_Salt__Aggregate_Hagerstown_City.pdf Salt Utilization Agreement SHA_Salt_Utilization_Agreement_Resolution_09.24.2017.pdf Resolution for Salt Utilization Agreement  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND DATE: October 24, 2017 TOPIC: Approval of a Salt Utilization Agreement with the Maryland State Highway Administration Charter Amendment Code Amendment Ordinance  Resolution Other MOTION: I hereby move for the approval of a resolution to approve a salt utilization agreement with the Maryland State Highway Administration. The agreement allows the City of Hagerstown to purchase road salt from state highway stockpiles during winter weather emergencies. The City shall reimburse the highway administration for cost of the salt, delivery charges and overhead. DATE OF PASSAGE: October 24, 2017  CITY OF HAGERSTOWN, MARYLAND Public Works Department (301)739-8577 ext. 178 September 28, 2017 To: Valerie Means, City Administrator From: Eric B. Deike, Director of Public Works Re: Salt Utilization Agreement with Maryland State Highway Administration Action Requested Staff is seeking Mayor and Council approval for the City of Hagerstown to enter into a Salt Utilization Agreement with the Maryland State Highway Administration (SHA) to purchase bulk road salt during snow emergency operations. Cost per ton would be Ninety Dollars and Sixteen Cents ($90.16) per ton which includes the price of the salt, delivery and an overhead charge. Discussion The City of Hagerstown has a limited capacity to store bulk road salt for snow emergency operations. On site storage is approximately one thousand tons. During snow events, salt is utilized and replenished throughout the snow season. Salt supplies can be quickly depleted during a cycle of continuous storms, slow deliveries or simply a lack of product. The city currently has little recourse when salt supplies run low other than obtaining salt from the salt supplier or possibly purchasing salt from the Washington County Highway Department. The Maryland State Highway Administration will allow local governments to purchase salt from them as needed during snow emergencies if the salt is available. The local governments must have an approved Salt Utilization Agreement in place before salt can be purchased. The salt would be obtained from the SHA shop located off of Sharpsburg Pike. The current cost of the salt is Ninety Dollars and Sixteen Cents ($90.16) per ton which includes the price of the salt, delivery and an overhead charge. The Washington County Government has road salt for themselves and the City of Hagerstown. A contract should be in place by the beginning of November. Salt has only been purchased once from SHA in the previous 18 years so utilizing SHA for salt should be considered as a last resort option for the City. Next Steps Approval of the Salt Utilization Agreement provides the City with another option for road salt if necessary. Staff believes it to be wise to have the formal agreement in place well before the salt is needed from SHA. Staff looks forward to discussing this issue with the Mayor and Council at a future work session. Cc: M. Hepburn 51 W. Memorial Blvd. · Hagerstown, MD 21740 FAX (301)791-6761  SALT AND AGGREGATE UTILIZATION AGREEMENT by and between Maryland Department of Transportation State Highway Administration and City of Hagerstown, Maryland This AGREEMENT (“Agreement”) made as of the 1st day of September 2017, executed in duplicate, by and between the Maryland Department of Transportation State Highway Administration (“MDOT SHA”) and the City of Hagerstown, Washington County, Maryland (“CITY”). WHEREAS, during certain winter snow emergency operations (“Snow Event”) the CITY may have a need to obtain additional salt (“Salt”) and/or stone dust abrasives or aggregate (“Aggregate”), to effectively complete their winter snow operations; and WHEREAS, the CITY has requested, and MDOT SHA has agreed, to allow the CITY to obtain Salt and/or Aggregate from MDOT SHA stockpiles during a Snow Event in accordance with the terms and conditions contained herein; and WHEREAS, the CITY shall reimburse MDOT SHA for the cost of Salt and/or Aggregate plus other related expenses; and WHEREAS, MDOT SHA and the CITY agree that this Agreement will benefit both parties of this Agreement and will promote the safety, health and general welfare of the citizens of the State. NOW, THEREFORE, in consideration of the premises and of the mutual promises between the MDOT SHA and the CITY, as set forth herein, the adequacy of which is hereby acknowledged, the parties hereby agree to the following: I. TERM & BUDGET The Term of this Agreement is for a period of three (3) years beginning the first (1st) day of September 2017 and ending on the thirty first (31st) day of August 2020, both dates inclusive, unless sooner terminated as set forth herein. For budgeting and planning purposes only, during the Term of this Agreement the total cost for: i) Salt shall not exceed One Hundred Fifty Thousand Dollars ($150.000), and ii) Aggregate shall not exceed _______ ($_____). This is an estimate only and the CITY shall be responsible for actual costs incurred at the time of acquisition. 1 II. SALT & AGGREGATE COSTS A. The cost of Salt, at the time of execution of this Agreement is Ninety Dollars and Sixteen Cents ($ 90.16) per ton, which includes the price of the Salt, a Delivery Charge and an Overhead Charge. B. The cost of Aggregate, at the time of execution of this Agreement is _____________ Dollars and __________ Cents ($ ) per ton, which includes the price of the Aggregate, a Delivery Charge and an Overhead Charge. C. The Salt and/or Aggregate prices listed herein are subject to awarded contracts by MDOT SHA and shall be adjusted accordingly. D. The Delivery Charge includes the cost of fuel and mileage to transport the Salt and/or Aggregate to an MDOT SHA Salt dome. The Overhead Charge is determined by the federally approved Overhead Rate that may be adjusted on October 1st of each year. The current Overhead Rate is eight and two tenths percent (8.2%). E. The cost of the Salt and/or Aggregate may be adjusted weekly to account for Delivery Charge variances. III. ESTABLISHMENT of the SALT and/or AGGREGATE COSTS MDOT SHA has established a charge number for the CITY which will be used to document Salt and/or Aggregate withdrawals from MDOT SHA’s inventory system. The current charge number for the CITY is BY301M84. IV. PROCEDURES A. Salt and Aggregate Scheduling 1. MDOT SHA Shop Locations: For purposes of this Agreement, the MDOT SHA shops to be used for Salt and/or Aggregate for the CITY, as determined by MDOT SHA, is: -Hagerstown Maintenance Shop 2. Prior to a Snow Event: The CITY will contact Mark Benner, MDOT SHA’s Resident Maintenance Engineer (RME), or designee, of the Hagerstown Shop at 301-791-4790 to arrange for the CITY’s trucks to be loaded with the Salt and/or Aggregate at the designated location the day before a local forecasted snow if time permits; otherwise MDOT SHA and the CITY will determine which MDOT SHA salt storage site is appropriate to use to load the Salt and/or Aggregate onto the trucks and MDOT SHA will provide an operator to facilitate the loading of the Salt and/or Aggregate. 2  3. During the Snow Event: The CITY will contact the appropriate MDOT SHA Shop nearest to that truck and request to be loaded at an approximate preferred time of arrival. MDOT SHA will then arrange for an operator to meet the CITY truck at that location as close to the preferred time as possible without negatively affecting MDOT SHA operations. In addition, if a CITY truck is in the vicinity of a specific dome during a Snow Event and an MDOT SHA operator is present, the CITY truck may then be topped off, if desired. In situations where the SHA Snow Event operations are already active when the CITY operations begin, the CITY can notify SHA as far in advance as possible and MDOT SHA will make every effort to provide an operator at all the locations requested in order to begin loading CITY trucks with Salt and/or Aggregate. 4. Post Snow Event: The CITY can contact the appropriate MDOT SHA shop to request re-loading after a Snow Event, and MDOT SHA will schedule the re-loading at both parties’ convenience. 5. The CITY shall not return any unused Salt and/or Aggregate to any MDOT SHA shop. B. Load Records 1. The CITY shall ensure all vehicles picking up Salt and/or Aggregate on their behalf are identified by a sticker or placard indicating the CITY’s name. 2. Only an MDOT SHA authorized loader operator shall load the CITY trucks. 3. MDOT SHA shall create a written loading record that must be signed by the CITY driver. A copy shall be given to the CITY driver to account for every load of Salt and/or Aggregate that the CITY receives from MDOT SHA. Each load record shall contain the following information: a. truck number or license tag number, b. the number of scoops/ buckets loaded, c. the number of tons loaded based on the scoops / bucket size value multiplied by the number of scoops /buckets. d. the ratio of Salt and Aggregate (e.g. 70/30, 50/50, etc.) for mixed loads. V. PAYMENT A. SHA shall provide a detailed invoice to the CITY by May 31st of each year for all actual costs incurred by MDOT SHA to provide Salt and/or Aggregate to the CITY. The invoice shall be accompanied by normal documentation from MDOT SHA to evidence actual costs incurred. 3  1. In the event the CITY receives a mixture of Salt and Aggregate, then such mixture will be noted on each load ticket along with the ratio of Salt to Aggregate; the quantity on such tickets will be multiplied by the mixture ratio and recorded independently as Salt and Aggregate. B. Upon request by the CITY, MDOT SHA may provide information to include the number of buckets and estimated tonnage provided to the CITY for each date of withdrawal. C. The estimated cost of the Salt and/or Aggregate is based on the average amount of Salt and/or Aggregate used during the previous five (5) years at the prevailing rate at the time of execution of this Agreement and will be subject to future adjustments during the Term according to costs for Salt and/or Aggregate for delivery and overhead in effect at that time. D. REIMBURSEMENT 1. Reimbursement to MDOT SHA for the SALT during the Term, including MDOT SHA overhead, is estimated to be One Hundred Fifty Thousand Dollars ($150,000) and is based on estimated quantities from the previous year, however, actual costs and tonnage may vary and the CITY shall reimburse SHA for all actual tonnage (which includes the delivery charge) and overhead costs. 2. Reimbursement to MDOT SHA for the Aggregate during the Term, including MDOT SHA overhead, is estimated to be ______________ Dollars ($_____) and is based on estimated quantities from the previous year, however, actual costs and tonnage may vary and the CITY shall reimburse MDOT SHA for all actual tonnage which includes delivery charge and overhead costs. E. In the event of extremely heavy Salt and/or Aggregate usage, MDOT SHA reserves the right to submit progress billings to the CITY in lieu one annual invoice. F. The CITY shall reimburse MDOT SHA for all costs incurred by MDOT SHA for all supplied Salt and/or Aggregate provided during the winter pursuant to this Agreement within thirty (30) days of receipt of each invoice. G. In the event MDOT SHA does not receive payment of invoices within thirty (30) days of the CITY’s receipt of each invoice, MDOT SHA will notify the CITY of the overdue payment and provide the CITY the opportunity to pay such overdue amounts. If payment of the overdue amount is not received within thirty (30) days following notification, MDOT SHA will then notify the CITY in writing, and the parties hereby agree that MDOT SHA may make a deduction from the CITY’s share of Highway User Revenue equal to the overdue invoice amount(s) or MDOT SHA may refer the overdue amount to the Central Collection Unit, at 4  300 West Preston Street, Room 500, Baltimore MD 21201-2365 for collection of overdue amount. VI. GENERAL A. MDOT SHA does not supply Brine, a pretreatment salt-based mixture. B. MDOT SHA and the CITY agree to cooperate with each other to accomplish the terms and conditions of this Agreement. C. The provisions contained in this Agreement shall be binding upon the parties until the earlier to occur of; (i) three (3) years from the date first written above, (ii) thirty (30) days after written notice has been given by either party to the other that they elect to no longer be bound by the terms and conditions of this Agreement, or (iii) August 31, 2020. However, termination of this Agreement and any Amendments is contingent on all outstanding invoices being paid by the CITY to MDOT SHA. D. The CITY shall indemnify, hold harmless and defend, at MDOT SHA’s option, the State of Maryland, MDOT SHA and the Maryland Department of Transportation, from and against any and all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, incurred in connection with the loss of life, personal injury and/or property damage arising from or in connection with the activities performed pursuant to this Agreement by the CITY or its contractors, agents or assigns. E. MDOT SHA shall reserve the right to limit or deny Salt and/or Aggregate to the CITY in order to avoid jeopardizing MDOT SHA’s snow remediation operations. F. This Agreement shall inure to and be binding upon the parties hereto, their agents, successors and assigns. G. This Agreement and the rights and liabilities of the parties hereto shall be determined in accordance with Maryland law and in Maryland courts. H. The recitals (WHEREAS clauses) at the beginning of this Agreement are incorporated as substantive provisions of this Agreement. I. All notices and/or invoices, if to the CITY, shall be addressed to: Eric B. Deike Director of Public Works City of Hagerstown 51 West Memorial Blvd Hagerstown MD 21740 Phone: 301-739-8577 Fax: 301-791-6761 E-mail: edeike@hagerstownmd.org 5 And if to SHA: Mark Benner Resident Maintenance Engineer Maryland Department of Transportation State Highway Administration 18320 Col. Henry K. Douglas Dr. Hagerstown, MD 21740 Phone: 301-791-4790 Fax: 301-791-4694 E-mail: MBenner@sha.state.md.us With copies to: Mr. Anthony Crawford District Engineer, D-6 Maryland Department of Transportation State Highway Administration 1251 Vocke Road La Vale, MD 21502-3347 Phone: 301-729-8400 Fax: 301-729-6968 Email: acrawford@sha.state.md.us And, MDOT SHA Agreements Team Office of Procurement and Contract Management Maryland Department of Transportation State Highway Administration 707 N. Calvert Street Mailstop C-405 Baltimore, MD 21202 Phone: (410) 545-5547 E-mail: SHAAgreementsTeam@sha.state.md.us 6 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers on the day and year first above written. MARYLAND DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ADMINISTRATION By: (SEAL) WITNESS Gregory Slater Date Administrator APPROVED AS TO FORM AND RECOMMENDED FOR APPROVAL: LEGAL SUFFICIENCY: Assistant Attorney General Tim Smith, PE Deputy Administrator/Chief Engineer for Operations Jason A. Ridgway, PE Acting Deputy Administrator/Chief Engineer Planning, Engineering, Real Estate, and Environment William J. Bertrand Director Office of Finance 7  CITY OF HAGERSTOWN, MARYLAND a body corporate and politic BY: (Seal) WITNESS Robert E. Bruchey, II Mayor Date APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY Attorney 8  CITY OF HAGERSTOWN, MARYLAND A RESOLUTION AUTHORIZING THE ENTRY INTO A SALT UTILIZATION AGREEMENT WITH THE MARYLAND STATE HIGHWAY ADMINISTRATION FOR THE PURCHASE OF SALT DURING WINTER SNOW EMERGENCIES RECITALS WHEREAS, the City of Hagerstown is a Maryland Municipal Corporation which utilizes salt application on City roads during winter snow emergencies; and WHEREAS, the City may need to obtain additional salt during said winter snow emergencies; and WHEREAS, the State Highway Administration (“SHA”) has agreed to allow the City to obtain salt from SHA stockpiles during a winter snow event in accordance with the Salt Utilization Agreement (“Agreement”); and WHEREAS, the City agrees to reimburse the SHA for the cost of the salt, a delivery charge, and SHA overhead, if applicable; and WHEREAS, the term of the Agreement shall be for a period of three (3) years; and WHEREAS, the Mayor and Council of the City of Hagerstown find it to be in the best interests of the citizens of the City to enter into this Agreement with the SHA; NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hagerstown, Maryland, as its duly constituted legislative body as follows: 1. The aforegoing recitals be and are hereby incorporated herein by reference. 2. That the Mayor be and is hereby authorized to execute and deliver the Salt Utilization Agreement, a copy of which is attached hereto and incorporated herein by reference. 3. That the Mayor be and is hereby authorized to execute and deliver any further documentation that may be necessary to effectuate the purpose of this resolution. BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its approval. WITNESS AND ATTEST MAYOR AND COUNCIL OF THE AS TO CORPORATE SEAL CITY OF HAGERSTOWN, MARYLAND __________________________________ ____________________________________ Donna Spickler, City Clerk Robert E. Bruchey, II, Mayor Date of Introduction: N/A PREPARED BY: Date of Passage: October 24, 2017 SALVATORE & MORTON, LLC Effective Date: October 24, 2017 CITY ATTORNEYS  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Approval of Contract Extension with The Groundskeeper, Inc. Mayor and City Council Action Required: Approval of a Contract Extension with The Groundskeeper, Inc. Discussion: The original contract was approved on August 30, 2016 at an annual amount of $25,100. Financial Impact: The extension is for two (2) addi onal years at a price adjustment of 1% or $25,351.00 (Twenty Five Thousand Three Hundred Fi y One Dollars and No Cents) for each of the addi onal years. Recommendation: Approval of a Contract Extension with The Groundskeeper, Inc. Motion: I hereby move for Mayor and Council approval to extend the Landscape Bed and Ground Maintenance for Various Loca ons Citywide contract with The Groundskeeper, Inc. The extension is for two (2) addi onal years at a price adjustment of 1% or $25,351.00 (Twenty Five Thousand Three Hundred Fi y One Dollars and No Cents) for each of the addi onal years. The original contract was approved on August 30, 2016 at an annual amount of $25,100. All other terms of the contract will remain in force. Action Dates: DATE OF PASSAGE: October 24, 2017 ATTACHMENTS: File Name Description Motion Sheet for Contract Extension with Motion_Sheet_2017.2018_Extend_The_Groundskeeper_landscape_contract.pdf The Motion_Sheet_2017.2018_Extend_The_Groundskeeper_landscape_contract.pdf The Groundskeeper, Inc.  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND DATE: October 24, 2017 TOPIC: Approval of a Contract Extension with The Groundskeeper, Inc. Charter Amendment Code Amendment Ordinance Resolution  Other MOTION: I hereby move for Mayor and Council approval to extend the Landscape Bed and Ground Maintenance for Various Locations Citywide contract with The Groundskeeper, Inc. The extension is for two (2) additional years at a price adjustment of 1% or $25,351.00 (Twenty Five Thousand Three Hundred Fifty One Dollars and No Cents) for each of the additional years. The original contract was approved on August 30, 2016 at an annual amount of $25,100. All other terms of the contract will remain in force. DATE OF PASSAGE: October 24, 2017  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Approval of City Center Holiday Parking Program Mayor and City Council Action Required: Approval of City Center Holiday Parking Program Discussion: I hereby move for Mayor and Council to approve the City Center holiday parking program that allows for free parking a er 5:00 PM weekdays and all day Saturday and Sunday in the University District Parking Deck and Arts & Entertainment District Parking Deck beginning Monday November 27, 2017 through Monday January 1, 2018. Normal parking opera ons will resume on Tuesday January 2, 2018. Parking in the city center, central business district street and lot meters will con nue to be free a er 5:00 PM and all day Saturday and Sunday as it is normally throughout the year. Financial Impact: Fees of $2.00 for afterhours parking will not be collected. Recommendation: Approval of City Center Holiday Parking Program Motion: I hereby move for Mayor and Council to approve the City Center holiday parking program that allows for free parking a er 5:00 PM weekdays and all day Saturday and Sunday in the University District Parking Deck and Arts & Entertainment District Parking Deck beginning Monday November 27, 2017 through Monday January 1, 2018. Normal parking opera ons will resume on Tuesday January 2, 2018. Parking in the city center, central business district street and lot meters will con nue to be free a er 5:00 PM and all day Saturday and Sunday as it is normally throughout the year. Action Dates: Monday November 27, 2017 through Monday January 1, 2018. Normal parking opera ons will resume on Tuesday January 2, 2018. DATE OF PASSAGE: OCTOBER 24, 2017 ATTACHMENTS: File Name Description REQUIRED_MOTION_for_Holiday_Parking_2017.pdf Motion Sheet for City Center Holliday Parking Program  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND DATE: October 24, 2017 TOPIC: Approval of City Center Holiday Parking Program Charter Amendment Code Amendment Ordinance Resolution  Other MOTION: I hereby move for Mayor and Council to approve the City Center holiday parking program that allows for free parking after 5:00 PM weekdays and all day Saturday and Sunday in the University District Parking Deck and Arts & Entertainment District Parking Deck beginning Monday November 27, 2017 through Monday January 1, 2018. Normal parking operations will resume on Tuesday January 2, 2018. Parking in the city center, central business district street and lot meters will continue to be free after 5:00 PM and all day Saturday and Sunday as it is normally throughout the year. DATE OF PASSAGE: OCTOBER 24, 2017  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Approval of 2017-2018 After School Program at Robert W. Johnson Community Center - $ 17,940.00 Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates: ATTACHMENTS: File Name Description Motion_- _After_School_Program_at_Robert_W_Johnson_Community_Center.pdf Motion CONSENT_AGENDA_-_RWJCC.pdf Consent Agenda - RWJCC 2017-2018 PROPOSAL_-_RWJCC.pdf RWJCC Proposal  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Approval of Funding for Municipal Stadium Improvements for the 2018 Season Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates: ATTACHMENTS: File Name Description Approval of Funding for municipal_stadium_improvements.2017.pdf Municipal Stadium Improvements for the 2018 Season Stadium_Improvements_for_2018_Season.pdf Memo  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Approval of a Memorandum of Agreement with Maryland Historical Trust and Hager 5, LLC for the property at 43-53 West Washington Street Mayor and City Council Action Required: Staff seek Mayor & City Council approval to enter into a Memorandum of Agreement (MOA) with the Maryland Historical Trust and Hager 5, LLC for the property at 43-53 West Washington Street. Since the City acquired the property utilizing Federal and State funding, Hager 5, LLC’s proposed acquisition and demolition of 43-47 West Washington Street requires an MOA with the Maryland Historical Trust. Discussion: In April of 2013, the City acquired the property at 43-53 West Washington Street from Hagerstown Table Corporation. The City utilized $100,000 in State Community Legacy funds and $220,000 in CDBG funds to acquire the property for a purchase price of $320,000. Additional CDBG funds were used for select demolition and stabilization work on the rear of 43- 53 West Washington Street. In November of 2016, the Mayor & City Council approved a resolution authorizing the sale of the property to a private developer, Hager 5, LLC. The Hager 5, LLC development plan proposes full rehabilitation of the 51-53 West Washington Street building and demolition of 43-47 West Washington Street building. The plan also includes construction of a new building on the 43-47 West Washington Street parcel. Settlement is scheduled to occur on or before October 31, 2017. Maryland Historical Trust review of the Hager 5, LLC plan is required due to the Federal and State funding history with the property. Since the Hager 5, LLC plan involves demolition of a structure within the Downtown Historic District, all parties involved must enter into a “Memorandum of Agreement” to identify steps that will mitigate the loss of a historic structure. Similar to the recent MOAs for the UIP project, the MOA for 43-53 West Washington requires the City of Hagerstown to take the lead in coordinating the installation of interpretive elements (e.g. plaques, signage, or panels) to detail the history of the building being demolished. This would be done in concert with the interpretive elements for the Maryland Theatre project demolition and Washington County BOE/BISFA project demolition. The MOA requires the project developer to absorb the hard costs associated with the required interpretive elements. Staff will be available during the work session to answer any questions on the proposed Memorandum of Agreement. Financial Impact: Recommendation: Motion: Action Dates: ATTACHMENTS: File Name Description Motion_-_MOA_for_43-53_W_Washington_Street.pdf Motion, Resolution and MOA 101717_MCC_MOA_43_53.pdf Memo & MOA 43-53 W. Wash  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Termination of Contracts and Prohibiting Future Purchases with VanStandig Broadcasting Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates: ATTACHMENTS: File Name Description motion.terminate_contracts_with_VerStandig_Broadcasting.pdf Motion - Termination of Contracts  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Date: October 24, 2017 TOPIC: Termination of Contracts and Prohibit Future Purchases with VerStandig Broadcasting Charter Amendment Code Amendment Ordinance Resolution Other X MOTION: I hereby move for Mayor and Council action to authorize staff to terminate any and all existing contracts and prohibit any future purchases with VerStandig Broadcasting due to the actions of the radio station known as 101.5. DATE OF PASSAGE: 10/24/2017 EFFECTIVE DATE: 10/24/2017