Work Session

Mayor and Council Special Session (81st Voting Session) and Work Session December 5, 2023 Agenda "The City of Hagerstown will inspire an inclusive, business-friendly, and sustainable community with clean, safe, and vibrant neighborhoods." "The City of Hagerstown shall be a community focused municipality" The agenda and meeting packet is available at www.hagerstownmd.org/government/agenda "Be a guiding light, a safe harbour, a beacon of hope, and a solid foundation for those around you." Jennifer Gayle 4:00 PM SPECIAL SESSION 4:00 PM 1. Approval of a Resolution: Capital Grant Agreement for Field House - Michelle Hepburn, Chief Financial Officer 4:00 PM WORK SESSION 4:05 PM 1. Maryland Theatre Krumpe's Do-Nut Drop Sponsorship - Jessica Green, Executive Director of the Maryland Theatre 4:15 PM 2. Water and Sewer Infrastructure Follow-Up - Nancy Hausrath, Director of Utilities 4:35 PM 3. Proposed Amendment to Water & Wastewater Policy- Kathleen Maher, Director of Planning and Code Administration 4:55 PM 4. Update of County Hazard Mitigation Plan- Kathleen Maher, Director of Planning and Code Administration 5:10 PM 5. FY24 Axon Respond Plus - Chief Paul Kifer CITY ADMINISTRATOR'S COMMENTS MAYOR AND COUNCIL COMMENTS ADJOURN  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Approval of a Resolution: Capital Grant Agreement for Field House - Michelle Hepburn, Chief Financial Officer Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates: ATTACHMENTS: File Name Description Motion.resolution.Captial_Projects_Grant_-_Field_House_- Motion: Capital Projects _December__2023.pdf Grant Field House Resolution_- Resolution: Field House _Capital_Projects_Grant_Agreement_Field_House_FY24.pdf Field_House_Grant_Agreement_-_2024.pdf Agreement: Field House  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Date: December 5, 2023 TOPIC: Approval of a Resolution: Approving a Capital Projects Grant Agreement for the Hagerstown Field House Charter Amendment _____ Code Amendment _____ Ordinance _____ Resolution X Other _____ MOTION: I hereby move for Mayor and Council approval of a resolution to approve a Capital Projects Grant Agreement with the State of Maryland Board of Public Works for up to $ 3,000,000 in grant funds for the Hagerstown Field House. DATE OF PASSAGE: 12/05/2023  CITY OF HAGERSTOWN, MARYLAND A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A CAPITAL PROJECTS GRANT AGREEMENT WITH THE STATE OF MARYLAND BY AND THROUGH THE BOARD OF PUBLIC WORKS REGARDING THE HAGERSTOWN FIELD HOUSE PROJECT RECITALS WHEREAS, the City of Hagerstown (“City”) is a Maryland Municipal Corporation existing under and by virtue of the laws of the State of Maryland; WHEREAS, the City seeks to plan, design, construct, and capitally equip a field house (“the Field House Project”). WHEREAS, the City has sought and secured up to $3,000,000 in funding from the State of Maryland (“the Grant Funding”), by and through its Board of Public Works (“the State”), to fund a portion of the cost of the Field House Project. The Grant Funding shall be used for the purposes of acquisition, planning, design, construction, repair, renovation, reconstruction, site improvement, and capital equipping of the Field House Project; WHEREAS, the State requires that the City sign a Capital Projects Grant Agreement, whereby the Grant Funding shall be disbursed to the City; WHEREAS, as a condition of the receipt of the $3,000,000 in funding, the City may be required to repay some or all of the Grant Funding in the unlikely event of breach of the Capital Projects Grant Agreement; WHEREAS, the State funding is crucial to the completion of the Field House Project; WHEREAS, the Mayor and City Council find it to be in the best interest of the citizens of the City to enter into this Capital Projects Grant Agreement with the State. 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. That 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 Capital Projects Grant Agreement with the State of Maryland by and through the Board of Public Works, a copy of which is attached hereto and incorporated herein by reference. 3. That the Mayor and City Staff, be and hereby are authorized to execute and deliver any further documentation that may be necessary to effectuate the purpose of this Resolution. BE IT FURTHER RESOLVED, by the Mayor and Council for Hagerstown, Maryland that this Resolution shall become effective immediately upon its passage. WITNESS AND ATTEST MAYOR AND COUNCIL OF THE CITY AS TO CORPORATE SEAL OF HAGERSTOWN, MARYLAND ______________________________ By:__________________________ Donna K. Spickler, City Clerk Tekesha Martinez, Mayor Date of Introduction: December 5, 2023 Date of Passage: December 5, 2023 PREPARED BY: Effective Date: December 5, 2023 SALVATORE & MORTON, LLC CITY ATTORNEYS 1  State of Maryland CAPITAL PROJECTS GRANT GREEMENT This Agreement ("Agreement") is entered into this _ day of , 20__, by and between the State of Maryland ("State"), acting through the Board of Public Works (BPW), and Mayor and City Council of the City of Hagerstown ("Grantee"), whose federal taxpayer identification number is 52-6000794. Recitals A. Grantee has requested grant assistance from the State and has completed the Capital Projects Grant Application. B. The General Assembly has authorized this Grant titled Hagerstown Field House, provided that Grantee expends the money only for the purposes outlined below. Therefore, the State and Grantee agree as follows: 1. Purpose. Grantee may use grant funds for the following purpose only ("Project"): For the acquisition, planning, design, construction, repair, renovation, reconstruction, site improvement, and capital equipping of the Hagerstown Field House (Washington County) (See Enabling Act: DGS Item 23-195 Chapter 102 of the Laws of Maryland 2023 which is incorporated herein by reference.) 2. Grant. After the BPW approves this Agreement, the State shall periodically provide grant funds ("Grant") to, or on behalf of, Grantee not to exceed: Three Million Dollars and No Cents ($3,000,000.00). 3. Termination or Reduction of Authorization. The BPW, in its sole discretion, may reduce or terminate the authorization to provide the Grant in the event: (a) Grantee fails to provide evidence of the required matching fund by 06/01/2025 or (b) no part of the Project is under contract by 06/01/2030 or (c) the Project is abandoned. The Enabling Act's authorization automatically terminates for any grant funds that are unexpended or unencumbered by 06/01/2030. 4. Matching Fund. If the Enabling Act requires, Grantee must provide and expend a matching fund. Failure to prove any required matching fund may affect the authorization pursuant to Paragraph 3 of this Agreement. 5. Disbursement of Grant. Subject to the availability of funds, the BPW may periodically authorize payment to, or on behalf of, Grantee funds in an amount not to exceed the Grant amount. 1 6. Limitations on Use. The BPW or its designee may, in its sole discretion, disapprove requests for disbursement or expenditure of Grant funds that are not consistent with or are not specifically related to the Project purpose or this Agreement generally. 7. Term. This Agreement terminates if the BPW terminates the grant authorization under Paragraph 3 without issuing bonds. Otherwise, this Agreement is in effect so long as any State general obligation bonds issued, sold, and delivered to provide funds for this Grant, remain outstanding, or for such longer period as the parties may agree. 8. Payment Procedure. Payment procedures contained in the most recent edition of Maryland Capital Grants Projects: Information for State of Maryland Capital Grant Recipients [http://dgs.maryland.gov /Pages/Grants/index .aspxJ are incorporated herein by reference. The State shall make payment to, or on behalf of, Grantee in accordance with those procedures and any other terms and conditions as the BPW, in its sole discretion, may impose. 9. Reports: (a) Section 7-402 of the State Finance and Procurement Article, Annotated Code of Maryland, requires Grantee to submit a verified report that fully and accurately accounts for appropriate Grant expenditures. Requests for payment made in accordance with Paragraph 8 of this Agreement are deemed to comply with Section 7-402. (b) Grantee shall submit other reports or information as the State may periodically require, including project status reports and certified audit reports. 10. Communications. Communications must be addressed as follows: To the State: Office of the Comptroller Department of General Services Capital Grants Program Administrator Capital Grants Program Manager 80 Calvert Street, Room 215 301 W. Preston Street, Room 703 Annapolis, Maryland 21404-0466 Baltimore, Maryland 21201 2  To the Grantee: City Administrator 1 East Franklin Street Hagerstown, MD 21740 11. Default. A default is Grantee's breach of any of the covenants, agreements, or certifications contained in this Agreement. 12. Remedies Upon Default. (a) Upon the occurrence of any default, the State, as the BPW in its sole discretion determines, may do one or more of the following: (i) Require Grantee to repay the Grant, in whole or in part. (ii) Recoup the amount of the Grant already paid from funds due the Grantee from any other current or future State grant or loan or any other funds, otherwise due and owing Grantee. (iii) Withhold further payments under this Agreement. (iv) Terminate this Agreement. (b) In addition to the rights and remedies contained in this agreement, the State may at any time proceed to protect and enforce all rights available to it. All rights and remedies survive the termination of this Agreement. 13. Disposition of Property. Grantee may not sell, lease, exchange, give away, or otherwise transfer or dispose of any interest in real or personal property acquired or improved with Grant funds ("Grant-Funded Property") unless the BPW gives prior written consent. This includes transfer or disposition to a successor or the merger, dissolution, or other termination of the existence of Grantee. Grantee shall give the BPW written notice at least 60 days before any proposed transfer or disposition. When consenting to a transfer or disposition, the Board of Public Works may in its sole discretion require the grantee to repay a percentage of the proceeds that are allocable to the grant. 14. Inspection and Retention of Records. Grantee shall permit any duly authorized representative of the State to inspect and audit all records and documents of Grantee relating to this Grant. Grantee shall retain such records for at least three years after this Agreement terminates. 15. Insurance. (a) For any item of Grant-Funded Property that has an original fair market value of $5,000 or more, Grantee shall, at its own expense and for the reasonable useful life of that item, obtain and maintain all risk of fire and extended coverage insurance or such similar insurance coverage as may be appropriate for the full value of the item or in amounts as may be commercially reasonable under the circumstances. Grantee's insurer must be authorized to issue the 3  policy in the State. Each such policy shall by its terms: (i) Name the State as an additional loss payee thereunder. Name: The State of Maryland Address: Department of General Services Capital Grants 301 W. Preston Street, Suite 703 Baltimore, MD 21201 (ii) Be considered primary and non-contributory with respect to any other insurance, if any, provided by the State. (iii) Be cancelable only on at least 30 days written notice to Grantee and to the BPW. (b) On request, Grantee shall, provide the BPW or its designee with satisfactory evidence of insurance. (c) Proceeds of insurance required by this Paragraph may be applied as the BPW, in its sole discretion, shall determine toward replacement of Grant-Funded Property or toward repayment of the Grant to the State. (d) The BPW or its designee in its sole discretion may determine that Grantee may self-insure Grant-Funded Property if Grantee has adequate financial resources. 16. Indemnification. To the extent permitted by law (including Courts and Judicial Proceedings Article, §5-301 et seq. the Local Government Tort Claims Act; and Courts and Judicial Proceedings Article, §5-509; Annotated Code of Maryland, as amended from time to time), and subject to the availability of appropriations, Grantee is responsible for, and shall defend, indemnify, and hold harmless the State, its officers, agents, and employees, whether or not the State be deemed contributorily negligent, from all suits, actions, liability, or claims of liability (including reasonable attorneys' fees) arising out of: (a) The Project, including its construction. (b) Grantee's use, occupancy, conduct, operation, or management of the Project. (c) Any negligent, intentionally tortious, or other act or omission of Grantee or any of its agents, contractors, servants, employees, subtenants, licensees, or invitees in connection with the Project. (d) Any injury to or death of any person or damage to any property occurring in, on, or as a direct or indirect result of the Project or any of Grantee's activities in connection therewith. 17. Registration. Grantee is a (charitable_) (religious _) organization registered with the Maryland Secretary of State in accordance with the Annotated Code of Maryland [Business Regulation Article or Corporations and Association Article]; is in good standing; and has filed all of its required reports with the Maryland Secretary of State. NOT APPLICABLE: Grantee is a municipal corporation duly formed and existing under the laws of the State of Maryland. 4 18. Commercial and Employment Nondiscrimination. Grantee shall: (a) Not discriminate in the selection, hiring, or treatment of any employee, employment applicant, vendor, supplier, subcontractor, or commercial customer on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, or on the basis of disability or any other unlawful use of characteristics unrelated to performance. (b) Include a clause similar to sub-paragraph (a) in any contract under this Grant. (c) Post, and cause contractors to post, in conspicuous places notices setting forth the nondiscrimination policy. 19. Drug and Alcohol Policy. Grantee certifies that it shall make a good faith effort to eliminate illegal drug use and alcohol and drug abuse from its workplace. Specifically, Grantee shall: (a) Prohibit the unlawful manufacture, distribution, dispensation, possession, or use of drugs in its workplace. (b) Prohibit its employees from working under the influence of alcohol or drugs. (c) Not hire or assign to work on an activity funded in whole or part with State funds, anyone whom it knows, or in the exercise of due diligence should know, currently abuses alcohol or drugs and is not actively engaged in a bona fide rehabilitation program. (d) Promptly inform the appropriate law enforcement agency of every drug-related crime that occurs in its workplace if it or its employee has observed the violation or otherwise has reliable information that a violation has occurred. (e) Notify employees that drugs and alcohol abuse are banned in the workplace, impose sanctions on employees who abuse drugs and alcohol in the workplace, and institute steps to maintain a drug-free and alcohol-free workplace. 20. Compliance with Applicable Law. Grantee hereby represents and warrants that it: (a) Is qualified to do business in the State of Maryland and that it will take such action as, from time to time hereafter, may be necessary to remain so qualified; (b) Is not in arrears with respect to the payment of any monies due and owing the State of Maryland, or any department or unit thereof, including but not limited to the payment of taxes and employee benefits, and that it shall not become so in arrears during the Grant term; (c) Shall comply with all federal, State, and local laws, regulations, and ordinances applicable to its activities and obligations under this Grant. (d) Shall obtain, at its expense, all licenses, permits, insurance, and governmental approvals, if any, necessary to the performance of its 5  obligations under this Grant. 21. Non-Debarment. Neither Grantee nor any of its officers, directors, or any of its employees directly involved in obtaining or performing grants or contracts with public bodies has: (a) Been convicted of bribery, attempted bribery, or conspiracy to bribe in violation of any state or federal law. (b) Been convicted under any state or federal statute of any offense enumerated in Section 16-203 of the State Finance and Procurement Article, Annotated Code of Maryland. (c) Been found civilly liable under any state or federal antitrust statute as provided in Section 16-203 of the State Finance and Procurement Article, Annotated Code of Maryland. 22. Non-Collusion. Neither Grantee nor any of its officers, directors, or any of its employees directly involved in obtaining or performing grants or contracts with public bodies has: (a) Agreed, conspired, connived, or colluded to produce a deceptive show of competition in obtaining or performing this Grant. (b) In any manner, directly or indirectly, entered into any agreement of any kind to fix the bid price or price proposal of any bidder or offeror or of any competitor, or otherwise taken any action in restraint of free competitive bidding in connection with this Grant. 23. Financial Disclosure. Grantee is aware of, and will comply with, Section 13-221 of the State Finance and Procurement Article, Annotated Code of Maryland, which requires that every business that enters into contracts, leases, or other agreements with the State or its agencies during a calendar year under which the business is to receive in the aggregate $200,000 or more shall, within 30 days of the time when the aggregate value of the contracts, leases or other agreements reaches $200,000, file with the Maryland Secretary of State certain specified information to include disclosure of beneficial ownership of the business. 24. Political Contributions. Grantee is aware of, and will comply with, Election Law Article, Title 14, Annotated Code of Maryland, which requires that every person that enters into contracts, leases, or other agreements with the State, including its agencies or a political subdivision of the State, during a calendar year in which the person receives in the aggregate $200,000 or more shall file with the State Board of Elections a statement disclosing contributions in excess of $500 made during the reporting period to a candidate for elective office in any primary or general election. 25. No Contingent Fees. Grantee has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee or agent working for Grantee, to solicit or secure the Grant. Grantee has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee or agent, any fee or any other consideration contingent on the making of the Grant. 26. No Lobbying Fees. In accordance with Section 7-221 of the State Finance 6  and Procurement Article, Annotated Code of Maryland, Grantee certifies that no State money has been paid or promised to any legislative agent, lawyer, or lobbyist for any service to obtain the legislation establishing or appropriating funds for the Grant. 27. Non-hiring of State Employees. No State employee whose duties as such employee include matters relating to or affecting the subject matter of this Grant, shall, while so employed, become or be an employee of Grantee. 28. Amendment. The Agreement may be amended only in a writing signed by the parties. 29. Assignment. Grantee may not assign this Agreement without the prior written approval of the BPW. If the BPW approves an assignment, this Agreement shall bind Grantee's successors and assigns. 30. Entire Agreement. This Agreement represents the complete and final understanding of the parties. No other understanding or representations, oral or written, regarding the subject matter of this Agreement, shall be deemed to exist or to bind the parties at the time the parties sign the Agreement. 31. Maryland Law. Maryland laws govern the interpretation and enforcement of this Agreement. By their signatures, the parties so agree: WITNESS: GRANTEE: By: _(SEAL) Name: Title: Mayor STATE OF MARYLAND BOARD OF PUBLIC WORKS By: Approved as to form and legal John Gontrum sufficiency this __________ day of Executive Secretary __________________, 20____. Assistant Attorney General Department of General Services BPW APPROVAL: DGS ITEM_____-CGL (_______/_______/20______) CAPITAL PROJECTS GRANT AGREEMENT Standard Form 7  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Maryland Theatre Krumpe's Do-Nut Drop Sponsorship - Jessica Green, Executive Director of the Maryland Theatre Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates:  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Water and Sewer Infrastructure Follow-Up - Nancy Hausrath, Director of Utilities Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates:  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Proposed Amendment to Water & Wastewater Policy- Kathleen Maher, Director of Planning and Code Administration Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates: ATTACHMENTS: File Name Description M_CC_Packet_2023_Amendment_to_W_W_Policy_11_30_2023.pdf Amendment Policy to W&W  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Update of County Hazard Mitigation Plan- Kathleen Maher, Director of Planning and Code Administration Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates: ATTACHMENTS: File Name Description MCC_Packet_2023_County_Haz_Mit_Plan_11_30_2023.pdf Update of County Hazard Mitigation Plan  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: FY24 Axon Respond Plus - Chief Paul Kifer Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates: ATTACHMENTS: File Name Description Axon_Respond_Plus.pdf Memo- Axon Respond Plus