july 10 2012 complete agenda

7/31/2019 July 10 2012 Complete Agenda

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AGENDAMAYOR 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 andPersonnel Matters

1. Report on Closed Session Tuesday, July 10, 2012 11:30 a.m. Legal, Contractual andPersonnel Matters

2. Bid Openings A. Two Side-Load Automated Refuse TrucksB. One Front-Load Refuse Collection Truck C. One Roll-Off Cab and ChassisD. Maintenance of Water Based Fire Protection Systems

3. Tourism Advisory Board Update and Request to Approve Memorandum of UnderstandingPresented by: Melanie Pursel, Chair

4. Update from Tourism DepartmentPresented by: Donna Abbott, Tourism and Marketing Director

5. Update on Scooter and Outdoor Display Regulation EnforcementPresented by: Blaine Smith, Zoning Administrator

6. Request for Sole Source Purchase of a Zoll AutoPulse SystemPresented by: Fire Chief Chris Larmore

7. Fire/EMS Quarterly ReportPresented by: Chief Chris Larmore

8. Charter Amendment Resolution 2012-02 to Amend C-404 Entitled Meetings of Mayor andCouncil (changes the organizational meeting date to the Thursday in November immediatelyfollowing the election)Presented by: Guy Ayres, City Solicitor

9. Resolution 2012-08 Designating Countersigners for Municipal Checks (authorizing MarthaBennett and Roger Baskerville as countersigners)Presented by: Guy Ayres, City Solicitor


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WORK SESSION -MAYOR AND CITY COUNCILTUESDAY, JULY 10, 2012

1 Report on Closed Session - Tuesday, July 10, 201211:30 a.m. 1:00 p.m. Legal, Contractual and PersonnelMatters


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

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

DATE AND TIME: Tuesday, July 10, 2012 11:30 a.m.PLACE:SUBJECT: Legal, Contractual and Personnel MattersVOTE: UNANIMOUS

OTHER: FOR:AGAINST:ABSTAIN:ABSENTfor Vote:

PURPOSES:

X

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 isnot related to public business

3. To consider the acquisition of real property for the public purpose and mattersdirectly related thereto;

4. Consider a matter that concerns the proposal for a business or industrialorganization to locate, expand or locate in the state;

5. Consider the investment of public funds;6. Consider the marketing of public securities;

X 7. Consult with counsel to obtain legal advice;8. Consult with staff, consultants or other individuals about pending or potentiallitigations;

9. Conduct collective bargaining negotiations or consider matters that relate to thenegotiations;

10. Discuss public security if the public body determines that public discussionwould constitute a risk to the public or public security, including;a) the deployment of fire and police services and staff; andb) 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 ormatter; or

X

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


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REPORT OF CLOSED SESSIONOF 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 MeehanCity Manager David RecorCouncil President Jim Hall,Council Secretary Lloyd MartinCouncil Members Doug Cymek; Joe Hall, Mary Knight, Margaret Pillas and

Brent AshleyCity Solicitor Guy AyresPublic Works Director Hal AdkinsInternal Auditor Susan ChildsExecutive Office Associate Diana Chavis

Action(s) taken:

Motion to close meeting: Brent Ashley 2 nd: Margaret Pillas Unanimous

H:\Wpdoc\closedsess.wpd


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2 Bid Opening

A. Two Side-Load Automated Refuse Trucks


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BID SPREAD SHEETTWO (2) AUTOMATED SIDE LOADING REFUSE COLLECTION VEHICLE

VENDOR TRUCK BODYONLY CAB/CHASSISONLY COMBINEDUNITAutocar Truck 551 S. Washington St.Hagerstown, IN 47346Todd [email protected] 765-439-0162Barr International, Inc.2407 N. Salisbury Blvd.Salisbury, MD 21801

Wayne [email protected] EquipmentPOB 310Cloverdale, VA 24077Mike [email protected] Equipment Co., Inc.Elliott/Wilson Trucks327 N. Aurora Street

Easton, MD 21601Fred [email protected] EquipmentPO Box 873393 Mars Valencia RoadMars, PA 16046Wayne [email protected]

GranTurk Equipment Co., Inc.One Schuylkill ParkwayBuilding BBridgeport, PA 19405Joel [email protected] or 410-837-5570


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VENDOR TRUCK BODY

ONLYCAB/CHASSIS

ONLYCOMBINEDUNIT

Harvey Mack Sales30299 Foskey LaneDelmar, MD 21875

Robert [email protected], Inc.P. O. Box 548Bel Air, MD 21014Glenn [email protected]. O. Box 219

941 Hemlock RoadMorgantown, PA 19543mcneilusco.com610-286-0400Maryland Industrial Trucks1330 W. Nursery RoadLinthicum, MD 21090Mike [email protected] Waste Systems

10641 Cordova RoadEaston, MD 21601Jack Mason

[email protected] Ext. 3003Rantoul Truck Center LLCRantoul, IL 61866Greg [email protected] Mack, Inc.

310 Bulldog DriveChesapeake, VA 23320Richard H. [email protected] Truck Sales, LLC8620 Quarry RoadManassas, VA 20110Barry [email protected] 800-361-7305


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VENDOR TRUCK BODY

ONLYCAB/CHASSIS

ONLYCOMBINEDUNIT

Waste Equipment Sales & ServiceLLC3300A Transway Road

Halethorpe, MD 21227Mike Adcock/Tim [email protected] 443-324-2965410-479-8350

BID BOND: YES_____________ NO______X_________


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OFFICE OF THE CITY MANAGERP. O. BOX 158OCEAN 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 bidand contract.

In order to be considered, no deviation or modification from the attached specification will beallowed. 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 lowbidder.

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 10 th, 2012. All bids must be received by this timeas postmarks will not be considered. Faxed bids are not allowed and will not be considered a validproposal.

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 10 th, 2012 at 1:00 P.M. at City Hall, 301 Baltimore Avenue, CouncilChambers, Ocean City, Maryland. Following staff review and Council approval all bidders will benotified of the final results.

The undersigned understands that the Mayor and City Council of Ocean City, Maryland has theright to reject any and all bids for any reason.

DATE:_________________________ SIGNED:_______________________

TITLE: ________________________


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BID FORMPAGE TWORE: 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:


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


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 ANAUTHORIZED AGENT FOR THIS PROPOSAL TO BE CONSIDERED VALID BY THEMAYOR AND CITY COUNCIL OF OCEAN CITY, MARYLAND. BIDDER NEED NOT BIDON ALL ITEMS.


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2 Bid Opening

B. One Front-Load Refuse Collection Truck


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BID SPREAD SHEETONE (1) FRONT LOADING REFUSE COLLECTION VEHICLE

VENDOR TRUCK BODYONLY

CAB/CHASSISONLY

COMBINEDUNIT

Autocar Truck 551 S. Washington St.Hagerstown, IN 47346Todd [email protected] 765-439-0162Barr International, Inc.2407 N. Salisbury Blvd.Salisbury, MD 21801

Wayne [email protected] EquipmentPOB 310Cloverdale, VA 24077Mike [email protected] Equipment Co., Inc.Elliott/Wilson Trucks327 N. Aurora Street

Easton, MD 21601Fred [email protected] EquipmentPO Box 873393 Mars Valencia RoadMars, PA 16046Wayne [email protected]

GranTurk Equipment Co., Inc.One Schuylkill ParkwayBuilding BBridgeport, PA 19405Joel [email protected] or 410-837-5570


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VENDOR TRUCK BODY

ONLYCAB/CHASSIS

ONLYCOMBINEDUNIT

Harvey Mack Sales30299 Foskey LaneDelmar, MD 21875

Robert [email protected], Inc.P. O. Box 548Bel Air, MD 21014Glenn [email protected]. O. Box 219

941 Hemlock RoadMorgantown, PA 19543mcneilusco.com610-286-0400Maryland Industrial Trucks1330 W. Nursery RoadLinthicum, MD 21090Mike [email protected] Waste Systems

10641 Cordova RoadEaston, MD 21601Jack Mason

[email protected] Ext. 3003Rantoul Truck Center LLCRantoul, IL 61866Greg [email protected] Mack, Inc.

310 Bulldog DriveChesapeake, VA 23320Richard H. [email protected] Truck Sales, LLC8620 Quarry RoadManassas, VA 20110Barry [email protected] 800-361-7305


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VENDOR TRUCK BODY

ONLYCAB/CHASSIS

ONLYCOMBINEDUNIT

Waste Equipment Sales & ServiceLLC3300A Transway Road

Halethorpe, MD 21227Mike Adcock/Tim [email protected] 443-324-2965410-479-8350

BID BOND: YES_____________ NO______X__________


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TOWN OF OCEAN CITYOFFICE OF THE CITY MANAGERP. O. BOX 158OCEAN 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 thebid and contract.

In order to be considered, no deviation or modification from the attached specification will beallowed. 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 bidline item specification. All bids will be reviewed for their own merit to determine the successfullow 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 thistime as postmarks will not be considered. Faxed bids are not allowed and will not be considereda valid proposal.

Mailed bids should be addressed to the City Managers Office, 301 Baltimore Avenue, OceanCity, 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, CouncilChambers, Ocean City, Maryland. Following staff review and Council approval all bidders willbe notified of the final results.

The undersigned understands that the Mayor and City Council of Ocean City, Maryland has theright to reject any and all bids for any reason.

DATE:_________________________ SIGNED:_______________________

TITLE: _______________________

COMPANY:____________________


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PAGE TWORE: 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 BODYDEALER 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 ORAN AUTHORIZED AGENT FOR THIS PROPOSAL TO BE CONSIDERED VALID BY THEMAYOR AND CITY COUNCIL OF OCEAN CITY, MARYLAND. BIDDER NEED NOT BIDON ALL ITEMS.


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2 Bid Opening

C. One Roll-Off Cab and Chassis


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BID SPREAD SHEET

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

VENDOR TRUCKBODY ONLY

CAB/CHASSIS ONLY COMBINED UNIT

Barr International, Inc2407 N. Salisbury BlvdSalisbury, Md. 21801Wayne Hoke410-546-1122Elliott Equipment Co.,Inc.Elliott/Wilson Trucks327 N. Aurora StreetEaston, Md. 21601Fred Wilson [email protected] 410-822-0066GranTurk Equipment Co., Inc.One Schuylkill ParkwayBuilding BBridgeport, Pa. 19405Joel [email protected] 610-239-9800 or 410-837-5570Harvey Mack Sales30299 Foskey LaneDelmar, Md. 21875Robert [email protected] 410-896-3562Ingolds, IncP.O. Box 548Bel Air, Md. 21014Glenn [email protected]. Box 219941 Hemlock RoadMorgantown, Pa. 19543Todd [email protected] 610-286-0400Mid-Atlantic Waste Systems10641 Cordova RdEaston, Md. 21601Jack Mason [email protected] 410-820-7188 Ext. 1003


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VENDOR TRUCKBODY ONLY

CAB/CHASSIS ONLY COMBINED UNIT

Tidewater Mack, Ind310 Bulldog DriveChesapeake, Va. 23320Richard H. Doub800-359-6225Toms Truck Sales, LLC8620 Quarry RoadManassas, Va. 20110Barry Hummel 703-798-6167Cell: 800-361-7305Waste Equipment Sales & Service,LLC3300 A Transway RoadHalethorpe, Md. [email protected] Mike Adcock 443-324-2965Maryland Industrial Trucks1330 W. Nursery RoadLinthicum, Md. 21090Mike Moylan443-386-2219Golden Equipment Co., Inc.P.O. Box 873393 Mars Valencia RoadMars, Pa. 16046724-625-3100fax: 724-625-3744Wayne Titan

BID BOND: YES____________ NO_____________X__________


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TOWN OF OCEAN CITY

OFFICE OF THE CITY MANAGERP. O. BOX 158OCEAN 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 andcontract.

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 lineitem specification. All bids will be reviewed for their own merit to determine the successful lowbidder.

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 10 th, 2012. All bids must be received by this time aspostmarks will not be considered. Faxed bids are not allowed and will not be considered a validproposal.

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 hoistcab & chassis

The bids will be opened and read aloud by the Mayor and City Council at their regular Work SessionTuesday, July 10 th, 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 rightto reject any and all bids for any reason.

DATE:___________________________ SIGNED:__________________________

TITLE:____________________________


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PAGE TWORE: 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 ANAUTHORIZED AGENT FOR THIS PROPOSAL TO BE CONSIDERED VAID BY THE MAYORAND CITY COUNCIL OF OCEAN CITY, MARYLAND. BIDDER NEED NOT BID ON ALLITEMS.


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2 Bid Opening

D. Maintenance of Water Based Fire Protection Systems


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MAINTENANCE OF WATER-BASED FIRE PROTECTION SYSTEMS

BID SPREADSHEET

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

Advanced Fire Protection Systems508 McCormick Dr Suite H

Glen Burnie, MD 21061

ARK Systems12636 Sunset Avenue, Suite J-2

Ocean City, MD 21842

Chesapeake Protection Services1913 - A Beston CourtOdenton, MD 21113

CMP Fire LLC1820 Otts Chapel Road

Newark, DE 19702

Eastern Fire Protection Services

2135 Espey Ct., Suite 6Crofton, MD 21114

Fire & Life Safety America7526 Connelly Drive, Suite L

Hanover, MD 21076

Fire Protection Industries, Inc301 Ruthar Drive, Suite B

Newark, DE 19711

Judd Fire Protection, LLC1100 Business Pkwy S. #3Westminster, MD 21157

MulticorpP.O. Box 361

Westminster, MD 21158

Surefire Protection924 Eastern Shore Drive

Salisbury, Maryland 21804

Tidewater Utilities1100 South Little Creek Rd

Dover, DE 19901

Page 1 of 1


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plainly marked on the outside as BID FOR: and the envelope should bear on the outside the name of the


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described in these Contract Documents for three (3) years. Refer to Exhibit A for all


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3 Tourism Advisory Board Update and Request to ApproveMemorandum of UnderstandingPresented by: Melanie Pursel, Chair


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1

Diana Chavis

From: Melanie Pursel [[email protected]]Sent: Tuesday, July 03, 2012 4:50 PMTo: Diana ChavisCc: [email protected]: Memorandum of Understanding.docxAttachments: Memorandum of Understanding.docx

Hi Diana,

Please see the attached MOU, final draft. The only item that will need to be included is the date. TAB will also be giving a brief update as well as announce our new Chair and Co Chair.

Thank you so much and please let me know if you have any questions at all.

Sincerely,

Melanie


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Memorandum of Understanding

Between the Tourism Advisory Board (TAB) and the Mayor and City Councilof Ocean City, Maryland

THIS MEMORANDUM OF UNDERSTANDING is being entered into by and betweenthe Mayor and City Council of Ocean City (hereinafter referred to as the Town) andTourism Advisory Board (hereinafter referred to as TAB) and is effective _______,upon execution by both parties. This Memorandum of Understanding shall hereinafterbe referred to as MOU.

Purpose:

The purpose of this MOU is to illustrate the responsibilities of both parties with regard tothe destination marketing funds advised by TAB

Responsibilities:

The Tourism Advisory Board shall:

Identify, review and recommend events, promotional items and marketingopportunities to increase tourism.

o Recommendations shall be for future and/or existing events and/orpromotions 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 andrecommending expenditures to the Town. This includes the requirement for eachapplicant 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 toensure 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 theTown.

Attend work sessions monthly to keep the Town abreast of the progress ofvarious approved events and/or projects.


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Will seek active members of TAB from a variety of tourism-related industries,including hotel, motel, retail, restaurant, condo, amusement and potentially acitizen, based on TAB approval. In addition to industry, TAB will review potentialmembers on a variety of factors. TAB will approve members and officers and willpresent the slate to Town. Town department heads will be requested to attend asneeded.

The Town shall:

Provide annual funding annually in the amount of $300,000 to invest in new orexisting events, and/or marketing opportunities, and/or promotions that generatevisitation, extended stays and value added experiences for existing visitors. Thiswould be a 2 year commitment- reviewed every 2 years, subject to budgetappropriations.

Projects are limited to 1 year with an option to renew for a second year. Thisapplies 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 followingpurchasing requirements.

Ensure that all purchase orders will be obtained by the Town and paymentsissued 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 anycollateral materials where appropriate.

Tourism Advisory Board

By __________________

Melanie Pursel, Chair

Mayor and City Council

By__________________

David Recor, City Manager


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4 Update from Tourism DepartmentPresented by: Donna Abbott, Tourism and MarketingDirector


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MEMO

TO: City Manager David Recor FR: Donna Abbott, Tourism and Marketing Director DT: July 2, 2012 RE: Tourism Update

I am pleased to present the attached recap of our tourism marketing campaign for the months of May and June. Our Summer of Thanks campaign is in full swing. Our new Rodney tv spots have been airing in our key feeder markets since late April. The attached report provides an update on all of our marketing efforts in May and June.

I would also like to update the Mayor and Council on the Central Reservations System proposal A memo was sent to the Mayor and Council on May 14 following a meeting of a focus group of hotel owners and vacation rental representatives. On May 10, Mayor and then Acting City Manager Rick Meehan and I met with a focus group of hoteliers and vacation rental operators to hear their thoughts about establishing a central reservations system on ococean.com. In attendance were Susan Holt and Chris Mitchell, Coldwell Banker Vacation Rentals; G. Hale Harrison, The Harrison Group; Jon Tremellen, Princess Royale and Princess Royale Bayside; Malcolm Vankirk, Sea Bay Inn and Susan Jones, Ocean City Hotel Motel Restaurant Association.

The focus group reached consensus on the following:

1) The focus group feels this is an important decision and that we should take the time to do it right. Further study and discussions about central reservations systems should occur. An RFP process to select a vendor should be considered if the decision is made to

have a central reservations system.

2) Part of the study should include a visitor survey on ococean.com to determine what visitors are looking for in reservations functionality. (The visitor survey is currently in design and should be functional by July 23. Data will be collected through August 18, analyzed and reported back to Ocean City by the agency in September.)

3) A redesign of the accommodations page by MGH should occur now. (Attached are screen shots of the previous page and the redesigned accommodations page.)

4) Inclusion of the RezEz service on the Tourism Departments Facebook page would not be fair to vacation/condo rental operators who cannot participate in this system, and therefore should not be approved to proceed.

I have also attached a position recently received from HMRA.


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OC Tourism Campaign ReportMay/June 2012


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Integrated Media Approach

Target Adults 25-49, HHI $50k+

Coverage in all five markets Baltimore, Washington, DC, HLLY, Philadelphia, NY/N

11 weeks of TV/Cable (April 2 June 24) Spots run during highest viewership (7-9 a.m.; 5 p.m.-1 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, NJTurnpike

38 boards 84,261,000 impressions


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Integrated Media Approach

9 Weeks of Online (April 23rd June 24) Display Banners

3,644,989 impressions 13,365 clicks CTR: 0.37%*

Mobile Banners 28,707,456 impressions 137,550 clicks CTR: 0.48%* 938 App downloads (via Millennial Media)

Search (SEM) 620,871 impressions 12,928 clicks

CTR: 2.08%*

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


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ococean.com & Mobile Apps

0

50,000

100,000150,000

200,000

250,000

300,000

350,000

400,000

May June

20

20

20

Unique Visitors

1 7

806 S

70,012 Summer of Thanks page views 570 Summer of Thanks e-news sign ups


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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

Public Relations


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Social Media

Total number of fans grew to 414,459

46 posts received a total of 13,930,437 impressions

Facebook

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

Twitter

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

Facebook Ads

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

Insiders Program


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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

Song of the Summer


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OC Night at Camden Yards

Saturday, June 23 Baltimore Orioles vs. Washingto

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


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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 reservationscommittee has discussed best practices and there continues to be varying viewpoints. With somany distribution channels and commissions to consider, the issue is extremely complex. Thecommon consensus and the goal of all hoteliers is to guide the visitor to book directly on thehotels website to avoid paying excessive commissions.

In our opinion, with $5million promoting www.ococean.com , the site needs to be as resourcefulas possible, and as easy to navigate as possible. The recent redesign to the Accommodationspage, which was agreed upon during the Reservations Focus Group meeting, is user-friendlyand should achieve this goal.

While we did discuss a test of the ResEz system on the Towns Facebook page, there was not aunanimous decision. Further, with the room tax dollars promoting www.ococean.com, we felt itwould not be fair to allow one company the ability to make a profit without the project goingthrough the RFP process. Finally, if the decision is made to have central reservations on thetowns site, our Board of Directors would like the OCHMRA to be given the opportunity tomanage that particular section.
http://www.ococean.com/http://www.ococean.com/http://www.ococean.com/http://www.ococean.com/


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5 Update on Scooter and Outdoor Display RegulationEnforcementPresented by: Blaine Smith, Zoning Administrator


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MEMORANDUM

TO: Mayor and City Council

FROM: 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 enforcementof the scooter and outdoor display ordinances. These reports only identify the actionstaken, not regular daily inspections.

Regarding scooters, five 1 st violation letters have been issued, and 2 citations (fines) forsecond violations.

Regarding outdoor displays, seven citations (fines) have been issued for 3 rd violations,and one suspension (1 week) has been imposed.


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123456789

1011121314151617

18192021222324252627282930313233343536

A B C D E F GAtlantic Ave Business S to N Address Permit 1st vio. 2nd 3rd (fine) 4th (fine/1w

Souvenir City 711 S. Atlantic Avenue 22492Cool Breeze Traders 708 S. Atlantic Avenue 22513M R Ducks 410 S. Atlantic Avenue 22443T-Shirt Factory 414 S. Atlantic Avenue 22447 23-May 6-Jun 21-JunOcean Fashion Boutique 408 S. Atlantic Avenue 22555 6-JunLast Stop Beachwear 306 S. Atlantic Ave 22637 6-JunSunset Beachwear (Set It Off) 306 S. Atlantic Avenue 22680 15-JunSassy Beachwear 300 S. Atlantic Ave 22631Atlantic Airbrush 300 S. Atlantic Ave 22465Buddhi's Bags & Luggage (OCDC) 11 Somerset Street 22783Sands Inc. 2 Dorchester St #103 22662Jewelry Etc. 2 Dorchester St #106 22436Ocean Waves 2 Dorchester St #108 22681 6-JunT-Shirt Factory 204 S. Atlantic Avenue 22452Beach Break 110 S. Atlantic Avenue 22559

Name of Art 110 S. Atlantic Ave 22514Shore Side Shop 106 S. Atlantic Avenue 22682 9-Jun 13-JunT-Shirt Factory 14 S. Atlantic Ave #1 22450 6-JunIsland Airbrush 12 S. Atlantic Avenue 22466Dimensions 8 S. Atlantic Avenue 22861 13-JunN D Retail - Quiet Storm/Edwards 1 N. Division Street 22564Geez Teez 3 Atlantic Ave "B" 22633Faces on Bodies 5 Atlantic Ave "B" 22481My Sports Store 5 Atlantic Ave "C" 22404 15-JunOcean's Mist 7 Atlantic Ave "A" 22442The Fashion Shop 9 Atlantic Avenue 22515 6-Jun 9-Jun 17-JunSouvenir City 2 11 Atlantic Avenue 22500Fat Cats 13 Atlantic Avenue 22696NY NY 101 Atlantic Ave #2 22515Tre's Place 107 Atlantic Avenue 22520 9-JunCool Topics 107 Atlantic Ave #3 22517 6-JunOcean Gallery 201 Atlantic Avenue 22343Positive Vibrations 201 Atlantic Avenue 22700Oxygen 207 Atlantic Ave "A" 22405


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3738394041424344454647484950515253

54555657585960616263646566676869707172

A B C D E F GParadise Island 209 Atlantic Avenue "B" 22460L A Piercing 301 Atlantic Ave #103 22522 19-JunThe Boardwalk Empire 309 Atlantic Avenue 22525 8-Jun 13-Jun 23-JunSunsations 405 Atlantic Avenue 22526NY Piercing 409 Atlantic Ave #103 22597 8-Jun 15-Jun 21-Jun 23-JuFat Cats 409 Atlantic Ave #104 22697Hooter's on the Boardwalk 501 Atlantic Avenue 22487The Kite Loft 511 Atlantic Avenue 22565T-Shirt Factory 601 Atlantic Avenue 22453 8-Jun 19-JunGreene Turtle 605 Atlantic Ave "A" 22529Jewelry Explosion 605 Atlantic Ave "B" 22530 8-Jun 19-Jun 27-JunThe T-Shirt Shop 607 Atlantic Ave #101 22531 8-Jun 13-Jun 19-JunMaytalk 607 Atlantic Ave #103 22542 17-JunO C Piercing 607 Atlantic Ave #105 22543 8-Jun 15-Jun 27-JunBeachwear Outlet 701 Atlantic Ave #1 22488 23-May 13-JunFashion Jewelry & Co. 701 Atlantic Ave #2 22549 19-JunMalibu's Surf Shop 713 Atlantic Avenue 22664

Sunsations 817 Atlantic Avenue 22550 8-JunT-Shirt Factory 819A Atlantic Avenue 22491 8-JunSunglass City 901 Atlantic Ave #1 22554Ocean Dreams 901 Atlantic Ave #4 22406 8-JunSunsations 907 Atlantic Avenue 22552 8-JunShopper's Paradise 913 Atlantic Ave "C" 22521 19-JunCool Topics 1103 Atlantic Avenue 22553NY Piercing 1201 Atlantic Ave #106 22598 15-Jun 19-JunBeach Daze 1201 Atlantic Ave #109 22560Beach Break 1219 Atlantic Avenue 22562Sun Daze 1219 Atlantic Avenue 22561 19-JunUnderground Outlet (CITATION) 1301 Atlantic Avenue 8-Jun 27-JunD'Shore Shop/Sunsation 14 1401 Atlantic Avenue 22769 24-JunSurf Beachwear 1507 Atlantic Avenue 22489Bargain Beachwear 2109 Atlantic Avenue 22463 8-JunAtlantic Beachwear 2115 Atlantic Avenue 22462Dogs Gone Wild 2119 Atlantic Avenue 22599Grand Resort Wear 2121 Atlantic Avenue 22464


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7374757677

A B C D E F G70 total permitsIf displaying must get permit - HAS NOT APPLIED, SENT CITATIONWith BDA for ReviewReceiving fines for $250.00Fine goes to $500.00/1 wk susp.


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INVENTORY OF EXISTING SMALL DISPLACEMENT VEHICLES BUSINESSESVIOLATIONS & FINES (July 5, 2012)

2012 Business Name/Address 1st Violation 2nd Violation

#1 ISLAND CYCLES MOTOR SPORTS 6/5/12 6/22/12

311 S. Baltimore Avenue $250.00 fine

#2 SCOOTERS BY THE BEACH 6/1/12 6/4/12207 S. Baltimore Avenue (before fines set)

#3 SCOOTER CITY 6/4/12 6-2nd Street

#4 ISLAND CYCLES 6/4/12201 Baltimore Avenue

#5 FUN CYCLES SCOOTERS

106 Wicomico Street

#6 SCOOTERS BY THE BEACH 6/4/12 6/22/121505 Philadelphia Avenue $250.00 fine

#7 PRESTIGE MEGA SPORTS1605 Philadelphia Avenue

#8 SCOOTER CITY1802 Philadelphia Avenue

#9 FUN CYCLES SCOOTERS1900 Philadelphia Avenue

#10 WATERWAYS MARINA2107 Herring Way

#11 FUN CYCLES SCOOTERS & MOPEDS2606 Philadelphia Avenue

#12 CYCLE CITY 3105 Philadelphia Avenue

#13 PRESTIGE MEGA SPORTS3314 Coastal Highway

#14 SCOOTER CITY3406 Coastal Highway

#15 ISLAND CYCLES4509 Coastal Highway

#16 WATERWAYS MARINA & BIKES5303 Coastal Highway


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#17 NY INC ISLAND CYCLES5509 Coastal Highway

#18 OCEAN CITY SCOOTER RENTALS5801 Coastal Highway

#19 CONTINENTAL CYCLES7203 Coastal Highway

#20 SCOOTERS BY THE BEACH3-120th Street


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6 Request for Sole Source Purchase of a Zoll AutoPulseSystemPresented by: Fire Chief Chris Larmore


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ZOLL Medical CorporationWorldwide Headquarters269 Mill RoadChelmsford, Massachusetts 01824-4105U.S.A.

978 421-9655978 421-0025 Main Fax

July 3, 2012

Chris Shaffer, Asst. Fire ChiefOcean City Fire Rescue6501 Coastal Hwy, Rm 201Ocean City, MD 21842

Dear Asst. Chief Shaffer:

Thank you for your interest in the AutoPulse Non-invasive Cardiac Support Pump, arevolutionary new automated chest compression system that helps deliver improved blood flowduring sudden cardiac arrest (SCA).

Please be aware that ZOLL Medical Corporation is the only company that manufactures (at ourwholly-owned subsidiary, ZOLL Circulation) and markets the AutoPulse. No other organizationis authorized to sell the product in the United States.

Further, there are no other devices on the market today that can mimic the AutoPulses uniquemechanism of action and achieve its unprecedented clinical results. The load-distributingLifeBand squeezes a wide surface area of the chest, employing a combination of semi-circumferential thoracic compressions along with cardiac compressions. In contrast, standardmanual CPR and pneumatic-driven piston devices deliver only cardiac compressions to a verysmall 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 orneed additional information.

Best regards,

Gary L. HochstetlerGary L. Hochstetler


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ttn:

410-723-6618; 443-235-4430el:

Chris Shaffer,

Assistant Fire Chief

TO:

Shipping PointFOB:

Net 30 DaysTERMS:

DATE:

QUOTATION

(978) 421-0015 Customer Support(800) 348-9011(978) 421-9655 MainChelmsford, Massachusetts 01824-4105269 Mill RdWorldwide HeadQuarters

ZOLL Medical Cor oration

DESCRIPTION QTY. UNIT PRICE DISC PRICE TOTAL PRICE

ail: [email protected]

ax: 410-520-5449

Prepay and AddFREIGHT:

6501 Coastal Highway, Room 201Ocean City, MD 21842

EM MODEL NUMBER

118357 V:1

Ocean City Fire Rescue

July 02, 2012

FEDERAL ID#: 04-2711626

AutoPulse System with Pass Thru - Generatesconsistent and uninterrupted chest compressions, offeringimproved blood flow during cardiac arrest. IncludesBackboard, User Guide, Quick Reference Guide, Shoulder Restraints, Backboard Cable Ties, Head Immobilizer, GripStrips, In-service Training DVD, and one year warranty.

$10,995.00 $10,995.00$10,995.0018 7 00 - 0 7 30 - 0 11

AutoPulse Battery - Original equipment Nickel-metalHydride (NiMH) battery for use with the AutoPulsePlatform.

$575.00 $1,725.00$575.0038 7 00 - 0 7 02 - 0 12

Charges and automatically conditions two (2) NiMH orLi-Ion batteries and automactically verifies batterycharge level. Includes User Guide and U.S Power Cord.Standard one (1) year warranty

$1,795.00 $1,795.00$1,795.0018 7 00 - 0 7 53 - 0 13

AutoPulse Soft Carry Case - Soft-sided carrying caseholds AutoPulse Platform, spare battery, spare LifeBand

and Shoulder Restraints.

$395.00 $395.00$395.0018 7 00 - 0 7 05 - 0 14

LifeBand 3 pack - Single-use chest compression band.(3 per package)

$375.00 $375.00$375.0018 7 00 - 0 7 06 - 0 15

s quote is made subject to ZOLLs standard commercial terms and conditions (ZOLL Ts + Cs) whichompany this quote. Any purchase order (P.O.) issued in response to this quotation will be deemed to $15,285.00TOTAL

Paul Dorsey

orporate ZOLL Ts + Cs. Any modification of the ZOLL Ts + Cs must be set forth or referenced in thetomers P.O. No commercial terms or conditions shall apply to the sale of goods or services governedhis quote and the customers P.O unless set forth in or referenced by either document.

EMS Territory Manager 800-242-9150, x9213

. DELIVERY WILL BE MADE 60-90 DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER.

. PRICES WILL BE F.O.B. SHIPPING POINT.

. WARRANTY PERIOD (See above AND Attachment).

. PRICES QUOTED ARE FIRM FOR 60 DAYS.

. APPLICABLE TAX, FREIGHT CHARGES & ORDER PROCESSING FEES ADDITIONAL.

. ALL PURCHASE ORDERS ARE SUBJECT TO CREDIT APPROVAL BEFORE ACCEPTANCE BY ZOLL.

. PURCHASE ORDER AND QUOTATION TO BE FAXED TO ZOLL CUSTOMER SERVICE AT 978-421-0015.

. ALL DISCOUNTS OFF LIST PRICE ARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS.

. PLACE YOUR ACCESSORY ORDERS ONLINE BY VISITING www.zollwebstore.com.


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ZOLL QUOTATION GENERAL TERMS & CONDITIONSACCEPTANCE. This Quotation constitutes an offer by ZOLL Medical Corporation to sell to the

ustomer the equipment (including a license to use certain software) listed in this Quotation andescribed in the specifications either attached to or referred to in this Quotation (hereinafter referred to

Equipment). Any acceptance of such offer is expressly limited to the terms of this Quotation, includingese General Terms and Conditions. Acceptance shall be so limited to this Quotation notwithstanding (i)

ny conflicting written or oral representations made by ZOLL Medical Corporation or any agent ormployee of ZOLL Medical Corporation or (ii) receipt or acknowledgement by ZOLL Medical Corporation

any purchase order, specification, or other document issued by the Customer. Any such documentall be wholly inapplicable to any sale made pursuant to this Quotation, and shall not be binding in anyay on ZOLL Medical Corporation.

cceptance of this Quotation by the Customer shall create an agreement between ZOLL Medicalorporation and the Customer (hereinafter referred to as the Contract the terms and conditions ofhich are expressly limited to the provisions of this Quotation including these Terms and Conditions. Noaiver change or modification of any of the provisions of this Quotation or the Contract shall be bindingn ZOLL Medical Corporation unless such waiver, change or modification (i) is made in writing (ii)xpressly states that it is a waiver, change or modification of this Quotation or the Contract and (iii) isgned by an authorized representative of ZOLL Medical Corporation.

DELIVERY AND RISK OF LOSS. Unless otherwise stated, all deliveries shall be F.O.B. ZOLLedical Corporations facility. Risk of loss or damage to the Equipment shall pass to the Customer upon

elivery of the Equipment to the carrier.

TERMS OF PAYMENT. Unless otherwise stated in its Quotation payment by Customer is due thirty0) days after the ship date appearing on ZOLL Medical Corporation invoice. Any amounts payable

ereunder which remain unpaid after the date shall be subject to a late charge equal to 1.5% per monthom the due date until such amount is paid.

CREDIT APPROVAL. All shipments and deliveries shall at all times be subject to the approval ofedit by ZOLL Medical Corporation. ZOLL Medical Corporation may at any time decline to make anyipment or delivery except upon receipt of payment or security or upon terms regarding credit orcurity satisfactory to ZOLL Medical Corporation.

TAXES & FEES. The pricing quoted in its Quotation do not include sales use, excise, or other similarxes or any duties or customs charges, or any order processing fees. The Customer shall pay in

ddition for the prices quoted the amount of any present or future sales, excise or other similar tax orustoms duty or charge applicable to the sale or use of the Equipment sold hereunder (except any taxased on the net income of ZOLL Medical Corporation), and any order processing fees that ZOLL maypply from time to time. In lieu thereof the Customer may provide ZOLL Medical Corporation with a taxxemption certificate acceptable to the taxing authorities.

WARRANTY. (a) ZOLL Medical Corporation warrants to the Customer that from the earlier of the dateinstallation or thirty (30) days after the date of shipment from ZOLL Medical Corporations facility, the

quipment (other than accessories and electrodes) will be free from defects in material and workmanshipnder normal use and service for the period noted on the reverse side. Accessories and electrodes shalle warranted for ninety (90) days from the date of shipment. During such period ZOLL Medicalorporation will at no charge to the Customer either repair or replace (at ZOLL Medical Corporationsle option) any part of the Equipment found by ZOLL Medical Corporation to be defective in material ororkmanship. If ZOLL Medical Corporations inspection detects no defects in material or workmanship,OLL Medical Corporations regular service charges shall apply. (b) ZOLL Medical Corporation shall note responsible for any Equipment defect failure of the Equipment to perform any specified function, orny other nonconformance of the Equipment caused by or attributable to (i) any modification of thequipment by the Customer, unless such modification is made with the prior written approval of ZOLLedical Corporation: (ii) the use of the Equipment with any associated or complementary equipmentcessory or software not specified by ZOLL Medical Corporation, or (iii) any misuse or abuse of the

quipment: (iv) exposure of the Equipment to conditions beyond the environmental, power or operatingonstraints specified by ZOLL Medical Corporation, or (v) installation or wiring of the Equipment otheran in accordance with ZOLL Medical Corporations instructions. (c) Warranty does not cover items

bject to normal wear and burnout during use, including but not limited to lamps, fuses, batteries, cablesnd accessories. (d) The foregoing warranty does not apply to software included as part of thequipment (including software embodied in read-only memory known as firmware). (e) The foregoingarranty constitutes the exclusive remedy of the Customer and the exclusive liability of ZOLL Medicalorporation for any breach of any warranty related to the Equipment supplied hereunder. THE

WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND ZOLL MEDICAL CORPORATIONXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WHETHER WRITTEN, ORAL, IMPLIED, ORTATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY ORTNESS FOR A PARTICULAR PURPOSE.

SOFTWARE LICENSE. (a) All software (the Software which t erm shall include firmware) included asart of the Equipment is licensed to Customer pursuant to a nonexclusive limited license on the termsereinafter set forth, (b) Customer may not copy, distribute, modify, translate or adapt the Software, anday not disassemble or reverse compile the Software, or seek in any manner to discover, disclose ore any proprietary algorithms, techniques or other confidential information contained therein, (c) All

ghts in the Software remain the product of ZOLL Medical Corporation, and Customer shall have no rightinterest therein except as expressly provided herein. (d) Customers right to use the Software may be

rminated by ZOLL Medical Corporation in the event of any failure to comply with terms of thisuotation, (e) Customer may transfer the license conferred hereby only in connection with a transfer ofe Equipment and may not retain any copies of the Software following such transfer. (f) ZOLL Medicalorporation warrants that the read-only memory or other media on which the Software is recorded will beee from defects in materials and workmanship for the period and on terms set forth in section 6. (g)

ustomer understands that the Software is a complex and sophisticated software product and nosurance can be given that operation of the Software will be uninterrupted or error-free, or that theoftware will meet Customers requirements. Except as set forth in section 7(f), ZOLL MEDICALORPORATION MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THEOFTWARE AND IN PARTICULAR DISCLAIMS ANY IMPLIED WARRANTIES ORERCHANTABILITY OR FITNESS OF A PARTICULAR PURPOSE WITH RESPECT THERETO.ustomers exclusive remedy for any breach of warranty or defect relating to the Software shall be thepair or replacement of any defective read-only memory or other media so that it correctly reproducese Software. This License applies only to ZOLL Medical Corporation Software.

DELAYS IN DELIVERY. ZOLL Medical Corporation shall not be liable for any delay in the delivery ofny part of the Equipment if such delay is due to any cause beyond the control of the ZOLL Medicalorporation including, but not limited to acts of God, fires, epidemics, floods, riots, wars, sabotage, laborsputes, governmental actions, inability to obtain materials, components, manufacturing facilities oransportation or any other cause beyond the control of ZOLL Medical Corporation. In addition ZOLLedical Corporation shall not be liable for any delay in delivery caused by failure of the Customer toovide any necessary information in a timely manner. In the event of any such delay, the date ofipment or performance hereunder shall be extended to the period equal to the time lost by reason ofch delay. In the event of such delay ZOLL Medical Corporation may allocate available Equipment

mong its Customers on any reasonable and equitable basis. The delivery dates set forth in thisuotation are approximate only and ZOLL Medical Corporation shall not be liable for or shall theontract be breached by, any delivery by ZOLL Medical Corporation within a reasonable time after such

ates.

9. LIMITATIONS OF LIABILITY. IN NO EVENT SHALL ZOLL MEDICAL CORPORATION BE LIFOR INDIRECT SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ZOLL MEDICCORPORATIONS PERFORMANCE OR FAILURE TO PERFORM PURSUANT TO THIS QUOTATIONOR THE CONTRACT OR THE FURNISHING, PERFORMANCE, OR USE OF ANY EQUIPMENT OSOFTWARE SOLD HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OWARRANTY, THE NEGLIGENCE OF ZOLL MEDICAL CORPORATION OR OTHERWISE.

10. PATENT INDEMNITY. ZOLL Medical Corporation shall at its own expense defend any suit that maybe instituted against the Customer for alleged infringement of any United States patents or copyrightsrelated 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 byitself and not as a part of or in combination with any other devices or parts, (ii) the Customer gives ZOLLMedical Corporation immediate notice in writing of any such suit and permits ZOLL Medical Corporationthrough counsel of its choice, to answer the charge of infringement and defend such suit, and (iii) theCustomer gives ZOLL Medical Corporation all requested information, assistance and authority at ZOLLMedical 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 willpay 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 soleremedy for any actual or alleged infringement of any patent by the Equipment or the Software or any partthereof 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 thCustomer upon receipt thereof. The Customer shall inform ZOLL Medical Corporation of any shortage inany 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 MediCorporation prior to returning any of the Equipment. (b) The Customer receives authorization from ZOLLMedical Corporation to return a product for credit, the Customer shall be subject to a restocking chargeof twenty percent (20%) of the original list purchase price, but not less than $50.00 per product. (c) Anysuch change in delivery caused by the Customer that causes a delivery date greater than six (6) monthsfrom the Customers original order date shall constitute a new order for the affected Equipment indetermining the appropriate list price.

13. APPLICABLE LAW. This Quotation and the Contract shall be governed by the substantive laws ofthe 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 servicesdelivered pursuant to the Contract will be produced and supplied in compliance with all applicable stateand federal laws and regulations, including the requirements of the Fair Labor Standards Act of 1938, asamended. (b) The Customer shall be responsible for compliance with any federal, state and local lawsand regulations applicable to the installation or use of the Equipment furnished hereunder, and will obtainany permits required for such installation and use.

15. NON-WAIVER OF DEFAULT. In the event of any default by the Customer, ZOLL MediCorporation may decline to make further shipments or render any further warranty or other serviceswithout in any way affecting its right under such order. If despite any default by Customer, ZOLL MedicalCorporation elects to continue to make shipments its action shall not constitute a waiver of any default bythe Customer or in any way affect ZOLL Medical Corporations legal remedies regarding any suchdefault. No claim or right arising out of a breach of the Agreement by the Customer can be discharged inwhole or in part by waiver or renunciation of the claim or right unless the waiver or renunciation issupported 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 theprior 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 withZOLL Medical Corporation until ZOLL Medical Corporation delivers the Equipment to the carrier andagrees 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 MedicalCorporation the right, without liability to repossess the Equipment, with or without notice, and to availitself of any remedy provided by law.

18. EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION.VETERANS EMPLOYMENT - If this order is subject to Executive Order 11710 and th

rules, regulations, or orders of the Secretary of Labor issued thereunder the contract clause as set forthat 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 tRehabilitation Act of 1973, as amended and the rules, regulations or orders of the Secretary of Labor asissued 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 Executive Order 11246, as amended, and the rules, regulations or orders of the Secretary of Laborissued thereunder, the contract clause set forth at 41 CFR 60-1.4 (a) and 60-1.4 (b) are hereby includedas 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 theCustomer, 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 Corporationand shall not create a contract, unless such acceptance is acknowledged and accepted by ZOLL MedicalCorporation 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 inaccordance with the laws of the Commonwealth of Massachusetts. This constitutes the entireagreement between Buyer and Supplier with respect to the purchase and sale of the Products describedin the face hereof, and only representations or statements contained herein shall be binding uponSupplier as a warranty or otherwise. Acceptance or acquiescence in the course of performancerendered pursuant hereto shall not be relevant to determine the meaning of this writing even though theaccepting or acquiescing party has knowledge of the nature of the performance and opportunity forobjection. No addition to or modification of any of the terms and conditions specified herein shall bebinding 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 andconditions of any order or other form submitted by Buyer for the Products set forth on the face of thisAgreement. To the extent that this writing may be treated as an acceptance of Buyers prior offer, suchacceptance 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


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7 Fire/EMS Quarterly ReportPresented by: Chief Chris Larmore


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8 Charter Amendment Resolution 2012-02 to Amend C-404Entitled Meetings of Mayor and Council (changes theorganizational meeting date to the Thursday in Novemberimmediately following the election)

Presented by: Guy Ayres, City Solicitor


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9 Resolution 2012-08 Designating Countersigners forMunicipal Checks (authorizing Martha Bennett andRoger Baskerville as countersigners)Presented by: Guy Ayres, City Solicitor


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C-710. - Checks. (188H)

All checks issued in payment for municipal obligations shall be issued and signed by the CityManager 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 forany funds previously transferred to a payroll account. Checks for funds previously issued to apayroll account may be signed solely by the City Manager without necessity for anycountersignature.

(Res. No. 1981-9, 12-21-1981)

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