BALTIMORE COUNTY COUNCIL

NOTES TO THE AGENDA

LEGISLATIVE SESSION 2017

Issued: July 27, 2017

Work Session: August 1, 2017

Legislative Day No. 13 : August 7, 2017

The accompanying notes are

compiled from unaudited

information provided by

the Administration and

other sources.

OFFICE OF THE COUNTY AUDITOR

BALTIMORE COUNTY COUNCIL

August 7, 2017

NOTES TO THE AGENDA

TABLE OF CONTENTS

Mr. Quirk (By Req.)

Department of Planning

Final Historical Landmarks List

Article 32, Title 7 of the Baltimore County Code establishes a system of historic and architectural preservation for Baltimore County. The law authorizes the creation of a Landmarks Preservation Commission and sets forth the procedure to be followed for the creation of historic districts and for the compilation and maintenance of a Historic Landmarks List.

The Historic Landmarks List currently includes 394 properties. The law authorizes placement of historic Astructures@ and historic environmental settings on the list. A structure is defined as any man-made or natural combination of materials to form stable constructions including, but not limited to, buildings, bridges, towers, walls, trees, and rock formations.

Periodically, after reviewing structures for eligibility and conducting a public hearing, the Landmarks Preservation Commission approves additional structures for placement on a preliminary landmarks list. Each list of proposed structures is then sent to the County Executive for review before being forwarded to the County Council for consideration. The Council may approve the list, in whole or in part, for adoption as additions to the Final Landmarks List.

The Landmarks Preservation Commission recommended one new structure and setting for addition to the list. The County Executive reviewed the list submitted by the Commission, and the list was sent to the County Council. Thereafter, the owners were notified by the Department of Planning of the public hearing, which the Council is required to hold. The Council hearing was held on June 5, 2017.

Bill 42-17 proposes to amend the Landmarks List by adding one new structure to the list. A description of the structure is attached (see Exhibit A).

Bill 42-17 (cont’d) August 7, 2017

With the affirmative vote of five members of the County Council and signature by the County Executive, Bill 42-17 will take effect on August 18, 2017.

Council Fiscal Note August 7, 2017

Bill 43-17 Council District(s) _All_

Mr. Quirk

Zoning Regulations – Collection Bins

The Baltimore County Zoning Regulations currently regulate the placement of Acollection trailers@ (undefined) on shopping center properties.

Section 415 B.1 allows collection trailers, profit and non-profit, to be placed temporarily on shopping center properties, subject to a use permit granted by the Zoning Commissioner. The Commissioner must approve the location of the trailer and may impose conditions on the permit, subject to his consideration of certain factors, including:

The size and vehicular accessibility of the property;
The available number of parking spaces on the property;
Whether or not an attendant is provided or needed for the trailer;
Hours of operation;
The proposed location of the trailer with regard to interior vehicular circulation and adjoining residential premises;
The purpose for the trailer (i.e., to provide a convenient location for the placement of facilities designed to receive from the public household products, including used beverage cans and foil products, to be recycled for reuse); and
Whether a written authorization has been given by the owner or manager of the property granting permission to locate a collection trailer on the property.

If the collection trailer is detrimental to the property=s function or the surrounding community by creating traffic problems, or if it is not maintained in a clean and orderly condition, the Zoning Commissioner may:

Require that the bin be relocated on the site;
Require that the bin be removed from the site upon 30 days’ notice;
Revoke the permit; or
Impose additional conditions upon the continuance of the use permit.

Bill 43-17 (cont’d) August 7, 2017

Bill 43-17 amends this section to expand its scope to cover a Acollection bin@ which is defined as a stationary or free-standing container, receptacle, or similar device that is placed outdoors and is used for the solicitation and collection of non-perishable items of personal property to be donated or recycled for reuse.

The bill proposes to allow these bins to be placed on industrial park properties and fuel service station properties, as well as on shopping center properties. A use permit must be obtained from the Director of the Department of Permits, Approvals & Inspections. The Director must consider the factors listed above and may apply the remedies listed above.

With the affirmative vote of five members of the County Council and signature by the County Executive, Bill 43-17 will take effect on August 18, 2017.

Council Fiscal Note August 7, 2017

Bill 44-17 Council District(s) _All_

Mr. Marks

Medical Cannabis Facilities – Location

A medical cannabis dispensary is permitted in certain zones, either by right or by special exception. However, in any permitted zone, a dispensary may not be located within 500 feet of a public or private elementary, middle, or high school, or within 2,500 feet of another dispensary.

Bill 44-17 proposes to prohibit a dispensary from locating within 800 feet of property owned by the Baltimore County Board of Education and identified as a future school site.

Additionally, the bill requires that a copy of the application for a permit or special exception for a medical cannabis dispensary must be sent to the Councilmember in whose district the medical cannabis dispensary is proposed to be located.

With the affirmative vote of five members of the County Council and signature by the County Executive, Bill 44-17 will take effect on August 18, 2017.

Council Fiscal Note August 7, 2017

Bill 45-17 Council District(s) _All_

Mrs. Bevins

Zoning Regulations – Assisted-Living Facilities

Bill 45‑17 proposes to limit the proximity of assisted-living facilities I and II to other such facilities in Baltimore County.

Generally, an assisted-living facility is defined as Aa building, or section of a building, that provides housing and supportive services, supervision, personalized assistance, health‑related services, or a combination thereof, to meet the needs of individuals who are unable to perform or who need assistance in performing the activities of daily living and which is licensed as an assisted‑living program as defined under Title 19, Subtitle 18 of the Health‑General Article, Annotated Code of Maryland. For the purposes of this definition, if a resident lives in a room or apartment providing complete kitchen facilities intended for the daily preparation of meals by or for that resident, the unit shall not be considered an assisted‑living facility. Density for such facilities shall be calculated at 0.25 for each bed.@

Currently, assisted-living facilities are permitted in the D.R., R.O., R.O.A., R.A.E., B.R., B.M. and OR‑2 Zones. In addition, there are three Alevels@ of assisted-living facilities (ALF=s) in the County. Essentially, an ALF I allows for up to 7 residents; an ALF II allows for between 8 and 15 residents; and an ALF III allows for more than 15 residents. Whether permitted by use permit or by special exception depends on the Zone and the level of ALF proposed.

Bill 45-17 does not limit the number of facilities or the zones in which assisted-living facilities may be located. Rather, the bill limits the Aclustering@ of such facilities in D.R. Zones by not permitting an ALF I or II in the D.R. Zones within 1,000 feet of another property with an existing ALF I or II or another property for which an application for a use permit has been filed for an ALF I or II.

With the affirmative vote of five members of the County Council and signature by the County Executive, Bill 45-17 will take effect on August 21, 2017.

Joanne Williams Fiscal Note August 7, 2017

FM-1 (Contract) Council District(s) All

Department of Aging

Exhibit Services – Power of Age Expo

The Administration is requesting approval of a contract with Advantage Conference & Expo, LLC to provide exhibit hall set-up services for the annual Power of Age Expo held at the Maryland State Fairgrounds in Timonium. The contract commences upon Council approval, continues for 1 year, and will automatically renew for four additional 1-year periods with the option to further extend the initial term or any renewal term an additional 90 days. The contract does not specify a maximum compensation for the initial 1-year term. Compensation may not exceed $329,000 for the entire 5-year and 3-month term, including the renewal and extension periods. See Exhibit A.

Fiscal Summary

Funding Source	Maximum Compensation		Notes
County	—		⁽¹⁾Power of Age Expo fundraising and private donations. ⁽²⁾ Maximum compensation for the entire 5-year and 3-month term, including the renewal and extension periods. The contract does not specify a maximum compensation for the initial 1-year term.
State	—
Federal	—
Other ⁽¹⁾	$ 329,000
Total	$ 329,000	⁽²⁾

Analysis

Since 1988, the Department has sponsored the annual Power of Age Expo (formerly the Baby Boomer and Senior Expo), an information and resource exposition for seniors, their families, and caregivers. The 2017 Expo will be held at the Maryland State Fairgrounds in Timonium on Wednesday and Thursday, October 4^th and 5^th. The Department advised that this year’s Expo will feature approximately 300 exhibitors providing products and services to seniors, baby

FM-1 (Contract) (cont’d) August 7, 2017

boomers, and their families. Exhibitors will include providers of health care, housing, leisure time activities, and government services as well as attorneys, financial planners, and nonprofit organizations. The Expo will also highlight the programs and services available through the Department as well as other County agencies. Attendees can receive flu shots (free to Medicare Part B recipients) and health screenings, and obtain information on Medicare Prescription Drug plans and volunteer/job opportunities.

The contractor will provide the materials and manpower to set up, install, and dismantle exhibit booths and display areas. Specifically, the contractor will provide floor plans; provide and hang aisle signs; hang banners provided by the Department; set up tables and chairs in the food court and welcome area; and provide and install carpet and a stage. The contract provides that failure to complete set-up services in all areas of the exhibit space prior to 9:00 p.m. the evening prior to the first day of the show will result in the assessment of liquidated damages at a rate of $100 per hour for every hour past the 9:00 p.m. deadline.

The contract commences upon Council approval, continues for 1 year, and will automatically renew for four additional 1-year periods with the option to further extend the initial term or any renewal term an additional 90 days on the same terms and conditions, unless the County provides notice of non-renewal. The contract does not specify a maximum compensation for the initial 1-year term. Compensation may not exceed $329,000 for the entire 5-year and 3-month term, including the renewal and extension periods. The contract provides that all increases for the renewal periods may be negotiated between the County and the contractor. The County may terminate the agreement by providing 30 days prior written notice.

The Department advised that funds generated from this event (e.g., ticket and booth sales, advertising, sponsorships) are used to provide emergency assistance to indigent and homebound elderly County residents as part of the Seniors in Need Program. The Department further advised that revenues generated from the 2015 and 2016 Expos totaled $184,100 and $182,179, respectively. The Department expects approximately 10,000 people to attend the 2017 Expo.

The County awarded the contract through a competitive procurement process based on low bid from two bids received.

FM-1 (Contract) (cont’d) August 7, 2017

On July 2, 2012, the Council approved a similar 5-year contract not to exceed $214,814 with Advantage Conference & Expo, LLC. The Department advised that expenditures under the contract totaled $188,831, of which $37,537 was expended for services provided for the 2016 Expo. The Department advised that the maximum compensation under the proposed contract has increased due to growth in both the “footprint” of the Expo and the display costs.

Keith Dorsey Fiscal Note August 7, 2017

FM-2 (Contract) Council District(s) _All_

Office of Budget and Finance

Testing Underground Storage Tanks/Piping Services

The Administration is requesting approval of a contract with Total Environmental Concepts, Inc. to provide on-call testing and inspection services for the County’s underground storage tanks (e.g., gasoline, diesel, and heating oil) and piping systems. The contract commenced June 17, 2017, continues through August 30, 2017, and may not exceed $25,000 unless approved by the Council. If approved, the contract will continue through June 16, 2018 and will automatically renew for four additional 1-year periods with the option to further extend the initial term or any renewal term an additional 90 days. The contract does not specify a maximum compensation for the initial 1-year term. Compensation may not exceed $356,541 for the entire 5-year and 3-month term, including the renewal and extension periods.

Fiscal Summary

Funding Source	Maximum Compensation		Notes
County ⁽¹⁾	$ 356,541		⁽¹⁾General Fund Operating Budget. ⁽²⁾Maximum compensation for the entire 5-year and 3-month term, including the renewal and extension periods. The contract does not specify a maximum compensation for the initial 1-year term.
State	—
Federal	—
Other	—
Total	$ 356,541	⁽²⁾

Analysis

The contractor will provide all labor, materials, tools, equipment, and supervision for testing of underground storage tanks and piping services at various County-owned and/or operated facilities on an on-call, as-needed basis. Testing services include pressure testing on underground storage tanks (either an initial test, after 10 years, once every 5 years, or as requested), suction piping

FM-2 (Contract) (cont’d) August 7, 2017

(once every 2 years), pressure piping (once per year), automatic line leak detectors (once per year), spill buckets (once per year), dispenser and containment sumps (once every 5 years), and vapor recovery systems on an as-needed basis. These tests are required in order to meet U.S. Environmental Protection Agency and Maryland Department of the Environment (MDE) regulations. In addition, the contractor will provide petroleum system inspections and automated monitoring system certifications required by MDE. The Office advised that it anticipates utilizing testing services for 30 underground storage and dispensing tanks currently identified by the County. The County will be billed at unit prices ranging from $75 to $650 per test/inspection depending on the type of service provided.

The contract commenced June 17, 2017, continues through August 30, 2017, and may not exceed $25,000 unless approved by the Council. If approved, the contract will continue through June 16, 2018 and will automatically renew for four additional 1-year periods with the option to further extend the initial term or any renewal term an additional 90 days on the same terms and conditions, unless the County provides notice of non-renewal. The contract does not specify a maximum compensation for the initial 1-year term. Compensation may not exceed $356,541 for the entire 5-year and 3-month term, including the renewal and extension periods.

Prior to the commencement of each renewal period, the County may entertain a request for an escalation in unit prices in accordance with the Consumer Price Index – All Urban Consumers – United States Average – All Items (CPI-U), as published by the United States Department of Labor, Bureau of Labor Statistics at the time of the request, or up to a maximum 5% increase on the current pricing, whichever is lower. The County may terminate the agreement by providing 30 days prior written notice.

The County awarded the contract through a competitive procurement process based on low bid from two bids received.

On March 19, 2012, the Council approved a 5-year and 3-month contract not to exceed $193,729 for similar services with J.D. Relleck Company, Inc. The Office advised that expenditures under this contract totaled $56,160.

FM-2 (Contract) (cont’d) August 7, 2017

Keith Dorsey Fiscal Note August 7, 2017

FM-12 (2 Contract Amendments) Council District(s) All_

Office of Budget and Finance

On-call HVAC Services

The Administration is requesting amendments to two contracts, with Denver-Elek, Inc. and BMC Services, LLC, for continued on-call HVAC services at various County-owned and/or operated buildings. The proposed amendments increase the maximum compensation of the two contracts combined by $6,789,895, from $6,789,896 to $13,579,791, for the entire 5-year and 4-month term, including the renewal and extension periods. Specifically, the proposed amendments increase the maximum compensation for Denver-Elek, Inc. by $6,243,687, from $6,243,687 to $12,487,374, and for BMC Services, LLC by $6,789,895, from $6,789,896 to $13,579,791. The contracts commenced September 8, 2015.

Fiscal Summary

Funding Source	Combined Contract Amendments		Combined Current Maximum Compensation	Combined Amended Maximum Compensation
County ⁽¹⁾	$ 6,789,895		$ 6,789,896	$ 13,579,791
State	—		—	—
Federal	—		—	—
Other	—		—	—
Total	$ 6,789,895	⁽²⁾	$ 6,789,896	$ 13,579,791	⁽³⁾
⁽¹⁾General Fund Operating Budget or Capital Projects Fund, depending on the nature of the work. ⁽²⁾Additional compensation, for the entire 5-year and 4-month term, including the renewal and extension periods. ⁽³⁾ Maximum compensation for the entire 5-year and 4-month term, including the renewal and extension periods. Specifically, the contract amendments increase the maximum compensation for Denver-Elek, Inc. by $6,243,687, from $6,243,687 to $12,487,374, and for BMC Services, LLC by $6,789,895, from $6,789,896 to $13,579,791.

FM-12 (2 Contract Amendments) (cont’d) August 7, 2017

Analysis

The contractors provide all labor, materials, tools, equipment, and supervision necessary for on-call HVAC services at County-owned and/or operated buildings. Hourly rates range from $25 to $78 for Denver-Elek, Inc. and from $20 to $80 for BMC Services, LLC, depending on the staffing/skill level and regular/overtime status. Sub-contractor services are billed at 10% and 20% above the contractors’ costs, respectively. Materials are billed at 12% above the contractors’ costs. Both contractors serve as primary contractors; however, the assignment of work is at the County’s sole discretion.

The Office advised that the proposed contract amendments are necessary due to the increasing volume of aging HVAC equipment experiencing unanticipated catastrophic failures and requiring repairs. As of July 18, 2017, expenditures/encumbrances under the contracts totaled $4,207,925 for Denver-Elek, Inc. and $1,572,208 for BMC Services, LLC.

The proposed amendments increase the maximum compensation of the two contracts combined by $6,789,895, from $6,789,896 to $13,579,791, for the entire 5-year and 4-month term, including the renewal and extension periods. Specifically, the proposed amendments increase the maximum compensation for Denver-Elek, Inc. by $6,243,687, from $6,243,687 to $12,487,374, and for BMC Services, LLC by $6,789,895, from $6,789,896 to $13,579,791. All other terms and conditions remain the same.

On September 8, 2015, the Council approved the original contracts with Denver-Elek, Inc. and BMC Services, LLC with combined compensation not to exceed $6,789,896 for the entire 5-year and 4-month term, including the renewal and extension period. Specifically, compensation may not exceed $6,243,687 for Denver-Elek, Inc. and $6,789,896 for BMC Services, LLC.

FM-12 (2 Contract Amendments) (cont’d) August 7, 2017

The County awarded the contracts through a competitive procurement process based on the two lowest responsive and responsible bids from six bids received.

On August 5, 2013, the Council approved 5-year and 4-month contracts totaling a combined $4,008,293 with Denver-Elek, Inc. and Meckley Services, Inc. to provide on-call plumbing services. On August 6, 2012, the Council approved 5-year and 3-month contracts totaling a combined $2 million with Denver-Elek, Inc., Lighting Maintenance Inc., and Benfield Electric Co., Inc. to provide on-call electrical services. The County’s financial system indicated that as of July 18, 2017, the services provided under the Denver-Elek Inc. plumbing and electrical contracts totaled $972,330 and $827,321, respectively. On September 6, 2016, the Council approved a 2-year and 4-month contract totaling $882,000 with BMC Services, LLC to provide on-call plumbing services. The County’s financial system indicated that as of July 18, 2017, $51,884 has been expended under this contract.

Chief Kyrle Preis Fiscal Note August 7, 2017

FM-3 (Contract) Council District(s) _All_

Fire Department

Cleaning, Repairing & Decontamination/Rental of Turnout Gear

The Administration is requesting approval of a contract with Lion Totalcare, Inc. to provide for the cleaning, repair, decontamination, and rental of turnout gear used by Baltimore County firefighters (career and volunteer) on an as-needed basis. The contract commences upon Council approval, continues through April 17, 2019, and will automatically renew for three additional 1-year periods with the option to further extend the initial term or any renewal term an additional 90 days. The contract does not specify a maximum compensation for the initial approximate 1-year and 8-month term. Compensation may not exceed $2,248,997 for the entire approximate 4-year and 11-month term, including the renewal and extension periods.

Fiscal Summary

Funding Source	Maximum Compensation		Notes
County ⁽¹⁾	$ 2,248,997		⁽¹⁾General Fund Operating Budget. ⁽²⁾Maximum compensation for the entire approximate 4-year and 11-month term, including the renewal and extension periods. The contract does not specify a maximum compensation for the initial approximate 1-year and 8-month term.
State	—
Federal	—
Other	—
Total	$ 2,248,997	⁽²⁾

Analysis

The contractor will clean, repair, decontaminate, and rent turnout gear used by Baltimore County firefighters (career and volunteer) on an as-needed basis. The contractor will provide decontamination and cleaning services for gear heavily soiled with fuel, oil, grease, paint, tar, biological contaminants, and any other hazardous material that requires special handling. The cleaning, decontamination, and repair process must comply with National Fire Protection

FM-3 (Contract) (cont’d) August 7, 2017

Association standards. The contractor will provide services at prices ranging from 10% to 35% off the contractor’s list prices depending on the service provided. The Office of Budget and Finance, Purchasing Division advised that in no event will the contractor make a repair that would exceed 40% of the cost of the turnout gear.

The contract commences upon Council approval, continues through April 17, 2019, and will automatically renew for three additional 1-year periods with the option to further extend the initial term or any renewal term an additional 90 days on the same terms and conditions, unless the County provides notice of non-renewal. The contract does not specify a maximum compensation for the initial approximate 1-year and 8-month term. Compensation may not exceed $2,248,997 for the entire approximate 4-year and 11-month term, including the renewal and extension periods. The County may terminate the agreement by providing 30 days prior written notice.

The contract was awarded as a piggyback of an existing competitively-bid Public Procurement Authority (PPA) Intergovernmental Cooperative Purchasing Agreement that was awarded on April 18, 2016 and expires April 17, 2022.

On September 17, 2012, the Council approved a 5-year and 3-month contract for similar services with Lion Totalcare, Inc. The Purchasing Division advised that as of July 20, 2017, expenditures under this contract totaled $463,983. The Purchasing Division also advised that the proposed contract reflects a higher compensation amount since it includes the following: the rental of turnout gear in an emergency situation; services for volunteer firefighters; and maintenance and cleaning services every year.

David Lykens Fiscal Note August 7, 2017

FM-4 (Contract) Council District(s) All

Department of Environmental Protection & Sustainability

Continuous-Record Streamflow/Water Quality Gages

The Administration is requesting approval of a Joint Funding Agreement with the U.S. Geological Survey (USGS), U.S. Department of the Interior, for the continued maintenance and operation of 17 surface water stream gages, which measure the depth and flow of streams throughout the County. The contract commences October 1, 2017 and continues for 2 years. The County’s contribution totals $370,476 and the USGS’s contribution totals $153,944 for the entire 2-year term. See Exhibit A.

Fiscal Summary

Funding Source	Maximum Compensation		Notes
County ⁽¹⁾	$ 370,476		⁽¹⁾Metropolitan District funds. ⁽²⁾The agreement requires the USGS to contribute $153,944 for the entire 2-year term of the contract. ⁽³⁾Maximum compensation for the entire 2-year term.
State	—
Federal ⁽²⁾	—
Other	—
Total	$ 370,476	⁽³⁾

Analysis

The USGS will monitor and maintain 17 stream gages installed at various locations throughout the County and provide hydrologic data to assist the Department of Environmental Protection & Sustainability (EPS) in planning water quality improvement projects. EPS uses the data to assess progress in meeting local Total Maximum Daily Loads (TMDLs) and to measure the County’s progress in meeting water quality standards. In addition, the data are shared with other County departments, including the Department of Public Works, for the design of bridges and culverts for

FM-4 (Contract) (cont’d) August 7, 2017

stream crossings and for stream flood studies. The USGS uses the data collected from the gages to conduct research and hydrologic studies for appraising the nation’s water sources, and to conduct research and analysis for the Chesapeake Bay TMDLs. The Maryland Department of the Environment uses the data in models to develop local TMDLs. EPS advised that stream gage locations are adjusted on a case-by-case basis, depending upon need, or continued need, for this data. EPS has requested that the USGS continue to provide for both the monitoring of turbidity (suspended solids in the water (e.g., silt, plant matter)) and conductivity (dissolved solids in the water (e.g., sodium, magnesium, iron, and aluminum)) of the Scott’s Level Branch gage in support of the County’s MS4 monitoring program through 2018, and continue the conductivity monitoring though 2019 in support of the TMDL implementation plan for sediment.

The contract commences October 1, 2017 and continues for 2 years. The contract provides that the County will contribute $370,476 ($191,368 for the first year and $179,108 for the second year) and the USGS will contribute $153,944 ($76,972 each year) toward the cost of operating the stream gages. Either party may terminate this agreement by providing 60 days written notice.

EPS advised that the USGS was awarded this contract on a sole-source basis since it is the only known qualified provider for these services. EPS also advised that the USGS has provided the County’s stream gage services for more than 31 years.

On October 5, 2015, the Council approved a similar 2-year Joint Funding Agreement with the USGS, which commenced October 1, 2015, not to exceed $378,200 for the continued maintenance and operation of 17 surface water stream gages throughout the County.

David Lykens Fiscal Note August 7, 2017

FM-5 (Contract) Council District(s) All_

Department of Environmental Protection & Sustainability

Chemical Analysis – Water, Soil, and Fish Tissue Samples

The Administration is requesting approval of a contract with Martel Laboratories JDS, Inc. to provide chemical analysis of water, soil, and fish tissue samples collected in the County’s waterways. The contract commences upon Council approval, continues for 1 year, and will automatically renew for four additional 1-year periods with the option to further extend the initial term or any renewal term an additional 90 days. The contract does not specify a maximum compensation for the initial 1-year term. Compensation may not exceed $300,000 for the entire 5-year and 3-month term, including the renewal and extension periods. See Exhibit A.

Fiscal Summary

Funding Source	Maximum Compensation		Notes
County ⁽¹⁾	$ 300,000		⁽¹⁾ Capital Projects Fund. ⁽²⁾ Maximum compensation for the entire 5-year and 3-month term, including the renewal and extension periods. The contract does not specify a maximum compensation for the initial 1-year term.
State	—
Federal	—
Other	—
Total	$ 300,000	⁽²⁾

Analysis

The contractor will perform chemical analysis of water, soil, and fish tissue samples collected in the County’s waterways by the Department’s staff. The County will use the data to assess the health of the County’s waterways and provide information on the effectiveness of improving water quality, to help prioritize stream restoration projects, and to aid in watershed planning activities. The Department advised that these services are required for the County’s compliance with the

FM-5 (Contract) (cont’d) August 7, 2017

National Pollutant Discharge Elimination System (NPDES) – Municipal Separate Stormwater Sewer Systems (MS4) permit and various Total Maximum Daily Load (TMDL) implementation plans.

Under the proposed contract, the contractor will analyze water samples collected as follows: 41 sites throughout the County which are sampled once a month, regardless of weather conditions; 21 sites throughout the County which are sampled quarterly, preceded by a minimum of 72 hours of dry weather; and 10 sites throughout the County which are sampled during at least 12 storms each calendar year. In addition, the contractor will periodically perform soil chemistry analysis for erosion and nutrient loads to surface waters, analyze fish tissue for toxins (i.e., mercury, PCBs and chlordane), and perform sediment and water analysis for toxic pollutants. Unit prices range from $7 to $140 depending on the item and sampling method.

The Department advised that the County’s in-house lab (staffed by the Department of Public Works employees) analyzes the water samples it collects. However, the Department advised that the proposed contract is necessary due to both the increased volume of samples resulting from additional monitoring requirements and the type of tests required for certain samples.

The contract commences upon Council approval, continues for 1 year, and will automatically renew for four additional 1-year periods with the option to further extend the initial term or any renewal term an additional 90 days on the same terms and conditions, unless the County provides notice of non-renewal. The contract does not specify a maximum compensation for the initial 1-year term. Compensation may not exceed $300,000 for the entire 5-year and 3-month term, including the renewal and extension periods.

The County awarded the contract through a competitive procurement process based on low bid from four bids received.

FM-5 (Contract) (cont’d) August 7, 2017

The Department advised that the County currently contracts with Martel Laboratories JDS, Inc. under a 2-year contract not to exceed $25,000 per year for laboratory services to provide water sample testing. The contract expires August 18, 2018. The County’s financial system indicates that as of July 17, 2017, expenditures totaled $11,065.

Steve Hinkel Fiscal Note August 7, 2017

FM-6 (Contract) Council District(s) 3, 4 & 6

Department of Public Works

Laboratory Analysis – Environmental Samples

The Administration is requesting approval of a contract with ALS Group USA Corporation d/b/a ALS Environmental to provide on-call laboratory analysis of environmental samples collected from three County municipal solid waste landfill sites (Parkton, Hernwood, and Eastern Sanitary Landfills). The contract commenced March 1, 2017, continues until August 30, 2017, and may not exceed $25,000 unless approved by the Council. If approved, the contract will continue through February 28, 2018 and will automatically renew for four additional 1-year periods with the option to further extend the initial term or any renewal term an additional 90 days. The contract does not specify a maximum compensation for the initial 1-year term. Compensation may not exceed $129,000 for the entire 5-year and 3-month term, including the renewal and extension periods.

Fiscal Summary

Funding Source	Maximum Compensation		Notes
County ⁽¹⁾	$ 129,000		⁽¹⁾General Fund Operating Budget. ⁽²⁾Maximum compensation for the entire 5-year and 3-month term, including the renewal and extension periods. The contract does not specify a maximum compensation for the initial 1-year term.
State	—
Federal	—
Other	—
Total	$ 129,000	⁽²⁾

Analysis

The contractor will provide laboratory analysis of environmental samples collected by County personnel from three County municipal solid waste landfill sites (Parkton, Hernwood, and Eastern Sanitary Landfills) in support of remediation, monitoring, and investigation projects. Samples will

FM-6 (Contract) (cont’d) August 7, 2017

include leachate, diesel contaminated water, treated effluent, surface water, groundwater, drinking water, sediments, and soils. The contractor will analyze water quality indicator parameters, inorganics, metals, organic compounds, and hydrocarbons. Unit prices range from $3 to $225, depending on the commodity sampled (e.g., cobalt, lead, sulfide, zinc, and various semi-volatile organic compounds). The Department advised that State law requires environmental sampling and monitoring of landfills.

The Department advised that its in-house lab typically provides laboratory services; however, an on-call contractor is needed since the County’s lab is not certified in all required sampling methods and cannot always meet the time requirement of the testing procedure.

The contract commenced March 1, 2017, continues until August 30, 2017, and may not exceed $25,000 unless approved by the Council. If approved, the contract will continue through February 28, 2018 and will automatically renew for four additional 1-year periods with the option to further extend the initial term or any renewal term an additional 90 days on the same terms and conditions, unless the County provides notice of non-renewal. The contract does not specify a maximum compensation for the initial 1-year term. Compensation may not exceed $129,000 for the entire 5-year and 3-month term, including the renewal and extension periods. The Department expects to incur services totaling $6,500 by August 7, 2017.

The County awarded the contract through a competitive procurement process based on low bid from four bids received.

On July 7, 2014, the Council approved a 3-year contract, effective March 1, 2014, not to exceed $129,000 with ALS Group USA Corporation for the same services. Expenditures under the contract totaled $48,970.

Steve Hinkel Fiscal Note August 7, 2017

FM-7 (2 Contracts) Council District(s) All _

Department of Public Works

Maintenance and Repair of Sewer Pumps – County-owned Pumping Stations

The Administration is requesting approval of two contracts to provide on-call maintenance and repair services for sewer pumps utilized in County-owned pumping stations. The two contractors are DSI, Inc. and T.E.A.M. Service Corporation of New York. The contracts commence upon Council approval, continue for 1 year, and will automatically renew for four additional 1-year periods with the option to further extend the initial term or any renewal term an additional 120 days. The contracts do not specify a maximum compensation for the initial 1-year term. Compensation for both contractors combined may not exceed $1,600,000 for the entire 5-year and 4-month term, including the renewal and extension periods. See Exhibit A.

Fiscal Summary

Funding Source	Combined Maximum Compensation		Notes
County ⁽¹⁾	$ 1,600,000		⁽¹⁾Metropolitan District Operating Budget. ⁽²⁾ Maximum compensation for both contractors combined for the entire 5-year and 4-month term, including the renewal and extension periods. The contracts do not specify a maximum compensation for the initial 1-year term.
State	—
Federal	—
Other	—
Total	$ 1,600,000	⁽²⁾

Analysis

The contractors will furnish all labor, repair work, materials, parts, tools, equipment, and supervision for the repair and maintenance of various types of sewer pumps and related equipment utilized at County-owned pumping stations as needed. The contractors will define the type and extent of damage to the pump and provide recommendations for repair or replacement.

FM-7 (2 Contracts) (cont’d) August 7, 2017

The County may purchase replacement pumps from either contractor if repairs to the existing pump are not economical. Hourly labor rates are $60 and $90 for DSI, Inc. and $55 and $60 for T.E.A.M. Service Corporation of New York based on regular time or overtime, weekends, and holidays, respectively. The mark-up for parts and materials is 10% and 15% (depending on the type of pump and manufacturer) for DSI, Inc. and 20% for T.E.A.M. Service Corporation of New York. The County does not guarantee a minimum amount of work to either contractor; the assignment of work is at the County’s sole discretion.

The proposed contracts provide for on-call maintenance and repair of the various manufacturers’ sewer pumps located within the County’s pumping stations and the guarantee of all parts, materials, and repair work for 1 year; however, for Flowserve-brand pumps, the contractors will guarantee only repair work for 1 year but not any Flowserve pump parts or materials. The Department advised that it has been experiencing premature failure of several series of its Flowserve pumps due to design issues, and it is currently in the process of replacing the Flowserve pumps with another brand. The Department further advised that the County has been contracting for service on an emergency basis; the proposed contracts are expected to prevent the County from overpaying for emergency pump repairs in the future.

The contracts commence upon Council approval, continue for 1 year, and will automatically renew for four additional 1-year periods with the option to further extend the initial term or any renewal term an additional 120 days on the same terms and conditions, unless the County provides notice of non-renewal. The contracts do not specify a maximum compensation for the initial 1-year term. Compensation for both contractors combined may not exceed $1,600,000 for the entire 5-year and 4-month term, including the renewal and extension periods.

Prior to the commencement of each renewal period, the County may entertain a request for an escalation in unit prices in accordance with the Consumer Price Index – All Urban Consumers – Washington/Baltimore – All Items (CPI-U), as published by the United States Department of Labor, Bureau of Labor Statistics at the time of the request, or up to a maximum 5% increase on the current pricing, whichever is lower. The County may terminate the agreements by providing 30 days prior written notice.

The County awarded the contracts through a competitive procurement process. The two contractors were the only bidders.

FM-7 (2 Contracts) (cont’d) August 7, 2017

On October 3, 2016, the Council approved a 5-year and 4-month contract totaling an estimated $209,974 with T.E.A.M. Service Corporation of New York for on-call electric motor repair services at the County’s pumping stations. As of July 19, 2017, the County’s financial system indicated that there have not been any expenditures.

On February 6, 2017 and May 1, 2017, the Council was notified through Correspondence of non-competitively bid contracts with DSI, Inc. for the emergency repair of Flowserve pumps located at the Kings Point Pumping station (three pumps totaling $66,821) and the Essex Pumping Station (one pump for $29,930), and at the Dundalk Pumping Station (one pump for $29,925), respectively.

Steve Hinkel Fiscal Note August 7, 2017

FM-13 (Transfer Agreement) Council District(s) 1 & 3 _

Department of Public Works

Transfer Agreement – Tito Contractors, Inc./Maryland Environmental Services –

General Labor Services

The Administration is requesting approval of a transfer agreement between Tito Contractors, Inc., Maryland Environmental Service (MES), and Baltimore County to provide general and skilled labor services at the County’s Central Acceptance Facility (CAF) in Cockeysville and the Western Acceptance Facility (WAF) in Halethorpe. The proposed transfer agreement assigns the pre-existing contract from MES to the County with the consent of Tito Contractors, Inc., since the County took over operations of the CAF and WAF effective July 1, 2017. The transfer agreement commenced July 1, 2017 and continues through September 30, 2018, unless it is approved by the Council. If approved, the agreement may be renewed for three additional 1-year periods. The agreement does not specify a maximum compensation for the initial 1-year and 3-month term. Compensation may not exceed $1,324,208 for the entire 4-year and 3-month term, including the renewal periods.

Fiscal Summary

Funding Source	Maximum Compensation		Notes
County ⁽¹⁾	$ 1,324,208		⁽¹⁾General Fund Operating Budget. ⁽²⁾ Maximum compensation for the entire 4-year and 3-month term, including the renewal periods. The agreement does not specify a maximum compensation for the initial 1-year and 3-month term.
State	—
Federal	—
Other	—
Total	$ 1,324,208	⁽²⁾

FM-13 (Transfer Agreement) (cont’d) August 7, 2017

Analysis

The contractor will provide general labor services for the County’s CAF in Cockeysville and WAF in Halethorpe. General labor services will be provided on a full-time basis (40 hours-per-week) and may include, but are not limited to: manual sorting of recycled materials on single-stream processing lines; groundskeeping; lawn maintenance; and general housekeeping and labor chores. The contractor may also provide skilled labor services on an as-needed basis to include, but not be limited to: general building maintenance (e.g., interior and exterior painting); carpentry; concrete repair; drywall installation; indoor tile work; and metal siding removal/installation. The Department advised that the County will provide the materials and equipment (brooms, shovels, lawn mowers, etc.). Billing rates for labor range from $16.70 to $31.20, depending on the worker’s skill level and time status (i.e., regular or overtime). The contractor’s billing rate includes the pay rate provided to an employee (minimum of $9.50 per hour) plus the contractor’s additional costs, fees, and profit.

On September 29, 2016, MES entered into a 5-year contract not to exceed $1,324,208 with Tito Contractors, Inc. to provide general and skilled labor services at the County’s CAF and WAF. The contract was awarded through a competitive procurement process based on low bid from three bids received (the low bidder was considered non-responsive for not meeting technical qualifications). However, on July 1, 2017, the County took over the operations of the CAF and WAF in order to reduce costs and improve oversight. The Department advised that the County is utilizing the contract with Tito Contractors, Inc. as a temporary measure in order to ensure operations continue while it assesses the services offered by other temporary staffing contractors.

The transfer agreement commenced July 1, 2017 and continues through September 30, 2018, unless it is approved by the Council. If approved, the agreement may be renewed for three additional 1-year periods. The agreement does not specify a maximum compensation for the initial 1-year and 3-month term. Compensation may not exceed $1,324,208 for the entire 4-year and 3-month term, including the renewal periods. The Department advised that as of July 25, 2017, services incurred totaled $17,084.

Prior to the commencement of each renewal period, the County may entertain a request for an escalation in unit prices up to a maximum 3% increase on the current pricing. The County may terminate the agreement by providing 30 days’ notice.

FM-13 (Transfer Agreement) (cont’d) August 7, 2017

On May 26, 2016, the Council approved an approximate 5-year contract with Tito Contractors, Inc. not to exceed $2,373,781 to provide on-call painting services at various County-owned and/or operated facilities. As of July 20, 2017, the County’s financial system indicated that $127,445 has been expended under this contract.

On October 1, 2012, the Council approved an approximate 6-year and 10-month contract with WB Services, LLC for an estimated $76,649,329 to transport municipal solid waste (MSW) from various County transfer facilities, including the CAF, to final waste disposal sites. On July 3, 2017, the Council approved an amendment to the original contract for an additional estimated $11,421,807 to expand the scope of work to include hauling MSW and yard material from the WAF to BRESCO and the Eastern Sanitary Landfill, respectively. The amendment was necessary due to the County’s termination of the MES contract for those services. The Department advised that as of July 26, 2017, $12,249,384 has been expended under this contract.

County Charter, Section 715, requires that “any contract must be approved by the County Council before it is executed if the contract is…for services for a term in excess of two years or involving the expenditure of more than $25,000 per year….” As previously mentioned, the proposed transfer agreement commenced July 1, 2017. We believe this situation may constitute a violation of the aforementioned section of the County Charter.

Rob Stradling Fiscal Note August 7, 2017

FM-8 (2 Contracts) Council District(s) All

Office of Information Technology

Repaint County-owned Radio Towers

The Administration is requesting approval of two contracts to provide painting services for the nine County-owned radio towers used in conjunction with the County’s 800 MHz Radio System. The two contractors are Allstate Tower, Inc. and Bay Town Painting & Marine Repair, Inc. Each contract commences upon Council approval, continues for 1 year, and will automatically renew for four additional 1-year periods with the option to further extend the initial term or any renewal term an additional 120 days. The contracts do not specify a maximum compensation for the initial 1-year term. Compensation may not exceed $130,957 for Allstate Tower, Inc. and $192,916 for Bay Town Painting & Marine Repair, Inc., or $323,873 combined, for the entire 5-year and 4-month term, including the renewal and extension periods See Exhibit A.

Fiscal Summary

	Maximum Compensation
Funding Source	Allstate Tower, Inc.	Bay Town Painting & Marine Repair, Inc.	Combined Max. Compensation
County ⁽¹⁾	$ 130,957	$ 192,916	$ 323,873
State	—	—	—
Federal	—	—	—
Other	—	—	—
Total	$ 130,957	$ 192,916	$ 323,873	⁽²⁾
⁽¹⁾ General Fund Operating Budget. ⁽²⁾Maximum compensation for both contractors combined for the entire 5-year and 4-month term, including the renewal and extension periods. The contracts do not specify a maximum compensation for the initial 1-year term.

FM-8 (2 Contracts) (cont’d) August 7, 2017

Analysis

The contractors will provide all labor, materials, tools, equipment, and supervision necessary to prepare and paint the nine County-owned radio towers used in conjunction with the County’s 800 MHz Radio System. The Office advised that the radio towers require periodic painting to protect the structure from corrosion and to comply with Federal Aviation Administration and Federal Communications Commission marking requirements. The Office also advised that the radio towers are painted on a rotating schedule subject to the appropriation of funds.

Allstate Tower, Inc. will paint four towers at the following locations and unit prices:

Tower Location		Unit Price
Jacksonville (Hillendale Heights Road off Jarrettsville Pike)		$23,700
Spook Hill (Spook Hill and Armacost Roads)		$23,700
Courthouse North (Bosley Ave.)		$6,500
Courthouse South (Bosley Ave.)		$6,500

Bay Town Painting & Marine Repair, Inc. will paint five towers at the following locations and unit prices:

Tower Location		Unit Price
Old Fire Headquarters (800 York Road)		$35,000
Catonsville (Rolling Rd. and Route 40)		$35,000
Red Run (Springwater Ct. off Cascade Mills Ct.)		$35,000
North Point (Merritt Blvd. and Wise Ave.)		$35,000
Allender (Eastern Landfill)		$25,000

Each contract commences upon Council approval, continues for 1 year, and will automatically renew for four additional 1-year periods with the option to further extend the initial term or any renewal term an additional 120 days on the same terms and conditions, unless the County provides notice of non-renewal. The contracts do not specify a maximum compensation for the initial 1-year term. Compensation may not exceed $130,957 for Allstate Tower, Inc. and $192,916 for Bay Town Painting & Marine Repair, Inc., or $323,873 combined, for the entire 5-year and 4-month term, including the renewal and extension periods.

Prior to the commencement of each renewal period, the County may entertain a request for an escalation in unit prices in accordance with the Consumer Price Index – All Urban Consumers –

FM-8 (2 Contracts) (cont’d) August 7, 2017

United States Average – All Items (CPI-U), as published by the United States Department of Labor, Bureau of Labor Statistics at the time of the request, or up to a maximum 5% increase on the current pricing, whichever is lower. The County may terminate the agreements by providing 30 days prior written notice.

The County awarded the contracts through a competitive procurement process. The two contractors were the only bidders.

On April 16, 2007, the Council approved a similar 10-year contract not to exceed $1,026,645 with Bay Town Painting & Marine Repair, Inc. to paint seven towers (which did not include the two towers at the Courthouse). The Office advised that $310,250 was expended under this contract, which enabled the painting of one tower per year over the 10-year period. The Office anticipates that the schedule of painting one tower per year will be continued during the forthcoming 5-year term.

Rob Stradling Fiscal Note August 7, 2017

FM-9 (Contract Amendment) Council District(s) All

Office of Information Technology

Support/Maintenance – Public Safety Digital Voice/Data Radio System

The Administration is requesting an amendment to extend the County’s contract with Motorola Solutions, Inc. in order to provide continued support, maintenance, and upgrades for the County’s Public Safety Digital Voice and Data Radio System. The extension term commences September 1, 2017, continues for 1 year, and will be automatically further extended for four additional 1-year periods. The amendment increases the contract’s maximum compensation by $8,870,150, from $7,191,888 to $16,062,038, for the entire approximate 9-year and 7-month term, including the 5-year extension period. The original contract commenced February 4, 2013. See Exhibit A.

Fiscal Summary

Funding Source	Contract Amendment		Current Maximum Compensation	Amended Maximum Compensation
County ⁽¹⁾	$ 8,870,150		$ 7,191,888	$ 16,062,038
State	—		—	—
Federal	—		—	—
Other	—		—	—
Total	$ 8,870,150	⁽²⁾	$ 7,191,888	$ 16,062,038	⁽³⁾
⁽¹⁾General Fund Operating Budget. ⁽²⁾ Maximum compensation for the 5-year extension period. ⁽³⁾ Maximum compensation for the entire approximate 9-year and 7-month term, including the 5-year extension period.

Analysis

The County’s 700/800 MHz trunked public safety radio communications system provides both voice and dispatch-related data communications from the County’s 911 Call Center to Law

FM-9 (Contract Amendment) (cont’d) August 7, 2017

Enforcement, Fire, and Rescue personnel, and is also used by other County agencies including the Departments of Aging, Corrections, and Public Works. In addition, the communications system allows the County to have the highest level of interoperability and communications with the public safety community in surrounding jurisdictions.

On February 4, 2013, the Council approved the original approximate 4-year and 7-month contract, with compensation not to exceed $7,191,888 for the entire term, as follows:

Initial Term $ 481,038

1^st Renewal $1,367,032

2^nd Renewal $1,370,628

3^rd Renewal $1,374,329

4^th Renewal $1,400,213

20% Contingency $1,198,648

Total $7,191,888

The contractor will continue to provide high performance data, voice and console system infrastructure support and software maintenance services, security monitoring and update services, tenser channel bank services (which control communications), Central Maryland Area Radio Communications system services, and system upgrade and maintenance services. The Office advised that this long-term service and support agreement will ensure that the County’s $76 million investment in its radio communications and 911 Call Center systems is protected and will enhance public safety services for County residents. This original agreement is set to expire on August 31, 2017. The Office advised that it is in the County’s best interest to extend this agreement to avoid interruption in services.

The proposed contract extension commences September 1, 2017, continues for 1 year, and will be automatically further extended for four additional 1-year periods on the same terms and conditions, unless the County provides notice of non-renewal. Compensation may not exceed $8,870,150 during the proposed 5-year extension period as follows:

Initial Extension Term $1,422,536

1^st Extension Renewal $1,449,714

2^nd Extension Renewal $1,477,615

3^rd Extension Renewal $1,506,259

4^th Extension Renewal $1,535,668

20% Extension Contingency $1,478,358

Total Extension Period $8,870,150

FM-9 (Contract Amendment) (cont’d) August 7, 2017

Maximum compensation for the entire approximate 9-year and 7-month term, including the 5-year extension period, increases from $7,191,888 to $16,062,038. All other terms and conditions remain the same. Either party may terminate the agreement by providing 30 days prior written notice.

The Office previously advised that the original contract was awarded on a sole-source basis because the software and hardware are proprietary, and maintenance performed by anyone other than Motorola Solutions would void all warranties on the software and equipment defined in this contract. The Office also advised that as of July 24, 2017, $5,998,530 has been expended under this contract.

On July 1, 2013, the Council was notified through Correspondence of a non-competitively bid contract with Motorola Solutions, Inc. for $24.8 million for the purchase of equipment for the 700/800 MHz public safety radio system, as well as the repair parts and depot maintenance for the equipment. The Office advised that as of July 13, 2017, expenditures under this contract totaled $15,283,971.

The Office of Budget and Finance designated the amended contract award as a 902(f) procurement secured in the best interest of the County. County Charter, Section 902(f), states that when competitive “bidding is not appropriate, a contract shall be awarded only by competitive negotiations, unless such negotiations are not feasible. When neither competitive bidding nor competitive negotiations are feasible, contracts may be awarded by noncompetitive negotiations.”

Kevin Reed Fiscal Note August 7, 2017

FM-10 (Contract) Council District(s) All_

Department of Health and Human Services

Accounting Services

The Administration is requesting approval of a contract with David-James, LLC to provide accounting services for the completion of the Medicare, Medicaid, and Blue Cross Home Health annual cost report for the Department’s Home Health Program. The contract commences September 1, 2017, continues for 1 year, and will automatically renew for four additional 1-year periods with the option to further extend the initial term or any renewal term an additional 90 days. The contract does not specify a maximum compensation for the initial 1-year term. Compensation may not exceed $35,000 for the entire 5-year and 3-month term, including the renewal and extension periods. See Exhibit A.

Fiscal Summary

Funding Source	Maximum Compensation		Notes
County ⁽¹⁾	$ 35,000		⁽¹⁾General Fund Operating Budget. ⁽²⁾Maximum compensation for the entire 5-year and 3-month term, including the renewal and extension periods. The contract does not specify a maximum compensation for the initial 1-year term.
State	—
Federal	—
Other	—
Total	$ 35,000	⁽²⁾

Analysis

The Department’s Home Health Program provides skilled home health care to County residents who are homebound and under a physician’s plan of care. The purpose of the program is to prevent re-hospitalization and allow eligible acute and chronically ill residents to remain in their communities. Home health care consists of intermittent, medically-necessary skilled care, including nursing, physical, occupational, and speech therapy, and medical social work. In

FM-10 (Contract) (cont’d) August 7, 2017

addition, clients receive assistance with personal care needs, patient education, risk assessments, and coordination of visits with other service providers. The Department advised that the program serves approximately 100 clients annually. The Department’s program is a certified Medicare provider; Medicare, Medicaid, or other third party payers reimburse most care provided by the program. Providers receiving Medicare reimbursement for health care services must submit an annual cost report containing verifiable cost data based on financial and statistical records.

Due to the highly complex nature of this reporting, the Department contracts with an accounting firm that specializes in health care cost reports. The contract provides for the preparation of the Medicare, Medicaid, and Blue Cross annual cost report as well as the completion of any auditing or related home health reimbursement and/or regulatory issues that may arise. The annual report is due no later than November 30^th of each year. The contractor will charge $5,750 for the completion of the report and $195 per hour for related accounting services.

The contract commences September 1, 2017, continues for 1 year, and will automatically renew for four additional 1-year periods with the option to further extend the initial term or any renewal term an additional 90 days on the same terms and conditions, unless the County provides notice of non-renewal. The contract does not specify a maximum compensation for the initial 1-year term. Compensation may not exceed $35,000 for the entire 5-year and 3-month term, including the renewal and extension periods.

Prior to the commencement of the second and subsequent renewal periods, the County may entertain a request for an escalation in unit prices in accordance with the Consumer Price Index – All Urban Consumers – United States Average – All Items (CPI-U), as published by the United States Department of Labor, Bureau of Labor Statistics at the time of the request, or up to a maximum 5% increase on the current pricing, whichever is lower. The County may terminate the agreement by providing 30 days prior written notice.

The County awarded the contract through a competitive procurement process based on low bid from two bids received.

On March 18, 2013, the Council approved a similar 5-year and 3-month contract with David-James LLC, which commenced September 1, 2012, with compensation not to exceed $43,000. As of July 12, 2017, $26,750 has been expended under this contract.

FM-10 (Contract) (cont’d) August 7, 2017

The County’s Procurement Affidavit requires potential contractors to indicate whether they are in good standing with the State of Maryland. We noted that, according to State Department of Assessments and Taxation (SDAT) records as of July 25, 2017, the contractor was not in good standing. A contractor is deemed to be in good standing if all reports, filings, and penalties due to SDAT are up-to-date and paid and the entity has a valid, active resident agent. The Office of Budget and Finance, Purchasing Division advised that the contractor is in the process of resolving the issues that caused the loss of its good standing status with SDAT and would not be awarded work until such issues were resolved.

Keith Dorsey Fiscal Note August 7, 2017

MB-2 (Res 64-17) Donation Council District(s) __All__

Mr. Quirk (By Req.)

Office of Budget and Finance

Accept Gift – State of Maryland, Department of Public Safety and Correctional Services – Protocol Cardsets

Resolution 64-17 authorizes the County to accept a monetary donation of up to $16,375 from the Maryland Department of Public Safety and Correctional Services, Emergency Number Systems Board (ENSB) for the County’s Emergency Communications Center (9-1-1 Center). The funds will be used to reimburse the County for the purchase of 33 additional protocol cardsets, 11 sets each for the Medical, Fire, and Police Dispatch Protocol systems. The Office advised that the cardsets were purchased from Medical Priority Consultants, Inc. and received on April 21, 2017. See Exhibit A.

The Office advised that this purchase provides the 9-1-1 Center with 71 hard-copy cardsets for each of the three Dispatch Protocol systems, which matches the number of software licenses used for the 9-1-1 operations and training section area workstations. The hard-copy cardsets would be used in the event of a computer system failure, in order to assist 9-1-1 Center staff in entering case information and asking key questions of callers to efficiently dispatch emergency personnel and equipment.

The Office advised that the annual support/maintenance cost for the 33 additional protocol cardsets totals $1,617.

This donation is contingent upon the availability of funds in the State’s 9-1-1 Trust Fund, which is financed by a state fee assessed on individual telephone bills, currently 25 cents per subscriber per month.

Resolution 65-17 (MB-3) on this agenda also authorizes a donation from the ENSB valued up to $219,216 for various training programs for the County’s 9-1-1 Center staff.

MB-2 (Res 64-17) Donation (cont’d) August 7, 2017

County Charter, Section 306, vests in the County Council the power to accept gifts.

Resolution 64-17 will take effect from the date of its passage by the County Council.

Keith Dorsey Fiscal Note August 7, 2017

MB-3 (Res 65-17) Donation Council District(s) __All__

Mr. Quirk (By Req.)

Office of Budget and Finance

Accept Gift – State of Maryland Department of Public Safety and Correctional Services – Emergency Telecommunicator Staff

Resolution 65-17 authorizes the County to accept a donation of up to $277,566 from the Maryland Department of Public Safety and Correctional Services, Emergency Number Systems Board (ENSB) for various training programs for the County’s 9-1-1 Center staff. See Exhibit A.

The Office advised that the ENSB reimbursed the County $560 and made direct payments of $218,656 to Medical Priority Consultants, Inc. (d/b/a Priority Dispatch Corporation) for training programs conducted for 9-1-1 Center staff during fiscal years 2012 through 2017. The Office further advised that the ENSB may either pay the contractor directly or reimburse the County for training programs up to $58,350 to be conducted during the first half of FY 2018. The Office projects that future ENSB donations may provide training expense savings to the County of $50,000 to $100,000 per year depending on the number of 9-1-1 training and recertification classes needed.

The donation is contingent upon the availability of funds in the State’s 9-1-1 Trust Fund, which is financed by a state fee assessed on individual telephone bills, currently 25 cents per subscriber per month.

Resolution 64-17 (MB-2) on this agenda also authorizes a donation from the ENSB of up to $16,375 for the purchase of 33 hard-copy cardsets for the Medical, Fire, and Police Dispatch Protocol systems (11 cardsets for each system).

County Charter, Section 306, vests in the County Council the power to accept gifts. However, the Office advised that ENSB donations were accepted and used for training programs from fiscal years 2012 through 2017 prior to Council approval. We believe this situation may constitute a violation of the aforementioned section of the County Charter.

Resolution 65-17 will take effect from the date of its passage by the County Council.

Will Anderson Fiscal Note August 7, 2017

MB-4 (Res. 66-17) Council District(s) _7_

Mr. Quirk (By Req.)

Department of Economic and Workforce Development

Support of Conditional Grant – Under Armour, Inc.

The Administration is requesting the endorsement of a project and a corresponding Maryland Department of Commerce, Maryland Economic Development Assistance Authority and Fund (MEDAAF) conditional grant of up to $2 million to assist with costs associated with the acquisition, construction, and equipping of a new Under Armour e-commerce warehouse and distribution center at Tradepoint Atlantic in Sparrows Point. See Exhibit A.

Fiscal Summary

As a condition for providing assistance to the project, the State requires a local government resolution supporting the project and a minimum 10% matching County conditional grant. The Department advised that it will submit for Council approval a $200,000 conditional grant to Under Armour, Inc. through the 7-day grant notification process as financial assistance for this project.

Analysis

Under Armour intends to open a 1.3 million sq. ft. distribution warehouse at Tradepoint Atlantic in Sparrows Point at an estimated project cost of $174 million. The Department advised that construction of the distribution center began in October 2016 and is anticipated to be operational in summer 2018.

This resolution endorses the project and a corresponding MEDAAF conditional grant of up to $2 million as financial assistance for the project. As a condition for providing assistance to the

MB-4 (Res. 66-17) (cont’d) August 7, 2017

project, the State requires a local government resolution supporting the project and a minimum 10% matching County conditional grant. The Department advised that it will submit for Council approval a $200,000 conditional grant to Under Armour, Inc. through the 7-day grant notification process as financial assistance for this project.

The Department advised that both the State and County conditional grants have 10-year terms; in order for the grants to be forgiven at the end of the 10-year terms, the company will employ 800 workers at the distribution center by December 31, 2022 and retain them for a 5-year period. If the company does not meet its employment goal, it will be responsible for repaying the grants.

In addition to the State and County grants, the Department advised that the Maryland Economic Development Corporation will provide a $2 million grant to Tradepoint Atlantic to be used for costs related to the project.

This resolution shall take effect from the date of its passage by the County Council.

Will Anderson Fiscal Note August 7, 2017

MB-5 (Res. 67-17) Council District(s) 1_

Mr. Quirk (By Req.)

Department of Economic and Workforce Development

MD Economic Development Revenue Bond – Maryland Rewind and Converting LLC

This resolution authorizes the issuance of Baltimore County revenue bonds in an amount not to exceed $7.0 million on behalf of Maryland Rewind and Converting LLC (owned by J.C. Parry & Sons Company, Inc.) in connection with its plastic sheet manufacturing business. The bonds will be used to finance the acquisition, renovation, and furnishing/equipping of an additional facility located at 3901 Washington Boulevard, the acquisition/installation of additional manufacturing equipment for its existing facility located at 1920 Halethorpe Farms Road, and the issuance costs related to the transaction. See Exhibit A.

Fiscal Summary

The County will earn an annual fee of 1/8 of 1% on the outstanding principal balance of the bonds. Maryland Rewind and Converting LLC will pay all debt service related to the bonds. The County does not incur any liability nor pledge its full faith and credit for the bonds.

Analysis

J.C. Parry & Sons Company, Inc. is a manufacturing company that produces plastic sheeting, specifically stretch film that is used to wrap various products on shipping pallets. The company has been located at 1920 Halethorpe Farms Road in the Southwest Enterprise Zone since 1992. J.C. Parry & Sons Company, Inc. owns Maryland Rewind and Converting LLC and will use the bond proceeds to acquire, renovate, and equip an existing building located at 3901 Washington Boulevard (also in the Southwest Enterprise Zone), acquire/install additional manufacturing

MB-5 (Res. 67-17) (cont’d) August 7, 2017

equipment at its Halethorpe Farms Road facility, and pay various expenses related to the project (e.g., site preparation and legal fees). Renovations are expected to begin in July 2017 and take 1 year to complete. The total project cost is estimated at $14,810,000. PNC Bank, National Association will provide a conventional loan of $7,810,000. J.C. Parry & Sons employs 44 people, and expects to increase employment by 6 personnel by August 2021. The annual payroll is projected to total approximately $2.7 million.

The County does not incur any liability by approving this resolution nor does it pledge its full faith and credit. Maryland Rewind and Converting LLC will repay the principal and interest on the bonds. All costs incurred by, or on behalf of, the County in connection with the issuance, sale, delivery, and administration of the bonds, and the making of a loan, including the bond counsel fees, are the responsibility of Maryland Rewind and Converting LLC. (Revenue bonds result in lower interest rates to the borrower since they are generally tax-exempt.)

The Department advised that the bonds, once issued, will be purchased by PNC Bank, National Association. The bonds will be entirely tax-exempt and will have a 25-year term with a projected 3% fixed interest rate. The County will earn an annual fee of 1/8 of 1% on the outstanding principal balance of the bonds. Settlement is expected to take place in late August or early September 2017. Bond counsel for this transaction is Miles & Stockbridge P.C.

On September 4, 2012, the Council approved Resolution 64-12 authorizing the issuance of up to $5 million in revenue bonds on behalf of J.C. Parry & Sons Company, Inc. to finance costs associated with the purchase of manufacturing equipment for its Halethorpe Farms Road facility. The Department advised that the Baltimore County Series 2012 revenue bonds have an outstanding balance of approximately $3.5 million, which will not be refinanced at this time.

The Maryland Economic Development Revenue Bond Act (Annotated Code of Maryland, Economic Development Article, Title 12, Subtitle 1, Sections 12-101 to 12-118) allows counties to issue economic development revenue bonds for various purposes including encouraging the increase of industry, relieving unemployment, and promoting economic development. The bond proceeds may be used to finance or refinance the costs of acquiring a facility or to refund outstanding bonds. The proceeds may also be used to pay expenses related to the sale and issuance of the bonds, to fund reserves, and to pay interest with respect to the financing. The Act provides that a legislative body of any county may adopt a resolution to authorize the issuance of bonds by the county.

MB-5 (Res. 67-17) (cont’d) August 7, 2017

A public hearing for this matter is scheduled for August 1, 2017. The Department advised that the hearing was advertised in The Baltimore Sun on July 13, 2017.

The County has established three Enterprise Zones, including Southwest, Chesapeake, and Federal Center at Woodlawn, with the goals of retaining and expanding existing companies; promoting the redevelopment of vacant properties; encouraging job creation; and revitalizing industrial areas of the County. The Enterprise Zone designation offers both a real property tax credit and an employment tax credit (State income tax credit) for the creation of new jobs. The Department advised that J.C. Parry & Sons Company, Inc. would be eligible for both tax credits.

Council Fiscal Note August 7, 2017

MB-6 (Res 68-17) Council District(s) __5__

Mr. Marks

Planned Unit Development – Towson Station

On December 19, 2016, the Council passed Resolution 113-16 which approved the review of a proposed Planned Unit Development (PUD) known as Towson Station; a copy of the fiscal note for Resolution 113-16 is attached. See Exhibit A.

Resolution 68-17 proposes to amend Resolution 113-16 by removing the authorization contained in the resolution to include a fuel service station in the PUD development. The introduction of a resolution to amend or modify a PUD is permitted by Section 32-4-242(d)(3)(ii) 2 of the Baltimore County Code.

Resolution 68-17 recites that Resolution 113-16 required that existing mature trees that surround the property were to be protected but that the County cut down approximately 30 mature trees on the property without notice to the Council or the public. It further recites that Resolution 113-16 does not have the support of the Towson community and that its continued review will undoubtedly result in protracted litigation, delaying the receipt of any financial proceeds to Baltimore County.

The approval of Resolution 68-17 will permit the continued review of the PUD without a fuel service station being a part of the development project.

Council Fiscal Note August 7, 2017

MB-7 (Res 69-17) Council District(s) __2__

Mrs. Almond

Amending the Pikesville Commercial Revitalization District

Currently, there are 18 officially designated Commercial Revitalization Districts in Baltimore County. Resolution 69‑17 amends the boundary of the Pikesville Commercial Revitalization District.

Commercial Revitalization Districts provide incentives to property owners and businesses in the districts to improve the exterior of existing buildings and to develop and redevelop underused properties. Each district is staffed by a planner from the Department of Planning who works closely with the business and property owners, business associations, and the local communities to provide a range of tools aimed at maintaining the health and vitality of neighborhood commercial areas. These tools include AArchitect-On-Call@ services, the Building Improvement Loan Program (BILP), the Commercial Revitalization Action Grant (CRAG), and potential property tax credits.

Resolution 69-17 includes the area shown in hatching on the map attached as Exhibit A. The area to be added is in common ownership or control with land already within the existing district boundary located directly to the east, and expanding the district will increase the opportunities for development or re-development of the combined areas.

This resolution shall take effect from the date of its passage by the County Council.

BALTIMORE COUNTY COUNCIL

NOTES TO THE AGENDA

APPENDIX A

Tags: Agenda, Baltimore County, Baltimore County Council, Baltimore County Schools, Council Meeting, county council, district 3, Legislation, Maryland, Pending Legislation, Public Meeting, Timonium, Towson, wade kach

Wade Kach

BALTIMORE COUNTY COUNCIL

OFFICE OF THE COUNTY AUDITOR

PAGE

LEGISLATIVE SESSION

BILLS – FINAL READING

FISCAL MATTERS

MISCELLANEOUS BUSINESS

APPENDIX

Mr. Quirk (By Req.)

Department of Planning

Final Historical Landmarks List

Mr. Quirk

Zoning Regulations – Collection Bins

Mr. Marks

Medical Cannabis Facilities – Location

Mrs. Bevins

Zoning Regulations – Assisted-Living Facilities

FM-1 (Contract) Council District(s) All

Department of Aging

Exhibit Services – Power of Age Expo

Fiscal Summary

County

Analysis

FM-1 (Contract) (cont’d) August 7, 2017

FM-1 (Contract) (cont’d) August 7, 2017

Office of Budget and Finance

Testing Underground Storage Tanks/Piping Services

Fiscal Summary

Funding Source

Maximum Compensation

Notes

County (1)

State

Federal

Other

Total

Analysis

FM-12 (2 Contract Amendments) Council District(s) All_

Office of Budget and Finance

Fiscal Summary

Funding

Source

Combined Contract

Amendments

Combined

Current Maximum Compensation

Combined Amended

Maximum Compensation

County (1)

State

Federal

Other

Total

FM-12 (2 Contract Amendments) (cont’d) August 7, 2017

Analysis

FM-12 (2 Contract Amendments) (cont’d) August 7, 2017

Fire Department

Cleaning, Repairing & Decontamination/Rental of Turnout Gear

Fiscal Summary

Funding Source

Maximum Compensation

Notes

County (1)

State

Federal

Other

Total

Analysis

FM-4 (Contract) Council District(s) __All__

Department of Environmental Protection & Sustainability

Continuous-Record Streamflow/Water Quality Gages

Fiscal Summary

Funding

Source

Notes

County (1)

State

Federal (2)

Other

County ⁽¹⁾

County ⁽¹⁾

County ⁽¹⁾

FM-4 (Contract) Council District(s) All

County ⁽¹⁾

Federal ⁽²⁾

County ⁽¹⁾

County ⁽¹⁾

County ⁽¹⁾