Baltimore County Council Agenda – WS August 29, 2017 | LS September 5, 2017

BALTIMORE COUNTY COUNCIL

NOTES TO THE AGENDA

LEGISLATIVE SESSION 2017

 

 Issued:        August 24, 2017

Work Session:       August 29, 2017

Legislative Day No.   14  :     September 5, 2017

 

The accompanying notes are

compiled from unaudited

information provided by

the Administration and

other sources.

 

                                                                                                                                                                OFFICE OF THE COUNTY AUDITOR

 

BALTIMORE COUNTY COUNCIL

September 5, 2017

NOTES TO THE AGENDA

 

TABLE OF CONTENTS

PAGE

LEGISLATIVE SESSION

 

Witnesses…………………………………………………………………. ii

 

BILLS – FINAL READING

 

Bill 46-17…………………………………………………………………….. 1

Bill 47-17…………………………………………………………………….. 4

Bill 48-17…………………………………………………………………….. 6

Bill 50-17…………………………………………………………………….. 7

 

FISCAL MATTERS

 

FM-1……………………………………………………………………………. 9

FM-2…………………………………………………………………………. 11

FM-3…………………………………………………………………………. 14

FM-4…………………………………………………………………………. 16

FM-5…………………………………………………………………………. 20

 

MISCELLANEOUS BUSINESS

 

MB-2 (Res. 73-17)……………………………………………………. 23

MB-6………………………………………………………………………… 25

APPENDIX

 

Correspondence (1) (a)…………………………………………….. 29

Correspondence (1) (b)…………………………………………….. 30

 

 

i

BALTIMORE COUNTY COUNCIL AGENDA

LEGISLATIVE SESSION 2017,  LEGISLATIVE DAY NO. 14

September 5, 2017     6:00 P.M.

 

CEB = CURRENT EXPENSE BUDGET

BY REQ. = AT REQUEST OF COUNTY EXECUTIVE

 

Page

CALL OF BILLS FOR FINAL READING AND VOTE

 

            ANDREA VAN ARSDALE, DIRECTOR, DEPARTMENT OF PLANNING

1          Bill 46-17 – Mr Quirk(By Req.) – CEB – Continuum of Care Appropriation, Permanent Supportive Housing

 

            COUNCIL

4          Bill 47-17 – Mrs. Almond – Employees Retirement System

6          Bill 48-17 – Mr. Kach – Zoning Regulations – R.C.8 (Environmental Enhancement) Zone

7          Bill 50-17 – Councilmembers Quirk & Jones – Employees Retirement System – Part-time Employees

 

APPROVAL OF FISCAL MATTERS/CONTRACTS

 

            STEVE WALSH, DIRECTOR, DEPARTMENT OF PUBLIC WORKS

9          1.  Contract – DIW Group, Inc. T/A Specialized Engineering – Material testing (soils, aggregate and Portland Cement concrete) – DPW

 

  1. GREGORY BRANCH, DIRECTOR, DEPARTMENT OF HEALTH AND HUMAN SERVICES

11         2.  Amendment #2 to Contract – Homeland Security & Management Solutions, Inc.-On-site interpretation services-HHS

 

            DEBORAH RICHARDSON, DIRECTOR, DEPARTMENT OF CORRECTIONS

14         3.  Contract – PAC Industries, Inc.-Preventative maintenance-laundry & commercial equipment-Corrections

 

            MATTHEW LAWRENCE, POLICE DEPARTMENT

16         4.  Contract – Miller Environmental Group, Inc.-biohazardous/trauma clean-up services – PD

 

            KEITH DORSEY, DIRECTOR, OFFICE OF BUDGET AND FINANCE

20         5.  Contracts – (2) – On-call electrical services – OBF

 

 

MISCELLANEOUS BUSINESS

 

            COUNCIL

29         1.  Correspondence –  (a)(2) – Non-Competitive Awards (July 25, 2017)

30                                          (b)(8) – Non-Competitive Awards (July 25, 2017)

23         2.  Res. 73-17 – Mr. Marks – Amending the Perry Hall Commercial Revitalization District

  1. Res. 74-17 – Mr. Jones – Property Tax Exemption – Blind – Tina Gross-Jones
  2. Res. 75-17 – Mrs. Almond – Property Tax Exemption – DAV – Glenn D. Turk
  3. Res. 76-17 – Mr. Jones – Property Tax Exemption – DAV – Robert Pringle

 

            ANDREA VAN ARSDALE, DIRECTOR, DEPARTMENT OF PLANNING

25         6.  Grant – Mr. Quirk(By Req.) – Prologue, Inc. – Homeless Outreach Program – 609 Baltimore Avenue, Towson

 

            COUNCIL

  1. Res. 77-17 – Mrs. Bevins – Property Tax Exemption – DAV – Walter Cancel
  2. Res. 78-17 – Mr. Jones – Property Tax Exemption – DAV – Arthur L. Warren, Jr.

 

ii

 

Andrea Van Arsdale                                 Fiscal Note                                       September 5, 2017

 

 

Bill 46-17 (Supplemental Appropriation)                                                  Council District(s) _All_

 

 

Mr. Quirk (By Req.)

 

 

Department of Planning

 

Continuum of Care Appropriation, Permanent Supportive Housing

 

 

The Administration is requesting a supplemental appropriation of federal funds totaling $254,235 to the Continuum of Care Gifts and Grants Fund program.  The funds will be used to provide rental housing assistance and case management services for homeless women and families in Baltimore County.  See Exhibit A.

 

                                                                      Fiscal Summary

 

Funding

Source

  Supplemental Appropriation   Current

Appropriation

  Total

Appropriation

 

County

State

Federal (1)

$         254,235   $      1,085,238   $         1,339,473

Other

   

Total

$         254,235 $      1,085,238 $         1,339,473
 

(1) U.S. Department of Housing and Urban Development funds.  A 25% match ($63,559) of the additional grant funds is required, which will be provided through CDBG funding ($25,000) from the County and in-kind and cash contributions ($38,559) by the sub-grantee (St. Vincent de Paul of Baltimore, Inc.).

 

Analysis

 

The Continuum of Care Program provides access to emergency and transitional shelter, permanent housing, and supportive services to persons and families who are homeless or at risk of becoming homeless.

 

 

Bill 46-17 (Supplemental Appropriation) (cont’d)                                              September 5, 2017

 

 

The proposed $254,235 supplemental appropriation will be used to provide rental housing assistance and case management services ($245,603) to homeless women and families and to support the salary costs of existing Department personnel ($8,632) who will administer the grant.  The Department advised that the proposed grant funds will provide financial support for 10 scattered-site apartments for homeless women and families with at least one disabled family member.  The program emphasizes serving chronically homeless clients.

 

The Department has selected St. Vincent de Paul of Baltimore, Inc. to provide the rental assistance and case management services.  The Department advised that a grant to St. Vincent de Paul of Baltimore, Inc. to provide these services will be submitted for Council approval through the 14-day grant notification process.  The Department also advised that in prior fiscal years, the U.S. Department of Housing and Urban Development (HUD) provided these grant funds to INNterim Housing Corporation for these services; however, INNterim Housing Corporation ceased operations as of June 30, 2017, and the County has assumed responsibility for administering these funds.

 

The grant period is September 1, 2017 through August 31, 2018.  A 25% match ($63,559) of the additional grant funding is required, which will be provided through federal CDBG funding awarded to the County ($25,000) and in-kind and cash contributions by St. Vincent de Paul of Baltimore, Inc. ($38,559).

 

With the affirmative vote of five members of the County Council, Bill 46-17 will take effect September 17, 2017.

 

Council                                                        Fiscal Note                                       September 5, 2017

 

 

Bill 47-17                                                                                                           Council District(s) _All_

 

 

Mrs. Almond

 

 

Employees Retirement System

 

 

Bill 47-17 proposes to repeal Section 5-1-306 of the County Code.

 

This section authorizes certain employees who began service with the County before July 1, 2007 to retire and return to active service with the County, if approved by the County Administrative Officer, provided that the employee returns to a previously existing position that is different than that held at the time of retirement.  If approved, the member may defer the receipt of his accrued benefit and contribute that amount to a deferral account established for that purpose.  The member may also participate in the system on terms approved by the County Administrative Officer.  On subsequent retirement, the member receives the proceeds of the deferral account and any system benefits to which he is entitled.

 

This section was added to Article 5 by the enactment of Bill 30-10, approved by the Council on May 27, 2010, effective July 1, 2010.  Bill 30-10 was a comprehensive revision of the Employees Retirement System; Section 5-1-306 was added to the bill by one of a series of amendments.

 

According to the Administration, 37 individuals have been approved under the authority of this Section for return to active service by the County Administrative Officer:

  • 33 employees receive a salary as well as their retirement benefit:
  • 22 retired police officers have returned to work as Police Assistants, allowing full-time officers to be reassigned to other duties;
  • 8 individuals, soon to be expanded to 10, are/will be working as Correctional Assistants, assigned to areas that allow full-time Correctional Officers to be reassigned to other duties;
  • 2 individuals in the Fire Department work in General Administration and Emergency Preparedness; and
  • 1 individual in the Department of Education works in management in the area of school security.

 

 

Bill 47-17 (cont’d)                                                                                                       September 5, 2017

 

 

$    4 individuals receive a salary and defer their accrued retirement benefit to a deferral account, as allowed by Section 5-1-306.  These individuals are:

  • County Executive Kamenetz;
  • Department Head Gardina;
  • Assistant County Attorney Moxley; and
  • Deputy Administrative Officer Jablon.

 

Bill 50-17 on this agenda is a companion measure to Bill 47-17 which allows individuals who retired from County Government, if selected by the Chief, Director, or Superintendent of an agency, to come back to part-time employment with a public safety agency or in a public safety role with the County.  The initial employment would be for 6 months and if extended beyond that, the employee would enter into a part-time employment agreement with the County.  The individuals may collect their pension and their part-time compensation, but would accrue no employee benefits or retirement benefits.  Bill 50-17 is intended to preserve the status of the 33 individuals mentioned above who are currently authorized under Section 5-1-306 to return to County employment while continuing to collect retirement benefits.

 

Assuming the passage of Bill 50-17, Bill 47-17 will affect only the four individuals mentioned above who receive a salary and defer their accrued retirement benefit to a deferral account.

 

With the affirmative vote of five members of the County Council and signature by the County Executive, Bill 47-17 will take effect on September 18, 2017 and apply retroactively to July 1, 2010.

 

 

Council                                                        Fiscal Note                                       September 5, 2017

 

 

Bill 48-17                                                                                                           Council District(s) _All_

 

 

Mr. Kach

 

 

Zoning Regulations – R.C. 8 (Environmental Enhancement) Zone

 

 

Bill 48‑17 proposes to clarify the density regulations for the R.C. 8 (Environmental Enhancement) Zone.

 

Currently, the density regulations for the R.C. 8 Zone are:

  • 1 to 10 acres = 1 lot;
  • 10 to 30 acres = 2 lots;
  • 30 to 50 acres = 3 lots; and
  • 51 acres or more = 0.02 lot per acre.

 

There is a slight anomaly to these density regulations, in that if a property has exactly 10 acres or exactly 30 acres or between 50 and 51 acres, it is not clear which density regulations would apply B the higher or lower number of lots or density.  In order to clarify this issue, Bill 48-17 states the density regulations as follows:

  • 1 to 10 acres = 1 lot;
  • Greater than 10 up to 30 acres = 2 lots;
  • Greater than 30 up to 50 acres = 3 lots; and
  • Greater than 50 acres = 0.02 lot per acre.

 

With the affirmative vote of five members of the County Council and signature by the County Executive, Bill 48-17 will take effect on September 18, 2017.

 

 

 

Council                                                          Fiscal Note                                         September 5, 2017

 

 

Bill 50-17                                                                                                           Council District(s) _All_

 

 

Councilmembers Quirk & Jones

 

 

Employees Retirement System – Part-time Employees

 

 

Bill 50-17 would authorize certain beneficiaries receiving a pension from the Employees Retirement System to continue to receive their pension under certain circumstances if employed by the County as a part-time employee with a public safety agency or in a public safety role.

 

The bill is a companion measure to Bill 47-17 on this agenda, which would repeal a provision of the pension law set forth in Section 5-1-306 of the County Code that currently allows certain members of the retirement system under certain conditions if approved by the Administrative Officer to return to active County service after having retired, to defer the member=s accrued benefit, and to participate again in the retirement system during the return to active County service.  The Administration has been applying this section of the pension law to approximately 33 retired individuals who have come back to part-time positions with the Police Department as Apolice assistants,@ the Department of Corrections as Acorrectional assistants,@ the Fire Department in General Administration and Emergency Preparedness, and the Department of Education working in management in the area of school security.  The difference is that these 33 individuals are not Adeferring receipt of their accrued benefit.@  They are receiving their monthly pension benefit in addition to their bi-weekly compensation for part-time work with the County or the school system.

 

The Administration is concerned that the repeal of Section 5-1-306 will adversely affect those individuals and will also put a stop to a program that, according to the Administrative Officer, has been working quite well at filling needed part-time positions at a reduced cost to the County.

 

In order to alleviate this specific issue dealing with these 33 individuals and not others currently associated with the application of Section 5-1-306, Bill 50-17 adds a new subsection to Section 5-1-236 of the County Code, which allows individuals who retired from County Government to come back as bus drivers  with Baltimore County Public Schools,  and allows retired County police

 

 

Bill 50-17 (cont’d)                                                                                                       September 5, 2017

 

 

officers to come back as uniformed security officers in County buildings B while collecting their pension and their compensation for those positions.

 

Specifically, Bill 50-17 allows individuals who retired from County Government, if selected by the Chief, Director, or Superintendent of the agency, to come back to part-time employment with a public safety agency or in a public safety role with the County.  The initial employment would be for 6 months and if extended beyond that, the employee would enter into a part-time employment agreement with the County.  The individuals could collect their pension and their part-time compensation, but would accrue no employee benefits or retirement benefits.

 

With the affirmative vote of five members of the County Council and signature by the County Executive, Bill 50-17 will take effect on September 18, 2017.

 

 

Steve Walsh                                               Fiscal Note                                       September 5, 2017

 

 

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

 

 

Department of Public Works

 

Material Testing (Soils, Aggregate, and Portland Cement Concrete)

 

 

The Administration is requesting approval of a contract with DIW Group, Inc., T/A Specialized Engineering to provide materials testing services on an as-needed basis.  The contract commences upon Council approval, continues through September 16, 2019, and will automatically renew for two additional 1-year periods.  The contract does not specify a maximum compensation for the initial approximate 2-year term.  Compensation may not exceed $57,500 for the entire approximate 4-year term, including the renewal periods.

 

 

Fiscal Summary

 

Funding Source

Maximum Compensation
 

Notes

County (1)

  $             57,500 (1) Capital Projects Funds.

(2) Maximum compensation for the entire approximate 4-year term, including the renewal periods.  The contract does not specify a maximum compensation for the initial approximate 2-year term.

State

Federal

Other

Total

  $             57,500 (2)

 

 

Analysis

 

The contractor will perform a full range of materials testing services (i.e., soils, aggregate, concrete, and asphalt) on an as-needed basis to ensure that construction materials on County-funded projects meet the requirements provided in Baltimore County’s Standard Specifications for Construction and Materials. Services will be performed in accordance with all professional standards and testing.  The Department advised that the majority of this testing will be performed on roads and utilities (water, sewer and storm drain) construction projects.  The County will transport the testing materials to the contractor’s lab in Hanover, MD.

 

 

FM-1 (Contract) (cont’d)                                                                                           September 5, 2017

 

 

Unit costs per test range from $5 to $850 depending upon the nature of the test.  The contractor will also calibrate and repair the County’s concrete air meters, gauges, seals, valves, and pumps at a cost of $200 per incident.

 

The contract commences upon Council approval, continues through September 16, 2019, and will automatically renew for two additional 1-year periods 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 2-year term.  Compensation may not exceed $57,500 for the entire approximate 4-year term, including the renewal periods.  The County may terminate the agreement by providing 30 days prior written notice.

 

This contract was awarded as a piggyback of a competitively bid State (Maryland Department of Transportation, State Highway Administration) contract.  The contract provides that the County’s two additional 1-year renewal options are conditioned upon the State exercising its renewal options.   For each of the two renewal years, the State contract allows the contractor to seek adjustments to the contract rates in accordance with certain changes in the Consumer Price Index, with the maximum allowable increase limited to 2% of the current contract prices.

 

On October 1, 2007, the Council approved a 10-year contract not to exceed $134,269 with DIW Group, Inc. d/b/a Specialized Engineering for similar services.  The County’s financial system indicated that as of August 7, 2017, expenditures/encumbrances under the contract totaled $18,333.  The Department advised that it anticipates greater use of the proposed contract than the previous contract due to various factors including an improved economy, with increased construction and more capital projects being proposed.

 

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….”

 

 

Dr. Gregory Branch/                                  Fiscal Note                                       September 5, 2017

Kevin Reed

FM-2 (Contract Amendment)                                                                        Council District(s)  All_

 

 

Department of Health and Human Services

 

On-Site Interpretation Services

 

 

The Administration is requesting a second amendment to a contract with Homeland Security & Management Solutions, Inc. DBA Dantli Corp. to continue to provide on-site, foreign language interpretation and American Sign Language services to assist non-English speaking and deaf clients during medical appointments as needed.  The proposed amendment increases the combined maximum compensation paid to the contractor, together with all other contractors awarded a contract under the same bid solicitation, by $300,000, from $550,000 to $850,000, for the entire 5-year and 3-month term.  The original contract commenced July 25, 2014.

 

Fiscal Summary

 

Funding

Source

Contract Amendment

 

Current Combined

Maximum Compensation

Amended Combined

Maximum

Compensation

County (1)

$       232,500 $           426,250

$         658,750

State (2)

48,750 89,375

138,125

Federal (3)

18,750 34,375

53,125

Other

Total

$       300,000 (4) $           550,000 $         850,000 (5)
 

(1)  General Fund Operating Budget.

(2) Maryland Department of Health, Behavioral Health Administration.

(3) U.S. Department of Agriculture funds passed through the Maryland WIC Program.

(4)  Additional compensation for the entire 5-year and 3-month term, including the renewal and extension periods.

(5) Combined maximum compensation for the entire 5-year and 3-month term, including the renewal and extension periods.

 

 

 

 

FM-2 (Contract Amendment) (cont’d)                                                                   September 5, 2017

 

 

Analysis

 

The Department of Health and Human Services advised that the proposed second amendment is necessary due to an increase in need for interpretation services.  Under the proposed amendment, the contractor will continue to provide on-site, foreign language interpretation and American Sign Language services on an as-needed basis to enable the Department to communicate medical, dental, and other information to clients.  The majority of services will be provided in a medical setting.  The contractor must be available to provide services 24 hours-per-day, 365 days-per-year, including County holidays.  The contract also allows these services to be extended to all County agencies that may require interpretation services.  The Department advised that there were approximately 1,100 interactions with the contractor in FY 2017.

 

Hourly rates for on-site interpretation services range from $45 to $54, Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding County holidays, and from $45 to $61 outside of those hours (i.e., 5:00 p.m. to 8:00 a.m., Monday through Friday, weekends, and on County holidays), depending on the language and level of notice (routine – greater than 48 hours notice; expedited – 6 to 48 hours notice; or critical – less than 6 hours notice).

 

On September 15, 2014, the Council approved the original 5-year and 3-month contract, which commenced July 25, 2014, not to exceed $200,000.  On April 6, 2015, the Council approved the first amendment to the contract, which increased the maximum compensation by $350,000 to $550,000 for this and all other similar contracts combined, for the entire 5-year and 3-month term.  The proposed amendment increases the combined maximum compensation paid to the contractor, together with all other contractors awarded a contract under the same bid solicitation, by $300,000, from $550,000 to $850,000, for the entire 5-year and 3-month term, including the renewal and extension periods.  All other terms and conditions remain the same.

 

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 – Unites 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.

 

 

FM-2 (Contract Amendment) (cont’d)                                                                   September 5, 2017

 

 

The original contract was awarded through a competitive procurement process based on low bid from four bids received, of which two bids were considered non-responsive.

 

Also, on April 6, 2015, the Council approved a second contract for on-site, foreign language interpretation and American Sign Language services with Schreiber Translation, Inc., the second lowest responsive bidder from the original contract’s procurement process.  The Department advised Schreiber Translation, Inc. was selected as a secondary contractor in order to have translators in exotic languages (e.g., Mandarin and Urdu), if needed, and if Dantli Corp. was unavailable.  The contract commenced February 9, 2015 with compensation for this contract combined with the Dantli Corp. contract not to exceed $550,000 for the entire approximate 4-year and 8½-month term, including the renewal and extension periods.  The Department also advised that there will be a similar contract amendment forthcoming for Schreiber Translation, Inc.  The Department advised that as of August 23, 2017, $4,150 has been expended under the Schreiber Translation, Inc. contract and $424,049 has been expended under the Dantli Corp. contract.

 

On July 7, 2014, the Council approved a 5-year and 3-month contract not to exceed $128,570 with Dantli Corp. to provide on-site, court-certified foreign language interpretation and transcription services (24 hours/day, 7 days/week, including County holidays) for the Police Department.  As of August 14, 2017, the County’s financial system indicated that there have not been any expenditures under the 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….”

 

 

Deborah Richardson                                Fiscal Note                                       September 5, 2017

 

 

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

 

 

Department of Corrections

 

Preventative Maintenance – Laundry & Commercial Equipment

 

 

The Administration is requesting approval of a contract with PAC Industries, Inc. to provide preventative maintenance and on-call repair services for laundry equipment (washers and dryers) in the Detention Center, animal shelters, career fire stations, and homeless shelters.  The contract commences October 30, 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 120 days.  The contract does not specify a maximum compensation for the initial 1-year term.  Compensation may not exceed $210,160 for the entire 5-year and 4-month term, including the renewal and extension periods.

 

                                                                      Fiscal Summary

 

Funding Source

Maximum Compensation
 

Notes

County (1)

  $          210,160   (1) General Fund Operating Budget.

(2) Maximum compensation for the entire 5-year and 4-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

  $          210,160 (2)

 

 

Analysis

 

The contractor will furnish all labor and materials necessary for the maintenance and repair of commercial and residential washers and dryers located at the Detention Center, animal shelters, career fire stations, and homeless shelters.  Work will be performed at an hourly rate of $142 for regular hours  and $213 for overtime hours,  and parts and materials  will be billed at a markup of

 

 

FM-3 (Contract) (cont’d)                                                                                           September 5, 2017

 

 

15%.  The contractor will provide bi-annual preventative maintenance on the commercial machines ($6,860 per year).

 

The contract commences October 30, 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 120 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 $210,160 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 agreement by providing 30 days prior written notice.

 

The County awarded the contract through a competitive procurement process; no other bids were received.

 

On September 15, 2014, the Council approved a 3-year and 3-month contract not to exceed $50,000 with PAC Industries, Inc., which commenced August 1, 2014, for the maintenance and repair of laundry equipment at the Detention Center.  On May 25, 2017, the Council approved an amendment to the contract increasing the maximum compensation by $20,000, from $50,000 to $70,000, for the entire 3-year and 3-month term.  The Department had advised that the Department of Planning and the Health Department’s Animal Services Division also utilized this contract.  As of August 17, 2017, the County’s financial system indicated that $63,377 has been expended under the 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….”

 

 

 

 

 

Matthew Lawrence                                    Fiscal Note                                      September 5, 2017

 

 

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

 

 

Police Department

 

Biohazardous/Trauma Clean-up Services

 

 

The Administration is requesting approval of a contract with Miller Environmental Group, Inc. to provide biohazard and trauma clean-up services at locations (buildings and police vehicles) within or near the boundaries of the County.  The contract commenced April 1, 2017, continues through September 30, 2017, and may not exceed $25,000 unless approved by the Council.  If approved, the contract will continue through July 31, 2018 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 1-year and 4-month term or for the entire 4-year and 7-month term of the contract, including the renewal and extension periods.  Compensation may not exceed the amount appropriated for these services during the entire contract term.  The Department advised that the compensation amount is not reasonably estimable at this time due to the unpredictable nature of these services.  See Exhibit A.

 

                                                                      Fiscal Summary

 

Funding Source   Initial

Term

  Total

Compensation

 
County (1) $                      *   $                           *
State
Federal
Other
Total $                      * (2) $                           * (3)
 

(1) General Fund Operating Budget.

(2) The Department is unable to provide an estimated compensation for the initial 1-year and 4-month term.  The contract does not specify a maximum compensation for the initial 1-year and 4-month term.

(3) The Department is unable to provide an estimated compensation for the entire 4-year and 7-month term, including the renewal and extension periods.  The contract does not specify a maximum compensation for the entire contract term.  Compensation may not exceed the amount appropriated for these services during the entire contract term.

 

 

FM-4 Contract) (cont’d)                                                                                            September 5, 2017

 

 

Analysis

 

The contractor will furnish all labor, supervision, vehicles, materials, tools, and equipment necessary to provide biohazard and trauma clean-up services at various locations (interior and exterior of buildings and police vehicles) within or near the boundaries of the County on a time and materials basis.  The contractor must be available 24 hours-per-day, 7 days-per-week, and must respond to a clean-up site within 2 hours of being contacted.

 

Work will be performed at an hourly rate of $226.25 during regular working hours and $309.38 during overtime hours (4:00 p.m. to 7:00 a.m.).  Disposal of contaminated materials will be billed at $48.00 per container and materials cost include a 20% mark-up.  The Department advised that it had been providing these services; however, several incidents prompted the need for a skilled contractor.  On December 19, 2016, the Council approved a 5-year and 3-month contract, which commenced August 1, 2016, with Athens Bio Solutions, LLC for these services.  The Department advised that Athens Bio Solutions, LLC went out of business in April 2017.  Expenditures under the contract totaled $6,609.

 

The proposed contract commenced April 1, 2017, continues through September 30, 2017, and may not exceed $25,000 unless approved by the Council.  If approved, the contract will continue through July 31, 2018 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.  Compensation may not exceed the amount appropriated for these services during the entire contract term.  The Department advised that since these services were previously provided in-house and are unpredictable in nature, it is unable to provide an estimated compensation for the initial 1-year and 4-month term or for the entire 4-year and 7-month term, including the renewal and extension periods.  The Department advised that as of August 14, 2017, $1,310 has been expended under this contract.

 

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.

 

 

FM-4 Contract) (cont’d)                                                                                            September 5, 2017

 

 

The County awarded the contract through a competitive procurement process based on low bid from two bids received.  Miller Environmental Group, Inc. submitted the second lowest bid.  Athens Bio Solutions, LLC was the lowest bidder.

 

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….”

 

 

 

Keith Dorsey                                               Fiscal Note                                       September 5, 2017

 

 

FM-5 (2 Contracts)                                                                                      Council District(s)    All  _

 

 

Office of Budget and Finance

 

On-call Electrical Services

 

 

The Administration is requesting approval of two contracts to provide on-call electrical services at various County-owned and/or operated facilities.  The two contractors are Action Electrical Contractors, Inc. and The Crown Electric Company.  Each contract commenced August 6, 2017, continues through October 5, 2017, and may not exceed $25,000 unless approved by the Council.  If approved, the contracts will continue through August 5, 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 120 days.  The contracts do not specify a maximum compensation for the initial 1-year term.  Compensation for both contractors combined may not exceed $4,140,000 for the entire 5-year and 4-month term, including the renewal and extension periods.

 

                                                                      Fiscal Summary

 

Funding Source

Combined

Maximum Compensation

Notes

County (1)

  $        4,140,000 (1) General Fund Operating Budget and Capital Projects Fund.

(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

$        4,140,000 (2)

 

Analysis

 

The contractors will furnish all labor, materials, tools, equipment, and supervision for on-call electrical services at various County-owned and/or operated facilities on a time and materials basis.   Hourly labor rates  range from $25.00 to $75.00  for Action Electrical Contractors, Inc. and

 

 

FM-5 (2 Contracts) (cont’d)                                                                                     September 5, 2017

 

 

$25.00 to $63.80 for The Crown Electric Company, depending on the worker’s skill level and time status (regular, overtime, or night differential).  The mark-up for materials, rental equipment, and subcontracting services is 9% for Action Electrical Contractors, Inc. and 15%, 10%, and 8%, respectively, for The Crown Electric Company.  The County does not guarantee a minimum amount of work to either contractor; the assignment of work is at the County’s sole discretion.

 

Each contract commenced August 6, 2017, continues through October 5, 2017, and may not exceed $25,000 unless approved by the Council.  If approved, the contracts will continue through August 5, 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 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 $4,140,000 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 – 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 based on the two lowest responsive bids from 17 bids received; 3 bids were deemed non-responsive.  The Office advised that a third contract will be presented for Council approval at a later date.

 

Funding for these projects will not be encumbered at this time.  Rather, contract costs will be charged as specific project tasks are assigned.  The Office advised that both General Funds and Capital Projects Funds may be used since the services to be provided may be capital in nature or considered maintenance/repair services.  The Office also advised that as of August 15, 2017, no services have been incurred under the contracts.

 

On August 6, 2012, the Council approved three 5-year and 3-month contracts for similar services with  Benfield Electric Co., Inc.,  Denver-Elek, Inc.,  and Lighting Maintenance, Inc.  with  combined

 

 

FM-5 (2 Contracts) (cont’d)                                                                                     September 5, 2017

 

 

compensation not to exceed $2,000,000.  On November 3, 2014, the Council approved amendments to the three contracts, increasing the maximum combined compensation by $2,140,000 to $4,140,000.  As of August 9, 2017, the County’s financial system indicated that a total of $3,689,951 had been expended/encumbered under the three contracts as follows: $2,419,106 for Benfield Electric Co., Inc.; $973,560 for Denver-Elek, Inc.; and $297,285 for Lighting Maintenance, Inc.

 

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….”

 

 

Council                                                        Fiscal Note                                       September 5, 2017

 

 

MB-2 (Res. 73-17)                                                                                             Council District(s) _5_

 

 

Mr. Marks

 

 

Amending the Perry Hall Commercial Revitalization District

 

 

Currently, there are 18 officially designated Commercial Revitalization Districts in Baltimore County.  Resolution 73‑17 amends the boundary of the Perry Hall 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 businesses and property owners, business associations, and the local communities to provide a range of services aimed at maintaining the health and vitality of neighborhood commercial areas.  These services include AArchitect-On-Call@ services, the Building Improvement Loan Program (BILP), the Commercial Revitalization Action Grant (CRAG), and possible property tax credits.

 

Resolution 73-17 includes the two areas shown in hatching on the map attached as Exhibit A.  Expanding the district to these areas will increase the opportunities for development or re-development of the areas.

 

Resolution 73-17 will take effect from the date of its passage by the County Council.

 

 

Andrea Van Arsdale                                 Fiscal Note                                       September 5, 2017

 

 

MB-6 (Loan/Grant)                                                                                             Council District(s)_5_

 

 

Mr. Quirk (By Req.)

 

 

Department of Planning

 

Homeless Outreach Program – 609 Baltimore Avenue, Towson

 

 

The Administration is requesting approval of a conditional loan totaling $300,000 from the Department of Planning’s Community Development program to Prologue, Inc.  Prologue, Inc. will use the funds to purchase property that houses its Homeless Outreach Program, located at 609 Baltimore Avenue, in Towson.  See Exhibit A.

 

Fiscal Summary

 

Funding Source   Grant

Amount

Notes
County (1) Community Development Block Grant funds.
State  
Federal (1)   $        300,000
Other
Total $        300,000

 

 

Analysis

 

Prologue, Inc. is a nonprofit community health provider that provides outreach, intensive case management, and housing services to homeless persons of the County.  Since 1997, Prologue has operated an outreach center for homeless persons at 609 Baltimore Avenue in Towson, which it has leased from Trinity Episcopal Church for $1 per year.  The center is open three days per week and enables homeless individuals and families to access basic services such as food, clothing,  restroom  facilities,  laundry,  relief  from  the  weather,  and  internet  access  to  research

 

 

MB-6 (Loan/Grant) (cont’d)                                                                                     September 5, 2017

 

 

housing and job opportunities.  In addition, Prologue staff provide homeless persons case management and other resources.  In FY 2016, Prologue served 278 unduplicated individuals.

 

In January 2017, Trinity Episcopal Church informed Prologue that it intended to sell the property.  The church offered Prologue the right of first refusal to purchase the property and a purchase price of $300,000 was negotiated.  As of January 1, 2017, the State Department of Assessments and Taxation valued the site at $553,000.  The proposed $300,000 loan will fund the purchase of the property, allowing Prologue to provide continuity of services.

 

The Department advised that the proposed $300,000 conditional loan has a 15-year term.  Providing that Prologue continues to provide homeless services at the location for 15 years, the loan would convert to a grant.  If the property does not remain consistent with an intended HUD-eligible use during the 15-year period, the (interest-free) loan would have to be repaid to the County.

 

The grant was originally submitted as part of the 14-day grant notification process; the Council requested that the loan/grant be placed on a legislative agenda in accordance with Baltimore County Code, Section 3-10-103(e).

 

In recent years, the County has provided Prologue, Inc. grants to fund various homeless services initiatives.

 

 

BALTIMORE COUNTY COUNCIL

NOTES TO THE AGENDA

APPENDIX A