BALTIMORE COUNTY COUNCIL
NOTES TO THE AGENDA
LEGISLATIVE SESSION 2017
Issued: October 5, 2017
Work Session: October 10, 2017
Legislative Day No. 17 : October 16, 2017
The accompanying notes are
compiled from unaudited
information provided by
the Administration and
other sources.
OFFICE OF THE COUNTY AUDITOR
BALTIMORE COUNTY COUNCIL
October 16, 2017
NOTES TO THE AGENDA
TABLE OF CONTENTS
PAGE
LEGISLATIVE SESSION
Witnesses…………………………………………………………………. ii
BILLS – FINAL READING
NONE
FISCAL MATTERS
FM-1……………………………………………………………………………. 1
FM-2……………………………………………………………………………. 4
FM-3……………………………………………………………………………. 6
FM-4……………………………………………………………………………. 9
FM-5…………………………………………………………………………. 12
FM-6…………………………………………………………………………. 16
FM-7…………………………………………………………………………. 19
MISCELLANEOUS BUSINESS
MB-2 (Res. 89-17)……………………………………………………. 22
MB-3 (Res. 90-17)……………………………………………………. 23
APPENDIX
Correspondence (1) (a)…………………………………………….. 25
i
BALTIMORE COUNTY COUNCIL AGENDA
LEGISLATIVE SESSION 2017, LEGISLATIVE DAY NO. 17
October 16, 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
NO BILLS
APPROVAL OF FISCAL MATTERS/CONTRACTS
KEITH DORSEY, DIRECTOR, OFFICE OF BUDGET AND FINANCE
1 1. Contracts – (5) – As-needed technical service – Claims investigation and surveillance – OBF
4 2. Agreement – Baltimore County Revenue Authority – Lease of parking spaces – Towson Sq. Garage –
Public Safety employees
GEORGE GAY, DIRECTOR, OFFICE OF HUMAN RESOURCES
6 3. Contracts – (6) – In-Service Training Programs – OHR
DEBORAH RICHARDSON, DIRECTOR, DEPARTMENT OF CORRECTIONS
9 4. Contract – Phamatech Incorporated – Drug testing services – Detention Center – DOC
STEVE WALSH, DIRECTOR, DEPARTMENT OF PUBLIC WORKS
12 5. Contract – Fidelity Engineering Corporation – Maintenance/repair – generators – County facilities – DPW
16 6. Contract – Sines Excavating & Services, Inc. – Snow removal/deicing services – DPW
AMY GROSSI, REAL ESTATE COMPLIANCE
19 7. Contract – George F. Laubach, Jr. – Parcel of land–801-811, 806-820 Laubach Road, 21220-Passive open space-REC
MISCELLANEOUS BUSINESS
COUNCIL
25 1. Correspondence – (a)(3) – Non-Competitive Awards (September 13, 2017)
MATTHEW LAWRENCE, POLICE DEPARTMENT
22 2. Res. 89-17 – Mr. Quirk(By Req.) – Designation of BCPD as Primary Law Enforcement Unit –
Records/transactions of Secondhand Precious Metals
COUNCIL
23 3. Res. 90-17 – Clmbrs. Crandell & Kach – General Assembly of MD – Adoption of guidelines – public access
to body-worn camera video records
- Recommendations –Mr. Quirk(By Req.) – Baltimore County Property Tax Assessment Appeals Board
ii
Keith Dorsey Fiscal Note October 16, 2017
FM-1 (5 Contracts) Council District(s) All_
Office of Budget and Finance
Claims Investigation and Surveillance
The Administration is requesting approval of five contracts for insurance and disability claims-related surveillance and investigative services as needed. The five contractors are: Commercial Index Bureau, Inc.; Comprehensive Investigations, Inc.; Inquest, Inc.; Maryland Claims Investigation, Inc.; and Merge Investigations, Inc. Each contract commenced August 6, 2017, continues until December 4, 2017, and may not exceed $25,000 unless approved by the Council. If approved, each contract 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 90 days. The contracts do not specify a maximum compensation for the initial 1-year term. Compensation for all contractors combined may not exceed $1.8 million for the entire 5-year and 3-month term, including the renewal and extension periods.
Fiscal Summary
| Funding Source | Combined
Maximum Compensation |
Notes | ||
| County (1) | $ 1,800,000 | (1) Self-Insurance Fund or Retirement System Fund, depending on the nature of the work.
(2) Maximum compensation for all contractors combined for the entire 5-year and 3-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 | $ 1,800,000 | (2) |
Analysis
The five contractors will furnish all labor, equipment, supplies, and materials to provide insurance and disability claims-related surveillance and investigative services as needed in conjunction with
FM-1 (5 Contracts) (cont’d) October 16, 2017
the County’s administration of its self-insurance and retirement programs. Services may include: conducting video and still camera surveillance; interviewing and recording testimony of subjects/ witnesses; providing verbal and written reports; testifying in court or at a hearing; and other services as deemed appropriate. The Office advised that work will be assigned depending upon the investigator’s availability and background; contractors are not guaranteed a minimum amount of work. The blended hourly labor rates range from $63 to $67.50 depending on the contractor; mileage will be paid at no more than the IRS rate (2017 rate is $0.535 per mile).
Each contract commenced August 6, 2017, continues until December 4, 2017, and may not exceed $25,000 unless approved by the Council. If approved, each contract 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 90 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 all contractors combined may not exceed $1.8 million 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 agreements by providing 30 days prior written notice.
The County awarded the five contracts through a competitive procurement process based on experience and qualifications from nine bids received. The Office advised that as of September 29, 2017, a total of $36,555 has been expended under the five proposed contracts and estimates that an additional $10,000 may be expended prior to Council approval. The total amounts incurred to date or to be incurred prior to Council approval under the proposed contracts are unknown; an amount in excess of $25,000 for any one contract would constitute a potential violation of County Charter, Section 715.
On February 19, 2013, the Council approved six 5-year and 3-month contracts (which commenced August 6, 2012) for similar services not to exceed $500,000 for all contractors combined. The Office advised that on April 1, 2016, the County terminated for convenience two
FM-1 (5 Contracts) (cont’d) October 16, 2017
of the contracts. On September 6, 2016, the Council approved an amendment to the remaining four contracts, which increased the combined maximum compensation by $1,300,000, from $500,000 to $1,800,000, for the entire 5-year and 3-month term, including the renewal and extension periods. The contracts expired on August 5, 2017. The Office advised that $1,335,957 was expended under the six contracts as follows:
| Contractor | Total Expenditures | ||
| Maryland Claims Investigation, Inc. | $ 760,061 | ||
| Inquest, Inc. | 235,230 | ||
| Commercial Index Bureau, Inc. | 227,497 | ||
| Comprehensive Investigations, Inc. | 80,109 | ||
| Litigations Solutions, LLC | 27,901 | * | |
| Tyson Investigative Services, Inc. | 5,159 | * | |
| Total | $ 1,335,957 | ||
|
* Contracts were terminated on April 1, 2016. |
|||
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 October 16, 2017
FM-2 (Contract) Council District(s) __5_
Office of Budget and Finance
Lease of Parking Spaces – Towson Square Garage – Public Safety Employees
The Administration is requesting approval of a parking and space agreement with the Baltimore County Revenue Authority to lease 320-330 parking spaces in the Towson Square Garage. Police Department personnel will use the parking spaces during the construction of the new Public Safety Building parking garage. The contract commenced August 17, 2017 and continues through December 31, 2018. The County will pay the Revenue Authority $55 per month per parking space, with estimated compensation totaling $272,250 for the entire approximate 1-year and 4½-month contract term.
Fiscal Summary
| Funding Source | Total Compensation | Notes | ||
| County (1) | $ 272,250 | (1) General Fund Operating Budget.
(2) Estimated compensation for the entire approximate 1-year and 4½-month term. |
||
| State | — | |||
| Federal | — | |||
| Other | — | |||
| Total | $ 272,250 | (2) |
Analysis
The Baltimore County Revenue Authority will grant the County the right to use 320-330 parking spaces in its Towson Square Garage, located behind the new Towson Square complex. Police Department personnel will use the parking spaces during the construction of the new Public Safety Building parking garage. The Department expects construction will occur between October 2017
FM-2 (Contract) (cont’d) October 16, 2017
and December 2018. County personnel will have unlimited access to the parking facility from 6 a.m. to 6 p.m., Monday through Friday. The agreement states that if use of the garage extends beyond those hours, the County may be subject to additional charges or relocation of the vehicles.
On September 18, 2017, the Council approved Resolution 79-17 to accept the donation of three decommissioned school buses from Baltimore County Public Schools to transport Police Department personnel to and from the Towson Square Garage to the Public Safety Building.
The contract commenced August 17, 2017 and continues through December 31, 2018. The County will pay the Revenue Authority $55 per month per parking space, with compensation estimated to total $272,250 for the entire approximate 1-year and 4½-month term. The Revenue Authority may terminate the agreement in the event of default by the County, provided it gives the County at least 30 days prior written notice.
On July 5, 2016, the Council approved a 2-year and 3-month parking agreement estimated to total $101,250 with The Vestry of St. Thomas Church, Homestead granting the County the right to use 120 parking spaces at its property located at 1108 Providence Road for Public Safety Building employees to use as temporary parking during the renovations/improvements of the Public Safety Building parking garage. The Office of Budget and Finance advised that this location was to be used only on a temporary basis during parking garage repairs when only a small portion of the Public Safety Building parking garage was unavailable. The Office advised the agreement will terminate on November 30, 2017.
County Charter, Section 715, requires Council approval for leases of real or leasehold property in excess of $25,000 in the aggregate. Because the lease was effective prior to Council approval, we believe this may represent a violation of the aforementioned section of the Charter. However, the Office advised that costs will not be incurred before parking begins, which “would not occur before November 19, 2017.”
George Gay Fiscal Note October 16, 2017
FM-3 (6 Contracts) Council District(s) All_
Office of Human Resources
In-Service Training Programs
The Administration is requesting approval of six contracts to provide in-service training programs for County employees. The six contractors are: the Community College of Baltimore County; Civility Management Solutions, LLC; Human Advantage, Inc.; Human Resource Management Solutions, LLC; ImageWorks Training & Consulting, LLC; and Total Learning Solutions, Inc. Each contract commenced July 3, 2017, continues until October 30, 2017, and may not exceed $25,000 unless approved by the Council. If approved, each contract will continue through July 2, 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 all contractors combined may not exceed $600,000 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) | $ 600,000 | (1) General Fund Operating Budget.
(2) Maximum compensation for all 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 | $ 600,000 | (2) |
FM-3 (6 Contracts) (cont’d) October 16, 2017
Analysis
The contractors will provide the instructors, curricula, and course materials for in-service training programs for County employees as needed. The contractors will plan and develop the courses based on objectives provided by the County. The Office advised that the County will furnish the course materials for County-owned curricula (e.g., “Workplace Violence Prevention Training”). Course rates vary from $695 to $5,512 and length of instruction ranges from 3 to 24 hours. The Office also advised that most courses are scheduled as one-half to one-day seminars and include 4-6 hours of instruction. The contract provides that work will be assigned based on the contractor’s expertise and availability. Classes will be held at the Human Resources Building and at requested County sites.
The contractors, courses, and hourly rates are as follows:
|
Contractor |
Number of Course Topics | Hourly Rates for Sessions (1) | ||
| CCBC | 50 | $207.92 to $348.75 | ||
| Civility Management Solutions, LLC | 34 | $250.00 to $750.00 | ||
| Human Advantage, Inc. | 39 | $203.75 to $335.00 | ||
| Human Resource Management Solutions, LLC | 30 | $116.67 to $375.00 | ||
| ImageWorks Training & Consultants, LLC | 28 | $154.17 to $600.00 | ||
| Total Learning Solutions, Inc. | 29 | $208.33 to $283.33 | ||
|
(1) Excludes course development/customization rates, which range from $50 to $250 per hour, and will be negotiated as needed. Also excludes special courseware (e.g., Myers Briggs, Seven Habits of Highly Effective People), which range from $16 to $50 per participant. |
||||
The Office advised that 3,126 employees received in-service training in FY 2017 at a cost of $100,684.
Each contract commenced July 3, 2017, continues until October 30, 2017, and may not exceed $25,000 unless approved by the Council. If approved, each contract will continue through July 2, 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
FM-3 (6 Contracts) (cont’d) October 16, 2017
maximum compensation for the initial 1-year term. Compensation for all contractors combined may not exceed $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 – 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 competitively awarded the 6 contracts based on qualifications and experience from 14 proposals received. The Office advised that as of October 3, 2017, expenditures under the proposed contracts totaled $14,800. The Office further advised that an additional $42,945 will be incurred under the proposed contracts prior to Council approval, with no single contract exceeding $25,000 in incurred expenses.
On June 18, 2007, the Council approved six 10-year contracts for similar services. The Office advised that $973,545 was expended under the six contracts as follows:
| Contractor | Total
Expenditures |
||
| Suzanne Kondner d/b/a Human Advantage | $ 359,625 | ||
| CCBC | 351,120 | ||
| International Training Consortium, Inc. | 107,000 | ||
| inSITE Training & Development, Inc. | 89,500 | * | |
| CMK Associates, LLC | 59,100 | ||
| Nolan Group, LLC | 7,200 | ||
| Total | $ 973,545 | ||
|
* Contract was terminated for convenience on November 4, 2016. |
|||
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 October 16, 2017
FM-4 (Contract) Council District(s) All_
Department of Corrections
Drug Testing Services – Detention Center
The Administration is requesting approval of a contract with Phamatech, Incorporated to provide drug-testing services for Detention Center inmates as well as offenders participating in community-based programs (i.e., work release, house arrest, Alternative Sentencing Program). The contract commences upon Council approval, continues for 2 years, 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 120 days. The contract does not specify a maximum compensation for the initial 2-year term. Compensation may not exceed $93,000 for the entire 5-year and 4-month term, including the renewal and extension periods. See Exhibit A.
Fiscal Summary
Funding Source |
Maximum Compensation |
Notes |
|||
County (1) |
$ 93,000 | (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 2-year term.
|
|||
State |
— | ||||
Federal |
— | ||||
Other |
— | ||||
Total |
$ 93,000 | (2) | |||
Analysis
The Department will perform the initial drug tests and will send the samples that test positive to the contractor for confirmation testing. The contractor will test for alcohol and eight types of drugs (e.g., amphetamines, barbiturates, opiates, cannabinoids). The contractor is responsible for all labor, materials, equipment, and supervision necessary to transport, handle, and test specimens,
FM-4 (Contract) (cont’d) October 16, 2017
in addition to following proper chain-of-custody procedures to ensure the integrity of the specimens is not compromised. The contractor is required to provide pick-up services three times per week (Monday, Wednesday, and Friday) and submit certified test results within 72 hours after pick-up. Additionally, the contractor is required to retain positive specimens for 1 year or until any litigation is settled, whichever is longer. Unit prices are $12.45 per drug and alcohol test, $9 per buprenorphine screening, and $1 per additional substance test (for substances in addition to alcohol and the included 8 types of drugs). The Department expects that the contractor will perform approximately 1,800-2,000 drug tests per year.
The contract commences upon Council approval, continues for 2 years, 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 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 2-year term. Compensation may not exceed $93,000 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 agreement by providing 30 days prior written notice.
The County awarded the contract through a competitive procurement process based on low bid, experience, and best value from two bids received.
On September 17, 2012, the Council approved a similar 5-year and 3-month contract not to exceed $85,000 with Phamatech, Incorporated (which commenced August 7, 2012) for inmate drug-testing services. As of September 22, 2017, the County’s financial system indicated that $60,132 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….”
Steve Walsh Fiscal Note October 16, 2017
FM-5 (Contract) Council District(s) _All_
Department of Public Works
Maintenance/Repair – Generators – County Facilities
The Administration is requesting approval of a contract with Fidelity Engineering Corporation to maintain and repair generators at County-owned facilities on an as-needed basis. 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 120 days. The contract does not specify a maximum compensation for the initial 1-year term or for the entire 5-year and 4-month term, including the renewal and extension periods. Compensation may not exceed the amount appropriated for these services during the entire contract term. Estimated compensation totals $184,500 for the entire 5-year and 4-month term, including the renewal and extension periods. See Exhibit A.
Fiscal Summary
| Funding Source | Total
Compensation |
Notes | ||
| County (1) | $ 184,500 | (1) Metropolitan District and/or General Fund Operating Budget, depending on the County-owned facility.
(2) Estimated 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 or for the entire 5-year and 4-month term. Compensation may not exceed the amount appropriated for these services during the entire contract term. |
||
| State | — | |||
| Federal | — | |||
| Other | — | |||
| Total | $ 184,500 | (2) | ||
Analysis
The contractor will furnish all labor, materials, tools, equipment, and supervision needed to repair and maintain diesel, natural gas, and propane generators and related equipment at County- owned facilities, including buildings, radio tower sites, and pumping stations, on a time and
FM-5 (Contract) (cont’d) October 16, 2017
materials basis. The contractor will inspect, test, troubleshoot, and repair generators and related equipment of various manufacturers. The contract provides that the contractor must be able to provide “on-call” emergency repair services 24-hours-per-day, 365-days-per-year, and must respond to emergency requests no later than 2 hours after receiving notification by the County.
Hourly labor rates are $100 during regular hours and $150 during overtime hours/emergencies. The contractor will be compensated $100 per mobilization during regular hours and $150 during overtime hours/emergencies. The markup for parts and materials is 50% for all specified generator manufacturers except Kohler, which is 65%. In addition, the contractor will provide rental generators in the event of emergencies or when an existing generator cannot be repaired in a timely manner. The Department advised there are approximately 167 generators located in County-owned facilities, of which 82 are Kohler-brand.
The Department advised that currently, these services are being performed in-house or, if the job cannot be performed by County employees, an emergency repair by a contractor is requested. The Department also advised that the proposed contract was initiated as a result of the retirement of the County employee that handles the generator preventative maintenance and repairs, and the desire to eliminate emergency repair requests. The Department further advised that it plans to replace the employee upon retirement.
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 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 or for the entire 5-year and 4-month term, including the renewal and extension periods. Compensation may not exceed the amount appropriated for these services during the entire contract term. Estimated compensation totals $184,500 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.
FM-5 (Contract) (cont’d) October 16, 2017
The Department advised that following a competitive procurement process that yielded only one bid which was deemed non-responsive, and since time did not permit a re-bid, negotiations were initiated with Fidelity Engineering Corporation who expressed interest and had the expertise to fulfill the bid specifications. In addition, the Department advised that Fidelity Engineering Corporation has been the primary contractor used for emergency generator repairs.
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….”
Steve Walsh Fiscal Note October 16, 2017
FM-6 (Contract) Council District(s) All_
Department of Public Works
Snow Removal/Deicing Services
The Administration is requesting approval of a contract with Sines Excavating & Services, Inc. to provide on-call snow removal and salt application services. The contract commences November 1, 2017, continues through April 30, 2018, and may be automatically renewed for nine additional years (November 1 through April 30 constitutes a snow season). Compensation for this contract, together with all other contracts for these services, may not exceed the amount appropriated for snow removal and salt application services during the entire 9-year and 6-month term, including renewals.
Fiscal Summary
Funding Source |
Initial Term |
Maximum Compensation |
||||
County |
* | * | ||||
State |
— | — | ||||
Federal |
— | — | ||||
Other |
— | — | ||||
Total |
* | (1) | * | (2) | ||
|
(1) The hourly rates for the contractor are $110, $140, and $145, depending on the type of equipment provided, with no specified maximum compensation. The contract, together with all other contracts for these services, is limited in the aggregate to the amount appropriated for snow removal and salt application services. The contract amount is not reasonably estimable at this time. (2) Maximum compensation, together with all other contracts for these services for the entire 9-year and 6-month term, including renewals, may not exceed the amount appropriated for snow removal and salt application services each year. The amounts are not reasonably estimable at this time. |
||||||
FM-6 (Contract) (cont’d) October 16, 2017
Analysis
In accordance with the Department’s snow removal plan, responsibility for most Priority 1 routes (i.e., roads with traffic volumes of at least 10,000 vehicles per day) will be assigned to contractors, allowing the County to focus its efforts on subdivision streets more quickly.
The contract commences November 1, 2017, continues through April 30, 2018, and may be automatically renewed for nine additional years on the same terms and conditions, unless the County provides notice of non-renewal. A snow season begins November 1st and ends April 30th. The contract does not establish a fixed dollar amount; rather, the contract states that the compensation paid to all contractors providing snow removal and salt application services may not exceed the amount appropriated during the entire contract term. The Department advised that an estimated amount for the contract is undeterminable due to the unpredictable nature and timing of snow falls (i.e., density and depth of snow falls, number of snow falls occurring during the season). The County may terminate the agreement by providing 30 days prior written notice.
The FY 2018 budget for the Storm Emergencies Program totals $9 million, including $1.1 million for contractual snow removal services. The Department advised that FY 2017 snow removal expenditures totaled approximately $5.8 million, including approximately $2.4 million for contractual services.
The contractor will provide two 1-ton pickup trucks or small-single axle dump trucks with plows and spreaders, two backhoe/skid steers with 1 or 1½-yard buckets, and one single-axle dump truck with plow and spreader at hourly rates of $110, $140, and $145, respectively. The contractor will be paid based on the actual hours the equipment is in service, including up to 2 hours for travel time (1 hour each to and from the County highway shop). Additionally, the minimum work shift for any dispatched truck is 4 hours. The County will provide all rock salt for spreading on road surfaces.
The Office of Budget and Finance, Purchasing Division advised that the pricing and contract terms are based on similar contracts established by the State of Maryland. However, hourly rates may be changed at the time of each annual renewal based on the State rates in effect at that time. The State contract includes an additional incentive payment to the contractor after the snow season ends in the amount of $500 per truck if the contractor was available and present for all snow events. The County’s contract also includes this incentive payment.
FM-6 (Contract) (cont’d) October 16, 2017
In procuring these services, the Department requested and received a waiver of a sealed bid process from the Administrative Officer due to the competition with surrounding jurisdictions. Accordingly, the contractor was selected on a non-competitive basis.
For the 2017/2018 snow season, the Department advised that approximately 260 pieces of snow removal equipment (e.g., trucks, loaders, backhoes, and graders) are available from its Bureau of Highways and Equipment Maintenance and Bureau of Utilities, the Department of Recreation and Parks, the Department of Education, and the Office of Budget and Finance – Property Management Division. The County currently has contracts with 58 contractors, excluding this contractor, which provide approximately 279 pieces of equipment.
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….”
Amy Grossi Fiscal Note October 16, 2017
FM-7 (Contract) Council District(s)_6_
Department of Permits, Approvals and Inspections
Laubach Road – Passive Open Space
The Administration is requesting approval of a contract to acquire property totaling approximately 12.185 acres for $490,000 to be used for passive open space. George F. Laubach, Jr. currently owns the property, which is located at 801-811 (odd) and 806-820 (even) Laubach Road, f/k/a 9907 Bird River Road, in Middle River. The property is zoned DR-2 (Density Residential – 2 units per acre). See Exhibit A.
Fiscal Summary
Funding Source |
Purchase Price |
Notes |
|||
County (1) |
$ 20,000 | (1) Capital Projects Fund.
(2) Program Open Space funds. |
|||
State (2) |
470,000 | ||||
Federal |
— | ||||
Other |
— | ||||
Total |
$ 490,000 |
Analysis
Everett Benfield Advisors and Concord Appraisal Co., consultant appraisers, completed appraisals for the property on July 26, 2017, recommending values of $500,000 and $440,000, respectively. The Department advised that these two appraisals were obtained pursuant to Program Open Space policy for review by the Maryland Department of Natural Resources (DNR); the average of the two appraised values, or $470,000, will be reimbursed with Program Open Space funds. The Department further advised that the balance of the $490,000 negotiated settlement amount, or $20,000, will be paid with County funds.
FM-7 (Contract) (cont’d) October 16, 2017
The approximate 12.185-acre property to be acquired consists of 14 unimproved residential lots and non-buildable wooded parcels and is improved with a detached two-story frame dwelling of no contributory value. The contract states that the property owner will raze the dwelling prior to settlement. The Department advised that the County intends to maintain the property as passive open space.
The Department advised that this acquisition is the only one planned for this project. As of September 26, 2017, $8,115 has been expended/encumbered for this project, excluding the cost of this acquisition.
County Charter, Section 715, requires Council approval of real property acquisitions where the purchase price exceeds $5,000.
Matthew Lawrence Fiscal Note October 16, 2017
MB-2 (Res. 89-17) Council District(s) _All_
Mr. Quirk (By Req.)
Police Department
Records/Transactions of Secondhand Precious Metals
Resolution 89-17 designates the Baltimore County Police Department as the Aprimary law enforcement unit@ for the receipt of records regarding transactions involving secondhand precious metal objects.
The purpose of this resolution is to bring the County into compliance with State law regarding the Regional Automated Property Information Database (RAPID). The Maryland State Police conducts an annual audit of the Baltimore County Police Department=s use of the RAPID database. The most recent audit determined that AThe Baltimore County Police Department does not have an updated and signed copy of the county or municipal resolution as required.@
The Maryland Business Regulation Article, ” 12-301 and 12-302 require a dealer of secondhand precious metal objects to make and keep a record Aof each business transaction that involves the acquisition of a secondhand precious metal object,@ and ’12-304 of the Article requires a secondhand precious metal object dealer to submit electronically a copy of each record to the Aprimary law enforcement unit@ of the county in which the dealer holds a license; ‘ 12-101(j) of the Article defines the Aprimary law enforcement unit@ as “a police department…as designated by resolution of the county…governing body in the county in which the license is held.@
The Maryland State Police has requested that the Baltimore County Council designate the Baltimore County Police Department as the agency to receive secondhand precious metal object dealer records in order to be in compliance with State laws.
This resolution shall take effect on the date of its passage by the County Council.
Council Fiscal Note October 16, 2017
MB-3 (Res. 90-17) Council District(s) _All_
Councilmembers Crandell and Kach
Adoption of Guidelines – Public Access to Body-Worn Camera Video Records
Resolution 90-17 asks the Maryland General Assembly to consider the adoption of guidelines to govern the right of public access to body-worn camera video records.
The County adopted a program to equip Baltimore County Police officers with body-worn cameras, as well as a body-worn camera use policy for its officers. The purposes of this law enforcement tool are to improve public safety, enhance transparency, accountability and trust, reduce complaints against officers, and make prosecutors more efficient and effective.
Body-camera video is a public record, subject to release under the Maryland Public Information Act, absent any mandated redaction or exception outlined in the Act, and although transparency is of utmost importance, there are situations and locations in which the expectation of privacy must be protected and a careful balance struck between public transparency, as it relates to policing practices, and the safeguarding of personal privacy protections for victims and innocent third parties. Some minimal statewide guidance should be provided for all law enforcement agencies in order to balance these important public interests. Therefore, the County Council is requesting the Maryland General Assembly to consider the adoption of statewide legislation that will carefully regulate the manner and circumstances under which public access to body-worn camera video is allowed without trampling on the overarching goal of transparency in police/community relations.
BALTIMORE COUNTY COUNCIL
NOTES TO THE AGENDA
APPENDIX A