NOTICES: 1. On January 22, 2014, the Board of Estimates approved the Resolution on the Regulation of Board of Estimates Meetings and Protests, effective February 05, 2014. Pursuant to the Resolution: a. Anyone wishing to speak before the Board, whether individually or as the spokesperson of an entity must notify the Clerk of the Board in writing no later than by noon on the Tuesday preceding any Board meeting, or by an alternative date and time specified in the agenda for the next scheduled meeting. The written protest must state (1) whom you represent and the entity that authorized the representation (2) what the issues are and the facts supporting your position and (3) how the protestant will be harmed by the proposed Board action. b. Matters may be protested by a person or any entity directly and specifically affected by a pending matter or decision of the Board. In order for a protest to be considered, the protestant must be present at the Board of Estimates meeting at 9:00 A.M., Room 215 City Hall. c. A Procurement Lobbyist, as defined by Part II, Sec. 8- 8 (c) of The City Ethics Code must register with the Board of Ethics as a Procurement Lobbyist in accordance with Section 8-12 of The City Ethics Code. The full text of the Resolution is posted in the Department of Legislative Reference, the President of the Board’s web site, (http://www.baltimorecitycouncil.com/boe_agenda.htm) and the Secretary to the Board’s web site (http://www.comptroller. baltimorecity.gov/BOE.html). Submit Protests to: Attn: Clerk, Board of Estimates Room 204, City Hall 100 N. Holliday Street Baltimore, Maryland 21202 BOARD OF ESTIMATES’ AGENDA – OCTOBER 21, 2015 1. Prequalification of Contractors In accordance with the Rules for Prequalification of Contractors, as amended by the Board on October 30, 1991, the following contractors are recommended: BLD Services, LLC $ 8,000,000.00 CenKen Group, LLC $ 378,000.00 Controlled Demolition, Inc. $ 8,000,000.00 Electrico, Inc. $ 8,000,000.00 Handon Services, Inc. $ 540,000.00 Interior Specialists, Inc. $ 8,000,000.00 IronShore Contracting, LLC $ 8,000,000.00 J.F. Fischer, Inc. $ 82,143,000.00 Powell’s Trucking Company, Inc. $ 1,500,000.00 Spears Mechanical Contractors, Inc. $ 1,242,000.00 Tilt Up Construction, Inc. $ 1,500,000.00 Tuckman-Barbee Construction Co., Inc. $ 8,000,000.00 2. Prequalification of Architects and Engineers In accordance with the Resolution Relating to Architectural and Engineering Services, as amended by the Board on June 29, 1994, the Office of Boards and Commissions recommends the approval of the prequalification for the following firms: Corrpro Companies, Inc. Engineer AGENDA BOARD OF ESTIMATES 10/21/2015 Employees’ Retirement System – Investment Advisory Agreement ACTION REQUESTED OF B/E: The Board of Estimates is requested by the Board of Trustees of the Employees’ Retirement System to approve and authorize execution of an Investment Advisory Agreement with Marquette Associates, Inc. (Marquette). The period of the agreement is effective November 1, 2015 through October 31, 2020. AMOUNT OF MONEY AND SOURCE: $282,000.00 annual fee paid to Marquette No General Fund monies are involved in this transaction. All fees will be expended from assets of the Employees’ Retirement System (ERS), the Elected Officials’ Retirement System (EOS), and the City Retiree Benefit Trust (OPEB) Trust. BACKGROUND/EXPLANATION: In 2008, the Board of Estimates approved the initial Investment Advisory Agreement with Marquette which expires on October 31, 2015. Facing the expiration of that agreement, the Board of Trustees (Board) underwent a nationwide search for an investment consultant. The Board narrowed the Request-For-Proposal responses to three finalists, each of whom was interviewed by the Board. The Board unanimously elected to retain Marquette for another five-year term. Marquette will continue to serve as the Investment Consultant for the ERS, the EOS, and the OPEB portfolios, which total approximately $1.6 billion, $23 million, and $437 million, respectively. MBE/WBE PARTICIPATION: MWBOO GRANTED A WAIVER. (The Investment Advisory Agreement has been approved by the Law Department as to form and legal sufficiency.) 2 AGENDA BOARD OF ESTIMATES 10/21/2015 Space Utilization Committee – 3rd Amendment to Lease Agreement ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of a 3rd Amendment to Lease Agreement with Edmondson Village, LLC, Landlord, and the City, Tenant, for the rental of a part of the property known as 4400 Edmondson Avenue, consisting of approximately 2,537 square feet and known as Suite 4538. This 3rd Amendment to Lease Agreement will extend the original lease agreement for an additional two-year term through October 31, 2017. AMOUNT OF MONEY AND SOURCE: Annual Rent Monthly Rent $38,055.00 $3,171.25 Account No.: 4000-423216-3080-294100-603013 BACKGROUND/EXPLANATION: The leased premises will be used for offices by the Baltimore City Health Department’s Women, Infants, and Children’s Program (WIC). The original lease agreement was approved by the Board on April 22, 2009 for a three year period commencing November 30, 2008 to October 31, 2011 with the option to renew for an additional two year period. The renewal was approved on October 26, 2011. An amendment to lease agreement was approved on December 21, 2011 to reflect a reduction in rental from January 1, 2012 through October 31, 2013. The second Amendment to Lease Agreement extended the lease term for an additional two-year term, commencing November 1, 2013 and terminating October 31, 2015. The Landlord will be responsible for structural repairs of the building, real estate taxes, fire insurance, security of the center, landscaping, and snow removal. The Tenant will be responsible for utilities, janitorial, trash removal, maintenance, and repairs of leased premises, security of leased premises, liability insurance under the City’s self-insured program, and telephone and computer services for the leased premises. 3 AGENDA BOARD OF ESTIMATES 10/21/2015 Space Utilization Committee – cont’d The Space Utilization Committee approved this 3rd Amendment to Lease Agreement at its meeting on September 29, 2015. APPROVED FOR FUNDS BY FINANCE (The 3rd Amendment to Lease Agreement has been approved by the Law Department as to form and legal sufficiency.) 4 AGENDA BOARD OF ESTIMATES 10/21/2015 Department of Planning – Report on Previously Approved Transfers of Funds At previous meetings, the Board of Estimates approved Transfers of Funds subject to receipt of favorable reports from the Planning Commission, the Director of Finance having reported favorably thereon, as required by the provisions of the City Charter. Today, the Board is requested to NOTE 14 favorable reports by the Planning Commission on October 8, 2015 on Transfers of Funds approved by the Board of Estimates at its meetings on September 23, 2015 and October 7, 2015. 5 AGENDA BOARD OF ESTIMATES 10/21/2015 TRANSFERS OF FUNDS * * * * * * The Board is requested to approve the Transfers of Funds listed on the following page: 7 In accordance with Charter provisions reports have been requested from the Planning Commission, the Director of Finance having reported favorably thereon. 6 AGENDA BOARD OF ESTIMATES 10/21/2015 TRANSFERS OF FUNDS AMOUNT FROM ACCOUNT/S TO ACCOUNT/S Department of Housing and Community Development 1. $201,100.60 9910-902985-9587 9910-904059-9588 UDAG Housing Develop- Byrd Properties ment – Unallocated Reserve This transfer will bring appropriations in line with the approved budget for this project. Department of General Services 2. $125,000.00 9916-906098-9194 9916-902198-9197 1st Parks and Clarence Mitchell Clarence Mitchell Public Facilities Courthouse Roof Courthouse Roof Loan - Reserve Replacement – Active The roof at the Clarence Mitchell Courthouse is aged, has chronic roof leaks, and has exceeded its useful life. A new roof needs to be designed and ultimately constructed to alleviate these conditions. Mayoralty-Related/Department of Planning 3. $100,000.00 9938-927012-9485 9938-913052-9483 1st Community & Maryland Zoo Maryland Zoo & Economic Mansion House Improvements and Development Renovations - Upgrades – Active Loan Reserve This transfer will provide funds to the Maryland Zoo in Baltimore for renovations to the first and third floor of the Mansion House. Renovations will be for administrative office space and exterior changes to maintain current code and standards for historic structures. 7 AGENDA BOARD OF ESTIMATES 10/21/2015 Mayor’s Office of Human Services – HOPWA and Continuum of Care Program Agreements_________ ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of the various agreements: HOUSING OPPORTUNITY FOR PERSONS WITH AIDS (HOPWA) PROGRAM 1. HARFORD COUNTY, MD $155,923.60 Account: 4000-490816-3571-763200-603051 The organization will provide housing assistance and supportive services to individuals or to families who have a family member with AIDS. The organization will serve 20 clients. The period of the agreement is July 1, 2015 through June 30, 2018. The agreement is late because of a delay at the administrative level. MWBOO GRANTED A WAIVER. CONTINUUM OF CARE PROGRAM AGREEMENTS 2. MARIAN HOUSE, INC. $ 68,268.50 Account: 4000-407016-3571-758300-603051 The organization will provide supportive services to 19 households. This project will provide case management services to women placed in the rental assistance program who are housed in scattered sites in the City. The adults participating in the project have histories that include any or all of the following: long-term chemical addiction, childhood abuse, sexual abuse, domestic violence, chronic mental illness, incarceration, and serious physical health issues, notably HIV/AIDS. The period of the agreement is September 1, 2015 through August 31, 2016. The agreement is late because of a delay at the administrative level. MWBOO GRANTED A WAIVER. 8 AGENDA BOARD OF ESTIMATES 10/21/2015 Mayor’s Office of Human Services – cont’d 3. HEALTH CARE FOR THE HOMELESS, INC. $141,069.00 Account: 4000-407016-3571-757900-603051 The organization will provide permanent housing and supportive services to 52 individuals. The period of the agreement is October 1, 2015 through September 30, 2016. MWBOO GRANTED A WAIVER. 4. ST. VINCENT DE PAUL OF BALTIMORE, INC. $435,805.50 Account: 4000-407016-3571-759400-603051 The organization will provide permanent housing and supportive services to 28 individuals. The period of the agreement is January 1, 2016 through December 31, 2016. MWBOO GRANTED A WAIVER. 5. ST. VINCENT DE PAUL OF BALTIMORE, INC. $469,294.50 Account: 4000-407016-3571-757100-603051 St. Vincent de Paul of Baltimore, Inc. will use funds to provide permanent housing and supportive services to 32 individuals in a Housing First model program. The period of the agreement is October 1, 2015 through September 30, 2016. MWBOO GRANTED A WAIVER. APPROVED FOR FUNDS BY FINANCE AUDITS REVIEWED (EXCEPT FOR ITEM NO. 1) AND HAD NO OBJECTION. (The agreements have been approved by the Law Department as to form and legal sufficiency.) 9 AGENDA BOARD OF ESTIMATES 10/21/2015 EXTRA WORK ORDERS * * * * * * The Board is requested to approve all of the Extra Work Orders as listed on the following page: 11 The EWOs have been reviewed and approved by the Department of Audits, CORC, and MWBOO unless otherwise indicated. 10 AGENDA BOARD OF ESTIMATES 10/21/2015 EXTRA WORK ORDERS Contract Prev. Apprvd. Time % Awd. Amt. Extra Work Contractor Ext. Compl. Department of Transportation 1. EWO #004, $28,563.72 – Project 743, Reconstruction of Annapolis Road/Waterview Avenue Interchange at MD 295 Russell Street ` $698,229.63 $220,789.36 Jacobs Engineering - - Group, Inc. 2. EWO #004, $4,223.20 – Project No. 1040, Reconstruction of the Annapolis Road Bridge of the Baltimore/Washington Parkway _________________________________________________ $ 999,821.38 $614,591.32 T.Y. Lin Inter- - - national AUDITS REVIEWED AND FOUND THE BASIS FOR COMPENSATION CONSISTENT WITH CITY POLICY. 3. EWO #009, ($46,683.27) – TR 96330, Replacement of Mount Street Bridge over Amtrak $1,834,574.60 $ 89,977.33 TCC Contracting - - Co., Inc. This authorization is necessary for payment of overrun items, deduction of amounts not paid due to the underruns or not used items, and to balance out the contract. 11 AGENDA BOARD OF ESTIMATES 10/21/2015 Mayor’s Office of Health, Human Services, – Agreement Education and Youth (MOHS) ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of an agreement with The Family League of Baltimore City, Inc. (FLBC). The period of the agreement is July 1, 2015 through June 30, 2016. AMOUNT OF MONEY AND SOURCE: $970,854.00 – 1001-000000-3850-630500-607001 The first installment will be in the amount of $242,713.50 and will be paid to the FLBC upon Board approval and $242,713.50 will be paid to the FLBC quarterly for the next three quarters of the period of the agreement. BACKGROUND/EXPLANATION: The FLBC is the City of Baltimore’s Local Management Board. It is a quasi-governmental non-profit organization that works with a range of partners to develop and implement initiatives that improve the well-being of Baltimore’s children, youth, and families. The FLBC’s work touches the lives of tens of thousands of Baltimore families each year. Under the terms of this Agreement, the funds will be used to support prenatal home visiting programs for pregnant women and women with young children at various locations in Baltimore City. It will also support the implementation of a prenatal health literacy program designed to educate women about pregnancy, build health literacy skills, increase self-efficacy, and provide social support. The FLBC’s sub-grantees are affiliated with the B’More for Healthy Babies Initiative (BHB) of the Baltimore City Health Department and will implement the Healthy Families America program, an evidence-based home visiting model. 12 AGENDA BOARD OF ESTIMATES 10/21/2015 MOHS – cont’d The intended outcomes under this agreement are (1) a reduction in poor birth outcomes for low-birth weight and premature birth and (2) a reduction in the number of infant deaths due to unsafe sleep practices. The Agreement is late because of the time needed to negotiate and finalize subcontractor budgets. MBE/WBE PARTICIPATION: N/A APPROVED FOR FUNDS BY FINANCE AUDITS REVIEWED AND HAD NO OBJECTION. (The Agreement has been approved by the Law Department as to form and legal sufficiency.) 13 AGENDA BOARD OF ESTIMATES 10/21/2015 Health Department - Notification of Grant Award ACTION REQUESTED OF B/E: The Board is requested to approve acceptance of the Notification of Grant Award (NGA) from the Maryland Department of Aging (MDoA). The period of the NGA is July 1, 2014 through June 30, 2015. AMOUNT OF MONEY AND SOURCE: $76,391.00 – 5000-591815-3044-273300-405001 BACKGROUND/EXPLANATION: The approval of this NGA will allow the Department to accept funds received from the MDoA for State funded programs. The NGA allowed Baltimore City Health Department to spend the funds by September 30, 2015. These funds provided a variety of services for older adults residing in Baltimore City. The NGA is late because it was recently received from the MDoA. APPROVED FOR FUNDS BY FINANCE AUDITS REVIEWED THE SUBMITTED DOCUMENTATION AND FOUND THAT IT CONFIRMED THE GRANT AWARD. (The Notification of Grant Award has been approved by the Law Department as to form and legal sufficiency. 14 AGENDA BOARD OF ESTIMATES 10/21/2015 Health Department – Agreements and Grant Agreement The Board is requested to approve and authorize execution of the various agreements and Grant Agreement. The period of the agreement is July 1, 2015 through June 30, 2016. RETIRED AND SENIOR VOLUNTEER PROGRAM (RSVP) 1. N.M. CARROLL MANOR, INC. $ 0.00 2. ALZHEIMER’S DISEASE AND RELATED $ 0.00 DISORDERS ASSOCIATION, INC. The Department was awarded a grant from the Corporation for National and Community Services. The grant pays 100% of the cost for the RSVP to volunteer and assist special needs clients who want to remain in their homes. While the Senior Volunteers are on duty, the grant provides for their life insurance, transportation and other benefits. The agreements are late because they were recently completed. AGREEMENTS 3. THE JOHNS HOPKINS UNIVERSITY $63,131.00 Account: 4000-499015-3023-513200-603051 The organization will provide HIV prevention through counseling and testing to all obstetric registrants. Those who are identified as HIV-infected will be enrolled into an outreach program to assist them in coping with their diagnosis and obtaining appropriate health care. The outreach staff assists HIV-infected patients with access to available health and social services in Baltimore and the surrounding counties. The period of the agreement is January 1, 2015 through December 31, 2015. The agreement is late because of a delay in receiving an acceptable budget and scope of services. MWBOO GRANTED A WAIVER. 15 AGENDA BOARD OF ESTIMATES 10/21/2015 Health Department – cont’d 4. INDEPENDENT MARYLANDERS ACHIEVING GROWTH $17,993.00 THROUGH EMPOWERMENT, INC. (IMAGE) Account: 5000-563016-3044-295900-603051 The Department receives funding from the Maryland Department of Aging for the development of an Aging and Disability Resource Center through the Area Agencies on Aging (AAA), Maryland Access Point (MAP) program. The Department will engage IMAGE to perform services in the area of MAP Enhancement for nursing home residents that want to explore the option to return to the community. The IMAGE will provide Options Counseling and Medicaid application assistance to all referred individuals between the ages of 18 through 49 who are referred to the MAP/AAA by the Department or its designees. The agreement is late because the Department was waiting on finalization of the budget and signatures from the provider. GRANT AGREEMENT 5. BALTIMORE HEALTHY START, INC. $15,000.00 Account: 1001-000000-3001-599000-603051 The purpose of this Agreement is to provide a financial contribution to the organization that will enable it to hire an executive search firm to advise and lead in the selection of a new Chief Executive Officer. APPROVED FOR FUNDS BY FINANCE AUDITS REVIEWED (EXCEPT ITEM NOS. 1 AND 2) AND HAD NO OBJECTION. (The Agreements and Grant Agreement have been approved by the Law Department as to form and legal sufficiency.) 16 AGENDA BOARD OF ESTIMATES 10/21/2015 Department of Transportation - Conduit Lease Agreement ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of a Conduit Lease agreement with PEG Bandwidth MD, LLC, Lessee. The period of the agreement is October 22, 2015 through October 22, 2016, and then will be for a period of approximately one year, and will be renewed automatically for additional one-year periods. AMOUNT OF MONEY AND SOURCE: $4,009.32 – 2024-000000-5480-259401-401980 BACKGROUND/EXPLANATION: The Lessee is a new user and this is their first request to lease conduit space in the City’s Conduit System. Their linear footage installation is 1,204 linear ft., which will be billed at $3.33 per linear foot, totaling $4,009.32. However, they will be billed $2,004.66 semi-annually. MBE/WBE PARTICIPATION: N/A APPROVED FOR FUNDS BY FINANCE (The Conduit Lease Agreement has been approved by the Law Department as to form and legal sufficiency.) 17 AGENDA BOARD OF ESTIMATES 10/21/2015 Department of Transportation – Consent of Assignment ACTION REQUESTED OF B/E: The Board is requested to approve a Consent of Assignment of Contract No. TR08308, Reconstruct East North Avenue (US Route 1) in Baltimore from Aisquith Street to Washington Street, from Daisy Concrete, Inc. of Maryland to Allan Myers MD, Inc. AMOUNT OF MONEY AND SOURCE: N/A BACKGROUND/EXPLANATION: The Department of Transportation has agreed to accept the assignment of the Contract TR08308 from Daisy Concrete, Inc. of Maryland to Allan Myers MD, Inc., subject to Board approval. MBE/WBE PARTICIPATION: N/A (The Consent of Assignment has been approved by the Law Department as to form and legal sufficiency.) 18 AGENDA BOARD OF ESTIMATES 10/21/2015 OPTIONS/CONDEMNATION/QUICK-TAKES: Owner(s) Property Interest Amount Department of Law – Payment of Settlement 1. Frances M. 1428 N. Gay F/S $ 3,500.00 Parker Street On August 13, 2014, the Board approved the acquisition of the fee simple interest in the property located at 1428 N. Gay Street for the fair market value of $19,000.00, based upon an independent appraisal to acquire the subject property interest. The owner contested the valuation. An independent appraisal report revealed that the property valuation was $22,500.00. The owner and the Mortgage Holder agreed to settle the condemnation case for $22,500.00. Therefore, the Board is requested to approve an additional $3,500.00. Funds are available in account 9910-910634-9588-900000-704040. 19 AGENDA BOARD OF ESTIMATES 10/21/2015 Parking Authority of – Amendment to Parking Facility Baltimore City (PABC) Operations and Management Agreement ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of the Amendment to Parking Facility Operations and Management Agreement with PMS Parking, Inc. and LAZ Parking Mid-Atlantic, LLC (PMS/LAZ). The amendment extends the period of the agreement through June 30, 2016. AMOUNT OF MONEY AND SOURCE: Amendment Original Agreement Account No. $220,222.00 $183,418.00 2075-000000-2321-407400-603016 Maintenance & Repair 36,000.00 36,000.00 2075-000000-2321-407400-603026 Management & Incentive 10,000.00 2,000.00 2075-000000-2321-407400-603038 $266,222.00 $221,418.00 Security BACKGROUND/EXPLANATION: On November 12, 2014, the Board approved the original agreement for the Franklin Street Garage. The original agreement was approved for the period July 1, 2014 through June 30, 2015. The compensation to PMS/LAS was based on a monthly base management fee and a calculation for the incentive fee, with reimbursement for approved operating expenses at the parking facility. This amendment requires additional funding to pay for anticipated operating expenses and compensate PMS/LAZ during the extended term using the original compensation structure. The original agreement was approved in the amount of $221,418.00. The amendment increases the agreement by $266,222.00; making the total amount of the agreement $487,640.00. The PABC, through the Bureau of Purchases solicited bids for the management of Franklin Street Parking Facility on April 15, 2015. The bids were opened by the Board on May 27, 2015 and the lowest compliant bid was presented to the Board for approval on June 17, 2015. The Board rejected the bid on July 1, 2015. Therefore, the PABC must extend the Parking Facility Operations and Management Agreement until it can be rebid. 20 AGENDA BOARD OF ESTIMATES 10/21/2015 PABC – cont’d MBE/WBE PARTICIPATION: PMS/LAZ was found to be compliant with MBE/WBE requirements. During the extension, PMS/LAZ will have 60 days to implement its approved plan for achieving past goals. Commitment Performed MBE: Admiral Elevator Co. $ 7,739.00 8.1% Watkins Security 991.00 1.0% Agency, Inc. T.E. Jeff, Inc. 2,321.00 2.4% 17% $11,051.00 11.5% WBE: Sue-Ann’s Office Supply $ 527.00 0.5% Copy Cat Acquisition 176.00 0.2% Co., LLC 9% $ 703.00 0.7% MWBOO FOUND VENDOR IN COMPLIANCE. APPROVED FOR FUNDS BY FINANCE AUDITS REVIEWED AND HAD NO OBJECTION. (The Amendment to Parking Facility Operations and Management Agreement has been approved by the Law Department as to form and legal sufficiency.) 21 AGENDA BOARD OF ESTIMATES 10/21/2015 Bureau of the Budget and – Appropriation Adjustment Order Management Research ACTION REQUESTED OF B/E: The Board is requested to approve the Appropriation Adjustment Order (AAO) to transfer Federal funds within the Baltimore City Health Department from Service 303 (Clinical Services) to Service 310 (School Health Services). AMOUNT OF MONEY AND SOURCE: $100,000.00 - From: 4000-480616-3030-294500-404001 Clinical Services (Service 303) To: 4000-480616-3100-268600-404001 School Health Services (Service 310) BACKGROUND/EXPLANATION: The transfer is necessary to support the Baltimore City U Choose Evidence-based Teen Pregnancy Prevention Program within School Health Services. The appropriation that will be debited within Clinical Services was approved via an AAO that was approved by the Board of Estimates on August 12, 2015. This previously approved AAO was a result of a new grant which was received by the Health Department and approved by the Board of Estimates on July 29, 2015. With this AAO, funding will be moved from Clinical Services to School Health Services. MBE/WBE PARTICIPATION: N/A APPROVED FOR FUNDS BY FINANCE 22 AGENDA BOARD OF ESTIMATES 10/21/2015 RECOMMENDATIONS FOR CONTRACT AWARDS/REJECTIONS * * * * * * * The Board is requested to approve award of the formally advertised contracts listed on the following page: 24 to the low bidder meeting specifications, or reject bids on those as indicated for the reasons stated. 23 AGENDA BOARD OF ESTIMATES 10/21/2015 RECOMMENDATIONS FOR CONTRACT AWARDS/REJECTIONS Department of Transportation 1. TR 01041, Edmondson REJECTION – On June 24, 2015, the Ave. Bridge Replace- Board opened five bids. During the ment over Gwynns review process, it was discovered Falls & CSX that the advertised plans were not approved by the Maryland State Highway and the Federal Highway Administrations and the bids submitted were based on outdated information. There have been a number of changes to the plan set in order to gain approval from the entities for advertisement. The Department of Transportation requests the Honorable Board’s permission to reject all bids and to re-advertise this project with the approved contract book and plan set. Department of Public Works/Department of Recreation & Parks 2. RP 15816, Cylburn Allied Contractors, Inc. $222,200.00 Arboretum – Formal Garden Improvements THE TRANSFER OF FUNDS WAS APPROVED BY THE BOARD ON OCTOBER 7, 2015. MWBOO SET GOALS OF 20% MBE AND 3% WBE. MBE: Priority Construction $44,500.00 20.02% Corporation WBE: S&L Trucking, LLC $ 6,720.00 3.02% MWBOO FOUND VENDOR IN COMPLIANCE. 24 AGENDA BOARD OF ESTIMATES 10/21/2015 INFORMAL AWARDS, RENEWALS, INCREASES TO CONTRACTS AND EXTENSIONS VENDOR AMOUNT OF AWARD AWARD BASIS Bureau of Purchases 1. 1ST CHOICE, LLC $30,368.00 Sole Bid Solicitation No. 07000 – Temporary Transcription Clerk – Baltimore City Police Department – Req. No. R706340 The period of the award is October 21, 2015 through October 20, 2016. 2. All HANDS FIRE EQUIPMENT $50,000.00 Low Bid Solicitation No. B50004321 – Provide Partner Rescue Saws and Parts – Baltimore City Fire Department – Req. No. R710363 The period of the award is November 1, 2015 through October 31, 2016 with three 1-year renewal options at the City’s discretion. 3. UNITED RENTALS (NORTH AMERICA), INC. $10,000.00 Renewal Contract No. B50003178 – Lifts-Preventative Maintenance Services – Baltimore Convention Center – Purchase Order No. P525455 On November 6, 2013, the City Purchasing Agent approved the initial award in the amount of $7,475.00. The award contained two 1-year renewal options. On November 18, 2014, the City Purchasing Agent approved an increase in the amount of $10,000.00. This renewal in the amount of $10,000.00 is for the period November 14, 2015 through November 13, 2016, with one 1-year renewal option remaining. 25 AGENDA BOARD OF ESTIMATES 10/21/2015 INFORMAL AWARDS, RENEWALS, INCREASES TO CONTRACTS AND EXTENSIONS VENDOR AMOUNT OF AWARD AWARD BASIS Bureau of Purchases 4. BROWNELLS, INCORPORATED $ 0.00 Low Bid Solicitation No. B5000319 – Gun Cleaning & Maintenance Supplies - Baltimore City Police Department – Req. No. R646530 On October 30, 2013, the City Purchasing Agent approved the initial award in the amount of $13,527.75. The award contained three 1-year renewal options. Subsequent actions have been approved. This second renewal in the amount of $0.00 is for the period October 30, 2015 through October 29, 2016 with one 1-year renewal option remaining. 5. JMT TECHNOLOGY Selected Source/ GROUP $19,167.72 Renewal Contract No.06000 - OnBase Enterprise Content Management System Software Maintenance and End User License Agreement – Department of Transportation – Req. No. R676400 On February 20, 2015, the City Purchasing Agent approved the initial award in the amount of $18,579.60. This one- year renewal option will provide the required continuity of software maintenance of the OnBase software application modules used to integrate various business applications for the Department of Transportation to manage projects such as IT, utilities, construction demolition, etc. This renewal in the amount of $19,167.72 is for the period November 1, 2015 through October 31, 2016. 6. EMD MILLIPORE Ratification, Sole CORPORATION $40,226.44 Source/Agreement Contract No. 08000 -EMD Millipore Maintenance and Repair – Department of Public Works – Req. No. R704081 The Board is requested to approve and authorize execution of an Agreement with EMD Millipore Corporation. The period of the Agreement is June 1, 2015 through May 31, 2018. 26 AGENDA BOARD OF ESTIMATES 10/21/2015 INFORMAL AWARDS, RENEWALS, INCREASES TO CONTRACTS AND EXTENSIONS VENDOR AMOUNT OF AWARD AWARD BASIS Bureau of Purchases The City’s Patapsco Water Treatment Plant includes three EMD Millipore Laboratory Water Systems, which require periodic service and maintenance with parts which are exclusively available from the original equipment manufacturer, EMD Millipore Corporation. The period of the award is June 1, 2015 through May 31, 2018. The request is late because of a miscommunication with an external agency. (The Agreement has been approved by the Law Department as to form and legal sufficiency.) 7. EDMENTUM Sole Source/ INC. $53,408.50 Agreement Contract No. 08000 – Plato Educational Software – Mayor’s Office of Employment Development – Req. No. R704994 The Board is requested to approve and authorize execution of an Agreement with Edmentum, Inc. The period of the Agreement is October 21, 2015 through October 20, 2017, with two 2-year renewal options. This award is for the purchase of a two-year Edmentum license package for Educational Plato Software Courses providing skills enhancement services for Post Secondary Academic Library, GED Test Assessment and other job skill modules. This purchase is inclusive of two years of maintenance and on-site and internet service delivery and training. It is hereby certified, that the above procurement is of such a nature that no advantage will result in seeking nor would it be practical to obtain competitive bids. Therefore, pursuant to Article VI, Section 11 (e)(i) of the City Charter, the procurement of the equipment and/or service is recommended. (The Agreement has been approved by the Law Department as to form and legal sufficiency.) 27 AGENDA BOARD OF ESTIMATES 10/21/2015 INFORMAL AWARDS, RENEWALS, INCREASES TO CONTRACTS AND EXTENSIONS VENDOR AMOUNT OF AWARD AWARD BASIS Bureau of Purchases 8. APPLIED INDUSTRIAL TECHNOLOGIES, INC. $ 0.00 Renewal Contract No. B50002654 – Industrial Bearings & Related Seals, II – Department of Public Works, Bureau of Water and Wastewater – P.O. No. P522088 On November 21, 2012, the Board approved the initial award in the amount of $175,000.00. The award contained two 1- year renewal options. On November 12, 2014, the Board approved the first renewal in the amount of $0.00. This final renewal in the amount of $0.00 is for the period November 28, 2015 through November 27, 2016. The above amount is the City’s estimated requirement. MWBOO GRANTED A WAIVER. 9. CARMEUSE LIME & STONE, INC. $500,000.00 Renewal Contract No. B50003774 – Quick Lime for Water Treatment – Department of Public Works, Bureau of Water and Wastewater – P.O. No. P529525 On November 19, 2014, the Board approved the initial award in the amount of $500,000.00. The award contained four 1- year renewal options. This renewal in the amount of $500,000.00 is for the period January 1, 2016 through December 31, 2016, with three 1-year renewal options remaining. The above amount is the City’s estimated requirement. MWBOO GRANTED A WAIVER. 28 AGENDA BOARD OF ESTIMATES 10/21/2015 INFORMAL AWARDS, RENEWALS, INCREASES TO CONTRACTS AND EXTENSIONS VENDOR AMOUNT OF AWARD AWARD BASIS Bureau of Purchases 10. USALCO, LLC $1,000,000.00 Renewal Contract No. B50002185 – Aluminum Sulfate for Water Filtration Plants – Department of Public Works, Bureau of Water and Wastewater – P.O. No. P518918 On December 7, 2011, the Board approved the initial award in the amount of $2,000,000.00. The award contained four 1-year renewal options. Three renewals have been exercised. This final renewal in the amount of $1,000,000.00 is for the period January 1, 2016 through December 31, 2016. The above amount is the City’s estimated requirement. MWBOO GRANTED A WAIVER. 11. MID ATLANTIC FOUNTAIN DESIGN AND MFG. CO., INC. $ 500,000.00 Renewal Contract No. B50001980 – Routine and Preventive Maintenance of City-owned Fountains – Department of Transportation – P.O. No. P518457 On October 12, 2011, the Board approved the initial award in the amount of $189,142.00. The award contained three 1- year renewal options. Subsequent actions have been approved. This final renewal in the amount of $500,000.00 is for the period October 12, 2015 through October 11, 2016. The above amount is the City’s estimated requirement. MWBOO SET GOALS OF 17% MBE AND 1% WBE. 29 AGENDA BOARD OF ESTIMATES 10/21/2015 INFORMAL AWARDS, RENEWALS, INCREASES TO CONTRACTS AND EXTENSIONS VENDOR AMOUNT OF AWARD AWARD BASIS Bureau of Purchases Commitment Performed MBE: Plexus Installations, 17% $31,190.74 17% Inc. WBE: The Fitch Dustdown Co. 1% $ 4,622.23 2.5% Inc. MWBOO FOUND VENDOR IN COMPLIANCE. 12. NEENAH FOUNDRY COMPANY $ 0.00 Renewal Contract No. B50002437 – Casting – Gray Iron Manhole Covers & Frames – Department of Public Works – Water/Wastewater Maintenance Division – P.O. Nos. P521925 and P521926 On November 14, 2012, the Board approved the initial award in the amount of $1,745,600.00. The award contained two 1- year renewal options. On August 27, 2014, the Board approved the first renewal in the amount of $0.00. This final renewal in the amount of $0.00 is for the period November 1, 2015 through October 31, 2016. The above amount is the City’s estimated requirement. MWBOO GRANTED A WAIVER. 13. MUNICIPAL EMERGENCY SERVICES, INC. $150,000.00 Renewal Contract No. B50003162 – Fire Hose – Baltimore City Fire Department – P.O. No. P526529 On February 26, 2014, the Board approved the initial award in the amount of $150,000.00. The award contained five 1- year renewal options. On January 28, 2015, the Board approved the first renewal in the amount of $0.00. This renewal in the amount of $150,000.00 is for the period February 26, 2016 through February 25, 2017. The above amount is the City’s estimated requirement. MWBOO GRANTED A WAIVER. 30 AGENDA BOARD OF ESTIMATES 10/21/2015 INFORMAL AWARDS, RENEWALS, INCREASES TO CONTRACTS AND EXTENSIONS VENDOR AMOUNT OF AWARD AWARD BASIS Bureau of Purchases 14. LANDMARC-SLIGO LLC $ 60,000.00 Renewal Contract No. 08000 – Sligo Pump Parts – Department of Public Works, Bureau of Solid Waste – P.O. No. P525621 On November 20, 2013, the Board approved the initial award in the amount of $100,000.00. The award contained three 1- year renewal options. On October 22, 2014, the Board approved the first renewal in the amount of $0.00. This second renewal in the amount of $60,000.00 is for the period November 20, 2015 through November 19, 2016, with one 1-year renewal option remaining. The above amount is the City’s estimated requirement. 15. MUELLER & COMPANY, LLC $100,000.00 Renewal Contract No. B50002617 – Fire Hydrant Parts – Department of Public Works, Bureau of Water and Wastewater – P.O. Nos. P521887 and P521888 On November 7, 2012, the Board approved the initial award in the amount of $350,000.00. The award contained two 1- year renewal options. On December 24, 2014, the Board approved an increase in the amount of $150,000.00. This renewal in the amount of $100,000.00 is for the period November 13, 2015 through November 15, 2016, with one 1- year renewal option remaining. The above amount is the City’s estimated requirement. MWBOO GRANTED A WAIVER. 16. RUDOLPH’S OFFICE AND COMPUTER SUPPLY, INC. $1,500,000.00 Renewal Contract No. B50002025 – OEM & Remanufactured Toner & Inkjet Cartridges – Citywide – P.O. No. P518463 On October 5, 2011, the Board approved the initial award in the amount of $900,000.00. The award contained two 1-year renewal options. Subsequent actions have been approved. 31 AGENDA BOARD OF ESTIMATES 10/21/2015 INFORMAL AWARDS, RENEWALS, INCREASES TO CONTRACTS AND EXTENSIONS VENDOR AMOUNT OF AWARD AWARD BASIS Bureau of Purchases This final renewal in the amount of $1,500,000.00 is for the period October 11, 2015 through October 10, 2017. The above amount is the City’s estimated requirement. MWBOO SET GOALS OF 5% MBE AND 2% WBE. Commitment Performed MBE: Sutherland Data Products, 5% $21,498.10 5% Ltd. WBE: All-Pro Placement Services, $ 9,964.00 2.3% Inc. Corporate Business Solutions 9,016.50 2.1% Group, Inc. 2% $18,980.50 4.4% MWBOO FOUND VENDOR IN COMPLIANCE. 17. ENERNOC, INC. $ 57,204.00 Renewal Baltimore Regional Cooperative Purchasing Committee Contract Number P-063-Consulting Services for the Electricity, Natural Gas and Energy – Department of General Services – P.O. No. P521423 On December 15, 2011, the Board approved the initial award in the amount of $57,204.00. The award contained nine 1- year renewal options. Subsequent actions have been approved. This renewal in the amount of $57,204.00 is for the period December 21, 2015 through December 20, 2016, with five 1-year renewal options remaining. 32 AGENDA BOARD OF ESTIMATES 10/21/2015 INFORMAL AWARDS, RENEWALS, INCREASES TO CONTRACTS AND EXTENSIONS VENDOR AMOUNT OF AWARD AWARD BASIS Bureau of Purchases 18. FIRST CALL P & K TUBULAR PRODUCTS, INC. SECOND CALL VALMONT INDUSTRIES, INC. $ 0.00 Renewal Contract No. B50002150 – Aluminum Street Light Poles and Accessories – Department of Transportation – P.O. Nos. P519487 and P519488 On December 7, 2011, the Board approved the initial award in the amount of $2,500,000.00. The award contained two 1- year renewal options. On September 3, 2014, the Board approved the first renewal in the amount of $0.00. This final renewal in the amount of $0.00 is for the period December 15, 2015 through December 14, 2016. The above amount is the City’s estimated requirement. MWBOO GRANTED A WAIVER. 19. TASER INTERNATIONAL, INC. $ 0.00 Renewal Contract No. B50003166 – Tasers and Related Equipment – Baltimore City Police Department – P.O. No. P525657 On November 6, 2013, the Board approved the initial award in the amount of $1,500,000.00. The award contained four 1-year renewal options. Subsequent actions have been approved. This renewal in the amount of $0.00 is for the period October 30, 2014 through October 29, 2015, with two 1-year renewal options remaining. The above amount is the City’s estimated requirement. MWBOO GRANTED A WAIVER. 33 AGENDA BOARD OF ESTIMATES 10/21/2015 INFORMAL AWARDS, RENEWALS, INCREASES TO CONTRACTS AND EXTENSIONS VENDOR AMOUNT OF AWARD AWARD BASIS Bureau of Purchases 20. LORENZ, INC. $ 65,700.00 Increase Contract No. B50002273 – Mowing, Maintenance and Land- scaping – Department of Public Works – P.O. No. P520135 On May 9, 2012, the Board approved the initial award in the amount of $156,800.00. The award contained two 2-year renewal options. Subsequent actions have been approved. This increase in the amount of $65,700.00 is necessary to fund the contract through the duration of the first renewal period as more than the normal amount of rainfall occurred during this mowing season, which resulted in the need for more cuts. The contract expires on May 8, 2016, with one 2-year renewal option remaining. The above amount is the City’s estimated requirement. MWBOO SET GOALS OF 15% MBE AND 5% WBE. Commitment Performed MBE: 4 Evergreen Lawn Care 15% $22,752.08 18.2% WBE: Fouts Lawn Care Corp., Inc. 5% $ 7,468.20 6.0% MWBOO FOUND VENDOR IN COMPLIANCE. 21. NAVMAN WIRELESS NORTH AMERICA, LTD $350,000.00 Increase Contract No. B50003586 – Automatic Vehicle Location – Mayor’s Office of Information Technology, Departments of Transportation, Public Works and General Services – P.O. No. P531132 On April 8, 2015, the Board approved the initial award in the amount of $935,532.00. This increase in the amount of 34 AGENDA BOARD OF ESTIMATES 10/21/2015 INFORMAL AWARDS, RENEWALS, INCREASES TO CONTRACTS AND EXTENSIONS VENDOR AMOUNT OF AWARD AWARD BASIS Bureau of Purchases $350,000.00 will allow the Department of Public Works to utilize an additional quantity of GPS tracking equipment with enhanced functionality, rather than the base model equipment. This increase will make the award amount $1,285,532.00. The contract expires on April 7, 2018, with three 1-year renewal options. MWBOO GRANTED A WAIVER. 22. MARYLAND INDUSTRIAL TRUCKS, INC. $2,500,000.00 Increase Contract No. 06000 – O.E.M. Parts and Service for Elgin Sweepers and Vactor Sewer Vacuum Trucks – Department of General Services – P.O. No. P526070 On January 8, 2014, the Board approved the initial award in the amount of $4,000,000.00. The award contained two 1- year renewal options. This increase is required due to an increase in repairs being performed by the vendor, as well as for the overhaul of five sweepers, at an estimated cost of $50,000.00 each. This increase will make the award amount $6,500,000.00. The contract expires on January 31, 2017, with two 1-year renewal options remaining. It is hereby certified, that the above procurement is of such a nature that no advantage will result in seeking nor would it be practical to obtain competitive bids. Therefore, pursuant to Article VI, Section 11 (e)(i) of the City Charter, the procurement of the equipment and/or service is recommended. MWBOO GRANTED A WAIVER. 35 AGENDA BOARD OF ESTIMATES 10/21/2015 INFORMAL AWARDS, RENEWALS, INCREASES TO CONTRACTS AND EXTENSIONS VENDOR AMOUNT OF AWARD AWARD BASIS Bureau of Purchases 23. MOTOROLA SOLUTIONS, INC. $2,200,000.00 Increase Contract No. 08000 – Furnish and Deliver Add-on Subscriber Radios, Mobile Data Subscribers, Parts, Accessories and Services – Baltimore Police Department, Fire Department, Departments of Public Works, Transportation and Health – P.O. No. P501308 On January 23, 2008, the Board approved the initial award in the amount of $500,000.00. The award contained two renewal options. Subsequent increases and all renewal actions have been approved. On September 9, 2015, the Board approved an increase in the amount of $1,000,000.00. This increase in the amount of $2,200,000.00 will allow for grant funded upgrades, including but not limited to platform logging upgrades, to the City’s 800 MHz communication systems. This increase will make the award amount $8,810,000.00. The contract expires on February 1, 2016. The above amount is the City’s estimated requirement. It is hereby certified, that the above procurement is of such a nature that no advantage will result in seeking nor would it be practical to obtain competitive bids. Therefore, pursuant to Article VI, Section 11 (e)(i) of the City Charter, the procurement of the equipment and/or service is recommended. 24. INTERPERSONAL Fourth Amendment FREQUENCY, LLC $ 99,330.00 to Agreement Contract No. B50003075 – City of Baltimore Website Redesign and Hosting – Mayor’s Office of Information Technology – P.O. No. P526271 The Board is requested to approve and authorize execution of the Fourth Amendment to Agreement with Interpersonal Frequency, LLC. The contract expires on January 14, 2018 with four 1-year renewal options remaining. 36 AGENDA BOARD OF ESTIMATES 10/21/2015 INFORMAL AWARDS, RENEWALS, INCREASES TO CONTRACTS AND EXTENSIONS VENDOR AMOUNT OF AWARD AWARD BASIS Bureau of Purchases On January 15, 2014, the Board approved the initial award in the amount of $286,367.00. The award contained four 1- year renewal options. Subsequent actions and three amendments have been approved. This fourth amendment will provide enhanced security of the City of Baltimore (www.baltimorecity.gov) and Baltimore City Police Department websites (www.baltimorepolice.org) against cyber attacks. It is hereby certified, that the above procurement is of such a nature that no advantage will result in seeking nor would it be practical to obtain competitive bids. Therefore, pursuant to Article VI, Section 11 (e)(i) of the City Charter, the procurement of the equipment and/or service is recommended. (The Fourth Amendment to Agreement has been approved by the Law Department as to form and legal sufficiency.) MWBOO GRANTED A WAIVER. 37 AGENDA BOARD OF ESTIMATES 10/21/2015 Police Department – Grant Adjustment Notices ACTION REQUESTED OF B/E: The Board is requested to approve and authorize acceptance of the Grant Adjustment Notices (GANs) Nos. 1, 2, and 3 from the Governor’s Office of Crime Control and Prevention (GOCCP). The GAN No. 2 extended the period of the award through September 30, 2015. AMOUNT OF MONEY AND SOURCE: $ 2,930.00 – GAN No. 1 9,700.00 – GAN No. 2 1,573.00 – GAN No. 3 $14,203.00 BACKGROUND/EXPLANATION: The GANs from the GOCCP are for the “Overtime Initiative” grant. This project provides funds to the Baltimore Police Department to assist with its initiative to suppress crime throughout Baltimore City. The funds were utilized to provide officer overtime, deploying officers in high visibility at various locations throughout Baltimore City to discourage crime and provide a safer environment. On March 4, 2015, the Board approved acceptance of the “Overtime Initiative” grant award in the amount of $100,000.00. On August 19, 2015, the Board approved a GAN which increased the original grant total by $10,247.00, making the new grant award $110,247.00. GAN No. 1 increased the award by $2,930.00, making the new grant total $113,177.00. GAN No. 2 increased the award by $9,700.00 and extended the period of the award through September 30, 2015, and made the new total $122,877.00. GAN No. 3 increased the award by $1,573.00, and made the new grant total $124,450.00. 38 AGENDA BOARD OF ESTIMATES 10/21/2015 Police Department – cont’d The GANs are late because the GAN documents were recently received. MBE/WBE PARTICIPATION: N/A APPROVED FOR FUNDS BY FINANCE AUDITS REVIEWED THE SUBMITTED DOCUMENTATION AND FOUND THAT IT CONFIRMED THE GRANT AWARDS. 39 AGENDA BOARD OF ESTIMATES 10/21/2015 Department of Public Works – Employee Expense Statement ACTION REQUESTED OF B/E: The Board is requested to approve the expense statement for Mr. William Duval for April 8, 2015. AMOUNT OF MONEY AND SOURCE: $100.00 – 2071-000000-5521-632301-603022 BACKGROUND/EXPLANATION: Mr. Duval is entitled to reimbursement of expenses incurred for his Temporary Water Treatment Class 4 License. He did not turn in his paper work in a timely manner. Mr. Duval is an apprentice and was unaware that he was eligible for reimbursement until after the 40 days from the end of April 8, 2015. The timeframe exceeded the 40 work day period for submission of the expenses to the Bureau of Accounting and Payroll Services. Mr. Duval has been made aware of the proper procedures for submitting reimbursements and other eligible activities. The Administrative Manual, in Section 240-11, states that Employee Expense Reports that are submitted more than 40 work days after the last calendar day of the month in which the expenses were incurred require Board of Estimates approval. APPROVED FOR FUNDS BY FINANCE AUDITS REVIEWED AND HAD NO OBJECTION. 40 AGENDA BOARD OF ESTIMATES 10/21/2015 Department of Public Works/Office – Amendment No. 2 to Agreement of Engineering & Construction ACTION REQUESTED OF B/E: The Board is requested to approve Amendment No. 2 to Agreement with Rummel, Klepper & Kahl, LLP (RK&K), under Project 1154.2, On-Call Storm Water Study and Engineering Design Services. The Amendment will extend the agreement through January 11, 2017. AMOUNT OF MONEY AND SOURCE: N/A BACKGROUND/EXPLANATION: The original agreement expires January 11, 2016. To continue to improve the City’s aging storm drain system, the Storm Water Engineering Office is requesting an extension. This extension will allow RK&K to continue civil engineering services to study, investigate and propose recommendations that will modify, upgrade and repair the storm water drain systems. The work will involve the inspection, serviceability assessment, and structural assessment of various drains to determine the impacts of failure and the structural condition of drain to determine a plan for maintenance and rehabilitation as part of a Capital Improvement Project. Also, the Department requests this extension of time only to complete projects that will continue past the current expiration date, like the MDE mandated Exxon Mobil rehabilitation of the Janney Run Box Culvert and 54-inch lateral storm drain. There will be no increase in the upset limit for this extension. However, all costs incurred with the rehabilitation of the Janney Run Box Culvert and the 54-inch lateral storm drain will be reimbursed to the City by Exxon Mobil. APPROVED FOR FUNDS BY FINANCE AUDITS NOTED THE TIME EXTENSION AND WILL REVIEW TASK ASSIGNMENTS. (The Amendment to Agreement has been approved by the Law Department as to form and legal sufficiency.) 41 AGENDA BOARD OF ESTIMATES 10/21/2015 Department of Public Works/Office – Task Assignment of Engineering and Construction ACTION REQUESTED OF B/E: The Board is requested to approve the Assignment of Task No. 003 to Hill-KCI Technologies, Inc. a Joint Venture, under Project No. 1404, (SC 902) On-Call Project and Construction Management Assistance Services. The period of this Task is effective upon Board approval for approximately 24-months. AMOUNT OF MONEY AND SOURCE: $307,219.20 – 9956-909602-9551-900020-705032 BACKGROUND/EXPLANATION: The Office of Engineering & Construction is in need of assistance from Hill-KCI Technologies, Inc. a Joint Venture to provide on-site inspection services on SC 902, Improvements of Dundalk Collection System for the Department of Public Works, Bureau of Water and Wastewater. The original contract will expire on June 10, 2017. MWBOO APPROVED THIS TASK ASSIGNMENT. APPROVED FOR FUNDS BY FINANCE AUDITS REVIEWED THE SUBMITTED DOCUMENTATION AND FOUND THE BASIS FOR COMPENSATION CONSISTENT WITH CITY POLICY. 42 AGENDA BOARD OF ESTIMATES 10/21/2015 Department of Public Works – Joint Funding Agreement ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of the Joint Funding Agreement with the Department of the Interior, United States Geological Survey (USGS). The period of the agreement is October 1, 2015 through September 30, 2016. AMOUNT OF MONEY AND SOURCE: $116,500.00 – 2071-000000-5181-399800-603026 46,525.00 – 2070-000000-5181-399700-603026 14,150.00 – 2071-000000-5521-632620-603026 $177,175.00 BACKGROUND/EXPLANATION: The agreement provides authorization for the continued operation and maintenance for 13 flow gauging stations located within Prettyboy, Loch Raven and Liberty Reservoir Watersheds, and Moores Run Station, in Baltimore City. Because the USGS’s fiscal year does not align with the City’s fiscal year, payments will need to be made over 2 fiscal years. The USGS has been under contract to operate the City’s Reservoir Stream Gauging Network since 1982. The data collected is used to estimate pollutant loadings and flow to the reservoirs and is vital to the City’s Reservoir Management Program. The Moores Run Station is required under the National Pollution Discharge Elimination System Permit program and has been in service since 1995. APPROVED FOR FUNDS BY FINANCE AUDITS REVIEWED AND HAD NO OBJECTION. (The Joint Funding Agreement has been approved by the Law Department as to form and legal sufficiency.) 43 AGENDA BOARD OF ESTIMATES 10/21/2015 Office of the Mayor – Employment Agreement ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of an Employment Agreement with Mr. Kevin Davis. The period of the agreement is effective upon Board approval through June 30, 2020. AMOUNT OF MONEY AND SOURCE: $200,000.00 - per year, subject to defined per annum adjustments Account No.: - 1001-000000-2041-195500-601062 BACKGROUND/EXPLANATION: Mr. Davis has served as the Interim Commissioner since July 8, 2015. His appointment as Commissioner is subject to confirmation by the City Council, which it is hoped will occur this month. During his tenure as Interim Commissioner, Mr. Davis has:  Fast-tracked the U.S. Department of Justice/Office of Civil Rights pattern or practice investigation of the Department and spearheaded proactive reform plans to be implemented prior to the release of the Department of Justice’s findings and recommendations report;  Trained and equipped Department personnel to respond professionally and comprehensively to future acts of civil disturbance;  Finalized implementation of a Body Worn Camera Pilot Program;  Refocused the Department’s rank-and-file in the wake of civil unrest to slow the pace of violence and proactively engage violent offenders;  Increased gun seizures by 44% from mid-July through September of 2015 over the same period in 2014; 44 AGENDA BOARD OF ESTIMATES 10/21/2015 Office of the Mayor – cont’d  Established BFED (Baltimore-Federal), a first-of-its-kind partnership in which federal law enforcement agents are embedded with Department homicide detectives to provide real-time assistance with interviews and analytical intelligence;  Created the “War Room”, bringing together public safety stakeholders to enhance intelligence gathering and sharing in order to bring the City’s most violent criminals to justice;  Led the development of a “History of Baltimore” curriculum for Department recruits, which will provide insights into Baltimore’s culture and include representatives from the faith, African-American, Jewish, immigrant, business, health and education communities;  Led the development of a “Foot Patrol” curriculum for Department recruits, which will engage police officers in community outreach in a non-tactical or aggressive manner;  Created the Community Collaboration Division, centralizing Neighborhood Services Unit offices under one commander with a direct line of communication to the Commissioner; and  Capitalized upon social media to enhance organizational transparency and accessibility. The Mayor and the City wish to employ Mr. Davis as the Police Commissioner of Baltimore City and Mr. Davis agrees to enter into an agreement with the City to serve as the City’s Police Commissioner. The agreement details the benefits to which Mr. Davis is entitled, including potential severance payments in the event of a “termination without cause”. APPROVED FOR FUNDS BY FINANCE (The Employment Agreement has been approved by the Law Department as to form and legal sufficiency.) 45 AGENDA BOARD OF ESTIMATES 10/21/2015 Office of the Mayor – Employment Agreement ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of the Employment Agreement for Niles R. Ford. The period of the agreement is effective upon Board approval through June 30, 2020. AMOUNT OF MONEY AND SOURCE: $183,500.00 per year, subject to defined per annum adjustments Account No.: - 1001-000000-2101-225900-601061 BACKGROUND/EXPLANATION: Mr. Ford has served as the Fire Chief since March 10, 2014, when his appointment was approved by the City Council: During his tenure as Fire Chief, Mr. Ford has:  Implemented Drive Cam technology, resulting in reduced workers compensation claims among Department personnel and fewer vehicle collisions,  Initiated high school programs that train students to become nationally certified firefighters and EMT’s,  Successfully transitioned to a new schedule that right sized the Department’s shift demands, resulting in millions in savings toward the City’s 10 Year Financial Plan,  Streamlined permit processing through the Fire Marshall’s Office,  Introduced community selected hiring of personnel where citizens interview and assist in selecting highly qualified Department personnel, 46 AGENDA BOARD OF ESTIMATES 10/21/2015 Office of the Mayor – cont’d  Promoted diversity within the Department by appointing the first female to the rank of Assistant Fire Chief,  Launched both the Dive Team and Special Operations Command, and  Spearheaded a public/private partnership to modernize several fire station kitchens for Department personnel. The Mayor and the City wish to continue to employ Mr. Ford as the Fire Chief of Baltimore City and Mr. Ford agrees to enter into an agreement with the City to serve as the City’s Fire Chief. The agreement details the benefits to which Mr. Ford is entitled, including potential severance payments in the event of a termination without cause. APPROVED FOR FUNDS BY FINANCE (The Employment Agreement has been approved by the Law Department as to form and legal sufficiency.) 47 AGENDA BOARD OF ESTIMATES 10/21/2015 Department of Housing and – Land Disposition Agreement Community Development ACTION REQUESTED OF B/E: The Board is requested to approve the Land Disposition Agreement with The Central Baptist Church of Baltimore City (Developer), for the sale of the City-owned properties located at 2019, 2021, 2023, 2025, 2035, and 2037 Booth Street and 13, 15, and 19 S. Pulaski Street. AMOUNT OF MONEY AND SOURCE: $ 500.00 – 2019 Booth Street 500.00 – 2021 Booth Street 500.00 – 2023 Booth Street 500.00 – 2025 Booth Street 500.00 – 2035 Booth Street 500.00 - 2037 Booth Street 500.00 – 13 S. Pulaski Street 500.00 – 15 S. Pulaski Street 2,500.00 - 19 S. Pulaski Street $6,500.00 BACKGROUND/EXPLANATION: The City will convey all rights, title, and interest in the properties. The Developer will purchase the vacant lots known as 2019, 2021, 2023, 2025, 2035, and 2037 Booth Street and 13, 15 S. Pulaski Street for parking and green space. The Developer will also purchase the vacant building located at 19 S. Pulaski Street for its Gift of Love Center, to distribute food, clothing, and other family services to the surrounding community. The properties are located within the Boyd-Booth Community. The purchase price and improvements to the sites will be funded privately. The authority to sell these properties is within Article 28, § 8 of the Baltimore City Code. 48 AGENDA BOARD OF ESTIMATES 10/21/2015 DHCD – cont’d STATEMENT OF PURPOSE AND RATIONALE FOR SALE BELOW THE WAIVER VALUATION PRICE: The properties are being sold for $6,500.00 total. Pursuant to Baltimore City’s Appraisal policy, the Waiver Valuation process determined the prices for the properties as listed below: 2019 Booth Street $ 653.00 2021 Booth Street 653.00 2023 Booth Street 653.00 2025 Booth Street 598.00 2035 Booth Street 598.00 2037 Booth Street 598.00 13 S. Pulaski Street 813.00 15 S. Pulaski Street 813.00 19 S. Pulaski Street 5,000.00 $10,379.00 The properties are being sold to The Central Baptist Church of Baltimore City for less than the price determined by the Waiver Valuation process because of the following reasons: 1. the greening and paving of the vacant lots and the rehabilitation of 19 S. Pulaski Street will be to the specific benefit of the immediate community, 2. elimination of blight from the block, and neighborhood, and 3. the condition of property will require extensive and immediate remediation. MBE/WBE PARTICIPATION: The Developer has agreed to comply with the Minority and Women’s Business Enterprise Program of Baltimore City. (The Land Disposition Agreement has been approved by the Law Department as to form and legal sufficiency.) 49 AGENDA BOARD OF ESTIMATES 10/21/2015 Department of Housing and – Land Disposition Agreement Community Development ACTION REQUESTED OF B/E: The Board is requested to approve the Land Disposition Agreement with Necktie SF Joint Venture, (Developer), for the sale of the City-owned properties located at 1424 Druid Hill Avenue and 503 Mosher Street, in the Upton Marble Neighborhood. AMOUNT OF MONEY AND SOURCE: $1,000.00 – 1424 Druid Hill Avenue 1,000.00 – 503 Mosher Street $2,000.00 – Purchase Price, payable at settlement BACKGROUND/EXPLANATION: The City will convey all rights, title, and interest in the properties. The project will be privately funded. The project will consist of converting and using the vacant lots for parking and Green Space. The Developer plans to invest approximately $51,889.00 into this project. The authority to sell these properties is Article 11, Section 15 of the Baltimore City and Article 28, Subtitle 8 of the Baltimore City Code (2010 Edition). STATEMENT OF PURPOSE AND RATIONALE FOR SALE DETERMINED BELOW THE WAIVER VALUATION PRICE: Not Applicable – 1424 Druid Hill Avenue and 503 Mosher Street are valued at $1,000.00 each. Pursuant to the Baltimore City Appraisal Policy, properties assessed below $2,500.00 by the State of Maryland Assessment and Taxation do not have to be appraised for value. 50 AGENDA BOARD OF ESTIMATES 10/21/2015 DHCD – cont’d MBE/WBE PARTICIPATION: The Developer will purchase these properties for a price that is less than $50,000.00 and will receive no City funds or incentives for the purchases, therefore; MBE/WBE is not applicable. (The Land Disposition Agreement has been approved by the Law Department as to form and legal sufficiency.) 51 AGENDA BOARD OF ESTIMATES 10/21/2015 Department of Housing and – Land Disposition Agreement Community Development__ ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of a Land Disposition Agreement with Keys Development, Inc. for the Sale of the City-owned properties located at 1201, 1203, 1205, and 1207 North Collington Avenue (Block 1535, Lots 031, 032, 033, and 034). AMOUNT OF MONEY AND SOURCE: $1,000.00 – 1201 N. Collington Avenue 1,000.00 – 1203 N. Collington Avenue 1,000.00 – 1205 N. Collington Avenue 1,000.00 - 1207 N. Collington Avenue $4,000.00 – Purchase Price to be paid at the time of settlement BACKGROUND/EXPLANATION: The project will consist of the vacant buildings being rehabilitated for a new community center. The properties are located in the Broadway East neighborhood. The purchase price will be financed through private funding. The authority to sell the properties located at 1201, 1203, 1205, and 1207 North Collington Avenue (Block 1535, Lots 031, 032, 033, and 034) was approved by City Council Ordinance No. 11-534 on November 22, 2011. STATEMENT OF PURPOSE AND RATIONALE FOR SALE BELOW THE WAIVER VALUATION PRICE: In accordance with the Waiver Valuation policy, the DHCD has determined that the properties located at 1201, 1203, 1205 and 1207 North Collington Avenue to be valued at $3,875.00 each and are being sold for $1,000.00 each. The vacant properties are being sold at a price below the Waiver Valuation price for the following reasons: 52 AGENDA BOARD OF ESTIMATES 10/21/2015 DHCD – cont’d  the sale will be a specific benefit for the families of that community,  the sale will eliminate blight and create jobs during reconstruction, and  the properties will be returned to the tax rolls. MBE/WBE PARTICIPATION: The Developer will purchase the property for a price that is less than $50,000.00 and will receive no City funds or incentives for the purchase or rehabilitation; therefore, MBE/WBE is not applicable. (The Land Disposition Agreement has been approved by the Law Department as to form and legal sufficiency.) A PROTEST OF THE SALE OF THE PROPERTIES WAS RECEIVED FROM MR. KYLE E. MCNAIR. 53 AGENDA BOARD OF ESTIMATES 10/21/2015 Department of Housing and – Community Development Block Community Development Grant Agreements (CDBG)____ The Board is requested to approve and authorize execution of the Community Development Block Grant Agreements. 1. GARWYN OAKS/NORTHWEST HOUSING $60,000.00 RESOURCE CENTER, INC. Accounts: 2089-208916-5930-437781-603051 $15,000.00 2089-208916-5930-437791-603051 $35,000.00 2089-208916-5930-437783-603051 $10,000.00 The purpose of this CDBG Agreement is to provide CDBG funding to subsidize the operating costs of the Subgrantee. The Subgrantee operates a housing center to provide housing counseling and activities to attract and retain homeowners in the Garwyn Oaks area by promoting the community as a viable place to live. The period of the Agreement is August 1, 2015 through July 31, 2016. MWBOO GRANTED A WAIVER. 2. THE INNOVATIVE HOUSING INSTITUTE, INC. $43,000.00 Account: 2089-208916-5930-427543-603051 The purpose of this CDBG Agreement is to provide CDBG funding to assist 90 non-elderly, disabled low and moderate-income families with one-time subsistence assistance grants through the Enhanced Leasing Assistance Program (ELAP), established in accordance with the Consent Decree entered in the Bailey v. The Housing Authority of Baltimore City and the U.S. Department of Justice v. the Housing Authority of Baltimore City. The Innovative Housing Institute is responsible for obtaining funds to cover a portion of the expenses and has requested that the Department provide CDBG funds to provide one-time subsistence assistance grants to ELAP participants. The 54 AGENDA BOARD OF ESTIMATES 10/21/2015 Department of Housing and – cont’d Community Development expenses include leasing application fees, security deposits and utility (electricity and telephone) installation fees. The period of the agreement is effective upon Board approval for one year beginning July 1, 2015. MWBOO GRANTED A WAIVER. On June 17, 2015, the Board approved the Resolution authorizing the Commissioner of the Department of Housing and Community Development (DHCD), on behalf of the Mayor and City Council, to file a Federal FY 2015 Annual Action Plan for the following formula programs: 1. Community Development Block Grant (CDBG) 2. HOME 3. Emergency Solutions Grant (ESG) 4. Housing Opportunities for Persons with AIDS (HOPWA) Upon approval of the resolution, the DHCD’s Contracts Section began negotiating and processing the CDBG Agreements as outlined in the Plan effective July 1, 2015 and beyond. Consequently, this agreement was delayed due to final negotiations and processing. APPROVED FOR FUNDS BY FINANCE AUDITS REVIEWED AND HAD NO OBJECTION. (The Community Development Block Grant Agreements have been approved by the Law Department as to form and legal sufficiency.) 55 AGENDA BOARD OF ESTIMATES 10/21/2015 Department of Housing and – Department of Audits FY 2013 Single Community Development Audit Findings on Low Income Home Energy Assistance Program – Corrective Actions The Board is requested to NOTE the Department of Housing and Community Development’s (DHCD) corrective action plan and progress achieved for each of the Audit findings. When the FY 2013 Single Audit was presented to the Board, there were concerns regarding the Low Income Home Energy Assistance Program (LIHEAP) that may have financial impact on the City. The Board requested that the DHCD provide a report as an update to the progress being made by the DHCD in resolving these findings. Finding # 2013-005 There were Missing Folders, Various Errors and Omissions Noted During Review of Audit Documentation The Department of Audits’ Recommendation: It was recommended that the DHCD resolve the foregoing total questioned costs of $44,609.00 to the satisfaction of the grantor, the U.S. Department of Health and Human Services (HHS). It was also recommended that the projected questioned costs of $6,201,821.00 be resolved in accordance with the determination of HHS. It was further recommended that the DHCD institute internal control procedures such that future energy assistance applications are properly processed and completed, benefits awarded are accurately calculated, and awards are made to only qualified individuals. Actions Taken by the DHCD: The LIHEAP has been under the management of the Mayor’s Office of Human Services (MOHS) since 2014. The DHCD no longer has ready access to the client files and other records. The DHCD has engaged CliftonLarsonAllen LLP (CLA), to assist in addressing this finding. The goal is to locate missing documentation within the files that were reviewed by the Department of Audits and to 56 AGENDA BOARD OF ESTIMATES 10/21/2015 DHCD – cont’d reconstruct the files that were determined to be missing. It is the DHCD’s belief that all recipients of program benefits were eligible to receive those benefits. To date, the following steps have been taken to resolve this finding.  Within the questioned costs of $44,609.00 there were 27 folders found to be non-compliant, totaling $16,227.00 and 24 folders that were missing, totaling $28,382.00. CLA reviewed the Office of Home Energy Programs’ database for all 51 applicant names (non-compliance errors and missing folders), obtained information that will be used to reconstruct the application, and contacted the applicants for information such as; most recent address, phone number, family members, income amounts and sources reported for the application dates in question, energy providers/account numbers, and whether the applicant received benefits in 2014 or 2015.  CLA reviewed the Maryland Department of Assessments and Taxation website at http://sdat.resiusa.org/RealProperty/Pages/default.aspx to identify applicants listed as the owners of the properties used on the application as this was identified in the energy assistance program manual as an acceptable method to verify residency.  CLA mailed certified letters to the 24 missing folder applicants on October 1st requesting any information not previously obtained through other sources. CLA began calling the applicants on October 7th 2015, to ensure the applicants received the letters and inquire whether they have any questions about the information requested.  CLA has collected 39 items or 27% of the missing documents related to the 24 missing folders. Continued efforts will begin on the 27 folders that were cited with non-compliant documentation. 57 AGENDA BOARD OF ESTIMATES 10/21/2015 DHCD – cont’d CLA and the DHCD are and will continue to be fully engaged in locating missing documentation and reconstructing missing folders in an effort to resolve this finding. Finding # 2013-011 Costs were Questioned Due to Duplicate Payments and Benefits Paid for Client Addresses Outside Baltimore City The Department of Audits’ Recommendation: It was recommended that the DHCD resolve the foregoing questioned costs of $33,953.00 to the satisfaction of the grantor, the U.S. Department of Health and Human Services (HHS). It was also recommended that the program institute internal control procedures such that energy assistance payments are not duplicated or made for non-City addresses. Action Taken by the DHCD: Within the questioned costs of $33,953.00 there were 33 client records cited for duplicate payments totaling $13,651.00 and 36 client payments for addresses outside of Baltimore City totaling $20,302.00. On August 20, 2015, the DHCD wrote to the Director of the Office of Home Energy Programs (OHEP) for the State of Maryland, requesting confirmation that the above cited questioned costs had been cleared. On September 3, 2015, the Director of OHEP wrote to the Commissioner of Baltimore Housing and Community Development stating that because of layers of check-and-balance, the State believes that duplicate payments were unlikely and if provided the list of suspected duplicate payments prepared by the City’s Department of Audits, the State would verify that all payments have been properly reconciled. The DHCD provided the State with the suspected duplicate payments to clients and on October 7, 2015, the State OHEP Director responded stating that their review showed that with 58 AGENDA BOARD OF ESTIMATES 10/21/2015 DHCD – cont’d the exception of two payments requiring further review, no duplicate payments were made for the 31 client folders. One of the remaining questioned costs was for a bulk fuel vendor payment, whose refund record is typically handled by the local administering agency rather than the State. The second remaining questioned cost was for two separate applicants at the same address with different social security numbers and date of births. This is not a duplicate payment but rather DHCD will follow up to determine whether it warrants referral to the State for potential fraud. Also included in the September 3, 2015, response from the State Director of OHEP, was confirmation that the State has no concerns regarding the 36 eligible clients with addresses outside of the City. The State OHEP stated that they will be revising language in Section 4.6.1.2 of its Operational Manual cited in the Baltimore City audit to avoid any confusion on this matter. With the State’s responses as discussed above, the DHCD believes that this finding should be closed. Finding #2013-017 There were Weaknesses in Several Internal Control Areas The Department of Audits’ Recommendation: It was recommended that the DHCD improve the internal controls over the LIHEAP program. Specifically,  Organization and storage procedures should be improved to protect the client files and the personal information contained in them. 59 AGENDA BOARD OF ESTIMATES 10/21/2015 DHCD – cont’d  A check log should be maintained that accounts for every check number and payee. Bank reconciliations should be prepared monthly. A running book balance should be maintained for the bank account. The check signers should review the checks and supporting documentation prior to the printing of their electronic signatures.  Client applications should be completed in accordance with the program’s regulations, including reviews and signatures by separate intake and certifier personnel. Action Taken by the DHCD LIHEAP is now under the management of the MOHS. The DHCD will work with the MOHS to eliminate the weaknesses in internal controls cited by the Department of Audits. Continued progress would be followed up by MOHS. Finding #2013-018 Widespread Discrepancies in the Client Application Process The Department of Audits’ Recommendation: It was recommended that the program institute internal control procedures such that future energy assistance applications are properly processed, completed and maintained, benefits are awarded only to qualified individuals, and benefits awarded are accurately calculated. Action Taken by the DHCD LIHEAP is now under the management of MOHS. DHCD will assist MOHS to address the discrepancies in the application process cited by the Department of Audits. Continued progress would be followed up by MOHS. 60 AGENDA BOARD OF ESTIMATES 10/21/2015 Department of Audits – Response to the Report of the Department of Housing and Community Development The Board is requested to NOTE receipt of the Department of Audit’s response to the report of the Department of Housing and Community Development (DHCD). On April 29, 2015, the Department of Audits presented the Fiscal Year 2013 Single Audit of the City of Baltimore for the Low Income Home Energy Assistance Program (CFDA Number 93.568). As requested by the Board of Estimates, the Department of Housing and Community Development has provided an update on the corrective actions taken on the audit findings. The Department of Audits has reviewed the corrective actions taken by the DHCD and the results of the Department of Audits review are as follows: Finding Number 2013-005: Missing Folders, Various Errors and Omissions Were Noted During Our Review of Program Documentation The Department of Audits recommended that the DHCD resolve the known questioned costs of $44,609.00 to the satisfaction of the grantor, the U.S. Department of Health and Human Services (HHS). Audits also recommended that the likely questioned costs of $6,201,821.00 be resolved in accordance with the determination of HHS. The DHCD stated that they have engaged an accounting firm to assist in resolving this portion of the finding. Once this process is completed, the Department of Audits will review the DHCD’s efforts to resolve this finding and report its results to the Board of Estimates. Finding Number 2013-011: Costs Were Questioned Due to Duplicate Payments and Benefits Paid for Client Addresses Outside Baltimore City The Department of Audits recommended that the DHCD resolve the questions costs of $33,953.00 to the satisfaction of the grantor, the U.S. Department of Health and Human Services (HHS). The Department of Audits also recommended that the program institute internal control procedures such that energy assistance payments 61 AGENDA BOARD OF ESTIMATES 10/21/2015 Dept. of Audits – cont’d are not duplicated or made to non-City addresses. The DHCD stated that it has contacted the Maryland Director of the Office of Home Energy Programs (OHEP) and confirmed that these questioned costs have been cleared. When the DHCD presents the Department Audits with written documentation that the State Director of OHEP has cleared this finding, the Department of Audits will report back to the Board of Estimates on the resolution. Finding Number 2013-017: Weaknesses Were Noted in Several Internal Control Areas The Department of Audits recommended that the DHCD improve the internal controls over the LIHEAP program. Specifically,  Organization and storage procedures should be improved to protect the client files and the personal information contained in them.  A check log should be maintained that accounts for every check number and payee. Bank reconciliations should be prepared monthly. A running book balance should be maintained for the bank account. The check signers should review the checks and supporting documentation prior to the printing of their electronic signatures.  Client applications should be completed in accordance with the program’s regulations, including reviews and signatures by separate intake and certifier personnel. The DHCD stated that the LIHEAP is now under the management of the Mayor’s Office of Human Services (MOHS) and that the DHCD would work with the MOHS to correct the weaknesses. Once additional internal controls have been identified and implemented for this program, the Department of Audits will review and report its results to the Board of Estimates. 62 AGENDA BOARD OF ESTIMATES 10/21/2015 Dept. of Audits – cont’d Finding Number 2013-018: Widespread Discrepancies Were Noted in the Client Application Process The Department of Audits recommended that the program institute internal control procedures such that future energy assistance applications are properly processed, completed and maintained, benefits are awarded only to qualified individuals, and benefits awarded are accurately calculated. The DHCD stated that the LIHEAP is now under the management of the Mayor’s Office of Human Services (MOHS) and that the DHCD would work with the MOHS to correct the weaknesses. Once additional internal controls have been identified and implemented for this program, the Department of Audits will review and report its results to the Board of Estimates. 63 AGENDA BOARD OF ESTIMATES 10/21/2015 CITY COUNCIL BILL: 15-0551 – An Ordinance concerning Franchise – Crown Castle NG Atlantic LLC, for the purpose of granting a franchise to Crown Castle NG Atlantic LLC, a Virginia limited liability company, to construct, install, maintain, repair, operate, relocate, replace, and remove certain facilities relating to the provision of a Distributed Antenna Systems services in and across certain streets and public ways, subject to certain terms and conditions; and providing for a special effective date. The Law Department reports as follows: The exercise of this franchise Ordinance is conditioned on Crown Castle executing a separate Attachment A greement with the City. The submitted agreement governs the actual attachments that will be used on City poles. In contrast, and pursuant to Article VIII of the City Charter, Council Bill 15-0551 concerns matters pertaining to Crown Castle's use of the City’s r ight-of-way. Article VIII of the Baltimore City Charter requires that a b ill granting a franchise be referred to the Board of Estimates after t h e first reading, City Charter, Article VIII, § 2. The Board of Estimates is empowered to change both the proposed compensation to be paid t o the City and the conditions under which the franchise is granted. Id. Further- more, the Board of Estimates must approve by vote or resolution the compensation and terms of the franchise and these are to be attached to the bill before the bill can be enacted. Id. If the above procedural requirements are met, the bill will be in accordance with Article VIII of the Baltimore City Charter and the Law Department will approve the bill for form and legal sufficiency. 64 AGENDA BOARD OF ESTIMATES 10/21/2015 CITY COUNCIL BILL 15-0551: - cont’d Nonetheless, the Law Department seeks two amendments. First, the Department recommends to limit the franchise to facilities used only to transmit and receive smartphones communications - nothing broader. Furthermore, the Law Department points out that the bill, as drafted, requires Crown Castle to use City-owned conduit for its cellular services. Crown Castle, however, reports that City conduit may not be used in some instances. The second amendment states that Crown Castle agrees to pay a fee, as may be provided in a separate attachment agreement, when the company fails to use City conduit. The proposed amendments are as follows: Amendment 1 Page 5, line 19. Delete the comma after the word "transmission" and add the word "AND". After the word "transport" delete the phrase "and other communication-related services" and substitute "OF COMMERICAL MOBILE RADIO SERVICES AND PRIVATE MOBILE SERVICES, AS THOSE TERMS ARE DEFINED IN 47 U.S. CODE § 332," Amendment 2 Page 8, line 12. After the period, delete the phrase "All such construction" and insert: "IF THE FRANCHISEE ELECTS NOT TO USE OR CAUSE THE CONSTRUCTION OF CITY-OWNED CONDUIT, THE FRANCHISEE AGREES TO PAY AN ADDITIONAL FEE, AS MAY BE REQUIRED FOR LICENSES, LEASES OR OTHER AGREEMENTS PERMITTING THE ATTACHMENT OF FACILITIES TO CITY-OWNED STREET LIGHTS AND OTHER STRUCTURES. ANY CONSTRUCTION PERFORMED PURSUANT TO THIS SECTION" ALL OTHER REPORTS RECEIVED WERE FAVORABLE. FRANCHISE FEE – For the right to construct, install, maintain, repair, operate, replace and remove network facilities in the Public Way, Franchisee shall pay to the city a Franchise Fee in the amount of $100.00 per year. 65 AGENDA BOARD OF ESTIMATES 10/21/2015 Department of Transportation - Developer’s Agreement No. 1205 ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of Developer’s Agreement No. 1205 with Huber Memorial Church, Inc. AMOUNT OF MONEY AND SOURCE: $112,637.45 BACKGROUND/EXPLANATION: The Developer would like to install various new utilities to their proposed renovations. This Developer’s Agreement will allow the organization to do its own installation in accordance with Baltimore City Standards. A Performance Bond in the amount of $112,637.45 has been issued to Huber Memorial Church, Inc., which assumes 100% of the financial responsibility. MBE/WBE PARTICIPATION: N/A (The Developer’s Agreement No. 1205 has been approved by the Law Department as to form and legal sufficiency.) 66 AGENDA BOARD OF ESTIMATES 10/21/2015 TRAVEL REQUEST Fund Name To Attend Source Amount Health Department 1. Patricia L. 2015 National Dental $1,348.86 Bell-McDuffie, Primary Oral Health Care DDS Conference Collections Indianapolis, IN Nov. 16 – 18, 2015 (Reg. Fee $599.00) The transportation and registration fee was prepaid using a City-issued credit card assigned to Ms. Whitney Tantleff. The Department is requesting additional subsistence in the amount of $15.00 per day to cover the cost of meals and incidentals. The disbursement to Ms. Bell-McDuffie is $458.66. Department of Transportation 2. Valorie LaCour 2015 Designing General $2,438.96 Cities Conference Funds Oct. 28 – 31, 2015 (Reg. Fee $545.00) The subsistence rate for this location is $197.00 per day. The hotel cost is $332.10 for the first night, plus hotel tax of $52.51, for the second and fourth night the hotel cost is $278.10 per night, plus hotel tax of $43.96 per night, and for the third night the hotel cost is $260.00, plus hotel tax of $41.12 per night. The Department is requesting additional subsistence of $360.40 for the hotel balance and $160.00 for meals and incidentals. The registration fee of $545.00 was prepaid on a City-issued procurement card assigned to Mr. Dhirenda Sinha. The amount to be disbursed to Ms. LaCour is $1,893.96. 67 AGENDA BOARD OF ESTIMATES 10/21/2015 TRAVEL REQUEST Fund Name To Attend Source Amount Department Transportation – cont’d 3. William M. 2015 Designing Cities General $1,667.80 Johnson Conference Fund Austin, TX Oct. 28 – 30, 2015 (Reg. Fee $545.00) The subsistence rate for this location is $197.00 per day. The hotel rate for October 28, 2015 is $299.00, plus an occupancy tax of $47.27. The hotel rate for October 29, 2015 is $269.00, plus an occupancy tax of $42.53. The Department is requesting additional subsistence in the amount of $102.00 for October 28, 2015 and $72.00 for October 29, 2015 to cover the hotel costs and $40.00 per day for meals and incidentals. The registration fee was pre-paid on a City-issued credit card assigned to Mr. Dhirenda Sinha. Therefore, Mr. Johnson will be disbursed $1,122.80. RETROACTIVE TRAVEL APPROVAL Fire Department 4. Niles Ford New York State Associ- General $ 360.08 ation of Fire Chiefs Fund Conference Verona, NY June 17 – 20, 2015 (Reg. Fee $115.00) Mr. Ford traveled to New York State on June 18, 2015 to attend the New York State Association of Fire Chiefs Conference. 68 AGENDA BOARD OF ESTIMATES 10/21/2015 RETROACTIVE TRAVEL APPROVAL Fire Dept. – cont’d The subsistence rate for this location was $152.00 per day. The hotel rate was $169.00 per night. The occupancy tax was $21.97 per night. The Department is requesting additional subsistence in the amount of $17.00 for the hotel and $40.00 for meals and incidentals. The registration was pre-paid on a City-issued credit card assigned to Mr. Ford. Therefore, the requested reimbursement to Mr. Ford is $245.08. REIMBURSEMENT $ 169.00 - Hotel 21.97 - Occupancy Tax 54.11 – Meals ($23.32, $4.23, and $26.56) ( 115.00) - Registration $ 245.08 - Amount to be reimbursed to Mr. Ford The travel approval request is late because of an administrative oversight. Therefore, the information was not provided so that the travel request could be requested in advance. APPROVED FOR FUNDS BY FINANCE AUDITS REVIEWED AND HAD NO OBJECTION. 12:00 NOON ANNOUNCEMENT OF BIDS RECEIVED AND OPENING OF BIDS, AS SCHEDULED 69