HomeMy WebLinkAbout220125aJeffrey A. Cline, President
Terry L. Baker, Vice President
Krista L. Hart, Clerk
BOARD OF COUNTY COMMISSIONERS
January 25, 2022
OPEN SESSION AGENDA
10:00 AM MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE
CALL TO ORDER, President Jeffrey A. Cline
APPROVAL OF MINUTES: January 11, 2022
10:05 AM COMMISSIONERS’ REPORTS AND COMMENTS
10:10 AM STAFF COMMENTS
10:15 AM CITIZEN PARTICIPATION (citizens are required to submit a request to participate
to khart@washco-md.net or by calling 240.313.2204 at least 24 hours in advance of
the meeting)
10:20 AM APPROVAL OF A RESOLUTION DESIGNATING THE WASHINGTON
COUNTY ARTS COUNCIL AS THE OFFICIAL ARTS COUNCIL OF
WASHINGTON COUNTY, MD
Mary Anne Burke, Executive Director, Washington County Arts Council
10:25 AM REQUEST TO CONSIDER ALLOCATION OF $10,000 AMERICAN RESCUE
PLAN ACT FUNDING FOR THE QUARANTINE OF COVID POSITIVE
HOMELESS INDIVIDUALS
Brooke Grossman, Chief Mission Officer, Horizon Goodwill
10:35 AM QUARTERLY SAFETY REPORT
Brian Overcash, Safety Compliance / Training Coordinator
10:40 AM CONSTRUCTION BID AWARD: LEITERSBURG-SMITHSBURG ROAD
STREAM RESTORATION
Scott Hobbs, Director, Engineering
10:45 AM JOINT SEWER SERVICE AGREEMENT
Mark Bradshaw, Director, Environmental Management
10:55 AM INTERGOVERNMENTAL COOPERATIVE PURCHASE (INTG-22-0080): ONE
2023 FORD F650, WATER QUALITY
Brandi Naugle, Buyer, Purchasing
11:00 AM INTERGOVERNMENTAL COOPERATIVE PURCHASE (INTG-22-0079): THREE
NEW 2022 UTILITY VEHICLES
Rick Curry, Director, Purchasing
Wayne K. Keefer
Randall E. Wagner
Charles A. Burkett
Page 2 of 2
OPEN Session Agenda
January 25, 2022
Individuals requiring special accommodations are requested to contact the Office of the County Commissioners, 240.313.2200
Voice/TDD, to make arrangements no later than ten (10) working days prior to the meeting.
11:05 AM REFUNDING OPPORTUNITY FOR 2013 AND 2014 BONDS
Kelcee Mace, Interim CFO
11:15 AM AMERICAN RESCUE PLAN ACT AND FY21 CAPITAL IMPROVEMENT PLAN
RESERVE PROGRAM SCHEDULE
Andrew Eshleman, Director, Public Works; Kelcee Mace, Interim CFO; John
Martirano, County Administrator
11:45 AM CLOSED SESSION - (To discuss the appointment, employment, assignment, promotion, discipline,
demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over
whom this public body has jurisdiction; or any other personnel matter that affects one or more specific individuals; and
to consider the acquisition of real property for a public purpose and matters directly related thereto)
12:20 PM RECONVENE IN OPEN SESSION
ADJOURNMENT
Open Session Item
SUBJECT: Approval of a Resolution Designating the Washington County Arts Council as the
Official Arts Council of Washington County, Maryland
PRESENTATION DATE: January 25, 2022
PRESENTATION BY: Mary Anne Burke, Ex. Director, Washington County Arts Council
RECOMMENDED MOTION: Move to approve the Resolution Designating the
Washington County Arts Council as the Official Arts Council of the County
REPORT-IN-BRIEF: The Washington County Arts Council (WCAC) requests designation as
the official arts council for Washington County, Maryland, so that it can secure grant funding.
DISCUSSION: Maryland was one of the first states in the nation to create a state council for the
arts when the General Assembly enacted legislation declaring it “the policy of the State to strive
to create a nurturing climate for the arts,” and formally recognized that the arts are a vital part of
Maryland’s culture and heritage. Soon thereafter, in 1967, the WCAC was created as one of the
first arts agencies in the State. The WCAC’s purpose is to aid and advise the cultural arts in
Washington County and to integrate the arts into the lives of County residents and visitors.
FISCAL IMPACT: N/A
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: Resolution
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
RESOLUTION NO. RS-2022-___
DESIGNATING THE WASHINGTON COUNTY ARTS COUNCIL AS THE OFFICIAL ARTS
AGENCY AND COUNCIL FOR THE COUNTY
RECITALS
Maryland was one of the first states in the nation to create a state council for the arts when
the General Assembly enacted legislation declaring it “the policy of the State to strive to create a
nurturing climate for the arts” and formally recognized that the arts are a vital part of Maryland’s
culture and heritage.
Soon thereafter, the Washington County Arts Council (“WCAC”) was created on October
25, 1967, to aid and advise the cultural arts in Washington County, Maryland, and to integrate
the arts into the local community.
The WCAC was incorporated in 1968, making it one of the first art agencies in the State.
The Board desires to affirm the important role that WCAC serves by promoting cultural
arts in the County and enriching the cultural life of County residents and visitors.
The Board believes that the WCAC should be designated as the official arts council for
Washington County, Maryland.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND, that the WCAC is hereby
designated as the official arts agency and council for Washington County, Maryland.
Adopted this ____ day of ________________, 2022.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
________________________ BY:_________________________________
Krista L. Hart, Clerk Jeffrey A. Cline, President
Approved as to form
and legal sufficiency:
_____________________________
Kirk C. Downey
County Attorney
Open Session Item
SUBJECT: Request to Consider Allocation of $10,000 American Rescue Plan Act Funding
(ARPA) for the Quarantine of COVID Positive Homeless Individuals
PRESENTATION DATE: January 25, 2022
PRESENTATION BY: Brooke Grossman, Chief Mission Officer, Horizon Goodwill; Chair of
Washington County Homeless Coalition
RECOMMENDED MOTION: To approve the allocation of $10,000 of the ARPA Funding for
the quarantine of COVID positive homeless individuals.
REPORT-IN-BRIEF: Horizon Goodwill (HGI) is willing to serve as point of contact for
Emergency Command and Meritus when individuals are identified as homeless and in need of
quarantine placement. HGI will coordinate the placement and work with the Health Department
and Social Services to ensure individuals in placement have access to necessary medications and
food.
DISCUSSION:
FISCAL IMPACT: $10,000 – ARPA Funding
CONCURRENCES:
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Quarterly Safety Report
PRESENTATION DATE: Tuesday, January 25, 2022
PRESENTATION BY: Brian Overcash, Safety Compliance / Training Coordinator
RECOMMENDED MOTION: Not Applicable – Informational Only
REPORT-IN-BRIEF: As was approved by the BoCC on Tuesday, August 31, 2021, the revised
Safety Committee By-Laws require “quarterly reporting to the Board of County Commissioners on
safety performance, activities, outcomes, succes ses and challenges”. The Presenter will provide a
concise, verbal report to the Commissioners in accordance with the revised Safety Committee By-
Laws.
FISCAL IMPACT: While not yet quantifiable, continuous safety improvements not only best
protect our Employees from work-related injuries or illnesses, it also lessens the medical and
Workers’ Compensation financial impacts on the Citizens and Taxpayers of Washington County,
Maryland.
CONCURRENCES: Mr. Laurence R. Etchison, SPHR, Director of Human Resources
ALTERNATIVES: Not Applicable
ATTACHMENTS: Not Applicable
AUDIO/VISUAL NEEDS: Not applicable
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
K �
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.'Mashington County
M A R Y L A N D
Board of County Commissioners of Washington County, Maryland
Open Session Item
Agenda Report Form
SUBJECT: Construction Bid Award — Leitersburg-Smithsburg Road Stream Restoration
PRESENTATION DATE: January 25, 2022
PRESENTATION BY: Scott Hobbs, Director, Division of Engineering
RECOMMENDED MOTION: Move to conditionally award the Leitersburg-Smithsburg Road Stream
Restoration along Little Grove Creek contract to the lowest responsive, responsible bidder, Appalachian
Stream Restoration, LLC., of Danville, West Virginia in the amount of $507,000 and approve acceptance
of the funding for this project from the Maryland Department of Environment (MDE) as part of the 319h
Environmental Protection Agency (EPA) federal grant funding program. Conditional award is based on
receiving concurrence in award from MDE/EPA.
REPORT -IN -BRIEF: The project was advertised in The Herald Mail, on the County's website, on the
State of Maryland's website, e-Maryland Marketplace Advantage, and direct e-mailed to listed certified
Disadvantaged Business Enterprise (DBE) companies. Five (5) bids were received on Wednesday,
December 22, 2021 as listed below, and further detailed on the attached bid tabulation.
Contractor:
Total Bid:
Appalachian Stream Restoration, LLC.
$507,000.00
Ecosystem Planning & Restoration, Inc.
$562,620.00
Meadville Land Service, Inc.
$7755750.00
Triangle Contracting, LLC.
$1,274,000.00
Underwood & Associates
$ L561 M6.00
The bids have been evaluated and the low bid is in order pending acceptance by MDE/EPA. The engineer's
estimate is $550,000.
DISCUSSION: The project involves the restoration of approximately 950 linear feet of stream adjacent
to the Smithsburg Wastewater Treatment Plant. The design -build project will improve water quality in
accordance with standards set forth by Maryland and the Clean Water Act.
FISCAL IMPACT: This is a budgeted Capital Improvement Plan (CIP) project (DNG030, Stream
Restoration at Various Locations). Total expenses are estimated at $562,000; including $507,000 for the
proposed bid award, $30,000 for inspection/testing/utilities/right-of-way, and $25,000 for construction
contingency. An EPA federal grant (Clean Water Act, Section 319h) is being secured through MDE and
would fund approximately 60% of the design -build contract. The County will provide the local matching
contribution from the budgeted CIP project.
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: Bid Tabulation, Aerial Map
AUDIOVISUAL NEEDS: Aerial Map
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Open Session Item
SUBJECT: Joint Sewer Service Agreement (JSSA)
PRESENTATION DATE: January 25, 2022
PRESENTATION BY: Mark D Bradshaw, PE – DEM Director
RECOMMENDED MOTION: Approve the Joint Sewer Service Agreement and associated
resolution
REPORT-IN-BRIEF: In 1997, the County and City executed the Consolidated General Service
Agreement outlining areas in the County within which the City would provide sewage treatment.
Throughout the years, the County and City have mutually amended the original agreement twelve (12)
times, adding and deleting property in the areas identified in the JSSA.
The County is proposing a Capital Improvement Project to construct a new sewer line from the Cedar
Lawn area to the Maugansville area. This new line will transport the sewage designated on Exhibit A
to the County’s Conococheague Wastewater Treatment Plant.
Before this flow transfer can take place, an amendment to the Consolidated General Service Agreement
will need to be executed by the County and City. When County and City staff met to discuss the
proposed modification to the agreement, both entities agreed it would be better to prepare a new
agreement incorporating all the amendments rather than create amendment number 13.
DISCUSSION: The City and County also executed a Flow Transfer Agreement in 2003. This
agreement transferred the sewage from City customers to the County’s Conococheague Wastewater
Treatment Plant for treatment. This agreement requires the City to transfer this flow back to its
treatment plant within twenty (20) years from execution. The new JSSA gives the City five (5) years
to transfer this flow back to the City from date of execution. This area is designated on Exhibit A, and
the executed Flow transfer Agreement is attached as Exhibit B.
FISCAL IMPACT: Once the flow transfer is completed, the County will receive approximately 1,700
new customers. These new customers will expand the County’s existing customer base by
approximately 33% and generate approximately $800,000 per year in additional revenue.
A random review and calculation of ten (10) residential customer bills in the transfer area showed that
nine (9) of the new customers can reasonably expect to see a decrease in their current sewer bills once
the flow transfer is completed.
CONCURRENCES: County Administrator, Budget &Finance`
ALTERNATIVES: None
ATTACHMENTS: JSSA, Exhibit A, and Exhibit B
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
1
JOINT SEWER SERVICE AREA AGREEMENT
FOR THE PROVISION OF SEWER SERVICE
BY AND BETWEEN
THE MAYOR AND COUNCIL OF
THE CITY OF HAGERSTOWN, MARYLAND,
AND
THE BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
TABLE OF CONTENTS
Page
Introduction 2
1. City and County Provision for Service 3
2. City and County Service Priorities 4
3. New and Existing Construction 4
4. City Service Responsibilities 5
5. County Service Responsibilities 5
6. Industrial Waste Pretreatment Program 5
7. City Service Charges 6
8. County Service Charges 7
9. Connection Fee and/or Benefit Assessment 7
10. County Charges 8
11. Reallocations 8
12. Delinquent Accounts 8
13. Upgrades to Facilities 9
14. New Joint Sewer Service Areas 9
15. Joint Sewer Service Areas 9
16. Amendments 10
17. Severability 10
18. Due Authorization 10
Definitions 12
2
INTRODUCTION
This Joint Sewer Service Area Agreement (Agreement) dated _______________,
2022, by and between the Mayor and Council of the City of Hagerstown, a municipal
corporation (City), and the Board of County Commissioners of Washington County,
Maryland, a body corporate and politic and a political subdivision of the State of
Maryland (County), establishes the general terms and responsibilities for the provision of
sanitary sewer service to those geographic areas delineated in the Joint Sewer Service
Area (defined herein) to be served by the sewerage facilities of the City and the County.
The City and the County are sometimes referred to herein as “party,” individually, and
“parties,” collectively.
This Agreement replaces and revokes all prior City/County sewer service
agreements in their entirety, including, but not limited to, the following:
• Consolidated General Service Agreement, effective September 16, 1997, and
amended several times as follows:
• Amendment #1, effective October 31, 1997;
• Amendment #2, effective April 27, 1999;
• Amendment #3, effective April 27, 1999;
• Amendment #4, effective September 26, 2000;
• Amendment #5, drafted but never approved;
• Amendment #6, effective September 24, 2002;
• Amendment #7, effective June 13, 2006;
• Amendment #8, drafted but never approved;
• Amendment #9, effective June 19, 2007;
• Amendment #10, effective April 12, 2011;
• Amendment #11, drafted but never approved; and
• Amendment #12, effective February 23, 2021.
All of the geographic areas included in this Agreement constitute the Joint Sewer
Service Area and are depicted on the map attached hereto as Exhibit A and incorporated
by reference herein.
3
This Agreement also incorporates the Flow Transfer Agreement, effective through
August 5, 2023. The Flow Transfer Agreement is attached hereto as Exhibit B and
incorporated by reference herein, except that Paragraph VII AGREEMENT TERMS is
hereby amended to reflect that the term is no longer twenty (20) years; rather , the Flow
Service Agreement shall remain in place until the improvements to the City’s Pump
Station 13 and all associated infrastructure required to transfer the flow back to the City
are completed and placed into service. This area is indicated as Area “B” on Exhibit A.
Area “A” on Exhibit A shall remain in place until the improvements to the Maugansville
Pump Station and all associated infrastructure required to transfer the flow back to the
County are completed and placed into service. Upon the completion of a party’s
respective improvements and infrastructure, and upon six (6) months’ written notice to
the other party, the County may remove Area “A” in its entirety and/or the City may
remove Area “B” in its entirety from the Agreement, in which case there shall be no need
to execute an amendment to this Agreement. The parties agree that the provisions of this
paragraph incorporating the Flow Transfer Agreement shall be satisfied no later than five
(5) years from the execution date of the last party to sign this Agreement, meaning that
all improvements to the City’s Pump Station 13 will have been completed and placed into
service thereby transferring the flow back to the City pursuant to Area “B” on Exhibit A
within said five (5) years, and also meaning that all improvements to the County’s
Maugansville Pump Station will have been completed and placed into service thereby
transferring the flow back to the County pursuant to Area “A” on Exhibit A w ithin said
five (5) years. The County or the City may remove a service area from the Joint Sewer
Service Area to the County’s or the City’s exclusive responsibility, so as to transfer the
County’s or the City’s collection system and accept sole responsibility for the same, in
accordance with Paragraph 15 below.
The City and the County recognize the importance for providing sewer service to
the Joint Sewer Service Area. This Agreement consolidates terms for the provision of
sanitary sewerage services to the present and future service areas within the Joint Sewer
Service Area.
1. City and County Provision for Service: The City and the County shall accept
the wastewaters generated in the Joint Sewer Service Area for transport,
4
treatment, and disposal, provided that the accepting party’s facility has
adequate capacity to accept additional sewage flow.
2. City and County Service Priorities: The provision of sanitary sewer service to
the Joint Sewer Service Area shall be pursued by the City and the County in a
cooperative and non-competitive manner. The City and the County
understand and mutually agree that they will continue their present practice
of providing sanitary sewer service to areas outside the Joint Sewer Service
Area and other such joint sewer service areas approved under Paragraph 16 of
this Agreement by negotiating individual service agreements with each
property owner who requests sanitary sewer service.
3. New and Existing Construction: In areas where sewer service is to be provided
under the County’s jurisdiction, the City and the County shall cooperate in a
joint pursuit of maintaining existing interconnection between the County’s and
the City’s respective wastewater systems, and the design and construction
effort as to any necessary new wastewater systems. The interconnection will be
designed and maintained to allow for the transfer of sewage flow in accordance
with the terms and conditions of this Agreement. All new construction shall be
designed to the standards and specification of the party that owns and operates
the system. The primary work effort and responsibility for design and
construction shall be with the party that will own and operate the system.
Construction contracts shall be awarded and managed by the County with
appropriate assistance by the City. Construction inspection shall be under the
County’s management with full authority to issue change orders and other
construction procedures, utilizing the County’s inspection personnel. Upon
completion of construction, the County shall retain ownership of all sewerage
facilities constructed under the County’s jurisdiction. The City shall be under
no obligation to be the applicant, grantee, or financing agent for funds to
construct systems to be owned by the County.
4. City Service Responsibilities: The City shall operate and maintain all City-
owned sewerage facilities in accordance with all applicable rules, regulations,
ordinances, permits, guidelines, and other criteria of any federal, state, and
5
local agencies and jurisdictions. The City shall have the authority to monitor
water and waste flows to determine volume, flow delivery rate, and/or
strength of same. Furthermore, all sewerage facilities in the Joint Sewer Service
Area shall be monitored to ensure compliance with the applicable
inflow/infiltration requirements. The City shall include in its bill to
City/County Joint Sewer Service Customers the applicable County charge.
These funds shall be forwarded promptly to the County after receipt in
accordance with a schedule mutually acceptable to the County’s Director of
Finance and the City’s Director of Finance.
5. County Service Responsibilities: The County shall operate and maintain all
County-owned sewerage facilities in accordance with all applicable rules,
regulations, ordinances, permits, guidelines, and other criteria of any federal,
state, and local agencies and jurisdictions. The County shall have the authority
to monitor water and waste flows to determine volume, flow delivery rate ,
and/or strength of same. Furthermore, all sewerage facilities in the Joint Sewer
Service Area shall be monitored to ensure compliance with the applicable
inflow/infiltration requirements. The County shall include in its bill to
City/County Joint Sewer Service Customers the applicable City charge. These
funds shall be forwarded promptly to the City after receipt in accordance with
a schedule mutually acceptable to the City’s Director of Finance and the
County’s Director of Finance. Furthermore, the County shall operate and
maintain the interconnection facilities, including periodic adjustments to
diverted flow, to achieve the purposes of the Flow Transfer Agreement until
such time that the improvements to the City’s Pump Station 13 and associated
infrastructure are complete and placed into full service and the flow is
transferred back to the City.
6. Industrial Waste Pretreatment Program: All industries in the Joint Sewer
Service Area will be subject to the provisions of federal law, state law, and the
respective codes, regulations, ordinances, policies, or other requirements of the
City and the County, regarding industrial waste discharge limitations, permits,
user charges, fines, testing, monitoring, pretreatment requirements, or other
ordinance provision, all as may be amended from time to time. Any business
6
or industry in the Joint Sewer Service Area shall obtain any required industrial
waste discharge permit(s) from the party who will be providing sewage
treatment for that business or industry, regardless of its geographic location
within or outside the corporate boundaries of the City. Likewise, the governing
entity providing sewage treatment for a business shall have the full authority
to enforce any conditions of any industrial waste discharge permit(s),
regardless of the location of such business within or outside the corporate
boundaries of the City. The parties agree to cooperate fully in such
enforcement.
7. City Service Charges: The charge to Joint Sewer Service Customers by the City
for transporting and treating the sewage emanating from the Joint Sewer
Service Areas through the City-owned sewerage facilities shall be based on
metered water consumption and shall be in accordance with the provisions of
the City Code for such services. The City shall bill the County’s sewer
customers in the Joint Sewer Service Areas unless otherwise specified by
written agreement. The user charge rates to be charged to all users of the
system located within the Joint Sewer Service Areas shall be established in
compliance with all applicable federal, state, and local regulations. The City
shall recover the actual cost of service through the City rates charged to Joint
Sewer Service Customers. Cost of service shall include operating expenses,
depreciation, return on investment, and cash flow requirements. A commercial
and industrial rate system meeting all applicable requirements of federal, state,
and local regulations shall establish the surcharges and other additional rates
to be charged to all commercial and industrial users of the system. The City
shall apprise the County of any proposed changes in the City Code or any other
policy affecting such charges so that the County may have the opportunity to
comment on same. The City shall assist the County with official representation
at any public hearing to be held to the extent necessary to present and to
explain the charges being levied by the City for sewerage services that the City
provides to Joint Sewer Service Customers.
8. County Service Charges: The County’s charge to Joint Sewer Service
Customers for transporting and treating the sewage emanating from the Joint
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Sewer Service Areas through the County-owned sewerage facilities shall be
based on metered water consumption and shall be in accordance with the
provisions of the County’s applicable Ordinances, Resolutions, and policies for
such services. The County shall bill the City’s sewer customers in the Joint
Sewer Service Areas unless otherwise specified by written agreement. The user
charge rates to be charged to all users of the system located within the Joint
Sewer Service Areas shall be established in compliance with all applicable
federal, state, and local regulations. The County shall recover the actual cost of
service through the County rates charged to Joint Sewer Service Customers.
Cost of service shall include operating expenses, depreciation, return on
investment, and cash flow requirements. A commercial and industrial rate
system meeting all applicable requirements of federal, state, and local
regulations shall establish the surcharges and other additional rates to be
charged to all commercial and industrial users of the system. The County shall
apprise the City of any proposed changes in the County Code or any other
policy affecting such charges so that the City may have the opportunity to
comment on same. The County shall assist the City with official representation
at any public hearing to be held to the extent necessary to present and to
explain the charges being levied by the County for sewerage services that the
County provides to Joint Sewer Service Customers.
9. Connection Fee and/or Benefit Assessment: In addition to the charges
described in Paragraph 7 and Paragraph 8, there shall be a Connection Fee per
connection to users who are creating new connections to the system. Said
Connection Fee shall be established by each party as to its respective accounts
pertaining to parcels located within the Joint Sewer Service Area, and shall be
collected by the City from users of the system located in the corporate limits of
the City, and shall be collected by the County to users of the system located
outside the corporate limits of the City. The collecting party shall promptly
remit to the non-collecting party those Connection Fees collected on behalf of
the non-collecting party. There may also be a Benefit Assessment imposed by
either party as permitted by Maryland law. The amount of the Connection Fee
and/or Benefit Assessment shall be established by each party by ordinance,
resolution, or other appropriate enactment.
8
10. County Charges: The County shall charge that amount determined to be equal
to the County’s cost of providing sewer collection service to City/County Joint
Sewer Service Customers. Costs shall be calculated based on generally
accepted class cost of service methodology. For County rate-setting purposes,
City/County Joint Sewer Service Customers shall be classified geographically
in one of the following three ways: 1) original service area, 2) total City/County
Joint Sewer Service Area, or 3) as a part of the entire County sewer collection
service area.
11. Reallocations: The City and the County will evaluate all commercial users
annually for any allocation increase over and above the previously established
allocation base. The City and the County shall assess and collect any allocation
increase fees due the City or the County. All fees collected for the City or
County shall be forwarded to the City or the County in accordance with a
schedule mutually acceptable to the County’s Director of Finance and the
City’s Director of Finance.
12. Delinquent Accounts: The City and the County shall provide each other with a
list of accounts carrying delinquent balances at least quarterly for Joint Sewer
Service Customers. The City and the County shall assist each other in the
collection of these delinquent accounts through discontinuance of water
service or any other lawful means. If these means of collection fail, then the
County and/or the City shall exercise its/their statutory rights and enter suit
against all offenders in accordance with prevailing collection policies.
Likewise, the County shall by suit seek to enforce connection against all
property owners who fail to connect to the sewer system in the time allowed
therefor.
13. Upgrades to Facilities: The cost of any future upgrades or other alterations
made to the County’s system or the City’s system, constructed to meet future
applicable rules, regulations, ordinances, permits, guidelines, and other criteria
of any federal, state, and local agencies and jurisdictions, shall be borne by all
users of the system in accordance with a system of charges. The cost of any
9
future expansions of or extensions to the system, constructed to provide sewer
service to the Joint Sewer Service Area, shall be borne by the users of the system
for whom such expansions or extensions are constructed.
14. New Joint Sewer Service Areas: Neither the City nor the County shall make
any expansions or other alterations to the boundaries of any Joint Sewer Service
Area, nor establish any new Joint Sewer Service Area, without obtaining the
other party’s prior written approval. Neither the City nor the County shall
commence any design work for sewer extensions into any proposed service
area in the Joint Sewer Service Area until prior written approval is obtained
from the other party. Joint Sewer Service Areas may be modified, clarified, or
added to this Agreement by formal amendment pursuant to Paragraph 16.
Unless agreed otherwise in writing, the terms and conditions for providing
sewer service to Joint Sewer Service Areas presently approved shall apply to
all Joint Sewer Service Areas formally approved in the future.
15. Joint Sewer Service Areas: The terms and provisions of this Agreement apply
to the Joint Sewer Service Areas that are designated on Exhibit A. The parties
agree that, except for the removal of Area “A” and/or Area “B” in accordance
with the provisions set forth on Page 3 hereof, any amendment to said Joint
Sewer Service Area will be created by entering into a revised joint service
agreement containing and/or referencing a new comprehensive map. The
parties agree that any amendment shall be made only after due consideration
of capacity for wastewater contributions to the City’s and/or the County’s
respective plants and that no property shall be added to the Joint Sewer Service
Area unless adequate capacity exists for treatment and conveyance of sewage
from said property.
16. Amendments: Any modification or revision to this Agreement shall be made
by formal writing and adopted by resolution or other formal enactment by the
City and the County. Amendments shall be effective for, and consistently
applied to, all Joint Sewer Service Areas as originally approved in Paragraph
15 of this Agreement and to all Joint Sewer Service Areas subsequently
10
approved by the parties in future amendments to Paragraph 15 of this
Agreement.
17. Severability: The conditions and requirements of this Agreement are subject to
modification by acts, orders, or directives of regulatory agencies or courts of
competent jurisdiction. Should any paragraph, section, or provision of this
Agreement be annulled by acts, orders, or directives of regulatory agencies or
courts of competent jurisdiction, the remaining portions of this Agreement
shall remain in full force and effect.
18. Due Authorization: The parties agree and represent to each other that this
Agreement has been approved by each respective governing body at a duly
constituted public meeting and that each undersigned has been designated as
the duly authorized signatory and representative of said governing body.
(SIGNATURES APPEAR ON NEXT PAGE.)
11
In witness whereof, the parties hereto have executed this Agreement by their
respective duly authorized signatories and representatives.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY,
MARYLAND
By:
Krista L. Hart, County Clerk Jeff Cline, President
Date:
ATTEST: MAYOR AND COUNCIL OF THE
CITY OF HAGERSTOWN
By:
Donna Spickler, City Clerk Emily Keller, Mayor
Date:
12
DEFINITIONS
Joint Sewer Service: Sewer service provided jointly by the City and the County where
one party agrees to own and maintain a sewer collection system through sewer lines
owned by that party and treatment may be provided at a sewage treatment plant owned
by the other party.
Joint Sewer Service Area: That area depicted in gold, blue, and red on Exhibit A attached
hereto, in which the City and the County have agreed to provide Joint Sewer Service.
Joint Sewer Service Customer: A sewer customer whose sewer service is provided by
collection systems, conveyance systems, and/or treatment facilities owned and operated
by a combination of the County and the City. The customer is considered a customer of
both the City and the County and receives charges from both the City and the County for
the sewage service each party provides.
JOINT SEWER SERVICE AREA
AREA A TO BE REMOVED BY COUNTY AT A LATER DATE
AREA B TO BE REMOVED BY CITY AT A LATER DATE ³JOINT SEWER SERVICE AREA AGREEMENT
EXHIBIT A
FLOW TRANSFER AGREEMENT
BY AND BETWEEN
THE CITY OF HAGERSTOWN, MARYLAND AND
THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY
For the Transfer of Flows
from the City of Hagerstown's Wastewater System
to Washington County's Wastewater System
I. INTRODUCTION
August
This Flow Transfer Agreement, hereafter called the "Agreement," dated thissth oPAIA 2003, by and
between the Mayor and Council of the City of Hagerstown, as the duly -constituted legislative
body of the City of Hagerstown, Maryland, a municipal corporation (hereinafter called the "City")
and the Board of County Commissioners ofWashington County, a body corporate and politic and
a subdivision of the State of Maryland (hereinafter called the "County") is to define certain terms,
conditions, and responsibilities for the transfer ofwastewater flow from the City wastewater system
to the County wastewater system.
The City and County agree that it would be mutually advantageous for both wastewater agencies and
their customers to transfer wastewater flows from the City's service area to the County's service area
for collection -and treatment services. This Agreement provides for the transfer of this wastewater
flow during a specified period of time and at an interconnection described herein.
The City and County agree.to transfer flows from the City system to the County system in an amount
equivalent to actual, additional customer contributions originating from new allocations to the City s,
wastewater system from accounts located outside the corporate boundaries of the City. The total
amount of flow to be transferred under this Agreement will include the flows allocated to customers
outside the City corporate boundaries during the term of this agreement hereinafter described. This
flow will consist of new customer flows, and incremental flows from allocation increases to existing
customers. It will be limited by the maxiYnum amount of representative flow that is physically
available to transfer at the interconnection, or the maximum amount of flow that can be physically
transported by the interconnection to be constructed under this Agreement.
EXHIBIT B
The equivalent amount of these additional flows will be transferred from the City's system at the
interconnection described in Section II of this Agreement. It is agreed by both parties that these
transferred flows represent the sewage contributions from outside City customers regardless of the
source of these flows, and it is recognized that the actual flows transferred may originate from
customers located inside the City's corporate boundaries. The cost of service for treating transferred
flows will. be included in the Ci*ty's calculation of rates for customers located outside City Baits as
they currently exist or as they are modified in the future. It is the intent of this Agreement to provide
the physical and administrative mechanisms to enable the Washington County Department of Water
Quality to serve outside City customers on the Magerstown wastewater system at no cost or financial
obligation to those wastewater customers located inside the City corporate boundaries.
This Agreement also provides for a Construction Reserve Fund for the design and construction of
additional, future interconnections. The Construction Reserve Fund is established by this Agreement
as a financing source only and does not obligate the City or County to the transfer of any additional
flows in excess of the amounts specifically defined in this Agreement. The transfer of any additional
flows beyond those defined herein shall require formal written agreement by the City and County.
IL PHYSICAL INTERCONNECTION
In order to fulfill the purpose of this Agreement, it is agreed that an interconnection between the City
and County wastewater systems will be designed and constructed. This interconnectionwill allow for
diversion of sewage flow flowing to existing City Pump Station # 13 to the County owned intercept,
which is generally located or planned to be situated along Hopewell Road on the west side of
Interstate Route 81. A conceptual drawing of this interconnection is attached to this Agreement and
identified as Exhibit A. This interconnection and its appurtenances will be designed to allow for the
transfer of sewage flow in accordance with the terms and conditions of this Agreement.
III. AMOUNT OF FLOW TO BE TRANSFERRED
The City and County agree that the amount of flow to be transferred under this Agreement shall be
determined as follows:
A. Transferred flows will be limited to an amount representing new wastewater contributions
as defined herein that are located outside of the City corporate boundaries. These wastewater
contributions will be based on actual metered water consumption, or metered sewage discharge for
commercial or industrial accounts if such a meter has been approved for use by the appropriate
service provider.
B. The total amount of flows transferred under this Agreement will be based on those flows
(as described under III -A) that cumulatively accrue over the five (5) year period prescribed in Section
VII hereof. The first year accrual for flow transfer and billing purposes will begin 90 days after the
Agreement is signed by both parties.
2
C. The County and City agree that the amount of flow to be transferred shall be limited to the
amount of wastewater contributions generated in the service area of existing City pumping station 13.
The County and City also agree that the amount of flow to be transferred shall be limited to the
maximum amount of hydraulic capacity ofthe physical interconnection described in Section II ofthis
Agreement.
D. The County and City recognize that a component of inflow/infiltration could be transferned
to the County's system and agree to cooperate'on monitoring and correcting infiltration if it should
become excessive. The County shall have the authority to monitor flows to determine volume, flow
delivery rate and/or strength of same. Furthermore, all sewerage facilities shall be monitored to assure
compliance with any applicable inflow/infiltration requirements. Upon request from the County, The
City shall permit the County to examine and make copies of all records necessary to effectuate the
purpose of this Agreement. The parties agree that each shall operate their respective facilities in
accordance with all applicable rules, regulations, ordinances, permits, guidelines, and other criteria of
any federal, state, and local agencies and jurisdictions.
IV. COUNTY RESPONSIBILITIES
County responsibilities under this Agreement include but are not limited to the following:
A. Secure the fiinaricing needed to design and construct the interconnection and assume liability for
repayment of any indebtedness as needed.
B. Assume primary responsibility for design and construction of the interconnection including
consulting and coordinating with the City as needed.
C. Operate and maintain the interconnection faciilities including periodic adjustments to diverted flow
to achieve the purposes of this Agreement. If mutually agreeable to both wastewater agencies, it is
understood that all flow may be diverted from Pump Station 13 at one time for ease of management,
although billing would still occur as stated in Section VI-C. This would allow for immediate de-
commissioning of the pumping station with associated savings.
D. In accordance with all applicable local, state and federal requirements, regulations and laws,
provide wastewater collection and treatment services to the Hagerstown Water Pollution Control
Department for all flows transferred under this Agreement and submit monthly invoices to the City
for these wastewater services.
E. Maintain records of new outside -City Joint Service wastewater contributions as defined herein,
and provide said records to the City to assist in preparation of information to be submitted for billing
of transferred flows.
F. Remit to the City any appropriate fees and charges collected on their behalf in accordance withthe
3
provisions of Section 6, Financial Arrangements of this Agreement.
G. Establish and maintain a Construction Reserve Fund as established under Section 6, Financial
Arrangements, of this Agreement. At least annually, provide the City a complete audit of the
Construction Reserve Fund.
H. Maintain a reasonably current cost of service calculation to serve as a basis for the rate charged for
collection and treatment services billable to the City.
V. CITY RESPONSIBILITIES
City responsibilities under this Agreement include but are not limited to the following:
A. As needed, assist the County in the design and construction of the interconnection.
B. Operate Pump Station 13 as needed.
C. Supply metered consumption data from the customers as defined herein to allow the County to bill
for transferred flows.
D. Maintain records for total amount of flow being diverted.
E. Remit to the County any appropriate fees and charges collected on behalf of the County in
accordance with the provisions of Section 6, Financial Arrangements of this Agreement.
F. Make payments to the County for collection and treatment services related to transferred flows.
VI. FINANCIAL ARRANGEMENTS
A. Initial Fhmncing for C&jitaljWrovernents
The County will secure the financing for the design and construction of the interconnection. It is
anticipated that grant financing will be available for interconnection. If the County does not, or
chooses not to consummate the financing needed for the interconnection, then this agreement maybe
terminated at the sole discretion of the County by issuance of a letter of notification to the City. The
City shall not be liable for any capital financing related to the design and construction of the
interconnection
B. Collection and Distribution of Customer Allocation / Benefit Charges
Regarding new customers outside the City corporate boundaries, the City and County will assess and
collect uniform initial customer charges at the time of approval for sanitary sewer service. For those
4
customers applying for connection directly to a County owned sewer line, the County will collect
charges on behalf of the City. For those customers applying for connection directly to a City owned
sewer be, the City will collect charges on behalf of the County. The charges referred to in this
section are currently identified as a Benefit Charge for the City and an Allocation Fee for the County.
Upon collection of these charges on behalf of each other party, the amounts collected will be
txansferred to the appropriate receiving agency in atimely maaner and in accordance with a schedule
and procedure as mutually agreed by the City and County Directors of Finance, respectively. In
addition, both the City and County will collect amounts to be deposited in the construction reserve
fund, and all amounts collected will be transferred to the reserve fund that will be managed by the
County in accordance with this Agreement.
The customer charges to be collected at the time of approval of application for sewer service or
reassessment will hereinafter be collectively referred to as Allocation Fees. The City and County agree
that the prevailing Allocation Fees, per equivalent dwelling unit or 200 gallons per day of domestic
strength waste, at the time of acceptance of this Agreed will be as follows:
City Benefit Charge $12800
County Connection Charge $12800
Construction Reserve Charge 00
Total Allocation Fees $3,900
These fees apply to the prospective new customers or annual reassessments to existing customers for
the first five years of assessments pursuant to this Agreement.
After this first five-year period and for the next five years, the Allocation Fees are anticipated to be as
follows:
City Benefit Charge $2,100
County Connection Cbarge $19,500
Construction Reserve Charge 1 300
Total Allocation Fees $33,900
There will be a minimum 'initial assessment for each customer based on 200 gallons per day.
The City or County may change or after their respective component of these Allocation Charges at
any time when duly authorized and after providing adequate written notice to the other party. Any
change to the construction reserve charges will require the formal agreement and approval of the
Hagerstown Mayor and City Council and the County Commissioners of Washington County. If
neither the City nor County exercises their right to change the Allocation Fees as stipulated in this
agreement, then these Allocation Fees shall remain in full force and effect for both the first and second
5
five-year periods or ten years in total.
C. Service Charges
Service charges for the collection and treatment of flows transferred to the County will be billed to
the City based on thousands of gallons of wastewater accepted and treated based on metered
consumption of new customers as defined in Section M.A. Such service charges shall be based on
generally accepted, utility rate making methods. The City will insure that these service charges shall
be included in the calculation of rates for all classifications of outside City customers receiving benefit
of County treatment of transferred wastewater flows (Note: At this time, these customer classes are
referred to as Outside City and Joint). Service charges for County treatment of transferred flows shall
not be included. in the calculation of rates for City Water and Sewer Department customers located
within the City corporate boundaries. Future calculations of rates for City Water and Sewer
Department.customers shall also be subject to the provisions of this section.
D. Construction Reserve Fund
The County shall establish and maintain, as primary custodian, a construction reserve fund to escrow
the portion of the Allocation Fees that are designated for the construction reserve fund. This fund
shall be used to finance future improvements to the City and County wastewater systems. The City
and County will meet periodically to identify and prioritize specific projects. Expenditures,
withdrawals, or disbursements from the construction reserve fund shall require the formal approval of
both the Hagerstown Mayor and City Council and the County Commissioners of Wasbington County.
The construction reserve fund shall be held in an interest bearing account with all interest income
accruing to the fund balance for use in accordance with the purpose of the fund.
The County will make records available to the City upon request and provide an audited financial
statement of the fund at least annually.
If after 10 years from the date of this Agreement the City and County mutually agree that there will
be no future uses for the construction reserve fund, then any unexpended proceeds shall be divided
equally between the parties. These proceeds shall be used for capital improvements to the respective
sewer systems, without the necessity for the consent or approval of the other party.
VII. AGREEMENT TERMS
Unless otherwise formally agreed in writing by both the City and County, the following terms shall
apply to this Agreement :
The term for the provision of treatment services for flows transferred to the County wastewater
system is twenty (20) years.
The term for Section III-B of this Agreement is five (5) years.
2
The tern for Section VI-B of this Agreement is ten (10) years.
V11I. CONTINGENCY CLAUSES
The City and County agree that this Agreement is contingent upon consummation ofcapitaal financing
for the design and construction of the interconnection.
Neither the City nor the County shall be penalized or bear any unreasonable financial burden for
delays or other matters arising from Force Majeure.
M SEVERABILITY
The conditions and requirements of this Agreement are subject to modification by acts, orders or
directives of regulatory agencies or courts of competent jurisdiction.
Should any- sections or provisions of this agreement be annulled by acts, orders or directives of
regulatory agencies or courts of competent jurisdiction, the portions of this Agreement
shall remain in full force and effect.
X. DISPUTE RESOLUTION
Any dispute between the parties arising from or in connection with this Agreement shall be resolved
by arbitiration. Either party may demand arbitration by written notice within ninety (90) days after the
dispute arises, and the notice shall include the designation of an arbitrator. Within thirty (30) days
after receipt of the notice of demand for arbitration, the other party shall designate by written notice
to the party demanding arbitration a second arbitrator. The two arbitrators shall within twenty (20)
days of the designation of the second arbitrator designate a third. The three (3) arbitrators shall;
a. designate a time and place for hearing;
b. specify the evidentiary and procedural rules to be followed in the arbitration; and
c. pass a written award or decision within thirty (30) days of the date of the hearing.
An award or decision rendered by a majority of the arbitrators shall be final and binding on all parties,
and judgment on the award or decision may be entered by any court of competent jurisdiction.
Arbitration shall be the sole and exclusive remedy under this Agreement. The arbitration costs and
expenses of each party shall be borne by that party.
M. INTEGRATION
This Agreement constitutes the entire agreement of the parties. There are no promises, covenants,
representations, or undertakings other than those expressly set forth herein. .
xII. COUNTERPARTS
This Agreement may be executed in counterparts.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly
authorized signatories and representatives.
Witness and Attest
As to Corporate Seal
� l
Joni L. Bittner, County Clerk
Witness and Attest
As to Corporate Seal
Donna k:Yp!6k1e-r,7-Citq Clerk
Board of County Commissioners
of Washington County, Maryland
By:.
Gregory no k, President
.
Date: ' c�c1� 2 Z , 2 00.3
Mayor and City Co ' of Hagerstown
By:
k6m M. Breichner, Mayor
Date: ZoU
r
1-1
is
I Exhibit "A" I
NEWGATE SEWER MCMNSION PHASE 11
Exhibit "A"
Z
6
a
_ s
ir�enoN TiRC
Open Session Item
SUBJECT: Intergovernmental Cooperative Purchase (INTG-22-0080) - One (1) New 2023 Ford
F650
PRESENTATION DATE: January 25, 2022
PRESENTATION BY: Brandi Naugle, CPPB, Buyer, Purchasing Department and Mark
Bradshaw, Division Director of Environmental Management.
RECOMMENDED MOTION: Move to authorize by Resolution, for the Department of Water
Quality to purchase one (1) New/Unused 2023 Ford F-650, (F6D) Regular Cab Base, CA 84” WB
with Rugby 11’ Eliminator Dump Body via Dejana for a total cost of $89,755.00 and to utilize
another jurisdiction’s contract that was awarded by Sourcewell, (Contract 060920-NAF) to 72
Hour LLC dba/ National Auto Fleet Group of Watsonville, CA.
REPORT-IN-BRIEF: The Code of Public Laws of Washington County, Maryland (the Public
Local Laws) 1-106.3 provides that the Board of County Commissioners may procure goods and
services through a contract entered into by another governmental entity, in accordance with the
terms of the contract, regardless of whether the County was a part to the original contract. If the
Board of County Commissioners determines that participation by Washington County would result
in cost benefits or administrative efficiencies, it could approve the procurement of the equipment
in accordance with the Public Local Laws referenced above that participation would result in cost
benefits or in administrative efficiencies.
The County will benefit with the direct cost savings in the purchase of this equipment because of
economies of scale this contract has leveraged. Additionally, the County will realize savings
through administrative efficiencies as a result of not preparing, soliciting and evaluating a bid.
Acquisition of the vehicle by utilizing the Sourcewell contract and eliminating our county’s bid
process would result in an administrative and cost savings for the Water Quality Department and
Purchasing Department in preparing specifications.
DISCUSSION: N/A
FISCAL IMPACT: Funds are budgeted in the Washington County Water Quality Department’s
Capital Improvement Plan (CIP) budget account 600300-37-40010-VEH007
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: National Auto Fleet Group, Quote ID#1855HD (R1); Resolution
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
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Page 1 of 2
RESOLUTION NO. RS-2022-
(Intergovernmental Cooperative Purchase [INTG-22-0080] One [1] New 2023 Ford F-
650)
RECITALS
The Code of Public Local Laws of Washington County, Maryland (the “Public Local
Laws”), §1-106.3, provides that the Board of County Commissioners of Washington County,
Maryland (the “Board”) “may procure goods and services through a contract entered into by
another governmental entity in accordance with the terms of the contract, regardless of whether
the county was a party to the original contract.”
Subsection (c) of §1-106.3 provides that, “A determination to allow or participate in an
intergovernmental cooperative purchasing arrangement under subsection (b) of this section shall
be by resolution and shall either indicate that the participation will provide cost benefits to the
county or result in administrative efficiencies and savings or provide other justifications for the
arrangement.”
The Department of Water Quality seeks to purchase one (1) new/unused 2023 Ford F-650,
(F6D) Regular Cab Base, CA 84” WB with Rugby 11’ Eliminator Dump Body via Dejana for a total
cost of $89,755.00 and to utilize another jurisdiction’s contract that was awarded by Sourcewell
(Contract 060920-NAF) to 72 Hour Limited Liability Company dba National Auto Fleet Group of
Watsonville, California.
Utilizing Sourcewell’s contract and eliminating the County’s bid process results in
administrative and cost savings for the Department of Water Quality. The County will benefit
with direct cost savings because of the economy of scale the aforementioned contract has
leveraged. Additionally, the County will realize savings through administrative efficiencies
achieved as a result of not preparing, soliciting, and evaluating bids.
NOW, THEREFORE, BE IT RESOLVED by the Board, pursuant to §1-106.3 of the Public
Local Laws, that the Department of Water Quality is authorized to purchase one (1) new/unused
2023 Ford F-650, (F6D) Regular Cab Base, CA 84” WB with Rugby 11’ Eliminator Dump Body via
Dejana, for a total cost of $89,755.00, and to utilize another jurisdiction’s contract awarded by
Sourcewell to 72 Hour Limited Liability Company dba National Auto Fleet Group of Watsonville,
California (Contract 060920-NAF).
Adopted and effective this _____ day of January, 2022.
Page 2 of 2
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
_____________________________ BY: ______________________________________
Krista L. Hart, Clerk Jeffrey A. Cline, President
Approved as to form
and legal sufficiency: Mail to:
Office of the County Attorney
______________________________ 100 W. Washington Street, Suite 1101
Kirk C. Downey Hagerstown, MD 21740
County Attorney
Open Session Item
SUBJECT: Intergovernmental Cooperative Purchase (INTG-22-0079) - Three (3) New 2022 Utility
Vehicles
PRESENTATION DATE: January 25, 2022
PRESENTATION BY: Rick F. Curry, Director of Purchasing
RECOMMENDATION: To authorize the purchase by Resolution, for the Division of Emergency
Services to purchase three (3) new 2022 Chevrolet Tahoe’s for the cost of $49,888 from Criswell
Chevrolet and to utilizing another jurisdiction’s contract that was awarded by the State of Maryland
Purchasing (Contract #001B600354) at a cost of $49,888 for a total purchase cost of $149,664.
REPORT-IN-BRIEF: DES is requesting to purchase three (3) utility vehicles to replace three (3)
vehicles that exceed the County’s Vehicle and Equipment Types and Usage Guidelines. The County
initiated the Vehicle and Equipment Types and Usage Guidelines in 2001. The County’s
replacement guidelines for vehicles less than 19,500 lbs. GVWR is recommended at a ten (10) year
economic life cycle. The replaced trucks will be advertised on GovDeals.com for auctioning.
The Code of Public Laws of Washington County, Maryland (the Public Local Laws) 1-106.3 provides
that the Board of County Commissioners may procure goods and services through a contract
entered into by another governmental entity, in accordance with the terms of the contract, regardless of
whether the County was a part to the original contract. If the Board of County Commissioners
determines that participation by Washington County would result in cost benefits or administrative
efficiencies, it could approve the procurement of the equipment in accordance with the Public Local
Laws referenced above that participation would result in cost benefits or in administrative
efficiencies.
The County will benefit with the direct cost savings in the purchase of this equipment because of
economies of scale this contract has leveraged. Additionally, the County will realize savings through
administrative efficiencies as a result of not preparing, soliciting and evaluating a bid. Acquisition of
these vehicles by utilizing the State of Maryland contract and eliminating our county’s bid process
would result in an administrative and cost savings for the Division of Emergency Services and
Purchasing Department in preparing specifications
DISCUSSION: The Division of Emergency Services has diversified the deployment of most assets
that are under its direction through the rollout of the Regional Firefighter Staffing Plan. In doing so,
many specialized assets and services that were originally located at a single station of Frederick Street
have been strategically placed in fire stations around the County.
The Division of Emergency Services currently has budgeted funding in FY’22 CIP for two (2)
Paramedic Chase vehicles, one of which was funded with the addition of the FF/Paramedics (Captain)
in the within the Hancock Fire Station. The second (2nd) new vehicle will replace a 2007 Tahoe that is
fourteen years old and has exceeded 152,000 miles. This vehicle is funded and included as a scheduled
replacement in FY 22 CIP.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
The third (3rd) Tahoe will be utilized by the Volunteer Coordinator who is currently utilizing the
Divisions Boat Support Vehicle. The Division does not currently have supported funding in CIP for
the purchase of the Volunteer Coordinators vehicle and would require additional BOCC funding
authorization ($49,888) to complete the purchase of the Volunteer Coordinators vehicle. The request
for this vehicle also includes an amount of $15,112.00 that is needed for vehicle upfitting (total request
for this vehicle purchase and upfitting is $65,000).
FISCAL IMPACT: Funds are budgeted (2 vehicles) in the Division of Emergency Services’ Capital
Improvement Plan (CIP) account 11430, Emergency Services Equipment and Vehicle Program in the
amount of $99,776. The 3rd vehicle will be purchased from budget savings ($65,000) in 93130, account
500130 – Pension (LOSAP).
CONCURRENCES: Chief Financial Officer and Director of Budget and Finance
ALTERNATIVES: N/A
ATTACHMENTS: Criswell Chevrolet Inc. quote dated December 16, 2021; Resolution
12/16/21
David Hays
Washington County Fire & Rescue
Hagerstown, MD
RE: Quote for inbound 2022 Tahoe
2021 Tahoe MD State Contract BPO 001B600354
$32,287 Base Price Two Wheel Drive
4,980 Four Wheel Drive
775 LED LH Spotlight
1,800 Special Service Package (Includes Aluminum Wheels)
170 Red/White Aux Dome Lamp
129 Grill & Speaker Wiring Package
210 Front & Rear Wig-Wag Lighting
195 Six Extra Key Fobs (push button start, no key)
300 Remote Start Package
95 Radio Suppression Package
90 Front Tow Hooks
450 HD Advanced Trailering Package with trailer Brake Controller
$41,481 2021 Price
8,407 2022 Price Increase
$49,888 Contract Price Each
Submitted by,
Scott Silverman
Fleet Sales Manager
Page 1 of 2
RESOLUTION NO. RS-2022-
(Intergovernmental Cooperative Purchase [INTG-22-0079] Three [3] New 2022 Utility
Vehicles)
RECITALS
The Code of Public Local Laws of Washington County, Maryland (the “Public Local
Laws”), §1-106.3, provides that the Board of County Commissioners of Washington County,
Maryland (the “Board”) “may procure goods and services through a contract entered into by
another governmental entity in accordance with the terms of the contract, regardless of whether
the county was a party to the original contract.”
Subsection (c) of §1-106.3 provides that, “A determination to allow or participate in an
intergovernmental cooperative purchasing arrangement under subsection (b) of this section shall
be by resolution and shall either indicate that the participation will provide cost benefits to the
county or result in administrative efficiencies and savings or provide other justifications for the
arrangement.”
The Division of Emergency Services seeks to purchase three (3) new 2022 Chevrolet
Tahoes at a cost of $49,888 per vehicle, for a total cost of $149,664, from Criswell Chevrolet of
Gaithersburg, Maryland, and to utilize another jurisdiction’s contract that was awarded by State
of Maryland Purchasing (Contract 001B600354).
The Division of Emergency Services requests to purchase the utility vehicles to replace
three (3) vehicles that exceed the County’s Vehicle and Equipment Types and Usage Guidelines.
Utilizing the State of Maryland Purchasing contract and eliminating the County’s bid
process results in administrative and cost savings for the Division of Emergency Services. The
County will benefit with direct cost savings because of the economy of scale the aforementioned
contract has leveraged. Additionally, the County will realize savings through administrative
efficiencies achieved as a result of not preparing, soliciting, and evaluating bids.
NOW, THEREFORE, BE IT RESOLVED by the Board, pursuant to §1-106.3 of the Public
Local Laws, that the Division of Emergency Services is authorized to purchase three (3) new 2022
Chevrolet Tahoes for a total cost of $149,664, and to utilize another jurisdiction’s contract awarded
by State of Maryland Purchasing (Contract 001B600354) to Criswell Chevrolet of Gaithersburg,
Maryland (Contract 001B600354).
Page 2 of 2
Adopted and effective this _____ day of January, 2022.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
_____________________________ BY: ______________________________________
Krista L. Hart, Clerk Jeffrey A. Cline, President
Approved as to form
and legal sufficiency: Mail to:
Office of the County Attorney
______________________________ 100 W. Washington Street, Suite 1101
Kirk C. Downey Hagerstown, MD 21740
County Attorney
Open Session Item
SUBJECT: Refunding Opportunity for 2013 and 2014 Bonds
PRESENTATION DATE: January 25, 2022
PRESENTATION BY: Kelcee Mace, Interim Chief Financial Officer
RECOMMENDED MOTION: No motion needed at this time – request for consensus to
pursue the refunding opportunity for the 2013 and 2014 General Obligation Bonds.
REPORT-IN-BRIEF: The County’s financial advisor has identified a potential refunding
opportunity that includes the Series 2013 and 2014 General Obligation Bonds. Together, they
would produce an estimated savings of $680,291 or 3.91% Net Present Value (NPV). This is
above the industry standard benchmark of 3% and meets the County policy of 3-5%. These
potential savings are just an estimate and could vary due to market conditions. The refunding
bonds would be issued in conjunction with the County’s 2022 General Obligation Bonds in May
2022.
DISCUSSION: Staff is requesting permission to move forward with the process of refunding
the identified bonds. Actual authorization to issue the bonds will come in the form of a
resolution in late April 2022.
FISCAL IMPACT: Estimated savings of $680,291 but could vary due to market conditions.
CONCURRENCES: County Administrator
ALTERNATIVES: Not pursue the refunding.
ATTACHMENTS: N/A
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: American Rescue Plan Act (ARPA) and FY21 Capital Improvement Plan (CIP)
Reserve Program Schedule
PRESENTATION DATE: January 25, 2022
PRESENTATION BY: On behalf of ARPA Committee: Andrew Eshleman, Director – Public
Works, Kelcee Mace - Interim CFO, John Martirano – County Administrator
RECOMMENDED MOTION: For informational purposes to hear the ARPA Committee’s
recommendations.
REPORT-IN-BRIEF: Washington County is to receive $29.4 million of American Rescue Plan
Act (ARPA) funds from the US Treasury. The first tranche of $14.7 million was received June,
2021 and the second will be received June, 2022. Funds shall be allocated by December 31, 2024
and projects completely by December 31, 2026. Approximately $6 million of ARPA funds have
been encumbered and spent from the first allocation with the majority going to premium pay to
employees and broadband expansion. A committee was established to review program eligibility,
countywide priorities, public input, and recommend eligible programs and projects.
There is approximately $7.5 million of County FY21 Capital Improvement Plan (CIP) Reserves
that remain unallocated.
DISCUSSION: The ARPA program is intended to support the pandemic response, bring back
jobs and lay the groundwork for a strong and equitable recovery. Eligibility is limited to the
following categories.
•Public Health
•Negative Economic Impact
•Services to Disproportionately Impacted Communities
•Premium Pay
•Infrastructure – water, sewer, stormwater, and broadband
•Revenue Replacement – up to $10 million
•Administrative Services
A summary and presentation of the program schedule is provided as an attachment.
FISCAL IMPACT: $23,312,607 US Treasury ARPA funds, $6,700,000 FY21 CIP funds, $750,000
Cascade Town Center funds
CONCURRENCES: ARPA Committee: John Martirano, County Administrator; Andrew Eshleman,
Director Public Works, Dave Hays, Director Emergency Services, Kelcee Mace, Interim CFO, Susan
Buchanan, Director, Grant Management, and Susan Grimes, Director, Business Development
ALTERNATIVES: Adopt a different program schedule
ATTACHMENTS: Powerpoint Presentation and Program List
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
American Rescue Plan - Program List
Total Project
Other Funding
Project
ARPA Project Category
Cost
Source
ARPA Proposed
ARPA Round 1
ARPA Round 2
Description
Notes
Emergency Services- FF SCBA(self contained
Public Health
$1,600,000
$0
51,600,000
$0
$1,600,000
Replace remainderofSCBA not covered under AFGto standardbe and add FF
breathing apparatus)
tracking systems to SCBA
Emergency Services -(4) Rescue Boats,
Public Health
$200,000
$200,000
50
$0
$0
Currmmly l boat has suffered critical failure, others are in excess of2Oy,am
motors, trailersold.
Funding from reserves
Emergency Services -(3) Reserve Fire Engines
Public Health
$2,250,000
$2,250,000
$0
$0
$0
Reduces need forvol.c,rp,rationeW maintain adtl'I. engines duet, regular
aintaenance and repair. Funding from reserves.
Emergency Services - Radio Expenses
Public Health
$3,600,000
$3,600,000
$0
$0
$0
Replace portable radios for fire/EMS. Other funding source, apply for$2
million AFG Grantor use reserves.
Emergency Services- (6) Power Lifts
Public Health
$300,000
$300,000
$0
$0
$0
5 units, reduaion in workers compensation claims. fund from reserves.
Emergency Services -(3)Ambulances
Public Health
$750,000
$750,000
$0
$0
$O
Reduces need forv,I. mrporationsto maintain add'I. ambulances due to
regular maimaenane, and repair. Fund from reserves.
Provide facility improvements and equipment for the emergency operations
Emergency Opemtion,Center coordinates planning, response, recovery, and
Emergency Operation Center Facility Upgrades
Public Health
$50,000
$50,000
$0
$0
$0
mitigation efforts related to disasters identified within the County including
center
public he, th emergencies.
The Ag Center Is a year round multi -use event center that hosts the Ag Exp,,
Construction of a multi -use building (`150' x 250') for special events, health
special events, concerts, and animal shows. Ind —space is in demand and a
clinics, emergency shster, animal shows,& recreational use. Includes
multi -use facility would support future pandemicand public health needs,
Agriculture Education Center Indoor Multi -Use
ocmted site improvements and parking to accomodats the building. Assume
tourism, recreation, and the a agriculture communi There is limited indoor
gthunity.
Building
Public Health- Revenue Replacement
$4,750,000
$1,250,000
$3,500,000
$0
$3,500,000
$450,000 in PM funds,$250,000 in private fundraising, and S550,000 in
recreabon/athlet space in southern W ashington county, Building could be
County ClP funtls. ARPA funtls[o be usetl for building shell construction and
potentially for future mass vaccination Its, public health staging, and an
fundingeligibllty to be tied to future pandemic op—f—i needs. Recreational
additional early voting location.
enfti,, and equipment would require non ARPA funding.
Business & Entrepreneural Support
Funds to provide technical support, couseling and other services to assist with
Negative Economic Impact
$175,000
$0
$175,000
$175,000
$0
business planning needs. Programsto supporcjobtraining.
Existing residents, businesses, or nonprofits in Washington County can invest a
etching amount to receive funds for your prcisa that serve
disproportionately impacted populations and communities or businesses
negatively affecetl by the pandemic. Grants are matching 1:1 and range from
Negative Economic Impact, Services
$20,000to $250,000. Commercial, residential, and multi -unit. Eligible
Community Investment Grant Program
to Disproportionately Impacted
$5,000,000
$0
$5,000,000
2,402,858
$2,597,142
categories :assisumee for trave1,-6,m, and hospitality oriented businesses.
Communities
Support for the development and construction of affordable housing and safe
housing environments, and support for developing outdoor spaces,
streetscapes antl neighborhood improvemerts.
Convention Visitors Bureau
Negative Economic Impact
$500,000
$0
$S00,000
$500,000
$0
Funding to support tourism related recovery efforts. Advertising,
Tourism and recreation were affected by the pandemic. Funding to support
and
sponsh,mhips,—mite upgrade and promotional marketing efforts
,very efforts.
Public Health, Negative Economic
Create new grant program for non -profits to apply. Applicants must
Non profit Assistance to Impacted
Impact, Services to
Create grant program managed by the Office of Grant Management to provide
demonstrate how their programs/services address the ongoing negative
Communities
Disproportionately Impacted
$1,500,D00
$0
$1,500,000
$1,500,000
$0
funding for non-profts addramingth. impact ofthe pandemic on vulnerable
impacts from pandemic(I.e. food pantry, housing, health
Communities
populations and communties disproporcionally impacted bythe pandemic.
es,homelessness, mental and behavioral health issues, etc) Guidelines
will be consistentwith ARPA eligible programs.
Total Project -$1.7 million to renovate existing gym and convert to a
Renovate 75 year old gymnasium and provide facility improvemerMto
community recreational c,nterfor public use and pmg—ming.Facility
MILK Gym Renovation and Community Rec
Services to Disproportionately
$0
$1,500,000
$0
$1, 500,000
building owned bythe County, used by Head Start and the Robert Johnson
located in qualified cemus track with lowest income and greatest park equity
Center
Impacted Communities
Community Center. Has $200,000 in prior funds
need In County. Includes facility upgrades for HVAC Improvements, ADA
Improvements for gym and Head Start, bathroom and storage renovatiom,
and security to allow for rentals and public access.
Was Co -Capacity Management Project
Infrastructure Clean Water Sewer
$15,000,000
$6,600,000
$4,000,000
$4,000,000
$0
be by funding bonds.
Construction cost have increase and the new constrcution estimate is up to
(Maugansville Area)
- -
To completed December 2o24. Other is
$15M. Bonds have been issues of$4AM.
WashCo- Smithshurg Wastewater Treatment
Infrastructure Clean Water
$12,000,000
$5,900,000
$3,000,000
$3•000•000
Upgrade plant for capacity and to meet M DE regu lations. other fu nding is loan
Construction cost expected to Increase to$10M, previously Issued 3.IM In
Plant
- -Sewer
antl bonds.
bonds.
WashCo - Fort Ritchie Sewerllne
Infrastructure Clean Water Sewer
$750,000
$750,000
$0
$0
$0
Replacing and lining existing sewer lines to reduce infiltration and exfiltration
fundingfrom
Improvements
- -
which in es treatment cost
Propose Fort Rtchiesale proceeds
Stormwater Management Projects
Infrastructure - Clean Water-
N re-
onp source
$1,000,000
$0
$1,000,000
$0
$1,000,000
Stonnwater management projects. Potential lndudas stream restoration In
Smithsburg,c,untVwid, tree plantings, stormwater pond retrofits with water
quality measures
CountV has NPDES MS4 requirements to treat 2TA of urbanized impervious
area. ARPA money to be used tofund stormwater management projects in lieu
of using general fund money or creating stormwater fee. Funding could be as
high as available as project liabilities represent millions to implement over 5
year permit period.
Sharpsburg Water Meter Replacement Project
Infrastructure -Drinking Water
$1,000,000
$500,000
$500,000
$0
$500.
To remove lead meters and replace. Other funding is preprogrammed COP
grant and General Fund.
Plan to apply for Fy 23 grants/loans for"other funds"
Sharpburg Well
Infrastructure -Drinking Water
$300,000
$0
$300,000
$0
$300,000
Could have operational savings of 100,000 par year
Grant Manager for tracking and compliance
ARPA funds
Administrative
$65,000
$0
$65,000
$65,000
$D
Two years for a c,m,d,d employee working 15 hm/week at$40 per hour for
financial program compliance
Municipality Requests
$0
Boonsboro Reservoir
Infrastructure -Drinking Water
$4,100,000
$1,000,000
$0
$0
$0
12/14/21 BOCC approved$1 million in project assistance
Consider options for money to be used as forward and grant matching funds
for a 319 MDE grant
ARPA Balance
Unallocated Balance for other non specified
$0
672,607
-
$672,607
unallocated Balanreforfuturerequemandneeds
TOTAL
$56,590,000
$23,150,000
$23,312,607
$8,642,858
$14,669,749
ARPA funds Round 1 received 6-21
ARPA funds Round 2 anticipated 6-22
Total
Expended (estimated)
IT Disaster Recovery (Encumbered)
Premium Pay
Premium Pay - F&R Companies
Premium Pay- Volunteers
Pure Storage
Lodging and Accomodation
Antietam Cable Broadband Grant
ARPA Remaining Round 1
ARPA Remaining
ARPA Total Project List
Unallocated Balance
Other Funding Amount Notes
Breakdown
$14,669,749 CIP FY21 Reserves
$14,669,749 Cascade Fund
$29,339,498 W/S bonds and loans
General Fund
Grants
other (private)
$175,000 Total
$3,581,081 Check
$644,998 Other funding sources
$379,000 ARPA
$64,207
$20,000
$1,162,605
$6,026,891
$8,642,958.
$23,312,607
$22,640,000
$672,607
$6,700,000 $7.47 million FV21 Capital Reserves
$750,000 $1.6 million in Cascade Fund
$12,500,000 Water and Sewer self supported bonds
$500,000 Sharpsburg Water meters matching fund for MDE Grant
$2,450,000 AFG $2 million for radio, $450k POS for Ag Center
$250,000 Fundraising/Donation for Ag Center
$23,150,000
■
�e
AMERICAN RESCUE PLAN ACT
& FY21 CAPITAL RESERVE
DRAFT PROGRAM SCHEDULE
.*Washington Count
M A R Y L A N D
y*�
' ARPA OVE RVI EW
M A R Y L A N D
' end
Address Negative Economic Impacts
Services to Disproportionately Impacted Communities
Premium Pay for Essential Workers
Infrastructure: Clean Water, Drinking Water, & Broadband
Revenue Replacement (Up to $10 million)
Administrative Expenses
x* ARPA & FY 21 CIP RESERVE FUNDS
M A R!YL!A N D
n6
1. Fire and Rescue
2. Emergency Operations Center
3. Business assistance, including non -profits
4. Premium pay for essential workers
5. Water/Sewer Infrastructure
6. Assistance to households
7. Technology for virtual services provided by the County
8. Travel, Tourism, and Hospitality
9. Incentive for employee vaccination
10. Public communication efforts related to COVID-19
• Due to COVID-19 uncertainty and potential for 20%
unemployment no General Fund or "paygo" funds were
included in the FY21 CIP budget.
• Finished the year in a more positive fiscal position than
budgeted. Transfer made to CIP in February & August,
2021 and $7.47 million of FY21 funds remains unallocated
in CIP Reserve
• November 16 BOCC meeting — support for funding
Emergency Service Apparatus Needs
ARPA & FY 21 CIP RESERVE FUNDS
r M A R Y L A N D
ARPA Funds
Allocation 1: June 2021
Allocation 1: Remaining
Total ARPA Funds Remaining
FY21 Reserves
2021 Balance
$ million
14.67
8.65
23.32
$ million
FY21 Caoital Reserve Remainine 7.47
Major Items
• Premium Pay $4.6 million
• Antietam Broadband Grant $1.16 million
• IT Equipment $175,000
Major Item
• HCC Acquisition $1.5 million
x* ARPA & FY 21 CIP RESERVE FUNDS
M A R Y L A N D
'n6
1. Tasked with compiling and vetting eligible programs and
projects and preparing a schedule for consideration
2. County Administrator, CFO, Public Works, Business
Development, Grants Management, Emergency Services &
Environmental Management
3. Met on average twice a month (November — December)
4. Final ARPA Guidelines issued January 6, 2022
F
How to support community COVID-19 response efforts with a
forward looking outlook?
2. How to address the unequal impact of the pandemic?
3. What legacy type projects can be accomplished within the
timeframe (completed Dec 2026) that otherwise would not be
possible?
4. How to leverage other funding sources to complete projects?
y*x
x
;J�x OR _
'-Pa1
f� M• A R Y L A N D
�y 776
Emergency Services — I Business & Entrepreneurial Non Profit Assistance to Washington County Clean Premium Pay — ($4.6) Agriculture Education Center
($1.6, $5.1) Support — ($0.175) technical Impacted Communities — Water Sewer — — ($3.5, $0.55) multiuse
Breathing Apparatus, support and job trailing ($1.5) grant program to non- ($4) Capacity Management indoor building for
Ambulances, Fire Engines, profits addressing the Project, ($3) Smithsburg emergency response needs,
Rescue Boats, Power lifts, impact of pandemic on WWTP, ($0) Fort Ritchie shelter requirements, special
radios vulnerable populations Sewerline events, tourism & recreation
EOC Facility Upgrades -
($0.05)
Total
ARPA - $1.6, 5.4%
CIP — $5.15
Community Investment
Grant Program - ($5) 1:1
matching grants assistance
for impacted businesses,
affordable housing, outdoor
and neighborhood
improvements
Convention and Visitors
Bureau — ($0.5) support
tourism related recovery
Total
ARPA - $5.675, 19.3%
CIP — $0
Martin Luther King Gym
Renovation — ($1.5)
Renovate 75 year old gym
used by Head Start, Robert
Johnson Community Center
and operate as community
rec center
Total
ARPA - $3.0, 10.2%
CIP— $0
Washington County Drinking
Water — ($0.5) Sharpsburg
Water Meter Replacement,
($0.3) Sharpsburg Well
Boonsboro Drinking Water —
($1) Reservoir Repairs
Washington County Clean
Water Nonpoint source —
($1) Stormwater
Management
Total
ARPA - $8.8, 30.0%
CIP— $1
*Note program schedule shown includes multiple funding sources beyond ARPA and CIP Reserve
Broadband Expansion —
($1.16) 20% grant match for
Antietam Cable expansion to
665 homes
IT Equipment — ($0.175)
Storage and lodging —
($0.064)
Total
ARPA - $6.02, 20.5%
CIP — $0
Grant Manager — ($0.065)
contracted employee for
financial program
compliance
Unallocated Balance —
($.672) for future requests
and needs
Total
ARPA - $4.237, 14.5%
CIP — $.55
y*�
„ p W ARPA FUNDING ROUNDS
rI
• Business & Entrepreneurial Support
• CVB
• Non-profit Assistance
• Sewer Capacity Management Project
• Contracted grant manager
• $2.4 million to Community Investment
Grant Program
1k 4 1 Wvim so'
• EMS Equipment
• Ag Center Building
• M LK Gym
• Smithsburg WWTP,Stormwater
Management, Sharpsburg water
meter, Sharpsburg well
• $2.6 million to Community
Investment Program
• Unallocated Balance
Funding Rounds
7
y*�
.+ PROGRAM SCHEDULE
M A R Y L A N D
' end
• Review De -tail Program
Schedule with funding
breakdown & program
eligibility sheets
• Questions & Feedback
�/ Thank you
ARPA Committee
John Martirano, County Administrator
Andrew Eshleman, Director - Public Works
Dave Hays, Director — Emergency Services
Kelcee Mace, Interim CFO
Mark Bradshaw, Director — Environmental Management
Susan Buchanan, Director — Office of Grant Management
Susan Grimes, Director — Business Development
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