HomeMy WebLinkAbout200915aJeffrey A. Cline, President
Terry L. Baker, Vice President
Krista L. Hart, Clerk
BOARD OF COUNTY COMMISSIONERS
September 15, 2020
OPEN SESSION AGENDA
The meeting of the Board of County Commissioners of Washington County will be held at 100 West Washington Street, Suite 1113,
Hagerstown. Due to Governor Hogan’s Executive Order and gathering restrictions, Board members will be practicing social
distancing. County buildings remain closed to public access except by appointment. Therefore, there will be no public attendance in
the meeting chambers. The meeting will be live streamed on the County’s YouTube and Facebook sites.
10:00 AM MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE
CALL TO ORDER, President Jeffrey A. Cline
10:05 AM APPROVAL OF MINUTES: August 25, 2020 and September 1, 2020
10:10 AM COMMISSIONERS’ REPORTS AND COMMENTS
10:15 AM STAFF COMMENTS
10:20 AM 9/11 REMBERANCE PROCLAMATION
10:25 AM ESTABLISHING ONE ENTITY IN WASHINGTON COUNTY AS THE LOCAL
AUTHORITY FOR BEHAVIORAL HEALTH SERVICES – Rick Rock, Wash Co Mental
Health Authority; Earl Stoner, Health Officer; Vicki Sterling, Local Addiction Authority, Health
Department
10:30 AM COUNTY COMMISSIONERS OF WASHINGTON COUNTY TAXABLE
REFUNDING BONDS OF 2020 AUTHORIZING RESOLUTION – Lindsey Rader, Bond
Counsel; Sara Greaves, CFO
10:35 AM EXECUTIVE ORDER – PAYROLL TAX DEFERRAL – Sara Greaves, CFO
10:45 AM INTERGOVERNMENTAL COOPERATIVE PURCHASE OF NINE 2021 FORD
POLICE INTERCEPTOR UTILITY VEHICLES FOR SHERIFF’S OFFICE (INTG-20-
0045) – Brandi Naugle, Buyer, Purchasing; Alan Matheny, Fleet Logistics & Commercial
Vehicle Enforcement Supervisor, Sheriff’s Office
10:50 AM INTERGOVERNMENTAL COOPERATIVE PURCHASE OF AMMUNITION (INTG-
20-0041) – Rick Curry, Director, Purchasing; Cody Miller, Grants Manager/Quartermaster
10:55 AM INTERGOVERNMENTAL COOPERATIVE PURCHASE OF AEROCLAVE ROOM
DECONTAMINATION SYTSEM FOR EMERGENCY SERVICES (INTG-20-0040) –
Rick Curry, Director, Purchasing; Shawn Hartstock, Captain, Division of Emergency Services
11:00 AM INTERGOVERNMENTAL COOPERATIVE PURCHASE OF ONE NEW 35-TON
DUMP TRUCK FOR SOLID WASTE (INTG-20-0039) – Rick Curry, Director; Dave
Mason, Solid Waste
11:05 AM DRAPER CONSERVATION RESERVE ENHANCEMENT PROGRAM EASEMENT
PROPOSAL – Chris Boggs, Land Preservation Planner, Planning & Zoning
Wayne K. Keefer
Cort F. Meinelschmidt
Randall E. Wagner
Page 2 of 2
OPEN Session Agenda
September 15, 2020
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.
11:10 AM FY21 OPIOID OPERATIONAL COMMAND CENTER GRANT– Rebecca Hogamier,
Program Director, Sheriff’s Office Day Reporting Center; Allison Hartshorn, Grant Manager,
Office of Grant Management
11:15 AM EMERGENCY NUMBER SYSTEMS BOARD – APPROVAL TO SUBMIT
APPLICATION AND ACCEPT AWARDED FUNDING FOR ADD ON SERVICE FOR
TELEPHONE SYSTEM – Brian Albert, Assistant Director, Emergency Communications;
Allision Hartshorn, Grant Manager, Office of Grant Management
11:20 AM APPROVAL OF ZONING MAP AMENDMENT RZ-20-001 – Travis Allen,
Comprehensive Planner, Planning & Zoning; Kirk Downey, County Attorney
11:25 AM EMPLOYEE VACATION LEAVE CARRY-OVER REQUEST – Deborah Condo, Deputy
Director, Human Resources
11:30 AM CITIZEN PARTICIPATION DURING OPEN MEETINGS – Tom Brown, Emergency
Manager
11:35 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)
12:30 PM ADJOURNMENT
Open Session Item
SUBJECT: National Day of Service and Remembrance
PRESENTATION DATE: September 15, 2020
PRESENTATION BY: Board of County Commissioners
REPORT-IN-BRIEF: Certificate of Recognition Presentation
WHEREAS, on September 11, 2001 many Americans faced both an indescribable tragedy
and an extraordinary challenge, and;
WHEREAS, all citizens of our Country come together to pray for those whose lives were
forever changed by the loss of a loved one, and;
WHEREAS, we strengthened our resolve to stand together as one Nation, and;
WHEREAS, the strength of our Nation may have been tested in New York City, Washington
D.C. and in a field near Shanksville, Pennsylvania, but our resilience never failed, and;
WHEREAS our gratitude is given to the first responders and all heroes who acted and saved
so many lives, their service will never be forgotten.
NOW THEREFORE, We the Board of County Commissioners of Washington County,
Maryland, do hereby recognize the month of September 2020 as “National Day of Service
and Remembrance” in Washington County and do commend this observance to all our
citizens.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Establishing one entity in Washington County as the local authority for Behavioral Health
Services.
PRESENTATION DATE: September 15, 2020
PRESENTATION BY: Rick Rock, Director, Washington County Mental Health Authority, Inc.; Earl
Stoner, Health Officer, Washington County Health Department; Vicki Sterling, Local Addiction
Authority, Washington County Health Department.
RECOMMENDED MOTION: Establish a community workgroup to discuss and recommend to the
Board of County Commissioners a new structure for a single local behavioral health authority for
Washington County.
REPORT-IN-BRIEF: 1) Define the current structure of local authorities for mental health and
substance use disorders; 2) Provide the basis for the purpose of establishing one entity as the local
authority in the County; and 3) Discuss the function of a community workgroup and provide examples
of membership.
DISCUSSION:
FISCAL IMPACT: Unknown at this time.
CONCURRENCES:
ATTACHMENTS: Schematic regarding the current structure in Washington County
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
MD DEPARTMENT OF HEALTH
BEHAVIORAL HEALTH ADMINISTRATION
WASHINGTON COUNTY MENTAL
HEALTH AUTHORITY
(CORE SERVICE AGENCY)
WASHINGTON COUNTY HEALTH DEPT.
(LOCAL ADDICTION AUTHORITY - LAA)
LOCAL BEHAVIORAL HEALTH AUTHORITY
(LBHA)
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Open Session Item
SUBJECT: County Commissioners of Washington County Taxable Refunding Bonds of 2020
Authorizing Resolution
PRESENTATION DATE: September 15, 2020
PRESENTATION BY: Lindsey A. Rader, Bond Counsel for Washington County, and Sara L.
Greaves, Chief Financial Officer
RECOMMENDED MOTION: Move to approve the resolution authorizing County Commissioners
of Washington County (the “County”) to issue and sell, at public sale, upon its full faith and credit, a
series of general obligation bonds in the original aggregate principal amount not to exceed
$22,000,000 for the purpose of advance refunding in whole or in part the outstanding callable
maturities of the County’s (i) Public Improvement Bonds of 2011 (the “2011 Bonds”) and/or (ii) Public
Improvement Bonds of 2012 (the “2012 Bonds”), and paying issuance costs.
REPORT-IN-BRIEF: Certain Chapter Laws of Maryland, County Code provisions and provisions
of the Annotated Code of Maryland, as applicable, authorize the County to issue and sell at public
sale, upon its full faith and credit, general obligation bonds for the purpose of advance refunding in
whole or in part the outstanding callable maturities of the 2011 Bonds and the 2012 Bonds. The
callable maturities of the 2011 Bonds may not be redeemed at the County’s option until July 1, 2021,
and the callable maturities of the 2012 Bonds may not be redeemed at the County’s option until July
1, 2022. Under current federal tax law, such advance refunding bonds must be issued on a taxable
basis. The refunding bonds will not exceed $22,000,000 in original aggregate principal amount (the
amortization schedule for the refunding bonds set forth in the resolution assumes an original aggregate
principal amount of $19,675,000). Certain details of the refunding bonds are subject to adjustment
based on market conditions, due to legal or tax considerations or for other reasons identified in the
resolution. The Chief Financial Officer is authorized to make certain determinations and adjustments
with respect to the refunding bonds prior to release of the Preliminary Official Statement provided for
in the resolution or following such release but prior to the sale of the refunding bonds, including
(without limitation) adjustments to the original aggregate principal amount thereof and the
amortization schedule therefor; changing the principal and interest payment dates if the sale date is
moved beyond October 31, 2020 (it is currently scheduled for September 30, 2020); and determining
the prior bonds to be refunded. In addition, authority to award or reject all bids at the sale, and to
make certain post-sale adjustments contemplated by the resolution, is delegated to the Chief Financial
Officer, who shall act by order.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
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The resolution does not provide for the advance refunding of the 2011 Bonds maturing on July 1, 2021
or the 2012 Bonds maturing on July 1, 2021 and July 1, 2022; the County will pay debt service on
those bonds as scheduled. In addition, the resolution does not provide for the advance refunding of
the County’s Refunding Bonds of 2012 issued simultaneously with the 2012 Bonds.
DISCUSSION: The resolution provides that the Chief Financial Officer may determine not to issue
the refunding bonds at all if sufficient cost savings cannot be achieved. It is anticipated that any net
original issue premium received in connection with the sale will be applied first to pay underwriter’s
discount and then to cover issuance costs and/or to reduce the par amount of the refunding bonds need
to be issued to advance refund the 2011 Bonds and 2012 Bonds refunding candidates. Unlike with a
tax-exempt issue, significant net original issue premium is not typically realized in connection with
the sale of a taxable issue; accordingly, the authorized par amount of the refunding bonds has been
sized to cover issuance costs in the event net original issue premium is insufficient for such purpose.
While the amount of net original issue premium bid by bidders at the sale held for the County’s Public
Improvement Bonds of 2020 and Refunding Bonds of 2020 issued in June 2020 allowed the County
to reduce the actual par amount of those bonds series to be issued, it is not anticipated that the County
will receive net original issue premium with respect to the refunding bonds in an amount that will
allow it to significantly reduce the par amount of the refunding bonds to be issued.
FISCAL IMPACT: The refunding will be pursued only if debt service savings can be achieved.
CONCURRENCES: Interim County Administrator and County Attorney
ALTERNATIVES: Depending on market conditions at the time of sale, the County could forego
potential debt service savings if the refunding bonds are not issued.
ATTACHMENTS: Resolution and draft Preliminary Official Statement. (Financial Statements and
Supplemental Schedules together with Report of Independent Public Accountants available online at
www.washco-md.net under Budget and Finance Department.)
AUDIO/VISUAL NEEDS: N/A
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RESOLUTION NO. RS-2020-____
A RESOLUTION AUTHORIZING AND EMPOWERING COUNTY COMMISSIONERS OF
WASHINGTON COUNTY (THE “COUNTY”) TO ISSUE AND SELL AT PUBLIC SALE,
UPON ITS FULL FAITH AND CREDIT, A SERIES OF ITS GENERAL OBLIGATION BONDS
DESIGNATED “COUNTY COMMISSIONERS OF WASHINGTON COUNTY TAXABLE
REFUNDING BONDS OF 2020”, PURSUANT TO THE PROVISIONS OF, AS APPLICABLE,
CHAPTER 392 OF THE LAWS OF MARYLAND OF 2007, TITLE 6 OF THE CODE OF
PUBLIC LOCAL LAWS OF WASHINGTON COUNTY (2019 EDITION), AND SECTION 19-
207 OF THE LOCAL GOVERNMENT ARTICLE OF THE ANNOTATED CODE OF
MARYLAND, EACH AS AMENDED AS APPLICABLE, FOR THE PUBLIC PURPOSE OF
ADVANCE REFUNDING ALL OR A PORTION OF THE OUTSTANDING (1) COUNTY
COMMISSIONERS OF WASHINGTON COUNTY PUBLIC IMPROVEMENT BONDS OF
2011 AND/OR (2) COUNTY COMMISSIONERS OF WASHINGTON COUNTY PUBLIC
IMPROVEMENT BONDS OF 2012, AND PAYING RELATED COSTS; SPECIFYING THE
MAXIMUM ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF SUCH SERIES OF
BONDS, AND PROVIDING FOR ADJUSTMENTS TO THE ORIGINAL AGGREGATE
PRINCIPAL AMOUNT OF SUCH BONDS AS SPECIFIED HEREIN, SUBJECT TO SUCH
STATED MAXIMUM; PRESCRIBING THE TERMS AND CONDITIONS OF THE BONDS
AND THE TERMS AND CONDITIONS UPON WHICH THE BONDS SHALL BE ISSUED
AND SOLD AND OTHER INCIDENTAL DETAILS WITH RESPECT THERETO; PLEDGING
THE FULL FAITH AND CREDIT AND UNLIMITED TAXING POWER OF THE COUNTY
TO THE PAYMENT OF THE BONDS AND PROVIDING THAT, IN THE EVENT FUNDS
AVAILABLE TO THE COUNTY ARE INSUFFICIENT TO PAY THE PRINCIPAL OF AND
INTEREST ON THE BONDS, THE COUNTY SHALL LEVY AND COLLECT AD VALOREM
TAXES UPON ALL THE LEGALLY ASSESSABLE PROPERTY WITHIN WASHINGTON
COUNTY SUFFICIENT TO PROVIDE FOR SUCH PAYMENTS WHEN DUE; PROVIDING
FOR, AS APPLICABLE, A BOND REGISTRAR AND PAYING AGENT, AN ESCROW
DEPOSIT AGENT, AN ESCROW DEPOSIT AGREEMENT, A BIDDING AGENT AND A
VERIFICATION CONSULTANT WITH RESPECT TO THE PROCEEDS OF THE BONDS;
PROVIDING FOR THE DISBURSEMENT OF THE PROCEEDS OF THE BONDS;
APPROVING A PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING THE
PREPARATION AND DISTRIBUTION OF AN OFFICIAL STATEMENT IN CONNECTION
WITH THE ISSUANCE AND SALE OF SAID BONDS; MAKING CERTAIN FINDINGS
CONCERNING DEBT LIMITATIONS OF WASHINGTON COUNTY; PROVIDING FOR THE
REDEMPTION OF THE REFUNDED BONDS; PROVIDING THAT THE PROVISIONS OF
THIS RESOLUTION SHALL BE LIBERALLY CONSTRUED; AND GENERALLY
PROVIDING FOR THE ISSUANCE OF SAID BONDS.
R E C I T A L S
Chapter 392 of the Laws of Maryland of 2007 (the “2007 Act”) authorized and empowered
County Commissioners of Washington County (the “County”) to issue and sell bonds upon its full
faith and credit in an aggregate principal amount not to exceed $80,000,000 to provide funds to
finance the cost of the construction, improvement or development (within the meaning of such
Act) of certain public facilities in Washington County.
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Title 6 of the Code of Public Local Laws of Washington County, Maryland, as amended to
date, including, without limitation, the 2019 Edition (the “Water and Sewer Act”), authorizes and
empowers the County to issue bonds upon its full faith and credit to provide funds for the purpose
of paying the cost of a water system, sewerage system or drainage system or any part of such
system that the County owns, constructs or operates (referred to as “projects” in the Water and
Sewer Act).
Pursuant to the authority of the 2007 Act and the Water and Sewer Act, each as then in
effect, the County previously issued upon its full faith and credit its County Commissioners of
Washington County Public Improvement Bonds of 2011, dated May 24, 2011, in the original
aggregate principal amount of $14,170,000 (the “2011 Bonds”). As originally issued, the 2011
Bonds are scheduled to mature on July 1 in the years 2012-2031, inclusive. The 2011 Bonds
maturing on and after July 1, 2022 are subject to redemption prior to their respective maturities, at
the option of the County, in whole or in part on any date on or after July 1, 2021, in such order as
shall be determined by the County, at a redemption price of the principal amount of such 2011
Bonds (or portions thereof) to be redeemed, plus accrued interest to the date fixed for redemption,
without premium or penalty.
Pursuant to the authority of the 2007 Act and the Water and Sewer Act, each as then in
effect, the County previously issued upon its full faith and credit its County Commissioners of
Washington County Public Improvement Bonds of 2012, dated May 24, 2012, in the original
aggregate principal amount of $17,765,000 (the “2012 Bonds”). As originally issued, the 2012
Bonds are scheduled to mature (i) as serial bonds on July 1 in the years 2013-2027, inclusive, and
in the years 2030-2032, inclusive, and (ii) as term bonds on July 1, 2029, with mandatory sinking
fund installments due on such term bonds on July 1, 2028 and July 1, 2029. The 2012 Bonds
maturing on and after July 1, 2023 are subject to redemption prior to their respective maturities, at
the option of the County, in whole or in part on any date on or after July 1, 2022, in such order as
shall be determined by the County, at a redemption price of the principal amount of such 2012
Bonds (or portions thereof) to be redeemed, plus accrued interest to the date fixed for redemption,
without premium or penalty.
Simultaneously with the issuance of the 2012 Bonds, the County issued its County
Commissioners of Washington County Refunding Bonds of 2012, dated May 24, 2012, in the
original aggregate principal amount of $7,740,000 (the “2012 Refunding Bonds”). The County is
not pursuing a refunding of the 2012 Refunding Bonds at this time.
Pursuant to the authority of the 2007 Act, the Water and Sewer Act and Section 19-207 of
the Local Government Article of the Annotated Code of Maryland (the “Refunding Act”), as
applicable and as amended to date, the County has determined to advance refund all or a portion
of the outstanding callable maturities of the 2011 Bonds and the 2012 Bonds as set forth on Exhibit
A attached hereto, subject to the further provisions of this Resolution. Due to federal tax law
changes, the County may not issue tax-exempt bonds to advance refund such outstanding bonds.
Accordingly, any refunding bonds issued pursuant to this Resolution shall be issued on a taxable
basis for federal income tax purposes.
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Any refunded 2011 Bonds and any refunded 2012 Bonds will be advance refunded from
proceeds of the issuance and sale of a series of the County’s general obligation bonds in an original
aggregate principal amount not to exceed $22,000,000, subject to the further provisions of this
Resolution.
The County has determined that the total debt service cost to the County with respect to
any refunded 2011 Bonds and any refunded 2012 Bonds will be reduced by the County issuing the
refunding bonds provided for in this Resolution and applying proceeds thereof to discharge and
satisfy the indebtedness evidenced by such refunded bonds, thereby satisfying a requirement of
the Refunding Act by realizing savings in the total cost of debt service on a direct comparison or
present value basis.
The 2007 Act, the Water and Sewer Act and the Refunding Act are together referred to
herein as the “Acts”.
References in this Resolution to “principal amount” or “principal amounts” shall be
construed as “par amount” or “par amounts”, respectively. References in this Resolution to
“finance” or “financing” are deemed to include “reimburse” or “reimbursing”, respectively.
These Recitals constitute an integral part of this Resolution. Capitalized terms used in
these Recitals and not otherwise defined in the following Sections of this Resolution shall have
the meanings given to such terms in these Recitals.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF WASHINGTON COUNTY:
Section 1. Subject to the further provisions of this Resolution, the County hereby
determines that it is necessary to borrow money and incur indebtedness pursuant to the authority
of the 2007 Act, the Water and Sewer Act and the Refunding Act, as applicable, to advance refund
all or a portion of the outstanding 2011 Bonds and/or the outstanding 2012 Bonds identified on
Exhibit A hereto and to finance or reimburse related costs of issuance. The final maturities or
portions of maturities of the 2011 Bonds and/or the 2012 Bonds to be so advance refunded, if any,
will be determined prior to or upon the sale of the Refunding Bonds identified in the next paragraph
in accordance with the further provisions of this Resolution. Any such 2011 Bonds and any such
2012 Bonds that are finally determined to be advance refunded in accordance with the provisions
of this Resolution are referred to herein collectively as the “Refunded Bonds”. The potential
Refunded Bonds are all outstanding callable maturities of the 2011 Bonds and the 2012 Bonds.
Pursuant to the authority of the 2007 Act, the Water and Sewer Act and the Refunding Act,
as applicable, the County has determined to borrow on its full faith and credit an original aggregate
principal amount not to exceed $22,000,000 in order to provide for the advance refunding of the
Refunded Bonds and the financing or reimbursement of related costs of issuance, and shall
evidence such borrowing by the issuance of a single series of its general obligation bonds in an
original aggregate principal amount not to exceed $22,000,000 and designated “County
Commissioners of Washington County Taxable Refunding Bonds of 2020” (collectively, the
“Refunding Bonds” and, individually, a “Refunding Bond”).
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It is the current intention of the Board of County Commissioners of Washington County, the
governing body of the County (the “Board”), subject to market conditions, to advance refund all of
the currently outstanding potential Refunded Bonds identified on Exhibit A hereto and to redeem such
Refunded Bonds on the respective first date on which the Refunded Bonds of each series are subject
to redemption at the option of the County, as identified on Exhibit A hereto. Notwithstanding
anything to the contrary contained in this Resolution, in the event the Chief Financial Officer of
the County (who constitutes the Director of the Office of Budget and Finance for purposes of the
County Code, the “Chief Financial Officer”), on behalf of the County, with the advice of the
financial advisor to the County and bond counsel to the County, determines from time to time prior
to the sale of the Refunding Bonds that legal or tax considerations limit the County’s ability to
advance refund a portion of the potential Refunded Bonds identified on Exhibit A hereto, that
sufficient savings cannot be achieved or the goals of the applicable Acts will not be met by
refunding a portion of the potential Refunded Bonds identified on Exhibit A hereto, that anticipated
original issue premium is expected to be available for application to the advance refunding of the
Refunded Bonds, and/or that the amortization schedule for the Refunding Bonds should be
adjusted in order to maximize debt service savings in any particular fiscal year or years, to avoid
an over-issuance problem and/or due to market considerations, such official may adjust the original
aggregate principal amount of the Refunding Bonds as set forth in Section 2 hereof upward or
downward (so long as such original aggregate principal amount, as adjusted, does not exceed
$22,000,000), and correspondingly adjust one or more of the original aggregate principal amounts
of the maturities of the Refunding Bonds set forth in Section 3 hereof upward or downward, and
to the extent necessary, eliminate one or more of the maturities of the Refunding Bonds provided
for in Section 3 hereof, in order to reflect such overall adjustment in the original aggregate
principal amount of the Refunding Bonds, and any such adjustment (i) shall be reflected in the
Preliminary Official Statement provided for in Section 20 hereof if such determination is made
prior to the release of such Preliminary Official Statement or (ii) shall be communicated in
accordance with the provisions of the official Notice of Sale provided for in Section 10 hereof if
such determination is made after the release of such Preliminary Official Statement. It is the stated
intention of the Board that, to the extent available for such purpose, any original issue premium
provided for in the successful bidder’s bid for the Refunding Bonds be applied to reducing the par
amount of the Refunding Bonds needed for the purposes contemplated in this Section 1 after giving
effect to the payment of underwriter’s discount and any amount of such original issue premium
that may be applied to costs of issuance of the Refunding Bonds.
In addition, notwithstanding anything to the contrary contained in this Resolution, in the
event the Chief Financial Officer, on behalf of the County, with the advice of the financial advisor
to the County and bond counsel to the County, determines from time to time prior to the sale of
the Refunding Bonds that legal or tax considerations limit the County’s ability to advance refund
any portion of the potential Refunded Bonds identified on Exhibit A hereto and/or that sufficient
savings cannot be achieved or the goals of the applicable Acts will not be met by advance refunding
any portion of the potential Refunded Bonds identified on Exhibit A hereto, such official may
determine that the Refunding Bonds shall not be issued. If the Preliminary Official Statement
provided for in Section 20 hereof has been released prior to such determination, such determination
shall be communicated in accordance with the provisions of the official Notice of Sale provided
for in Section 10 hereof. In such event, all provisions of this Resolution relating to the issuance
of the Refunding Bonds and the advance refunding and redemption of the Refunded Bonds shall
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be construed to be inapplicable. The provisions of this paragraph provide for the delegation to the
Chief Financial Officer of certain authority separate and apart from other authority delegated to
the Chief Financial Officer pursuant to the provisions of this Resolution to postpone and
reschedule the sale of the Refunding Bonds from time to time.
The final actual maturities or portions of maturities of the potential Refunded Bonds
identified on Exhibit A hereto to be advance refunded from the proceeds of the Refunding Bonds,
if any, shall be determined in accordance with an order of the Chief Financial Officer delivered in
conjunction with the award of the sale of the Refunding Bonds in accordance with the provisions
of Section 11 hereof.
The final original aggregate principal amount of the Refunding Bonds, the final maturities
of the Refunding Bonds, and the final original aggregate principal amount of each maturity of the
Refunding Bonds, if any, will be determined in accordance with an order or orders of the Chief
Financial Officer delivered in conjunction with the award of the sale of the Refunding Bonds in
accordance with the provisions of Section 11 hereof.
The County will not be advance refunding (i) the 2011 Bonds maturing on July 1, 2021
or (ii) the 2012 Bonds maturing on July 1, 2021 and July 1, 2022.
Section 2. The Refunding Bonds shall be dated their dated date and shall be issued in the
denominations of $5,000 each or any integral multiple thereof. The Refunding Bonds shall bear
interest from their dated date. Subject to the further provisions of this Section 2, interest on the
Refunding Bonds shall be payable on January 1, 2021 and on each July 1 and January 1 thereafter
until maturity or, as applicable, prior redemption. Each January 1 or July 1 on which interest is
due on the Refunding Bonds is referred to herein as an “Interest Payment Date”. Interest shall be
calculated on a 30-day month/360-day year basis.
Subject to the provisions of this Resolution, the Refunding Bonds shall mature or be subject
to mandatory sinking fund redemption as designated by the successful bidder for the Refunding
Bonds, on July 1 of the years and in the amounts as follows:
REFUNDING BONDS*
* The principal amortization schedule for the Refunding Bonds set forth above is based on market
conditions as of August 7, 2020 and provides for the Refunding Bonds to be issued in the original
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aggregate principal amount of $19,675,000. The original aggregate principal amount of, and
original aggregate principal amount of each maturity of, the Refunding Bonds, is subject to
adjustment or elimination as provided in Section 1 hereof and in the official Notice of Sale
provided for in Section 10 hereof. In addition, the original aggregate principal amount of, and/or
the original aggregate principal amount of each maturity of, the Refunding Bonds is subject to
adjustment upward or downward after receipt of bids in accordance with the provisions of the
official Notice of Sale provided for in Section 10 hereof. The final original aggregate principal
amount of the Refunding Bonds, as issued, shall not exceed $22,000,000.
Notwithstanding anything to the contrary contained in this Section 2, in the event the Chief
Financial Officer determines at or prior to the date of sale of the Refunding Bonds in accordance
with the provisions of Section 1 hereof not to refund one or more maturities of the potential
Refunded Bonds, the Chief Financial Officer, with the advice of the financial advisor to the County
and bond counsel to the County, is hereby authorized and empowered to (i) determine the first and
last such principal payment dates for the Refunding Bonds, and (ii) change the first Interest
Payment Date for the Refunding Bonds, and any such adjustments (A) shall be reflected in the
Preliminary Official Statement provided for in Section 20 hereof if such determination is made
prior to the release of such Preliminary Official Statement or (B) shall be communicated in
accordance with the provisions of the official Notice of Sale provided for in Section 10 hereof if
such determination is made after the release of such Preliminary Official Statement.
The foregoing provisions of this Section 2 are also subject to the provisions of Sections 1,
10 and 11 hereof.
Subject to the provisions of Section 10 hereof, each Refunding Bond shall bear interest
from its dated date if no interest payment has been paid or from the most recent Interest Payment
Date to which interest has been paid or duly provided for; provided, however, that each Refunding
Bond authenticated after the Record Date (as hereinafter defined) for any Interest Payment Date,
but prior to such Interest Payment Date, shall bear interest from such Interest Payment Date.
Interest on the Refunding Bonds shall be paid at the rate or rates named by the successful bidder
therefor in accordance with the terms of the official Notice of Sale hereinafter provided for.
The County hereby appoints Manufacturers and Traders Trust Company, a New York state
banking corporation, as bond registrar and as paying agent for the Refunding Bonds (the “Bond
Registrar and Paying Agent”).
The principal of and interest on the Refunding Bonds shall be payable in such money of
the United States of America as is lawful at the time of payment.
So long as the Refunding Bonds are maintained in Book-Entry Form (as hereinafter
defined), payments of principal or redemption price (if any) of the Refunding Bonds shall be made
as described in Section 4 hereof. At any other time, the principal or redemption price (if any) of
each Refunding Bond shall be paid upon presentment and surrender of such Refunding Bond on
the date such principal or redemption price (if any) is payable or if such date is not a Business Day
(as hereinafter defined) then on the next succeeding Business Day at the designated corporate trust
office of the Bond Registrar and Paying Agent.
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Interest on each Refunding Bond shall be payable to the person in whose name such
Refunding Bond is registered (the “Registered Owner”) on the registration books maintained for
the Refunding Bonds as of the close of business on the 15th calendar day of the month immediately
preceding each Interest Payment Date (the “Record Date”). So long as the Refunding Bonds are
maintained in Book-Entry Form, payment of interest on of the Refunding Bonds shall be made as
described in Section 4 hereof. At any other time, payment of the interest on each Refunding Bond
shall be made by check mailed on the date such interest is payable or, if such date is not a Business
Day, then the next succeeding Business Day to the address of such Registered Owner as it appears
on said registration books for the Refunding Bonds (the “Bond Register”).
“Business Day” means a day other than a Saturday, Sunday or day on which the Bond
Registrar and Paying Agent is authorized or obligated by law or required by executive order to
remain closed.
The interest on any Refunding Bond which is payable, but is not punctually paid or duly
provided for, on the appropriate Interest Payment Date shall forthwith cease to be payable to the
Registered Owner thereof by virtue of having been such Registered Owner on the relevant Record
Date; and such interest shall be paid by the Bond Registrar and Paying Agent to the person in
whose name the Refunding Bond (or its predecessor Refunding Bond) is registered at the close of
business on a date to be fixed by the Bond Registrar and Paying Agent for the payment of such
interest, notice thereof being given by first class mail (postage prepaid) to said person not fewer
than 30 days prior to such record date, at the address of such person appearing on the Bond
Register, or may be paid at any time in any other lawful manner not inconsistent with the
requirements of any securities exchange on which the Refunding Bonds may be listed and upon
such notice as may be required by such exchange.
Section 3. The Refunding Bonds shall be issued as fully registered bonds registered on the
Bond Register kept for that purpose by the Bond Registrar and Paying Agent, and shall be
registered and transferred in accordance with the terms and conditions set forth in the Refunding
Bonds. The Refunding Bonds shall be initially issued in the form of separate, single, authenticated,
fully registered Refunding Bonds in the amount of each separate maturity of the Refunding Bonds.
Section 4. The provisions of this Section 4 shall apply to the Refunding Bonds so long as
the Refunding Bonds shall be maintained in Book-Entry Form with a Depository (as hereinafter
defined), any other provisions of this Resolution to the contrary notwithstanding.
A system for registration of the Refunding Bonds in Book-Entry Form with a Depository,
which shall initially be The Depository Trust Company (“DTC”), shall be in effect on the date of
the issuance and delivery of the Refunding Bonds.
(a) Upon initial issuance and delivery, one fully registered bond for the original
aggregate principal amount of each maturity of the Refunding Bonds will be registered in the name
of Cede & Co., as nominee for DTC, and immobilized in the custody of DTC or held by the Bond
Registrar and Paying Agent on DTC’s behalf through DTC’s “FAST” system.
8
(b) Transfer of ownership interests in the Refunding Bonds will be accomplished by
book entries made by the Depository and, in turn, by the direct or indirect participants (the
“Participants”) who act on behalf of the ultimate purchasers of the Refunding Bonds (the
“Beneficial Owners”). The Beneficial Owners will not receive certificates representing their
ownership in the Refunding Bonds, except as hereafter provided.
(c) The principal or redemption price (if any) of and interest on the Refunding Bonds
shall be payable to the Depository, or registered assigns, as the registered owner of the Refunding
Bonds, in same day funds on each date on which the principal or redemption price (if any) of or
interest on such the Refunding Bonds is due as provided for in this Resolution and in the Refunding
Bonds or as otherwise required by the Depository. Such payments shall be made to the offices of
the Depository specified by the Depository to the Bond Registrar and Paying Agent in writing.
Without notice to or the consent of the holders of the Refunding Bonds, the County, the Bond
Registrar and Paying Agent and the Depository may agree in writing to make payments of principal
and interest on the Refunding Bonds in a manner different from that set out herein; no such written
agreement shall be required if a change is provided for in the Depository’s operational
arrangements. Neither the County nor the Bond Registrar and Paying Agent shall have any
obligation with respect to the transfer or crediting of the appropriate principal and interest
payments to the Participants or the Beneficial Owners or their nominees.
(d) The County may replace any Depository as the securities depository for the
Refunding Bonds with another Depository or discontinue the maintenance of the Refunding Bonds
with any Depository if (i) the County, in its sole discretion, determines that any (A) such
Depository is incapable of discharging its duties with respect to the Refunding Bonds, or (B) the
interests of the Beneficial Owners of the Refunding Bonds might be adversely affected by the
continuation of the Book-Entry System (as hereinafter defined) with such Depository as the
securities depository for the Refunding Bonds, or (ii) such Depository determines not to continue
to act as a securities depository for the Refunding Bonds or is no longer permitted to act as such
securities depository. Notice of any determination pursuant to clause (i) shall be given to such
Depository at least 30 days prior to any such discontinuance (or such fewer number of days as
shall be acceptable to such Depository). Neither the County nor the Bond Registrar and Paying
Agent will have any obligation to make any investigation to determine the occurrence of any events
that would permit the County to make any determination described in this paragraph.
(e) If, following a determination or event specified in subsection (d) above, the County
discontinues the maintenance of the Refunding Bonds in Book-Entry Form, the County will issue
replacement bonds (the “Replacement Bonds”) directly to the applicable Participants as shown on
the records of the Depository or, to the extent requested by any Participant, to the Beneficial
Owners of the Refunding Bonds as further described in this Section. The Bond Registrar and
Paying Agent shall make provisions to notify the applicable Participants and the applicable
Beneficial Owners by mailing an appropriate notice to the Depository, or by other means deemed
appropriate by the Bond Registrar and Paying Agent in its discretion, that the County will issue
Replacement Bonds directly to the Participants shown on the records of the Depository or, to the
extent requested by any Participant, to Beneficial Owners of the Refunding Bonds shown on the
records of such Participant, as of a date set forth in such notice, which shall be a date at least 10
9
days after receipt of such notice by the Depository (or such fewer number of days as shall be
acceptable to the Depository).
In the event that Replacement Bonds are to be issued to the Participants or to the Beneficial
Owners with respect to the Refunding Bonds, the Bond Registrar and Paying Agent shall promptly
have prepared Replacement Bonds registered in the names of such Participants as shown on the
records of the Depository or, if requested by such Participants, in the names of the Beneficial
Owners of the Refunding Bonds, as shown on the records of such Participants as of the date set
forth in the notice delivered in accordance with the immediately preceding paragraph.
Replacement Bonds issued to Participants or to Beneficial Owners shall be in the authorized
denominations, be payable as to principal and interest on the same dates as the Refunding Bonds,
with interest being payable by check or draft mailed to each registered owner at the address of
such owner as it appears on the Bond Register and principal being payable upon presentation to
the Bond Registrar and Paying Agent, and be in fully registered form.
Replacement Bonds issued to a Depository shall have the same terms, form and content as
the Refunding Bonds initially registered in the name of the Depository to be replaced or its
nominee except for the name of the record owner.
(f) The Depository and its Participants and the Beneficial Owners, by their acceptance
of the Refunding Bonds, agree that neither the County nor the Bond Registrar and Paying Agent
shall have any liability for the failure of the Depository to perform its obligations to the Participants
and the Beneficial Owners, nor shall the County or the Bond Registrar and Paying Agent be liable
for the failure of any Participant or other nominee of the Beneficial Owners to perform any
obligation to the Beneficial Owners of the Refunding Bonds.
For purposes of this Section 4, the following words have the following meanings:
“Book-Entry Form” or “Book-Entry System” means a form or system, as applicable, under
which (i) the ownership of beneficial interests in the Refunding Bonds may be transferred only
through a book-entry and (ii) physical bond certificates for the Refunding Bonds in fully registered
form are registered only in the name of a Depository or its nominee as holder, with the physical
bond certificates “immobilized” in the custody of the Depository or its nominee or in the custody
of the Bond Registrar and Paying Agent on behalf of the Depository.
“Depository” means any securities depository that is a “clearing corporation” within the
meaning of the New York Uniform Commercial Code and a “clearing agency” registered pursuant
to the provisions of Section 17A of the Securities Exchange Act of 1934, as amended, operating
and maintaining, with its participants or otherwise, a Book-Entry System to record ownership of
beneficial interests in municipal bonds, and to effect transfers of municipal bonds, in Book-Entry
Form, and includes and means initially The Depository Trust Company.
Section 5. (a) The Refunding Bonds are not subject to redemption prior to their stated
maturities at the option of the County.
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(b) Additional provisions relating to the mandatory sinking fund redemption of the
Refunding Bonds (if applicable) are provided for in the form of Refunding Bond set forth in
Section 7 hereof.
(c) Notwithstanding any provisions contained herein, during any period in which the
Refunding Bonds are maintained pursuant to a Book-Entry System, any mandatory sinking fund
redemption of the Refunding Bonds shall occur in accordance with the Depository’s standard
procedures for mandatory sinking fund redemption of obligations such as the applicable Refunding
Bonds.
The provisions of this Section 5 are also subject to the provisions of Section 10 hereof.
Section 6. The Refunding Bonds, when issued, shall be executed in the name of the
County by the manual or facsimile signature of the President or the Vice President of the Board
and the seal of, or a facsimile of the seal of, the County shall be imprinted thereon, and the
Refunding Bonds shall be attested by the manual or facsimile signature of the County Clerk and
authenticated by the manual signature of the Bond Registrar and Paying Agent.
In the event any official of the County whose signature shall appear on any Refunding
Bond described in this Resolution shall cease to be such official prior to the delivery of said
Refunding Bond, his/her signature shall nevertheless be valid, sufficient and binding for the
purposes herein intended.
There shall be printed on or attached to each of the Refunding Bonds the text of or a copy
of the approving legal opinion of Bond Counsel with respect to the Refunding Bonds. Such printed
text or opinion copy shall be certified by the manual or facsimile signature of the President or the
Vice President of the Board to be a true and complete copy of such text or opinion as delivered to
the County on the date of delivery of the Refunding Bonds to the successful bidder therefor.
Section 7. The Refunding Bonds shall be in substantially the following form, which form
together with all of the terms, covenants and conditions therein contained, is hereby adopted by
the County as and for the form of obligation to be incurred by it, and said terms, covenants and
conditions are hereby made binding upon the County, including the promise to pay therein
contained, in accordance with said form:
[CONTINUED ON FOLLOWING PAGE]
11
(Form of Refunding Bond)
Note: Bracketed language is intended to reflect that such provisions apply only in certain
circumstances, and such language shall be deleted from or included in the final form of
Refunding Bonds, as appropriate.
UNITED STATES OF AMERICA
STATE OF MARYLAND
COUNTY COMMISSIONERS OF WASHINGTON COUNTY
TAXABLE REFUNDING BOND OF 2020
No. R-___ $______________________
Annual Interest Rate Maturity Date Bond Date CUSIP Number
July 1, ____ ______, 2020 ______________
Registered Owner: Cede & Co.
Principal Amount: Dollars
County Commissioners of Washington County, a body politic and corporate organized and
existing under the Constitution and laws of the State of Maryland (the “County”), hereby
acknowledges itself indebted for value received and, upon surrender hereof, promises to pay to the
Registered Owner shown above, or his registered assigns, on the Maturity Date shown above,
[unless, to the extent applicable, this bond shall have been called for prior mandatory sinking fund
redemption and payment of the redemption price made or provided for,] the Principal Amount
shown above, and to pay interest on the outstanding principal amount hereof from the later of the
Bond Date shown above and the most recent Interest Payment Date (as hereinafter defined) to
which interest has been paid or provided for; provided, however, if this bond is authenticated after
a Record Date (as hereinafter defined) for any Interest Payment Date and before such Interest
Payment Date, it shall bear interest from such Interest Payment Date.
Interest on this bond shall be paid at the Annual Interest Rate shown above, payable on
January 1, 2021 and semiannually thereafter on July 1 and January 1 in each year (the “Interest
Payment Dates”) until payment of such Principal Amount shall be discharged as provided in the
Resolution (as hereinafter defined). Such interest shall be paid to the person in whose name this
bond is registered on the registration books for the series of bonds of which this bond is one (the
“Bond Register”) maintained by the Bond Registrar and Paying Agent (as hereinafter defined) at
12
the close of business on the 15th calendar day of the month next preceding each Interest Payment
Date (the “Record Date”). Interest shall be calculated on a 30-day month/360-day year basis.
Notwithstanding the preceding sentence, interest on this bond which is payable, but is not
punctually paid or duly provided for, on any Interest Payment Date shall forthwith cease to be
payable to the Registered Owner by virtue of having been such Registered Owner on the relevant
Record Date and such interest shall be paid by the Bond Registrar and Paying Agent to the person
in whose name this bond (or its predecessor bond) is registered at the close of business on a date
fixed by the Bond Registrar and Paying Agent for the payment of such interest, notice thereof
being given by first class mail, postage prepaid, to said person not fewer than 30 days prior to such
Record Date, at the address of such person appearing on the Bond Register, or may be paid at any
time in any other lawful manner not inconsistent with the requirements of any securities exchange
on which this bond may be listed and upon such notice as may be required by such exchange.
Principal [or redemption price] of and interest on this bond are payable in such money of
the United States of America as is lawful at the time of payment. If a principal payment date or
interest payment date falls on a Saturday, Sunday or a day on which the Bond Registrar and Paying
Agent is authorized or obligated by law or required by executive order to remain closed, payment
may be made on the next succeeding day that is not a Saturday, Sunday or a day on which the
Bond Registrar and Paying Agent is authorized or obligated by law or required by executive order
to remain closed, and no interest shall accrue on the scheduled amount due for the intervening
period.
This bond is one of an issue of bonds limited in original aggregate principal amount to
$_____________, all dated the date of delivery and all known as “County Commissioners of
Washington County Taxable Refunding Bonds of 2020” (the “Bonds”). The Bonds are issued as
registered bonds, without coupons, in the denominations of $5,000 or any integral multiple thereof.
The Bonds are numbered consecutively from No. 1 upward and mature on July 1 in the years and
in the amounts and bear interest at the annual rates, all as set forth below:
Maturing
Principal
Interest
Maturing
Principal
Interest
[AMORTIZATION SCHEDULE TO BE COMPLETED FOLLOWING PRICING]
13
[Include the following for each maturity constituting a term bond only to extent the
successful bidder for the Refunding Bonds designates term bonds--The Bonds maturing on July 1,
20__ are subject to mandatory sinking fund redemption at a redemption price equal to 100% of the
principal amount thereof, together with interest accrued to the date fixed for redemption, on the
dates and in the principal amounts set forth below:
______
* Final Maturity.
The Bonds are not subject to redemption prior to their stated maturities at the option of the
County.
[Delete if no term Refunding Bonds: If fewer than all of the Bonds of any one maturity
shall be called for mandatory sinking fund redemption, then the particular Bonds of such maturity
to be redeemed in whole or in part shall be selected by such means and in such manner as the Bond
Registrar and Paying Agent, in its sole discretion, shall determine. Each $5,000 principal amount
of any Bond shall be considered a separate Bond for the purposes of selection of Bonds for
mandatory sinking fund redemption.
If all or a portion of the Bonds outstanding are to be redeemed by mandatory sinking fund
redemption, the County shall give or cause to be given notice of such redemption by first class
mail, postage prepaid, at least 30 days prior to the date fixed for redemption to each registered
owner of a Bond to be redeemed in whole or in part at the address of such registered owner
appearing on the Bond Register. The failure to mail the redemption notice or any defect in the
notice so mailed shall not affect the validity of the redemption proceedings. The County may, but
shall not be obligated to, publish such notice of redemption at least once not fewer than 30 days
prior to the date fixed for redemption in a newspaper circulating in the City of Baltimore, Maryland
and also in a financial journal or daily newspaper of general circulation published in the City of
New York, New York. The redemption notice shall state (i) whether the Bonds are to be redeemed
by mandatory sinking fund redemption in whole or in part and, if in part, the maturities, numbers
and CUSIP numbers of the Bonds to be so redeemed, (ii) in the case of a partial redemption of any
Bond, the portion of the principal amount which is to be redeemed, (iii) that interest shall cease to
accrue on the Bonds (or portions thereof) called for mandatory sinking fund redemption on the
date fixed for redemption, (iv) the date fixed for redemption and the redemption price, (v) the
address of the Bond Registrar and Paying Agent with a contact person and phone number, and (vi)
that the Bonds to be redeemed in whole or in part shall be presented for redemption and payment
on or after the date fixed for redemption at the designated corporate trust office of the Bond
Registrar and Paying Agent. Any such notice may be conditioned upon receipt by the Bond
Registrar and Paying Agent of sufficient funds to effect such mandatory sinking fund redemption.
14
From and after the date fixed for redemption, if monies sufficient for the payment of the
redemption price of the Bonds (or portions thereof) called for mandatory sinking fund redemption
plus accrued interest due thereon to the date fixed for redemption are held by the Bond Registrar
and Paying Agent on such date, the Bonds (or portions thereof) so called for mandatory sinking
fund redemption shall become due and payable at the redemption price provided for redemption
of such Bonds (or portions thereof) on such date, interest on such Bonds (or portions thereof) shall
cease to accrue and the registered owners of such Bonds so called for redemption in whole or in
part shall have no rights in respect thereof except to receive payment for the redemption price
thereof plus accrued interest thereon to the date fixed for redemption from such monies held by
the Bond Registrar and Paying Agent. Upon presentation and surrender of a Bond called for
mandatory sinking fund redemption in whole or in part in compliance with the redemption notice,
the Bond Registrar and Paying Agent shall pay the appropriate redemption price of such Bond plus
accrued interest thereon to the date fixed for redemption. If Bonds (or portions thereof) so called
for mandatory sinking fund redemption are not paid upon presentation and surrender as described
above, such Bonds shall continue to bear interest at the rates stated therein until paid.
In case part but not all of a Bond shall be selected for mandatory sinking fund redemption,
then, upon the surrender thereof, there shall be issued without charge to the registered owner
thereof Bonds in any of the authorized denominations as specified by the registered owner. The
aggregate principal amount of Bonds so issued shall be equal to the unredeemed balance of the
principal amount of the Bond surrendered, and the Bonds issued shall bear the same interest rate
and shall mature on the same date as the Bond surrendered.]
[TO BE USED FOR BONDS IN BOOK-ENTRY FORM ONLY THAT ARE SUBJECT TO
REDEMPTION--So long as all of the Bonds shall be maintained in book-entry form with a
Depository (as defined in the Resolution) in accordance with Section 4 of the Resolution, in the
event that part, but not all, of this bond shall be called for mandatory sinking fund redemption, the
holder of this bond may elect not to surrender this bond in exchange for a new Bond or Bonds and
in such event shall make a notation indicating the principal amount of such mandatory sinking
fund redemption and the date thereof on the Payment Grid attached hereto. For all purposes, the
principal amount of this bond outstanding at any time shall be equal to the lesser of (A) the
Principal Amount shown on the face hereof and (B) such Principal Amount reduced by the
principal amount of any partial mandatory sinking fund redemption of this bond following which
the holder of this bond has elected not to surrender this bond. The failure of the holder hereof to
note the principal amount of any partial mandatory sinking fund redemption on the Payment Grid
attached hereto, or any inaccuracy therein, shall not affect the payment obligation of the County
hereunder. THEREFORE, IT CANNOT BE DETERMINED FROM THE FACE OF THIS
BOND WHETHER A PART OF THE PRINCIPAL OF THIS BOND HAS BEEN PAID.]
[TO BE USED FOR BONDS IN BOOK-ENTRY ONLY FORM--Unless this bond is
presented by an authorized representative of The Depository Trust Company, a limited-purpose
trust company organized under the New York Banking Law (“DTC”), to the County or its agent
for registration of transfer, exchange, or payment, and any bond issued is registered in the name
of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and
any payment is made to Cede & Co. or to such other entity as is requested by an authorized
representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE
15
OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner
hereof, Cede & Co., has an interest herein.]
The Bonds are issued pursuant to the authority of Chapter 392 of the Laws of Maryland of
2007, Title 6 of the Code of Public Local Laws of Washington County (2019 Edition), and Section
19-207 of the Local Government Article of the Annotated Code of Maryland, each as amended to
date (collectively, the “Act”), and in accordance with Resolution No. RS-2020-__ of the Board of
County Commissioners of the County adopted on _____________, 2020 (the “Resolution”).
The Bonds will be transferable only upon the Bond Register by the Bond Registrar and
Paying Agent. Any Bond presented for transfer, exchange, registration, redemption or payment
(if so required by the Bond Registrar and Paying Agent) shall be accompanied by a written
instrument or instruments of transfer or authorization for exchange, in form and with guaranty of
signature satisfactory to the Bond Registrar and Paying Agent, duly executed by the registered
owner thereof or by his duly authorized attorney. Upon any transfer or exchange, the County shall
execute and the Bond Registrar and Paying Agent shall authenticate and deliver in the name of the
registered owner or the transferee or transferees, as the case may be, a new registered Bond or
Bonds of the same series, in any of the authorized denominations in an aggregate principal amount
equal to the principal amount of the Bond exchanged or transferred and maturing on the same date
and bearing interest at the same rate. In each case, the County and the Bond Registrar and Paying
Agent may require payment by the registered owner requesting the exchange or transfer of any
tax, fee or other governmental charge, shipping charges and insurance that may be required to be
paid with respect thereto, but otherwise no charge shall be made to the registered owner for the
exchange or transfer.
[The Bond Registrar and Paying Agent shall not be required to transfer or exchange any
Bond after the mailing of notice calling such Bond or portion thereof for mandatory sinking fund
redemption; provided, however, that this limitation shall not apply to any portion of a Bond which
is not being called for mandatory sinking fund redemption.]
It is hereby certified and recited that each and every act, condition and thing required to
exist, to be done, to have happened and to be performed precedent to and in the issuance of this
bond, does exist, has been done, has happened and has been performed in full and strict compliance
with the Constitution and laws of the State of Maryland and the Resolution authorizing the issuance
of the issue of bonds, of which this bond is one, and that said issue of bonds, together with all other
indebtedness of the County, is within every debt and other limit prescribed by the Constitution and
laws of said State. This bond is an obligation of the County, payable as provided in the Resolution,
and the full faith and credit and unlimited taxing power of County Commissioners of Washington
County are hereby irrevocably pledged to the payment of the principal of this bond and of the
interest to accrue hereon at the dates and in the manner mentioned herein.
16
This bond shall not be valid or become obligatory for any purpose or be entitled to any
benefit or security under the Resolution until the Certificate of Authentication endorsed hereon
shall have been signed by an authorized signatory of the Bond Registrar and Paying Agent.
IN WITNESS WHEREOF, the County has caused this bond to be executed in its name by
the [Vice] President of the Board of County Commissioners of Washington County and attested
by the County Clerk, and has also caused its corporate seal to be affixed or imprinted hereon.
(SEAL)
ATTEST: COUNTY COMMISSIONERS OF
WASHINGTON COUNTY
By:____________________ By:______________________________________
County Clerk [Vice] President, Board of
County Commissioners of Washington County
17
CERTIFICATE OF AUTHENTICATION
Date of Authentication:
This bond is one of the registered bonds of County Commissioners of Washington County
designated “County Commissioners of Washington County Taxable Refunding Bonds of 2020”.
MANUFACTURERS AND TRADERS TRUST COMPANY,
as Bond Registrar and Paying Agent
By: ____________________________________________
Authorized Signatory
18
PAYMENT GRID
Date of Principal Principal Holder
Payment Amount Paid Amount Outstanding Signature
__________ ____________ _________________ ______________
__________ ____________ _________________ ______________
__________ ____________ _________________ ______________
__________ ____________ _________________ ______________
__________ ____________ _________________ ______________
__________ ____________ _________________ ______________
__________ ____________ _________________ ______________
__________ ____________ _________________ ______________
__________ ____________ _________________ ______________
__________ ____________ _________________ ______________
__________ ____________ _________________ ______________
__________ ____________ _________________ ______________
__________ ____________ _________________ ______________
19
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto
_________________ (Tax Identification or Social Security No.______________) the within bond
and all rights thereunder, and does hereby constitute and appoint _______________ attorney to
transfer the within bonds on the books kept for the registration thereof, with full power of
substitution in the premises.
Dated:
Signature Guaranteed:
___________________________ ____________________________
NOTICE: Signatures must be (Signature of Registered Owner)
guaranteed by a member firm of NOTICE: Signature must correspond
the New York Stock Exchange or with the name of the Registered
a commercial bank or trust Owner of the within bond as it
company appears on the face of the within
bond in every particular, without
alteration or enlargement or any
change whatever
20
IT IS HEREBY CERTIFIED that the following is a true and correct copy of [the text of]
the complete legal opinion of Funk & Bolton, P.A., Baltimore, Maryland, with respect to the issue
of bonds of which this bond is one, that the original of said opinion was manually executed, dated
and issued as of the date of delivery of, and payment for, said issue of bonds by the original
purchaser thereof, and that an executed copy thereof is on file with the Bond Registrar and Paying
Agent.
COUNTY COMMISSIONERS OF
WASHINGTON COUNTY
By: _________________________________________
[Vice] President, Board of
County Commissioners of Washington County
(Insert or Attach Text of or Copy of Opinion of Bond Counsel)
(End of Form of Refunding Bond)
[CONTINUED ON NEXT PAGE]
Section 8. The President or the Vice President of the Board shall be and is hereby
authorized to make such changes in the form of Refunding Bond set forth in Section 7 hereof as
the President or the Vice President shall deem necessary to carry into effect the provisions of this
Resolution, including, without limitation, to include or remove bracketed provisions set forth in
the form of Refunding Bond provided for in Section 7 hereof, to reflect matters determined in
accordance with Sections 1, 2, 5, 10 or 11 hereof, or to comply with recommendations of bond
counsel to the County; provided, however, that the President or the Vice President shall make no
change materially affecting the substance of such form unless such change is determined by the
Chief Financial Officer to be in the best interest of the County.
The execution of the Refunding Bonds by such officer shall be conclusive evidence of the
approval by the County of all changes in the form of the Refunding Bonds and of the due execution
of the Refunding Bonds by the County.
Section 9. No Refunding Bond shall be valid or obligatory for the purpose or entitled to
any security or benefit under this Resolution unless and until a certificate of authentication of such
Refunding Bond substantially in the form hereinabove provided shall have been duly executed by
the Bond Registrar and Paying Agent and such executed certificate of the Bond Registrar and
Paying Agent on such Refunding Bond shall be conclusive evidence that such Refunding Bond
has been authenticated and delivered under this Resolution. The Bond Registrar and Paying
Agent’s certificate of authentication on any Refunding Bond shall be deemed to have been
executed by it if signed by an authorized officer or signatory of the Bond Registrar and Paying
Agent. It shall not be necessary that the same officer or signatory of the Bond Registrar and Paying
Agent sign the certificate of authentication on all the Refunding Bonds issued hereunder.
Section 10. The Refunding Bonds shall be sold at public sale by electronic bids only to the
bidder therefor for cash whose bid results in the lowest true interest cost to the County in the
manner and in accordance with the formula set forth in the form of Notice of Sale attached as
Appendix C to the Preliminary Official Statement identified in Section 20 hereof and made a part
hereof (the “Notice of Sale”), as such Notice of Sale may be modified as provided in this
Resolution and therein. Electronic bids for the Bonds shall be received by the Chief Financial
Officer on September 30, 2020, subject to the further provisions of this Section 10. The Chief
Financial Officer shall be and is hereby authorized to make such changes in the form of Notice of
Sale set forth in the form of the Preliminary Official Statement provided to the Board with this
Resolution as the Chief Financial Officer shall deem necessary to carry into effect the purposes of
this Resolution (including, without limitation, to reflect matters determined in accordance with
Sections 1, 2, or 5 hereof or this Section 10) or to comply with recommendations of bond counsel
to the County, or, with the advice of the financial advisor to the County, to be in the best interest
of the County, including, without limitation, modifying or limiting the premium payable by a
bidder for the Refunding Bonds, modifying the manner of adjusting the amortization schedule for
the Refunding Bonds pre- or post-sale, adding, modifying or eliminating any maximum interest
rate for the Refunding Bonds, modifying or eliminating the maximum spread between the lowest
and highest interest rates bid with respect to the Refunding Bonds by a bidder, or modifying the
amount of or method of delivery for the good faith deposit for the Refunding Bonds. The Chief
Financial Officer, upon the advice of the financial advisor to the County, is authorized to adjust
the original aggregate principal amounts of the Refunding Bonds and the maturities thereof in the
manner and in accordance with Sections 1 or 2 hereof and this Section 10 and the Notice of Sale.
The form of the Notice of Sale as contained in the final Preliminary Official Statement, as the same
may be modified in accordance with the provisions thereof, shall constitute the official Notice of
Sale.
Notwithstanding any other provision hereof, the Chief Financial Officer shall be and
hereby is authorized to accept electronic bids for the Refunding Bonds, and to make such
adjustments to the official Notice of Sale in the manner provided for herein or therein as she shall
deem necessary or advisable, upon the advice of bond counsel to the County or the financial
advisor to the County, including to accomplish electronic bidding procedures, to change the bid
specifications for the Refunding Bonds or to comply with applicable regulations, notices and other
official guidance.
In view of the desirability of flexibility in the scheduling of the sale of the Refunding Bonds
to take full advantage of shifts in market conditions to maximize debt service savings with respect
to the Refunding Bonds or to account for unstable market conditions, the County determines that
it is in the best interest of the County to authorize and empower the Chief Financial Officer to
change the time of or cancel said sale at any time prior to September 30, 2020, and to reschedule
said sale without publishing a new Notice of Sale or advertisement, if (i) the financial advisor to
the County has advised her that market conditions are such that it is in the best interest of the
County to do so, and (ii) she concurs in such recommendation to cancel and/or reschedule the sale.
The Chief Financial Officer may cancel and reschedule any rescheduled sale in accordance with
phrases (i) and (ii) of the preceding sentence. If the date of sale is rescheduled as provided above,
the Chief Financial Officer may also postpone the expected date of delivery of the Refunding
Bonds, which is currently scheduled for October 14, 2020. If the sale is postponed to a date later
than October 31, 2020, then the Chief Financial Officer may also change the dated date of the
Refunding Bonds (and hence the date from which interest shall accrue), the dates of the semi-
annual interest payments and annual principal payments, and the mandatory sinking fund
redemption dates, if any, accordingly.
The Notice of Sale authorized by this Resolution shall be substantially in the form set forth
in Appendix C to the Preliminary Official Statement, and the terms, provisions and conditions set
forth in the final form of the Notice of Sale provided for herein, as the same may be modified, are
hereby adopted and approved as the terms, provisions and conditions under which the Refunding
Bonds shall be sold, issued and delivered at public sale. Said Notice of Sale, or an advertisement
in substantially the form attached hereto as Exhibit B, shall be published at least once, at least ten
days preceding said date of sale, in one or more daily or weekly newspapers having a general
circulation in Washington County and may also be published in one or more journals having a
circulation primarily among banks and investment bankers. The Chief Financial Officer, on behalf
of the County, is hereby authorized to make any changes to such advertisement before publication
to reflect matters determined in accordance with Sections 1, 2, 5, or 10 of this Resolution before
such publication, if applicable. In addition, the Chief Financial Officer is hereby authorized to
cause to be prepared and distributed or made available to prospective bidders printed or printable
copies of said Notice of Sale, as well as the Preliminary Official Statement hereinafter authorized.
The Chief Financial Officer or her designee is hereby authorized and directed to handle all
inquiries in connection with the sale authorized hereby and the Official Statement hereafter
referred to and is further authorized to reschedule any postponed sale with or without the
republication of the Notice of Sale or advertisement.
Section 11. Promptly after receipt of electronic bids for the Refunding Bonds, and in
accordance with the terms and conditions of the sale of the Refunding Bonds as set forth in the
official Notice of Sale, the Chief Financial Officer, on behalf of the County, with the advice of the
financial advisor to the County and bond counsel to the County, is hereby authorized and delegated
the authority to deliver one or more orders determining the final original aggregate principal
amount of the Refunding Bonds (including making any authorized adjustments to the final original
aggregate principal amount of each maturity and the amortization schedule therefor following
receipt of bids in accordance with the provisions of this Resolution and the Notice of Sale), fixing
the interest rate or rates payable on the Refunding Bonds (within the limitations set forth in or
provided for in this Resolution), unless the Chief Financial Officer determines to reject all bids for
the Refunding Bonds (any such rejection also to be made by order of the Chief Financial Officer),
and determining the Refunded Bonds, as applicable. The execution and delivery by the Chief
Financial Officer of any such order or orders shall constitute conclusive evidence of the award or
rejection of bids for the Refunding Bonds. Any such order shall be retained in the records of the
County. In order to accommodate market practice, the Chief Financial Officer may indicate any
preliminary or final award, or any rejection of all bids, with respect to the Refunding Bonds on or
through the electronic bidding platform on which bids were received and through any other
communication mechanism recommended by the financial advisor to the County. Subsequently,
unless all bids for the Refunding Bonds are so rejected by the Chief Financial Officer, the
Refunding Bonds shall thereupon be suitably printed or engraved and delivered to the successful
bidder therefor in accordance with the conditions of delivery set forth in the official Notice of Sale.
Section 12. (a) The portion of the proceeds of the Refunding Bonds issued to
provide funds to advance refund any of the Refunded Bonds that constitute 2011 Bonds and/or
2012 Bonds shall be paid to and held by Manufacturers and Traders Trust Company, the paying
agent and bond registrar for the 2011 Bonds and the 2012 Bonds, as escrow deposit agent, as
further described in this Section 12.
(b) The Chief Financial Officer, with the advice of the financial advisor to the County
and bond counsel to the County, is hereby authorized to negotiate an escrow deposit agreement
with Manufacturers and Traders Trust Company, as escrow deposit agent, and that portion of the
proceeds of the Refunding Bonds to be applied to advance refunding the Refunded Bonds as
described in the subsection (a) of this Section 12 shall be deposited with such escrow deposit agent,
invested in accordance with the provisions of this Section 12 and the further provisions of this
Resolution, and applied to the payment and redemption of the Refunded Bonds in accordance with
Section 14 hereof. The President or the Vice President of the Board is each hereby authorized and
directed to approve, execute and deliver any such escrow deposit agreement on behalf of the
County.
(c) In connection with the issuance of the Refunding Bonds, the Chief Financial
Officer, or her designee, is hereby authorized to provide for the bidding for and/or file on behalf
of the County, as applicable, any necessary investment agreements or any necessary subscriptions
and any amendments thereto to purchase United States Treasury Obligations – State and Local
Government Series (“SLGs”), and/or any direct obligations of, or obligations the principal of and
interest on which are unconditionally guaranteed by, the United States of America (the
“Defeasance Obligations”) in such amounts and maturing at such times so that sufficient moneys
will be available from such maturing principal and interest and any cash held uninvested to pay
interest on the Refunded Bonds to their redemption date and to redeem the Refunded Bonds on
their respective redemption dates as further described in this Resolution, and to take any other
action or to execute any further instrument on behalf of the County necessary to purchase such
obligations. Any such obligations, and any cash to be held uninvested in escrow, shall be
deposited with the escrow deposit agent provided for in this Section 12.
(d) The Chief Financial Officer, on behalf of the County, is hereby authorized and
empowered, following consultation with the financial advisor to the County and bond counsel to
the County, to select any party or entity to serve as a bidding agent with respect to any bidding
conducted for the selection of the Defeasance Obligations to the extent SLGs are not scheduled to
be available at the time of sale or the time of delivery of the Refunding Bonds.
(e) To the extent any portion of the net original issue premium payable by the
successful bidder for the Refunding Bonds is to be applied to pay costs of issuance of the
Refunding Bonds, such portion shall be deposited with and held by the County.
Section 13. Expenses relating to the issuance and sale of the Refunding Bonds,
including the cost of printing the Refunding Bonds and advertising their sale and the legal and
financial advisory fees of the County, shall be paid from proceeds of the Refunding Bonds,
including any net original issue premium constituting a portion of the sale proceeds received from
the sale of the Refunding Bonds. In the event the date of the Refunding Bonds is adjusted in
accordance with Section 10 hereof to be a date other than the date of delivery of the Refunding
Bonds, any accrued interest received on the sale of the Refunding Bonds shall be applied to the
first interest payment on the Refunding Bonds. Any net original issue premium received with
respect to the Refunding Bonds shall be applied to pay costs of issuance of the Refunding Bonds,
to the extent available for such purpose, and to reduce the par amount of the Refunding Bonds to
be issued in order to advance refund the applicable Refunded Bonds, to the extent available for
such purpose. After providing for payment of underwriter’s discount from net original issue
premium, if applicable, the balance of the proceeds of the sale of the Refunding Bonds, shall be
deposited and used as described in Section 12 hereof for the purpose of paying as and when due
the principal or redemption price of and interest on the Refunded Bonds and costs of issuance of
the Refunding Bonds, as applicable. Any excess proceeds of the Refunding Bonds not required
for the purposes stated in this Resolution may be applied in accordance with the provisions of the
applicable Acts, or the extent not provided for therein, as determined by the Chief Financial
Officer, subject to applicable County law.
Pending expenditure as contemplated hereby, the Chief Financial Officer may invest all or
part of such balance of the proceeds of the Refunding Bonds held by the County in such manner
as may be permitted by law.
Section 14. Prior to the delivery of and payment for the Refunding Bonds, the County shall
have received a report of a verification consultant, nationally recognized in the field of the
refunding of tax-exempt obligations, verifying that the maturing principal amounts of the
obligations held in escrow as described in Section 12 hereof, together with investment earnings
thereon and any cash held uninvested, will be sufficient to redeem any Refunded Bonds on their
respective first available redemption dates at a redemption price of 100% of the principal amount
thereof, together with accrued interest thereon, and to pay interest on such Refunded Bonds to such
respective dates fixed for redemption. The Chief Financial Officer is hereby authorized and
empowered, following consultation with the financial advisor to the County and bond counsel to
the County, to select the verification consultant (which is initially presumed to be Bingham
Arbitrage Rebate Services, Inc. but may be any other qualified verification consultant selected in
accordance with the provisions of this Section 14).
Section 15. Conditional only upon the delivery of and payment for the Refunding Bonds,
the County hereby specifically and irrevocably elects to redeem (i) the finally determined
Refunded Bonds that are 2011 Bonds, if any, on July 1, 2021 and (ii) the finally determined
Refunded Bonds that are 2012 Bonds, if any, on July 1, 2022, at the redemption price of 100% of
the principal amount thereof, and to pay interest when due on such Refunded Bonds to and
including such applicable date fixed for redemption, and hereby directs the paying agent for the
Refunded Bonds, not fewer than 30 days before the respective dates fixed for redemption, to cause
a notice of redemption substantially in the form of Exhibit C hereto to be mailed, first class mail,
postage prepaid, to all registered owners of the applicable Refunded Bonds at their addresses as
they appear on the registration book provided for the applicable Refunded Bonds or as otherwise
provided in the resolutions of the County authorizing such Refunded Bonds; provided that, failure
to so mail such notice shall not affect the validity of the proceedings for redemption.
Section 16. For the purposes of paying the interest on and principal of the Refunding Bonds
hereby authorized as such interest and principal comes due, the County shall include in the levy
against all legally assessable property in Washington County, in each and every fiscal year of the
County that any of said Refunding Bonds are outstanding, ad valorem taxes sufficient to provide
such sums as the County may deem sufficient and necessary in conjunction with any other funds
that will be available for the purpose, to provide for the payment of the interest on the Refunding
Bonds coming due in each such year and to pay the principal of the Refunding Bonds maturing or
otherwise coming due in each such fiscal year. In the event the proceeds from taxes so levied in
any such fiscal year shall prove inadequate for such purposes, additional taxes shall be levied in
the succeeding fiscal year to make up such deficiency. The full faith and credit and unlimited
taxing power of the County are hereby irrevocably pledged to the punctual payment of the principal
of and interest on the Refunding Bonds hereby authorized as and when such principal and interest
comes due and to the levy and collection of the taxes hereinabove prescribed as and when such
taxes may become necessary in order to provide sufficient funds to meet the debt service
requirements of said Refunding Bonds. The County hereby solemnly covenants to take all lawful
action as may be appropriate from time to time during the period that any of said Refunding Bonds
remain outstanding and unpaid to provide the funds necessary to make said principal and interest
payments. The County further covenants and agrees to levy and collect the taxes hereinabove
prescribed.
Subject to any applicable limitations, the County may apply to the payment of the principal
of and interest on any of the Refunding Bonds any funds received by it and available for such
purpose from the State of Maryland, the United States of America, any agency or instrumentality
thereof, or from any other source, including, without limitation, other sources provided for in the
applicable Acts, and, to the extent any such funds are received or receivable in any fiscal year, the
taxes that required to be levied hereunder may be reduced accordingly.
The Refunding Bonds shall be deemed to be paid and no longer to be outstanding when
payment of the principal of the Refunding Bonds plus interest thereon to the due dates thereof
(whether such due date be by reason of maturity or upon mandatory sinking fund redemption)
either (i) shall have been made or caused to have been made in accordance with the terms thereof,
or (ii) shall have been provided by irrevocably depositing in trust and irrevocably setting aside
exclusively for such payment, moneys sufficient to make such payment, or direct non-callable
obligations of the United States of America, maturing as to principal and interest in such amounts
and at such times as will assure the availability of sufficient moneys to make such payment,
or a combination thereof, and all necessary and proper fees, compensation and expenses pertaining
to the Refunding Bonds with respect to which such deposit is made shall have been paid or the
payment thereof provided for.
Section 17. If any Refunding Bond shall become mutilated or be destroyed, lost or stolen,
the County in its discretion may execute, and upon its request the Bond Registrar and Paying Agent
shall authenticate and deliver, a new Refunding Bond of the same series in exchange for the
mutilated Bond or in lieu of and substitution for the Refunding Bond so destroyed, lost or stolen.
In every case of exchange or substitution, the applicant shall furnish to the County and to the Bond
Registrar and Paying Agent such security or indemnity as may be required by them to save each
of them harmless from all risks, however remote, and the applicant shall also furnish to the County
and to the Bond Registrar and Paying Agent evidence to their satisfaction of the mutilation,
destruction, loss or theft of the applicant’s Refunding Bond. Upon the issuance of any Refunding
Bond upon such exchange or substitution, the County may require the payment of a sum sufficient
to cover any tax, fee or other governmental charge that may be imposed in relation thereto and any
other expenses, including counsel fees, of the County or the Bond Registrar and Paying Agent. If
any Refunding Bond which has matured or is about to mature shall become mutilated or be
destroyed, lost or stolen, instead of issuing a Refunding Bond in exchange or substitution therefor,
the County may pay or authorize the payment of such Refunding Bond (without surrender thereof
except in the case of a mutilated Refunding Bond) if the applicant for such payment shall furnish
to the County and to the Bond Registrar and Paying Agent such security or indemnity as they may
require to save them harmless, and evidence to the satisfaction of the County and the Bond
Registrar and Paying Agent of the mutilation, destruction, loss or theft of such Refunding Bond.
Section 18. Each Refunding Bond paid at maturity or upon prior redemption shall be
canceled or destroyed by the Bond Registrar and Paying Agent and a certificate of destruction
describing the Refunding Bond so canceled or destroyed and evidencing such cancellation or
destruction shall be furnished by the Bond Registrar and Paying Agent to the County upon request.
Section 19. Because the refinancing anticipated hereunder will be undertaken to effect
cost savings by replacing the Refunded Bonds with Refunding Bonds bearing lower overall interest
rates, it is the intent of the County that such Refunding Bonds be issued under the applicable Acts,
and that such Refunding Bonds, if issued, will constitute a reissuance of the indebtedness
authorized by such resolutions and shall not constitute additional indebtedness under such
authorizations or under any other authority.
Section 20. The County hereby approves the Preliminary Official Statement relating to
the Refunding Bonds (the “Preliminary Official Statement”) substantially in the form presented to
the Board with this Resolution. With the exception of such changes therein as may be required or
deemed appropriate by the President of the Board or the Chief Financial Officer (and with the
advice of bond counsel to the County or the financial advisor to the County to the extent
applicable), including, without limitation, to reflect the provisions of or to conform to the
provisions of this Resolution, to disclose actual or anticipated impacts on the County stemming
from the COVID-19 pandemic, to correct inaccuracies or to provide clarifications, to include
available information that is more recent than the information in the form of the Preliminary
Official Statement presented to the Board, to correct pagination, and to reflect certain changes
dictated by the terms of the official Notice of Sale, and the Preliminary Official Statement, as the
same may be so modified in accordance with this Section 20, is deemed final by the County for
the purpose of Rule 15c2-12 of the Securities and Exchange Commission. The County authorizes
the distribution of said Preliminary Official Statement in connection with its solicitation of bids
for the sale of the Refunding Bonds. The County hereby approves the Official Statement in the
form of the final Preliminary Official Statement with such changes therein as may be required or
deemed appropriate by the President of the Board or the Chief Financial Officer (and with the
advice of bond counsel to the County or the financial advisor to the County to the extent
applicable), including, without limitation, to reflect matters determined in accordance with this
Resolution and to incorporate any information to be supplied by the successful bidder for the
Refunding Bonds. The execution of the Official Statement by the President of the Board shall be
conclusive evidence of the approval of the County of any and all such changes or modifications in
said Official Statement in connection with the issuance, sale and delivery of the Refunding Bonds.
The Preliminary Official Statement and the Official Statement shall each be disseminated in
electronic and/or printed form as determined by the Chief Financial Officer, on behalf of the
County, with the advice of the financial advisor to the County. The Preliminary Official Statement
and/or the Official Statement may be amended or supplemented in such form as determined by the
President of the Board or the Chief Financial Officer (and with the advice of bond counsel to the
County or the financial advisor to the County to the extent applicable), and any such amendment
or supplement may be disseminated in electronic and/or printed form as determined by the Chief
Financial Officer, on behalf of the County, with the advice of the financial advisor to the County.
Section 21. In order to assist any Participating Underwriter (as hereafter defined) for the
Refunding Bonds in complying with Securities and Exchange Commission Rule 15c2-12(b)(5),
the County hereby covenants and agrees that it will comply with and carry out all of the provisions
of the Continuing Disclosure Agreement (as hereafter defined). Notwithstanding any other
provision of this Resolution, failure of the County to comply with the Continuing Disclosure
Agreement shall not be considered an event of default; however, subject to the Continuing
Disclosure Agreement, any bondholder may take such actions as may be necessary and
appropriate, including seeking mandate or specific performance by court order, to cause the
County to comply with its obligations under this Section.
“Continuing Disclosure Agreement” shall mean that certain Continuing Disclosure
Agreement with respect to the Refunding Bonds executed by the County and dated the date of
issuance and delivery of the Refunding Bonds, as originally executed and as it may be amended
from time to time in accordance with the terms thereof. The Continuing Disclosure Agreement
shall be in substantially the form set forth as Appendix D to the Preliminary Official Statement
as evidenced by its execution by the President or Vice President of the Board.
“Participating Underwriter” shall have the meaning ascribed thereto in Securities and
Exchange Commission Rule 15c2-12.
Section 22. (a) The President and Vice President of the Board, the Chief Financial
Officer, the County Clerk and such other officers, officials and employees of the County as the
President or the Vice President shall designate, are authorized hereby to do any and all things,
approve and execute all instruments, documents and certificates, and otherwise take all action
necessary, proper, or expedient in connection with the issuance, sale and delivery of the Refunding
Bonds. The President and the Vice President of the Board, the Chief Financial Officer, the County
Clerk and all other appropriate officers, officials and employees of the County are authorized and
directed hereby to do all acts and things required of them by the provisions hereof and of the
Refunding Bonds for the full, punctual, and complete performance of all of the terms, covenants,
provisions and agreements of this Resolution and the Refunding Bonds.
(b) References in this Resolution to any official by title shall be deemed to refer (i) to any
official authorized under the code of public local laws of the County, as replaced, supplemented or
amended (the “County Code”), or other applicable law or authority to act in such titled official’s stead
during the absence or disability of such titled official, (ii) to any person who has been elected,
appointed or designated to fill such position in an acting or interim capacity under the County Code
or other applicable law or authority, (iii) to any person who serves in a “deputy,” “associate” or
“assistant” capacity as such an official, provided that the applicable responsibilities, rights or duties
referred to herein have been delegated to such deputy, associate or assistant in accordance with the
County Code or other applicable law or authority, and/or (iv) to the extent an identified official
commonly uses another title not provided for in the County Code, the official, however known, who
is charged under the County Code or other applicable law or authority with the applicable
responsibilities, rights or duties referred to herein.
(c) Notwithstanding any references in this Resolution to manual signatures of County
officials or the Bond Registrar and Paying Agent, to the extent that applicable law, orders, regulations
or other authority allow for signatures to be made by facsimile, electronic or other means, whether
due to the impacts of the COVID-19 pandemic or for other applicable reasons, the provisions of such
applicable law, orders, regulations or other authority allowing signatures to be made in a manner other
than manually shall be deemed to supersede the provisions of this Resolution.
Section 23. The provisions of this Resolution shall be liberally construed in order to
effectuate the transactions contemplated by this Resolution.
Section 24. This Resolution shall take effect from the date of its adoption.
Adopted this _______________ day of __________________, 2020.
(SEAL)
ATTEST: COUNTY COMMISSIONERS OF
WASHINGTON COUNTY
__________________________ By:_____________________________
Krista L. Hart, County Clerk Jeffrey A. Cline, President
Board of County Commissioners
of Washington County
Approved as to form and legal sufficiency:
__________________________
Kirk C. Downey
County Attorney
#218595;50052.044
A-1
EXHIBIT A
Potential Refunded Bonds
1. County Commissioners of Washington County Public Improvement Bonds of
2011 (the “2011 Bonds”)*
The 2011 Bonds identified below are subject to redemption at the option of the County on
any date on or after July 1, 2021, in whole or in part, at a redemption price of 100% of the principal
amount being redeemed plus accrued interest on such principal amount being redeemed to the date
fixed for redemption.
Maturing
July 1
Principal Amount
Interest Rate
CUSIP
2022 $695,000 3.000% 937751 U94
2023 715,000 3.125 937751 V28
2024 740,000 3.350 937751 V36
2025 770,000 3.500 937751 V44
2026 800,000 3.625 937751 V51
2027 830,000 4.000 937751 V69
2028 865,000 4.000 937751 V77
2029 900,000 4.000 937751 V85
2030 935,000 4.000 937751 V93
2031 980,000 4.125 937751 W27
* Preliminary, subject to adjustment based on market conditions at or prior to the time of sale;
listed bonds are the outstanding 2011 Bonds that are subject to redemption at the option of the
County. The County is not advance refunding the 2011 Bonds maturing on July 1, 2021.
2. County Commissioners of Washington County Public Improvement Bonds of
2012 (the “2012 Bonds”)**
The 2012 Bonds identified below are subject to redemption at the option of the County on
any date on or after July 1, 2022, in whole or in part, at a redemption price of 100% of the principal
amount being redeemed plus accrued interest on such principal amount being redeemed to the date
fixed for redemption.
A-2
Maturing
July 1
Principal Amount
Interest Rate
CUSIP
2023 $ 885,000 3.000% 937751 X59
2024 915,000 3.000 937751 X67
2025 945,000 3.000 937751 X75
2026 980,000 3.000 937751 X83
2027 1,010,000 3.000 937751 X91
2029(1) 2,125,000 3.000 937751 Y33
2030 1,115,000 3.000 937751 Y41
2031 1,150,000 3.000 937751 Y58
2032 1,190,000 3.125 937751 Y66
__________
(1) Term bond maturing on July 1, 2029, with mandatory sinking fund redemption installments
of $1,045,000 due on July 1, 2028 and $1,080,000 due on July 1, 2029.
** Preliminary, subject to adjustment based on market conditions at or prior to the time of sale;
listed bonds are the outstanding 2012 Bonds that are subject to redemption at the option of the
County. The County is not advance refunding the 2012 Bonds maturing on July 1 in the years
2021 and 2022, inclusive.
B-1
EXHIBIT B
Form of Advertisement
SUMMARY NOTICE OF BOND SALE
$19,675,000*
WASHINGTON COUNTY, MARYLAND
(County Commissioners of Washington County)
TAXABLE REFUNDING BONDS OF 2020
NOTICE IS HEREBY GIVEN that County Commissioners of Washington County (the
“County”) will receive electronic bids only via BiDCOMP/Parity®/www-idealprospectus.com for
the purchase of the above-referenced general obligation bonds (the “Taxable Bonds”) on
Wednesday, September 30, 2020
until 10:30 a.m. prevailing Eastern time. The Taxable Bonds will be dated the date of their
delivery, will bear interest payable semi-annually on the first days of January and July,
commencing on January 1, 2021, until maturity or, to the extent applicable, prior mandatory
sinking fund redemption in whole, and will be issuable in denominations of $5,000 each or
multiples thereof. Principal of the Taxable Bonds will be payable on July 1 of the years determined
in connection with the sale of the Taxable Bonds, unless redeemed in whole prior to final maturity
to the extent subject to mandatory sinking fund redemption. The Taxable Bonds will be issued in
book-entry form only.
The original aggregate principal amount of the Taxable Bonds, and the original aggregate
principal amount of each maturity of the Taxable Bonds, is subject to adjustment both pre- and
post-sale as set forth in the Preliminary Official Statement for the Taxable Bonds and the official
Notice of Sale. The final original aggregate principal amount of the Taxable Bonds will not exceed
$22,000,000. The Taxable Bonds are not subject to redemption prior to their stated maturities at
the option of the County.
Any bid for the Taxable Bonds must conform to the terms and conditions set forth in the
official Notice of Sale. This announcement does not constitute the solicitation of bids to purchase
the Taxable Bonds. The sale of the Taxable Bonds shall be made exclusively pursuant to the terms
of the official Notice of Sale. Copies of the official Notice of Sale and the Preliminary Official
Statement will be furnished upon request made to the Chief Financial Officer, Washington County,
County Administration Building, 100 West Washington Street, Room 3100, Hagerstown,
Maryland 21740, (240) 313-2300 or from the financial advisor to the County, Davenport &
Company LLC, The Oxford Building, 8600 LaSalle Road, Suite 618, Towson, Maryland 21286,
(410) 296-9426.
Jeffrey A. Cline, President
Board of County Commissioners of Washington County, Maryland
B-2
* Preliminary, subject to adjustment at or prior to time of sale, as applicable.
Dated: _______________, 2020 [TO BE PUBLISHED AT LEAST 10 DAYS PRIOR
TO DATE OF SALE]
C-1
EXHIBIT C
Form of Notice of Redemption of Refunded Bonds
Note: Bracketed language is intended to reflect that such provisions apply only in certain
circumstances, and such language shall be deleted from or included in the final form of
redemption notice for the applicable Refunded Bonds as appropriate. Any refunded 2011 Bonds
will be redeemed on July 1, 2021 and any refunded 2012 Bonds will be redeemed on July 1,
2022.
NOTICE OF REDEMPTION [IN WHOLE][IN PART]
WASHINGTON COUNTY, MARYLAND
(County Commissioners of Washington County)
[PUBLIC IMPROVEMENT BONDS OF 2011]
[PUBLIC IMPROVEMENT BONDS OF 2012]
Dated May 24, [2011][2012]
NOTICE IS HEREBY GIVEN of the election by County Commissioners of Washington
County to redeem on July 1, [2021][2022], $____________________ aggregate principal amount
of its outstanding callable County Commissioners of Washington County Public Improvement
Bonds of [2011][2012] (the “[2011 Bonds][2012 Bonds]”) stated to mature and bearing interest as
follows:
[If bonds are being redeemed in part only, add reference to numbers of the bonds being
redeemed and other appropriate identifying information, including any newly assigned CUSIP
numbers for partially refunded maturities.]
C-2
The above CUSIP numbers are included solely for the convenience of the holders of the
bonds being redeemed [in whole or in part]. The undersigned Paying Agent is not responsible for
the selection or use of CUSIP numbers nor does the Paying Agent make any representation as to
the correctness of such CUSIP numbers as printed on any such bond or as indicated in this notice
of redemption.
The above bonds called for redemption will become due and will be redeemed on July 1,
[2021][2022] (the “Redemption Date”), at the redemption price of 100% of the principal amount
thereof, together with interest accrued on the principal amount being redeemed to the Redemption
Date, upon presentation thereof at the designated corporate trust office of Manufacturers and
Traders Trust Company. From and after the Redemption Date, if monies sufficient for the payment
of the redemption price of the bonds called for redemption plus accrued interest on the principal
amount being redeemed to the Redemption Date are held by the undersigned on such date, interest
will cease to accrue on the above bonds called for redemption and the registered owners of the
bonds so called for redemption shall have no rights in respect thereof except to receive payment
for the redemption price thereof plus accrued interest on the principal amount being redeemed to
the Redemption Date fixed for redemption from such monies held by the undersigned.
Payment of the redemption price will be made only upon presentation and surrender of the
bonds called for redemption in accordance with this notice. Please send the bonds to be redeemed
by appropriate means to insure safe delivery, to the following address:
[INSERT DELIVERY ADDRESS]
Any questions regarding this notice may be addressed to Manufacturers and Traders Trust
Company, [INSERT ADDRESS], Attention: ___________________ or by phone to
______________ at (___) ___________.
[M&T TO ADD ANY STANDARD DISCLOSURE RE: WITHHOLDING]
Dated: __________________, 2020 COUNTY COMMISSIONERS OF
WASHINGTON COUNTY
By: Manufacturers and Traders
Trust Company, Paying Agent
[Instructions to Paying Agent for the 2011 Bonds and the 2012 Bonds. The foregoing notice shall
be completed and sent to the holders of the bonds being redeemed at least 30 days prior to the
applicable date fixed for redemption, as provided in the respective Resolution authorizing the
issuance of the County’s 2011 Bonds/2012 Bonds; provided that, the failure to so send this notice
shall not affect the validity of the proceedings for redemption.]
Open Session Item
SUBJECT: Executive Order - Payroll Tax Deferral
PRESENTATION DATE: 9/15/2020
PRESENTATION BY: Sara Greaves, Chief Financial Officer
RECOMMENDATION: To make final determination on whether to participate in the payroll tax
deferral.
REPORT-IN-BRIEF: Recently, the IRS released guidance that implements President Trump’s
executive order permitting employers to defer certain employee payroll taxes.
DISCUSSION: Eligibility - An employee’s “eligible wages” means wages or compensation paid for
a bi-weekly pay period that are less than the threshold amount of $4,000. Each pay period is
considered separately, and an employee’s amount of eligible wages in a prior or succeeding pay period
has no effect on eligibility.
Repayment - Beginning Jan. 1, 2021, employers are responsible to initiate a repayment schedule for
the deferred amounts of employee payroll taxes. Specifically, employers must withhold and pay back
each employee’s deferred payroll taxes ratably from the employee’s wages over the four-month period
that spans Jan. 1, 2021 to April 30, 2021. This means, assuming the employer includes the deferred
amounts in an employee’s wages that the employee’s wages will drop correspondingly during the first
quarter of 2021. If the employer fails to repay any amount of deferred payroll taxes by May 1, 2021,
then interest, penalties, and any applicable additions to tax begin to accrue.
Considerations - Employers can choose whether they want to offer the payroll tax deferral to
employees. Certain details should be considered in doing so.
- The IRS guidance does not specify whether individual employees can opt out. It is suggested
that from a practical standpoint and considering the program’s timing, employers that choose
to implement the program may need to cover all of its employees in any case.
- The repayment schedule requires doubled-up social security withholding from employee
wages during the period Jan. 1, 2021 through April 30, 2021. This could cause an economic
hardship for many employees, especially if employee wages fluctuate over each pay period.
- Employers that participate in the program risk exposure to contingent liabilities. The IRS
guidance provides that employers may make arrangements with employees to collect deferred
payroll taxes, which likely pertains to situations where employees separate from service or
otherwise no longer earn sufficient wages during the repayment period.
- The employer is obligated to repay the deferred taxes whether these arrangements are effective.
Legal measures to collect the tax from each employee would likely be too expensive or time
consuming to meet the May 1 repayment deadline.
FISCAL IMPACT: N/A
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Intergovernmental Cooperative Purchase (INGT-20-0045) – Nine (9) 2021 Ford
Police Interceptor Utility Vehicles for the Washington County Sheriff’s Office
PRESENTATION DATE: September 15, 2020
PRESENTATION BY: Brandi Naugle, CPPB, Buyer - Purchasing Department, Alan Matheny,
Fleet Logistics and Commercial Vehicle Enforcement Supervisor, Washington County Sheriff’s
Office.
RECOMMENDED MOTION: Move to authorize by Resolution, Washington County Sheriff’s
Office to purchase nine (9) 2021 Ford Police Interceptor Utility vehicles from Hertirch Fleet of
Milford, DE. The cost of eight (8) vehicles for the Sheriff’s Office is $33,693 each and the cost
of one (1) vehicles for the Sheriff’s K-9 unit is $34,303, for a total amount of $303,847 and to
utilize another jurisdiction’s contract (#001B0600159) that was awarded by the State of
Maryland Department of General Services Office of Procurement and Logistics statewide
contract for Police Vehicles.
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 in to by another governmental entity, in accordance with the
terms of the contract, regardless of whether the County was a party to the original contract. The
State of Maryland Department of General Services Office of Procurement and Logistics took the
lead in soliciting the resulting agreement. If the Board of County Commissioners determines that
participation by Washington County would result in cost benefits or administrative efficiencies,
it could approve the purchase of the vehicles in accordance with the Public Local Laws
referenced above by resolving that participation would result in cost benefits or in administrative
efficiencies.
The County will benefit with direct cost savings in the purchase of the vehicles because of the
economies of scale this buying group leveraged. I am confident that any bid received as a result
of an independent County solicitation would exceed the spend savings that the State of
Maryland’s bid provides through this agreement. Additionally, the County will realize savings
through administrative efficiencies as a result of not preparing, soliciting and evaluating a bid.
This savings/cost avoidance would, I believe, be significant.
DISCUSSION: N/A
FISCAL IMPACT: Funds are budgeted in the Washington County Sheriff’s Office Capital
Improvement Plan (CIP) account 600300-30-11310-VEH006-VHCL
CONCURRENCES: Doug Mullendore, Sheriff
ALTERNATIVES: 1. Process a formal bid and the County could possibly incur a higher cost
for the purchase, or 2. Do not award the purchase of vehicles.
ATTACHMENTS: Hertrich Fleet Quote dated July 30, 2020.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
H RTRICH FLEET SERVICES, INC
1427 Bay Road Milford, DE 19963
Ford - Chevrolet - Dodge - Jeep
Lincoln - Honda - Buick - GMC - Toyota - Nissan
“A Member of the HeRTRICH Family of Automobile Dealerships”
(800) 698-9825 (302) 422-3300 Fax: (302) 839-0555
2021 Ford Police Interceptor Utility – Type 4-10-M-P & Type 4-10-M-P-H
Maryland BPO# 001B0600159
We are pleased to provide this pricing worksheet for the 2021 Ford Police Interceptor Utility,
K8A, based on Maryland BPO# 001B0600159. State specifications include: 3.3L V6 TI-VCT Engine,
10 Speed Automatic Transmission, Drivers Side LED Unity Spot Lamp, Rear Door Locks / Windows
In-operable, Courtesy Lamp Disable, Daytime Running Lamps Rear View Camera Display in Rear
View Mirror.
Code Description Amount
XX $32,678
OXFORD WHITE
Other Available Options
HYBRID Type 4-10-M-P-H
ECOBOOST
– allows driver to enable rear camera on-demand
(10-second timer) – without putting vehicle in Reverse – Stealth Mode
$230
16D Badge Delete : Deletes “Police Interceptor” N/C
<87R> Rear View Camera – Display in Center Stack N/C
XX 52P Hidden Door-Lock Plunger w/Rear-door controls inoperable (locks, handles
and windows – includes 68G
$160
76R Reverse Sensing $295
47A Engine Idle Feature $260
55F Remote Keyless Entry $340
18X 100 Watt Siren/Speaker (includes bracket and pigtail) $315
H RTRICH FLEET SERVICES, INC
1427 Bay Road Milford, DE 19963
Ford - Chevrolet - Dodge - Jeep
Lincoln - Honda - Buick - GMC - Toyota - Nissan
“A Member of the HeRTRICH Family of Automobile Dealerships”
(800) 698-9825 (302) 422-3300 Fax: (302) 839-0555
using two-way radio communications devices that operate in the 39 – 46
(Driver – Red / Passenger – Blue)
•
NA w/Front Interior
Windshield Warning Lights – Option 96W – may not work with other
$245
47E 12.1 Inch Integrated Computer Screen $2745
60A Pre-wiring for Grille LED Lights, siren and speaker $60
64E 18” Aluminum Wheels $475
55B / 54Z BLIS – Blind Spot Monitoring with Cross Traffic Alert (incl. Heated Mirrors) $545
63V Cargo Storage Vault – located in Drivers Side Rear Cargo Area $245
593 Perimeter Anti-Theft Alarm – Activated by Hood, Door or Liftgate (req. 55F) $125
87P Power passenger seat (8-way) w/2-way manual recline and lumbar $325
XX 85R Rear Console Plate $45
85S Rear Center Seat Delete NC
XX 59_* Keyed Alike- 7 codes available –OK with Keyless –opt 55F $50
43A Rear Auxiliary Liftgate Lights $395
76D Deflector Plate $335
16P Rear Bumper Step Pad $95
61B OBD – II Split Connector-allows up to 2 devices to be connected $55
90D Ballistic Door-Panels (Level III+) – Driver Front-Door Only $1585
90E Ballistic Door-Panels (Level III+) – Driver & Pass Front-Doors $3170
90F Ballistic Door-Panels (Level IV+) – Driver Front-Door Only $2415
90G Ballistic Door-Panels (Level IV+) – Driver & Pass Front-Doors $4830
67U Ultimate Wiring Package
Includes the following:
Rear console mounting plate (85R) – contours through 2nd row; channel for wiring
Pre-wiring for grille LED lights, siren and speaker (60A)
Wiring harness I/P to rear cargo area (overlay)
-Two (2) light cables – supports up to six (6) LED lights (engine compartment/grille)
$590
H RTRICH FLEET SERVICES, INC
1427 Bay Road Milford, DE 19963
Ford - Chevrolet - Dodge - Jeep
Lincoln - Honda - Buick - GMC - Toyota - Nissan
“A Member of the HeRTRICH Family of Automobile Dealerships”
(800) 698-9825 (302) 422-3300 Fax: (302) 839-0555
Rear hatch/cargo area wiring – supports up to six (6) rear LED lights
Does “not” include LED lights, side connectors or controller
Recommend Police Wire Harness Connector Kit 67V
66A Front Headlamp Lighting Solution
Includes LED Low beam/High beam headlamp, Wig-wag function and (2) Red/Blue/White LED
side warning lights in each headlamp (factory configured: driver’s side White/Red / passenger side
White/Blue)
Includes pre-wire for grille LED lights, siren and speaker (60A)
Wiring, LED lights included (in headlamps only; grille lights not included). Controller “not” included
Note: Not available with option: 67H
Note:
$895
66B Tail Lamp Lighting Solution
– Includes base LED lights plus two (2) rear integrated hemispheric lighthead white LED side
warning
lights in taillamps
– LED lights only. Wiring, controller “not” included
Note: Not available with option: 67H
Note:
$475
Rear Lighting Solution
– Includes two (2) backlit flashing linear high-intensity LED lights (driver’s side red / passenger side
blue) mounted to inside liftgate glass
– Includes two (2) backlit flashing linear high-intensity LED lights (driver’s side red / Passenger side
blue) installed on inside lip of liftgate (lights activate when liftgate is open)
– LED lights only. Wiring, controller “not” included
Note: Not available with option: 67H
Note: LED lights only – does “not” include wiring or controller
Note:
$485
67H Ready for the Road Package:
All-in Complete Package – Includes Police Interceptor Packages: 66A, 66B, 66C, plus
– Whelen Cencom Light Controller Head with dimmable backlight
– Whelen Cencom Relay Center / Siren / Amp w/Traffic Advisor (mounted behind 2nd row seat)
– Light Controller / Relay Cencom Wiring (wiring harness) w/additional input/output pigtails
– High current pigtail
– Whelen Specific WECAN Cable (console to cargo area) connects Cencom to Control Head
– Pre-wiring for grille LED lights, siren and speaker (60A)
– Rear console plate (85R) – contours through 2nd row; channel for wiring
– Grille linear LED Lights (Red / Blue) and harness
– 100-Watt Siren / Speaker
– Hidden Door-Lock Plunger / Rear-Door Handles Inoperable (52P)
Note:
$3595
96T Rear Spoiler Traffic Warning Lights (LED)
Fully integrated in rear spoiler for enhanced visibility
$1495
96W Front Interior Visor Light Bar (LED)
Super low-profile warning LED light bar fully integrated into the top of the windshield near the
Headliner – fully programmable. (Red/Red or Blue/Blue operation. White “take down” and “scene”
$1145
Police Perimeter Alert – detects motion in an approximately 270-degree radius on sides and back
of vehicle; if movement is determined to be a threat, chime will sound at Level I. Doors will lock and $685
67V Police Wire Harness Connector Kit – Front/Rear
For connectivity to Ford PI Package solutions includes:
Front
– (2) Male 4-pin connectors for siren
– (5) Female 4-pin connectors for lighting/siren/speaker
– (1) 4-pin IP connector for speakers
– (1) 4-pin IP connector for siren controller connectivity
– (1) 8-pin sealed connector
– (1) 14-pin IP connector
Rear
– (2) Male 4-pin connectors for siren
– (5) Female 4-pin connectors for lighting/siren/speaker
– (1) 4-pin IP connector for speakers
– (1) 4-pin IP connector for siren controller connectivity
– (1) 8-pin sealed connector
$185
H RTRICH FLEET SERVICES, INC
1427 Bay Road Milford, DE 19963
Ford - Chevrolet - Dodge - Jeep
Lincoln - Honda - Buick - GMC - Toyota - Nissan
“A Member of the HeRTRICH Family of Automobile Dealerships”
(800) 698-9825 (302) 422-3300 Fax: (302) 839-0555
67V Police Wire Harness Connector Kit is best utilized with 67U –
Ultimate Wiring Package / Harness
Interior Upgrade Package
• 1st and 2nd Row Carpet Floor Covering
• Cloth Seats – Rear
• Center Floor Console less shifter w/unique Police console finish plate
• Includes Console and Top Plate with 2 cup holders
• Floor Mats, front and rear (carpeted)
• Deletes the standard console mounting plate (85D)
• SYNC® 3
– Enhanced Voice Recognition Communications and Entertainment System
– 4.2" Color LCD Screen Center-Stack "Smart Display"
– AppLink®
– 911 Assist®
Note: SYNC® AppLink® lets you control some of your favorite compatible mobile apps with your
voice. It is compatible with select smartphone platforms. Commands may vary by phone and
$495
H RTRICH FLEET SERVICES, INC
1427 Bay Road Milford, DE 19963
Ford - Chevrolet - Dodge - Jeep
Lincoln - Honda - Buick - GMC - Toyota - Nissan
“A Member of the HeRTRICH Family of Automobile Dealerships”
(800) 698-9825 (302) 422-3300 Fax: (302) 839-0555
2021 Ford Police Interceptor Utility – Type 4-10-M-P & Type 4-10-M-P-H
Maryland BPO# 001B0600159
We are pleased to provide this pricing worksheet for the 2021 Ford Police Interceptor Utility,
K8A, based on Maryland BPO# 001B0600159. State specifications include: 3.3L V6 TI-VCT Engine,
10 Speed Automatic Transmission, Drivers Side LED Unity Spot Lamp, Rear Door Locks / Windows
In-operable, Courtesy Lamp Disable, Daytime Running Lamps Rear View Camera Display in Rear
View Mirror.
Code Description Amount
XX $32,678
BLACK
Other Available Options
HYBRID Type 4-10-M-P-H
ECOBOOST
– allows driver to enable rear camera on-demand
(10-second timer) – without putting vehicle in Reverse – Stealth Mode
$230
16D Badge Delete : Deletes “Police Interceptor” N/C
<87R> Rear View Camera – Display in Center Stack N/C
XX 52P Hidden Door-Lock Plunger w/Rear-door controls inoperable (locks, handles
and windows – includes 68G
$160
76R Reverse Sensing $295
47A Engine Idle Feature $260
55F Remote Keyless Entry $340
18X 100 Watt Siren/Speaker (includes bracket and pigtail) $315
H RTRICH FLEET SERVICES, INC
1427 Bay Road Milford, DE 19963
Ford - Chevrolet - Dodge - Jeep
Lincoln - Honda - Buick - GMC - Toyota - Nissan
“A Member of the HeRTRICH Family of Automobile Dealerships”
(800) 698-9825 (302) 422-3300 Fax: (302) 839-0555
using two-way radio communications devices that operate in the 39 – 46
(Driver – Red / Passenger – Blue)
•
NA w/Front Interior
Windshield Warning Lights – Option 96W – may not work with other
$245
47E 12.1 Inch Integrated Computer Screen $2745
60A Pre-wiring for Grille LED Lights, siren and speaker $60
64E 18” Aluminum Wheels $475
55B / 54Z BLIS – Blind Spot Monitoring with Cross Traffic Alert (incl. Heated Mirrors) $545
63V Cargo Storage Vault – located in Drivers Side Rear Cargo Area $245
593 Perimeter Anti-Theft Alarm – Activated by Hood, Door or Liftgate (req. 55F) $125
87P Power passenger seat (8-way) w/2-way manual recline and lumbar $325
XX 85R Rear Console Plate $45
85S Rear Center Seat Delete NC
XX 59_* Keyed Alike- 7 codes available –OK with Keyless –opt 55F $50
43A Rear Auxiliary Liftgate Lights $395
76D Deflector Plate $335
16P Rear Bumper Step Pad $95
61B OBD – II Split Connector-allows up to 2 devices to be connected $55
90D Ballistic Door-Panels (Level III+) – Driver Front-Door Only $1585
90E Ballistic Door-Panels (Level III+) – Driver & Pass Front-Doors $3170
90F Ballistic Door-Panels (Level IV+) – Driver Front-Door Only $2415
90G Ballistic Door-Panels (Level IV+) – Driver & Pass Front-Doors $4830
67U Ultimate Wiring Package
Includes the following:
Rear console mounting plate (85R) – contours through 2nd row; channel for wiring
Pre-wiring for grille LED lights, siren and speaker (60A)
Wiring harness I/P to rear cargo area (overlay)
-Two (2) light cables – supports up to six (6) LED lights (engine compartment/grille)
$590
H RTRICH FLEET SERVICES, INC
1427 Bay Road Milford, DE 19963
Ford - Chevrolet - Dodge - Jeep
Lincoln - Honda - Buick - GMC - Toyota - Nissan
“A Member of the HeRTRICH Family of Automobile Dealerships”
(800) 698-9825 (302) 422-3300 Fax: (302) 839-0555
Rear hatch/cargo area wiring – supports up to six (6) rear LED lights
Does “not” include LED lights, side connectors or controller
Recommend Police Wire Harness Connector Kit 67V
66A Front Headlamp Lighting Solution
Includes LED Low beam/High beam headlamp, Wig-wag function and (2) Red/Blue/White LED
side warning lights in each headlamp (factory configured: driver’s side White/Red / passenger side
White/Blue)
Includes pre-wire for grille LED lights, siren and speaker (60A)
Wiring, LED lights included (in headlamps only; grille lights not included). Controller “not” included
Note: Not available with option: 67H
Note:
$895
66B Tail Lamp Lighting Solution
– Includes base LED lights plus two (2) rear integrated hemispheric lighthead white LED side
warning
lights in taillamps
– LED lights only. Wiring, controller “not” included
Note: Not available with option: 67H
Note:
$475
Rear Lighting Solution
– Includes two (2) backlit flashing linear high-intensity LED lights (driver’s side red / passenger side
blue) mounted to inside liftgate glass
– Includes two (2) backlit flashing linear high-intensity LED lights (driver’s side red / Passenger side
blue) installed on inside lip of liftgate (lights activate when liftgate is open)
– LED lights only. Wiring, controller “not” included
Note: Not available with option: 67H
Note: LED lights only – does “not” include wiring or controller
Note:
$485
67H Ready for the Road Package:
All-in Complete Package – Includes Police Interceptor Packages: 66A, 66B, 66C, plus
– Whelen Cencom Light Controller Head with dimmable backlight
– Whelen Cencom Relay Center / Siren / Amp w/Traffic Advisor (mounted behind 2nd row seat)
– Light Controller / Relay Cencom Wiring (wiring harness) w/additional input/output pigtails
– High current pigtail
– Whelen Specific WECAN Cable (console to cargo area) connects Cencom to Control Head
– Pre-wiring for grille LED lights, siren and speaker (60A)
– Rear console plate (85R) – contours through 2nd row; channel for wiring
– Grille linear LED Lights (Red / Blue) and harness
– 100-Watt Siren / Speaker
– Hidden Door-Lock Plunger / Rear-Door Handles Inoperable (52P)
Note:
$3595
96T Rear Spoiler Traffic Warning Lights (LED)
Fully integrated in rear spoiler for enhanced visibility
$1495
96W Front Interior Visor Light Bar (LED)
Super low-profile warning LED light bar fully integrated into the top of the windshield near the
Headliner – fully programmable. (Red/Red or Blue/Blue operation. White “take down” and “scene”
$1145
Police Perimeter Alert – detects motion in an approximately 270-degree radius on sides and back
of vehicle; if movement is determined to be a threat, chime will sound at Level I. Doors will lock and $685
67V Police Wire Harness Connector Kit – Front/Rear
For connectivity to Ford PI Package solutions includes:
Front
– (2) Male 4-pin connectors for siren
– (5) Female 4-pin connectors for lighting/siren/speaker
– (1) 4-pin IP connector for speakers
– (1) 4-pin IP connector for siren controller connectivity
– (1) 8-pin sealed connector
– (1) 14-pin IP connector
Rear
– (2) Male 4-pin connectors for siren
– (5) Female 4-pin connectors for lighting/siren/speaker
– (1) 4-pin IP connector for speakers
– (1) 4-pin IP connector for siren controller connectivity
– (1) 8-pin sealed connector
$185
H RTRICH FLEET SERVICES, INC
1427 Bay Road Milford, DE 19963
Ford - Chevrolet - Dodge - Jeep
Lincoln - Honda - Buick - GMC - Toyota - Nissan
“A Member of the HeRTRICH Family of Automobile Dealerships”
(800) 698-9825 (302) 422-3300 Fax: (302) 839-0555
67V Police Wire Harness Connector Kit is best utilized with 67U –
Ultimate Wiring Package / Harness
Interior Upgrade Package
• 1st and 2nd Row Carpet Floor Covering
• Cloth Seats – Rear
• Center Floor Console less shifter w/unique Police console finish plate
• Includes Console and Top Plate with 2 cup holders
• Floor Mats, front and rear (carpeted)
• Deletes the standard console mounting plate (85D)
• SYNC® 3
– Enhanced Voice Recognition Communications and Entertainment System
– 4.2" Color LCD Screen Center-Stack "Smart Display"
– AppLink®
– 911 Assist®
Note: SYNC® AppLink® lets you control some of your favorite compatible mobile apps with your
voice. It is compatible with select smartphone platforms. Commands may vary by phone and
$495
Open Session Item
SUBJECT: Intergovernmental Cooperative Purchase of Ammunition (INTG-20-0041) for the
Washington County Sheriff’s Office
PRESENTATION DATE: September 15, 2020
PRESENTATION BY: Rick Curry, CPPO, Director of Purchasing and Cody Miller,
Property/Planning/Fleet/Grants Coordinator, Washington County Sheriff’s Office
RECOMMENDED MOTION: Move to authorize by Resolution, the approval of the purchase of one
hundred ninety-four (194) cases of ammunition from Atlantic Tactical of New Cumberland, PA. The
cost of twenty-two (22) cases of .223 caliber ammunition $563.39 per case, thirty (30) cases of .40
caliber ammunition $121.32 per case, forty (40) cases of .40 caliber ammunition $253.66 per case,
forty (40) cases .223 caliber ammunition $326.82 per case, forty-two (42) cases of .40 caliber
ammunition $182.53 per case, and twenty (20) cases of 5.56 caliber ammunition $660.38 per case. The
total cost of one hundred ninety-four (194) cases of ammunition would be $60,127.24. This purchase
would be accomplished utilizing the State of Maryland’s contract BPO #001B9400318 in accordance
with the terms and conditions of that contract.
REPORT-IN-BRIEF: Section 106.3 of the Public Local Laws of Washington County grants
authorization for the County to procure goods or services under contracts entered into by other
government entities. On items over $50,000, a determination to allow or participate in an
intergovernmental cooperative purchasing arrangement shall be by Resolution and shall indicate that
the participation will provide cost benefits to the county or result in administrative efficiencies and
savings or provide other justification for the arrangement.
The County will benefit with the direct cost savings in the purchase of the ammunition because of
economies of scale this contract has leveraged. I am confident that any bid received as a result of an
independent County solicitation would exceed the spend savings that the State of Maryland’s bid
provides through this agreement. Acquisition of the ammunition by utilizing the State of Maryland’s
contract and eliminating our County’s bid process would result in an administrative and cost savings
for the Sheriff’s Office in preparing specifications and the Purchasing Department. This savings/cost
avoidance would, I believe, be significant.
The pricing provided under the State contract was compared to other sources.
DISCUSSION: N/A
FISCAL IMPACT: Funding is in the department’s FY’21 operating budget account 582010-10-
11310.
CONCURRENCES: Sheriff Mullendore
ALTERNATIVES: N/A
ATTACHMENTS: State of Maryland Contract
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
BLANKET PURCHASE ORDER
STATE OF MARYLAND
BPO NO:PRINT DATE:PAGE:
FMIS-5 (4/96)
SHIP TO:
AS SPECIFIED ON INDIVIDUAL ORDERS
VENDOR ID:REFER QUESTIONS TO:
ITB:EXPR DATE:
POST DATE:
DISCOUNT TERMS:
CONTRACT AMOUNT:
TERMS:
ARTICLES HEREIN ARE EXEMPT FROM MARYLAND SALES AND USE TAXES BY EXEMPTION CERTIFICATE
NUMBER 3000256-3 AND FROM FEDERAL EXCISE TAXES BY EXEMPTION NUMBER 52-73-0358K. IT IS THE
VENDOR'S RESPONSIBILITY TO ADVISE COMMON CARRIERS THAT AGENCIES OF THE STATE OF MARYLAND
ARE EXEMPT FROM TRANSPORTATION TAX.
************* STATE OF MARYLAND ******************
001B9400318 08/18/20 01
ATLANTIC TACTICAL
763 CORPORATE CIR ALLEGRA DAYE
(410 )767-4032
NEW CUMBERLAND, PA 17070 ALLEGRA.DAYE1@MARYLAND.GOV
(800 )781-2677
12/31/20 . NET 30 DAY
02/07/19 .00
THIS IS THE FINAL RENEWAL
==================
STATEWIDE CONTRACT
FOR
AMMUNITION
==================
AMENDMENT#2: CONTRACT EXTENDED UNTIL 12/31/2020
AMENDMENT#1: CONTRACT EXTENDED UNTIL 7/31/2020
REQUIREMENTS CONTRACT FOR SUPPLYING THE USING AUTHORITY WITH THEIR
NEED FOR THE FOLLOWING ITEM(S) FOR THE CONTRACT PERIOD SPECIFIED
BELOW.
RELEASES SHALL BE MADE AS REQUESTED BY THE USING AUTHORITY ON AN
"AS-REQUIRED" BASIS.
THIS IS THE LAST RENEWAL ON CONTRACT PERIOD. THE LAST OF (4) FOUR
RENEWALS, ONE EACH AT THE UNILATERAL DISCRETION OF THE STATE.
CONTRACT PERIOD: ONE YEAR FROM DATE OF AWARD - 01/31/2020
*** CONTINUED, NEXT PAGE ***
BLANKET PURCHASE ORDER
STATE OF MARYLAND
BPO NO:PRINT DATE:PAGE:
FMIS-5 (4/96)
TERMS (cont'd):
************* STATE OF MARYLAND ******************
001B9400318 08/18/20 02
VENDOR CONTACT : SEAN CONVILLE (SCONVILLE@ATLANTICTACTICAL.COM)
JESSICA LAWLOR
VENDOR NUMBER : 717-774-3339
CONTRACT TERMINATION: CONTRACTS SHALL REMAIN IN EFFECT FOR THE TIME
PERIOD SPECIFIED UNLESS THE CONTRACT IS TERMINATED BY THE DEPARTMENT
OF GENERAL SERVICES. THE DEPARTMENT MAY TERMINATE ANY CONTRACT
WITHOUT SHOWING CAUSE UPON 30 DAYS WRITTEN NOTICE.
A USAGE REPORT SHALL BE FURNISHED BY ATLANTIC TACTICAL EVERY 90
DAYS DETAILING THE PURCHASE OF ALL ITEMS ON THE CONTRACT. THE FORMAT
OF SUBMISSION (E.G. EXCEL) SHALL BE AT THE VENDOR'S DISCRETION
PROVIDED THAT, AT A MINIMUM, THE REPORT REFLECTS THE CONTRACT NUMBER,
CONTRACT ITEM NUMBER, THE DOLLAR VOLUME PURCHASED OF EACH ITEM,
AGENCY IDENTIFICATION AND THE CONTRACT TOTAL. ANY EXCEPTION TO THIS
MANDATORY REQUIREMENT MAY RESULT IN CANCELLATION OF THE AWARD. FAILURE
TO PROVIDE THE REPORT WITH THE MINIMUM REQUIRED INFORMATION MAY ALSO
NEGATE ANY CONTRACT EXTENSION CLAUSES.
PROCESSING FEE:
1. CONTRACTOR SHALL PAY A PROCESSING FEE TO THE STATE IN THE AMOUNT OF
ONE PERCENT (1%) OF THE TOTAL CONTRACT SALES. THE PROCESSING FEE
IS CALCULATED BASED ON ALL SALES TRANSACTED UNDER THE CONTRACT,
MINUS ANY RETURNS OR CREDITS. THE PROCESSING FEE SHALL NOT BE
CHARGED DIRECTLY TO THE CUSTOMER, E.G., AS A SEPARATE LINE ITEM,
FEE OR SURCHARGE, BUT SHALL BE INCLUDED IN THE CONTRACT'S UNIT
PRICES.
2. THE PROCESSING FEE SHALL BE SUBMITTED TO THE DEPARTMENT OF GENERAL
SERVICES, FISCAL SERVICES DIVISION, 301 W. PRESTON STREET, ROOM
1309, BALTIMORE, MD., 21201, WITHIN TEN (10) CALENDAR DAYS
FOLLOWING THE END OF EACH CALENDAR MONTH ALONG WITH A MONTHLY
USAGE REPORT DOCUMENTING ALL CONTRACT SALES. AN EXCEL VERSION
OF THE MONTHLY USAGE REPORT SHALL ALSO BE SENT VIA E-MAIL TO THE
PROCUREMENT OFFICER AT IRIS.LESTER@MARYLAND.GOV AS WELL AS TO
CATHY.MARZOLE@MARYLAND.GOV.
3. FAILURE TO REMIT PROCESSING FEES IN A TIMELY MANNER OR REMITTANCE
OF FEES INCONSISTENT WITH THE CONTRACT'S REQUIREMENTS MAY RESULT
IN THE STATE EXERCISING ALL RECOURSE AVAILABLE UNDER THE CONTRACT
INCLUDING, BUT NOT LIMITED TO, A THIRD PARTY AUDIT OF ALL CONTRACT
ACTIVITY. SHOULD AN AUDIT BE REQUIRED BY THE STATE, THE
CONTRACTOR SHALL REIMBURSE THE STATE FOR ALL COSTS ASSOCIATED WITH
*** CONTINUED, NEXT PAGE ***
BLANKET PURCHASE ORDER
STATE OF MARYLAND
BPO NO:PRINT DATE:PAGE:
FMIS-5 (4/96)
TERMS (cont'd):
************* STATE OF MARYLAND ******************
001B9400318 08/18/20 03
THE AUDIT UP TO $10,000.00 OR ONE (1%) PERCENT OF THE CONTRACT'S
ESTIMATED ANNUAL VALUE, WHICHEVER IS HIGHER.
PURSUANT TO ARTICLE 41, SECTION 18-201 OF THE ANNOTATED CODE OF
MARYLAND, EXCEPT AS PROVIDED IN (B) THE FOLLOWING ENTITIES MAY
PURCHASE MATERIALS, SUPPLIES, AND EQUIPMENT UNDER THIS CONTRACT:
(1) A COUNTY OR BALTIMORE CITY;
(2) A MUNICIPAL CORPORATION;
(3) A GOVERNMENTAL AGENCY IN THE STATE;
(4) A PUBLIC OR QUASI-PUBLIC AGENCY THAT:
(I) RECEIVES STATE MONEY; AND
(II) IS EXEMPT FROM TAXATION UNDER SECTION 501(C)(3) OF THE
INTERNAL REVENUE CODE:
(5) A PRIVATE ELEMENTARY OR SECONDARY SCHOOL THAT:
(I) EITHER HAS BEEN ISSUED A CERTIFICATE OR APPROVAL FROM
THE STATE BOARD OF EDUCATION OR IS ACCREDITED BY THE
ASSOCIATION OF INDEPENDENT SCHOOLS; AND
(II) IS EXEMPT FROM TAXATION UNDER SECTION 501 (C)(3) OF THE
INTERNAL REVENUE CODE:
OR
(6) A NONPUBLIC INSTITUTION OF HIGHER EDUCATION UNDER SECTION
17-106 OF THE EDUCATION AFTICLE.
A PRIVATE ELEMENTARY OR SECONDARY SCHOOL OR A NONPUBLIC INSTITUTION
OF HIGHER EDUCATION MAY NOT PURCHASE RELIGIOUS MATERIALS UNDER THIS
CONTRACT.
THE RIGHT TO PURCHASE UNDER THIS SECTION SHALL BE IN ADDITION TO, BUT
NOT IN SUBSTITUTION FOR, THE APPLICABLE PURCHASING POWER GRANTED TO
ANY OF THE LISTED ENTITIES PURSUANT TO ANY STATUTORY OR CHARTER
PROVISION.
ALL PURCHASES UNDER THIS CONTRACT BY ANY SUCH ENTITY WHICH IS NOT A
UNIT OR AGENCY OF THE STATE OF MARYLAND FOR WHICH THE STATE OF
MARYLAND MAY BE HELD LIABLE IN CONTRACT (1) SHALL NOT CONSTITUTE A
PURCHASE OR CONTRACT BETWEEN THE CONTRACTOR AND THAT ENTITY ONLY, (2)
SHALL NOT CONSTITUTE A PURCHASE OR CONTRACT OF THE STATE OF MARYLAND,
(3) SHALL NOT BE BINDING OR ENFORCEABLE AGAINST THE STATE OF MARYLAND
OR ANY OF ITS UNITS OR AGENCIES, AND (4) MAY BE SUBJECT TO OTHER
TERMS AND CONDITIONS AGREED TO BY THE CONTRACTOR, AND THE PURCHASER.
CONTRACTOR BEARS THE RISK OF DETERMING WHETHER OR NOT ANY ENTITY FROM
*** CONTINUED, NEXT PAGE ***
BLANKET PURCHASE ORDER
STATE OF MARYLAND
BPO NO:PRINT DATE:PAGE:
FMIS-5 (4/96)
TERMS (cont'd):
************* STATE OF MARYLAND ******************
001B9400318 08/18/20 04
WHICH THE CONTRACTOR RECEIVES AN ORDER UNDER THE CONTRACT IS A UNIT
OR AGENCY OF THE STATE OF MARYLAND SUCH THAT THE CONTRACT MAY BE
ENFORCED AGAINST THE STATE OF MARYLAND.
THE VENDOR/CONTRACTOR HAS TEN (10) CALENDAR DAYS FROM THE DATE OF
THE AWARD TO INITIATE THE PROCESS OF PUTTING THEIR ONLINE ECATALOG
OF CONTRACT ITEMS ON THE EMARYLAND MARKETPLACE. FAILURE BY THE
VENDOR/CONTRACTOR TO DO SO, INCORPORATIONG THE TERMS AS LISTED
ABOVE AND OTHERWISE COMPLYING WITH THE CONTRACT, WILL BE CAUSE
TO REASSESS THE CONTRACT WITH THE VENDOR/CONTRACTOR AND MAY RESULT IN
DEFAULT OF THE CONTRACT AND/OR BREACH OF THE CONTRACT, AND
COULD RESULT IN TERMINATION OF THE CONTRACT FOR DEFAULT.
ALL COSTS AND EXPENSES OF COMPLYING WITH THIS PROVISION SHALL BE
BORNE BY THE CONTRACTOR AT NO ADDITIONAL COST TO THE STATE.
FOR ADDITIONAL INFORMATION CONCERNING EMARYLAND MARKETPLACE, PLEASE
CONTACT CATHY.MARZOLE AT 410-767-1942. E-MAIL AT
CATHY.MARZOLA@MARYLAND.GOV.
CONTRACT VALUE ESTIMATION: CONTRACT QUANTITY AND VALUE IS ESTIMATED
AT $50,000.00 AND SHOULD NOT BE CONSTRUED AS ANY MINIMUM OR MAXIMUM
GUARANTEE. THE CONTRACT SHALL BE FOR THE ACTUAL NEEDS OF THE AGENCY
AND MAY VARY APPRECIABLY FROM THE STATED ESTIMATE(S). RELEASES SHALL
BE MADE AS REQUESTED BY THE USING AUTHORITIES ON AN "AS-REQUIRED"
BASIS.
CONTRACT ACCEPTANCE: THE BLANKET PURCHASE ORDER (BPO) ISSUED AS A
RESULT OF THE INVITATION TO BID (ITB #001IT819618) AND ANY SUBSEQUENT
AMENDMENTS, MODIFICATIONS, OR OPTIONS ISSUED RELEVANT TO THE ITB OR
BPO, SHALL COMPLY WITH ALL OF THE TERMS, CONDITIONS, AND
SPECIFICATIONS ISSUED WITH THE ITB (#001IT819618) AND ARE
INCORPORATED HEREIN AND MADE A PART OF THIS BPO.
BLANKET PURCHASE ORDER
STATE OF MARYLAND
BPO NO:PRINT DATE:PAGE:
FMIS-5 (4/96)
LINE # STATE ITEM ID U/M UNIT COST
************* STATE OF MARYLAND ******************
001B9400318 08/18/20 05
0001 68004 CS
AMMUNITION
AMMUNITION - WINCHESTER - 44% DISCOUNT ON LOT PRICING PER QUOTE
SUBMITTED BY SEAN CONVILLE (SCONVILLE@ATLANTICTACTICAL.COM) AND
SIGNED OFF BY JESSICA LAWLOR ON 9/2/2014.
_______________________________ END OF ITEM LIST _______________________________
******** LAST PAGE ********
AUTHORIZED BY:DATE:
BUYER AUTHORIZED DESIGNEE
Open Session Item
SUBJECT: Intergovernmental Cooperative Purchase (INTG-20-0040) Aeroclave Room
Decontamination System for Division of Emergency Services (DES)
PRESENTATION DATE: September 1, 2020
PRESENTATION BY: Rick Curry, CPPO, Director of Purchasing and Shawn Hartsock, Captain,
Division of Emergency Services
RECOMMENDED MOTION: Move to authorize by Resolution, the Intergovernmental Cooperative
purchase of nine (9) Aeroclave Room Decontamination System, model 3110 for DES at a cost of
$16,562 each, for a total cost in the amount of $149,058 from AeroClave, LLC of Winter Park, FL and
to utilize another jurisdiction’s contract pricing that was awarded by Huston Galveston Area Council
(HGAC), Contract Emergency Preparedness and Safety Equipment #EP11-17.
REPORT-IN-BRIEF: AeroClave, LLC will provide portable spray disinfectant units for the County,
as related to the COVID-19 National Emergency. The units will primarily be used to disinfect
ambulances after transporting highly contaminated patients. While there are rigorous sanitation
procedures in place, every crevice of the patient compartment is not accessible, and this equipment
provides the highest levels of decontamination. Due to the nature of the pandemic, it is in the County’s
best interest to purchase the decontamination units. The portable units are lightweight, easy to transport
and can achieve a full-spectrum sterilization anywhere, at any time. The 3110 model can reduce the
downtime for an ambulance and its crew because the unit can disinfect an ambulance in six (6) minutes
compared to the thirty (30) minutes for ambulance crew to manually spray and wipe down the interior
and equipment in the patient compartment.
The Code of the Public Laws of Washington County, Maryland (the Code) §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 party to the original contract. HGAC took the lead in soliciting the resulting bid. If the
Board of County Commissioners determines that participation by Washington County would result in
cost benefits or administrative efficiencies, it could approve the purchase and programming of the
radios in accordance with the Code referenced above by resolving that participation would result in
cost benefits or in administrative efficiencies.
DISCUSSION: N/A
FISCAL IMPACT: There is no Fiscal Impact at this time. The total funds requested to be spent for
this project is $149,058, which will be funded through the CARES Act account.
CONCURRENCES: DES Division Director
ALTERNATIVES: N/A
ATTACHMENTS: AeroClave, LLC’s quote dated May 28, 2020
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
AeroClave, LLC
AteC�..�✓/
k
BILL TO:
16232 Elliott Parkway
Williamsport
Maryland
United States
21795
4007 Forsyth Road
Winter Park
Florida
United States 32792
SHIP TO:
16232 Elliott Parkway
Williamsport
Maryland
United States
21795
Quote j
Valid Till: May 28, 2020
Quote Number: 1491633000010247079
Account Name. Washington County Division Fire and
Emergency Services (MD)
Quote Stage:
Contact Name:Shawn Hartsock
3 No.
Product Details
Qty
List Price
Discount
r Total
1.
RDS3110
9
$ 13,999.00
$ 0.00
$
125,991.00
AeroClave Room Decontamination System, Model
3110.
2.
APA25
9
$1,249.00
$ 0.00
$11,241.00
AeroClave Portable Applicator, Hand Sprayer,
25'
3.
ADP -PT
9
$ 949.00
$ 0.00
$ 8,541.00
AeroClave ADP, Ambulance Port, 8'
4.
VOXU12
9
$ 140.00
$ 0.00
$1,260.00
Vital Oxide disinfectant solution, 1 Case,
Four 1 Gal. Bottles ea.
5.
RDS3130 - shipping
9
$ 175.00
$ 0.00
$1,575.00
Shipping and Handling
6.
APA25 - shipping
9
$ 15.00
$ 0.00
$ 135.00
Shipping and Handling
7.
ADP -PT - shipping
9
$ 15.00
$ 0.00
$ 135.00
Shipping and Handling
8.
VOXU12 - shipping
9
$ 20.00
$ 0.00
$ 180.00
Shipping and Handling
Sub Total $
149,058.00
Tax $ 0.00 `
Adjustment $ 0.00
Grand Total $
149,058.00
Terms and Conditions
*,IE ARE NOT ACCEPTING RETURNS/CANCELLATIONS UNDER ANY CIRCUMSTANCES DURING THIS CRITICAL TIME*"
ALL PRICES ARE LISTED IN USD ($)
The information contained in this quote is applicable for 30 days.
On -site training is available for $2,000/day.
Vital -Oxide Disinfectant pricing is as follows (1 case = four 1 gallon bottles):
® 1-11 cases - $140.00 USD (GSA: $126.95 USD) per case $20.00 shipping per case
12-35 cases - $132.00 USD (GSA: $119.90 USD) per rase + free shipping (Contiguous United States
only)
36 case pallet - $120.00 USD (GSA: $108,82 US0) per case + free shipping (Contiguous United
States only)
Hardware and Vital Oxide quantity discounts available.
With each purchase, AeroClave will. provide 12 months free parts and labor warranty. For customers
within a 30-mile radius, this will be performed on -site. For customers outside a 30-mile radius,
AeroClave will provide a loaner unit while the unit is under repair. If unit problem is determined to
be a manufacturing or workmanship defect, AeroClave will pay for the shipping bath ways, If problem is
determined to be caused by operator error or abuse, freight cost will be the responsibility of the
owner.
Should you have any questions regarding this quote, please contact Michael Quincy
(mquinoy@aeroclave.com). We look forward to working with you.
Thanks for your business!
AeroClave LLC
i
Emer enci, Preparedness & Safety Equipment
Page 1 f 4
A CONTRACT BETWEEN
HOUSTON-GALVESTON AREA COUNCIL
Houston, Texas
AND
AEROCLAVE LLC
Winter Park, Florida
This Contract is made and entered into by the Houston -Galveston Area Council of Governments, hereinafter referred to as H-GAC,
having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027, AND, AeroClave LLC, hereinafter
referred to as the CONTRACTOR, having its principal place of business at 4007 Forsyth Road, Winter Park, Florida 32792.
ARTICLE 1: SCOPE OF SERVICES
The parties have entered into a Emergency Preparedness & Safety Equipment Contract to become effective as of November 1, 2017, and to
continue through October 31, 2020 (the "Contract"), subject to extension upon mutual agreement of the CONTRACTOR and H-GAC.
H-GAC enters into the Contract as Agent for participating governmental agencies, each hereinafter referred to as END USER, for the
purchase of Emergency Preparedness & Safety Equipment offered by the CONTRACTOR. The CONTRACTOR agrees to sell
Emergency Preparedness & Safety Equipment through the H-GAC Contract to END USERS.
ARTICLE 2• THE COMPLETE AGREEMENT
The Contract shall consist of the documents identified below in order of precedence:
1. The text of this Contract form, including but not limited to, Attachment A
2. General Terms and Conditions
3. Proposal Specifications No:EPI 1-17, including any relevant suffixes
4. CONTRACTOR's Response to Proposal No:EPI 1-17, including but not limited to, prices and options offered
All of which are either attached hereto or incorporated by reference and hereby made a part of this Contract, and shall constitute the
complete agreement between the parties hereto. This Contract supersedes any and all oral or written agreements between the parties relating
to matters herein. Except as otherwise provided herein, this Contract cannot be modified without the written consent of both parties.
ARTICLE 3: LEGAL AUTHORITY
CONTRACTOR and H-GAC warrant and represent to each other that they have adequate legal counsel and authority to enter into this
Contract. The governing bodies, where applicable, have authorized the signatory officials to enter into this Contract and bind the parties to
the terms of this Contract and any subsequent amendments thereto.
ARTICLE 4: APPLICABLE LAWS
The parties agree to conduct all activities under this Contract in accordance with all applicable rules, regulations, directives, issuances,
ordinances, and laws in effect or promulgated during the term of this Contract.
ARTICLE 5: INDEPENDENT CONTRACTOR
The execution of this Contract and the rendering of services prescribed by this Contract do not change the independent status of 11-GAC or
t or act of H-GAC in performance of this Contract shall be construed as making
CONTRACTOR. No provision of this Contrac
e State of Texas or the United States Government. Employees of
CONTRACTOR the agent, servant or employee of H-GAC, th
CONTRACTOR are subject to the exclusive control and supervision of CONTRACTOR. CONTRACTOR is solely responsible for
employee payrolls and claims arising therefrom.
ARTICLE 6: CTOR through this
END USER AGREEMENTS
H-GAC acknowledges that the END USER may choose to enter into an End User Agreement with the CONTRA
Contract and that the term of said Agreement may exceed the term of the H-GAC Contract. However, this acknowledgement is not to be
construed as H-GAC's endorsement or approval of the End User Agreement terms and conditions. CONTRACTOR agrees not to offer,
agree to or accept from END USER any terms or conditions that conflict with or contravene those in CONTRACTOR's H-GAC contract,
shall not result in the termination of the underlying End User Agreements entered into
Further, termination of this Contract for any reason
between CONTRACTOR and any END USER which shall, in each instance, continue pursuant to their stated terms and duration. The only
effect of termination of this Contract is that CONTRACTOR will no longer be able to enter into any new End User Agreements with END
USERS pursuant to this Contract. Applicable H-GAC order processing charges will be due and payable to H-GAC on any End User
Agreements surviving termination of this Contract between H-GAC and CONTRACTOR.
H:\CONTPACTS\Emergency Preparedness & Safety Equipmcnt\AeroClave LLC\EPI 1-17.2
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Emergency Preoalxdnes9 & Sa[etyq'uiamerit Page 2 of 4
ARTICLIE 7: SVBCONTRAd IS & ASSIGNNIEN>ES: .
CONTRACTOR-agrees'not to subnortn'aet, assign, transfer, eonvey,'sublet or other wse dispose ofthis Contract or atry right, title, obligation or
interest it may have therein ip any third party withciut prior wrjtten-notice to, H-GAC. • H-GAC reserves the right to accept or reject any such
change. CONTRACTOR shall continue to remain responsible for'all performance under this Contract regardless of any subcontract or
assignment. H-GAC shall be liable solely to CONTRACTOR and not.to ally of its 5ubeontrlors or Assignees.
ARTICLE 8: EXAMINATION ATION AND REjgNT1t'JN F CONTRACTOR'S RECORDS
CONTRACTOR shall maintain during the course of its work, complete and accurate records of demsthat are chargeable to END USER under
this Contract. H.:GAC, through its staff or its designated public accounting firm, the Stitt of Texas, or,the' United States Government shall have
t;lne to inspect copy and audit those records on or off. the premises ofCONTRACTOR_ Failurzffl provide access to
the right at any reasonable
records may be eausc•for terrnination ofthis Contract. CONTRACTOR shall maintain all records portinsnt to this Contract for aperiod of not
less than five (5) calendar. Yew from the date of acceptance of the final contract closeout and until any outstanding litigation, audit or claim has
been resolved. The"right of access to records is ripe limited to te requon p
hired retentieriod, but shall last as long as the records are retained.
%a
CONTRACTOR fyrQ?er agrees to include n th
a1)•st bcutitracts under iCont s;ract, provision to the;effta that the subcontractor agrees that
H-GAC'S duly sitlhori7ed representatives, shall, tq,.il the exgiratjpn offive (5) mincalendar years.after final paymentunder the subcontract or until
all audit findings ltave beedresolved, have access.,., the rigiit'to exae and copy aqy. directly pertihtrrt books, documents, pipets,
invoices and records of suer subcontractor invo):vitig Fry transacNoirrelaiing to the subcontract
ARTICLE 9: REPOR'I`I1V+G_REQUIREMI2N'I'S
CONTRACTOR agrees to submit reports or cRthor docume itatiori' ii accordance with the General'Terms and Conditions of the Proposal
Specifications- If CONTRACTOR fails to submit to f AC. i?i a:ti ti' -aria i etisfaetory manner any such report or documentation, or
othcnvise fail satisfanoxily render perfotrnan'ce hereunder; such"failure maybe tionsidered cause for termination of this Contract
ARTICLE 10: MOST FAVOR)FiD 4'l"1S"rn"I RR CL'•AUSEV
If CONTRACTOR', at any Time during this Contract , routih'elY enters into agreein6t9with'other governmental customers withinthe State
of Texas and offers the same or substantially thb same products(services'gffe`red'to H-GAC on a basis that provides prices, warranties,
benefits, and or terms move favorable than those provided. to H'=G'AC,,CON J ACTOR shall ;,otify I-- GAC withint" (10) business days
thereafter of that offering ono this Contract shal).be deemed io liy automatically am6 ided effective rctr actively to the effective daze of the
most favorable contract,' wherein CONTRACTOR shall provide'the sartie;`prices, waiiatities, benefits, or terms to H-GAC and its END
USER. H_GAC shall have the right and option al arty time to decllne to accept any such Change; in which case the amendment shall be
deemed null and yr id;,'ii CONTRACTOR is of the opipion that arty apparently mo><'e favorable price, warranty, benefit, or term charged
and/or offered a custo'nier during the term of this ContraCf;is not hi fadinost favored treatment, CONTRACTOR shall within ten (10)
business days noti m-GAC in writing, setting forth the detsilcd reasons CONTRACTOR believes aforesaid offer which has been deemed
to be a most favored treatu'ient, is not in fact mosf fait rad:rreairiient: R-CAC, after due e6nsidec-ation of such written explanation, may
decline to accept such explanation and thereupon.this,Conbaet.between N-GACand CONTRACTOR shall be automatically amended,
effective retroactively, to the effective date of the most flavored apmeiment, to -provide the.same prices, warranrties, benefits, or terms to H-
GAC.
The Patties accept tJie following definition of toutitte: A prescribed; detailed course of action to be followed regularly; a standard procedure.
clause shall not be applieabLe to prices
FXCE,PT'/ONr .This andprice adjusfi►renispf"ened by a bidder, proposer or contractor, which
are not within kidder's/ proposer's conlrol %«a»tp/e; a iltdngfgcxurer', bid `concessidn/, or to any prices offered 10 the Federal
Government 4"4 its agen*s.
ARTICLE 13:. SEVERABIOTV
All parties agree than should any provision ofthis Cohttact be detefix6yied tobe invalid'OVU'tiehforceable, Bach determination shall notaffect any
other term of this Contract, which shall continue in .:ill forceatid effect. '
ARTICLE 12 z DISPYJ`I ES'
Any and all disputes concerning questions offact or of la�v. Istria thiderthis ContiBct, which aii- not disposed ofby agreement,shall be decided
by the Executive Director of H-GAC or his design', who shall .reduce his decisiod to writing and provide notice thereof to CONTRACTOR.
The decision of the Executive Director or his designed" 6116e filial aitd conclusive airless; within thim: 00) days from the date of receipt of
such notice, CONTRACTOR requests a retie Jing floret the EitecUtive Director"" of'H-GAC.' In connection with any rehearing under this
Article, CONICRACPOR shall be afforded an op'portirnity to be'#�eerd and offer evidence in support of its position. The decision of the
Executive Director;:atter aqy such rehearing shah b'e final and'conclusive. ;CONTRACTOR may, if it elects to do so, appeal the final and
conclusive decision of the Executive Dlrector.to a. court of.corrtpeterit jurisdicciotr. Pending final decision of a dispute hereunder,
CONTRACTOR shall prc"Weed diligently with the perFonneirce ofthis Coetruct anti in 9ecordance ;with H GAL'S Anal decision.
N:\COMRACTS1,,mergGuy prepam&css & Saret EquipmenMer.00 a UCO '11-17:2
0y/27/2017 21:35 4073390019 ' AEROCLAVE PAGE 03/86
.
. ^'` 'age 3 of 4
ExcW as spedfied in any separate writing bet��,een the, CONTRACTOR and anEND USEP, CONTRACTOR's total liability under this
Contriact;, whether for breach o(contract,, warrarit' t ability, W tort or
negligence,:MF U otheTwise, but excluding its obligation to indemnify
refund the purchase price orr.to repair or replace P�oiducqs) . thatare not as warrantecl. In . no event will iQoNTRACTOR be liable for any loss of
use, loss oftime, inconventerice, commercial loss, lostproflis 6r'sa�in . 6roither incidental,s uential damages to the full extent
SS pecialorconseq
Su6 use omy be disclaimed b . y . law. CONrRA(-TORU'n*dent�.nds.b.AO.ageesthotitshaiI . lie. liable to rq pay and shall repay upon demand to
been paid in
END USER any �imqun% determined by H-GAC, its WdepeiWdhi auditors, or any 9-Mr-Y of State or Fcdcrg government to lave
violation of the terms 6
H-GAC's liability under thii Contract whether ft b;,Wh.df 4�ohttact.'wftffantY, neglig'ence, strict liability, in tort or otherwis
its order pmccssimz,.-chargv- . Irt no event w;lJ-JR-,Qk.0 br, liable,4br. any low of,usr, loss oftinic, inconywicricu, commomial loss, lost profits
the extent: permitted Pyl�aw,.io defend and hold harj4h*s H`-JdAC'ks board membeirs,- 4fim, s", -, cial
es of azfi&4 judgments, and liens arising as a
result ofCONTRACTOR's
of any actual suit PIW, agotit CONTRACTOR- -contract.
H-CAC may t�rrniziate this Contract for cause 6gsed ii0on the .. fa_i1fq'r'0f1CO' CTQk� �omp��ih�!h the terms and/or conditions ofthe
Contract; Provided that H-GAC shall giv2'CONTkXCt6lk)�rri`!' ryin
days after reicBipt of such 'ii�ficc, CONTRACTOR shall not avg.ek. ercorm suc�, faflurc, ;)r. thereafter pr000-Aed diligently to
at its option, p jn`�Auii and the tontract sJWl terminate on the date
complete such currectiorl�tbin H-GAC may' lac, CONTRA ., R.
specified in . such no�6,-e.' CdNTRACTOR shetli'pay to H-G At any oider processiug charges dite ftm CONTRACTOR on that portion of
the Contract. actual l'y pcn'or . ined by CONTRACTOI� and for which compensation was reoeiv?d.by,CONTRACTOR.
Either H-GAC or CONTRACTOR may cancel cw.terminate tbisCo iy tiiheby giving thirty, (�O) days written notice to the other.
. 11tract at an
CONTRACTORmay 6z entitled W payment ft�r� ENb b9ilk fkiisei�ic�s a�tually per&rm0d; to the extent said servi= are satisfactory
'Nm CONTRA
to END liselk. cOMMACTOR shall charges.* CTOR on that portion of the
pay to
Contract actually hl compensation is rece.w. Y. .0
H-GAC, the State ofTexiis uind the acts and reg-littions ofahy fithding c�tity_ CONTRACTOk agreos to notify H-GAC ofany suspected
o
fraud, abuge or other airnib.,:d wtivity related to ihi� Con VM rep rt promptly �fte.r it becomes aware ofsuch activity.
ARTICLE 11
GOVERN] GJAW&VENUE
'Ne'n't . ke e of action arising under or in
This Contract sUl be governed by the laws ofilie Sbite of-T6cai. . 9.dfoysujtorcaus
shall ihaiedlately notify iK_GAC of such disputes.
resolved in accord with the faw and venue rules 6fthe stit�66�&` chs2�e: -C NTRACTOR
CONTRACTOR *Fees to..sell its products to FW�! Z.e.pricing An&bther terms ofthis Contract, including, but not
limited to, thopay-tziefit. of tbe applicable H-GAC of . c ler. proo6isin- On notifj'cid'p� f�om an IOND USER that an order has been
g charge.
0 TRA!CTOR, H-GAC will pplidable.10der processing charge. Upon delivery ofany
product/service 6y.GONTRACTOR and Aall�:withiri thirty (30) calendar days or ten (10)
a applicable order processing charge, whether or
business days. after r : eceipt 6fpayment� whichever 1,6', il(�bktthii fuIl.a*mouiiiof`f1i" n this contract, including sales to
not CONTRACTOR has pictived an invoice from GAC.: Forialesinadeb
y CONTRACTOR based o
If' 1*6ibli"olrae'r. processing charg
entities without Inttriocal, Contracts, CONT RACTOR "s6 * '', *, 41 es to H-GAC. Further,
'but not limited to, contract termination if
CONTRAC-17OR fails to*prromptly remit H'_G'A&i In no event sball H-GAC have any liability to
mx��
09/27/2017 21:35 4073390019 AEROCLAVE PAGE 04/06
Ernet'¢est� Preparedness &Safety Equiptprent Page 4 of 4
ARTICLE 20. f It7C1CgA' D CIAMACTS .'
Any liquidated damages terms will be determinbd'betvieen CO14.T..kACTQR and FeND USER at the time END USER's purchase order is
pled
ARTICLE 21. PERFORMANCE AND PAY1y1E1VT SOND RIVIDIUALORDERS
H-GAC's contractual requirements AO NOT include a 0fiirmance & Payttlent�ond:(Pl?13), aAd of,ered pricing should reflect this cost
saving, However, CONTRACTOR must be,prepgred •to offer a PPB to. cover any' eciiic order if so requested by END USER.
CONTRACTOR shall quote a price to END- USi R for provOlon of any .requested PPB, and agrees to fumish the PPB within ten
business (16) days of receipt/ of END USER'.s purchase order.
ARTICLE 22: IRA C.�F OF CONTRACTOR U.A,'1'US -
CONTRACTOR shall immediately notify H-Gik'_,;in writing, of ANY.change_in ownership, control, dealership/franchisee status, Motor
Vehicle license stati,s, car name, and shall also ad;�lse whether, or.not_this. Contract shall. be afreeted in any way by such change- H-GAC
shall have the.rigid to`deiarmine whether or not such;change;i� atscelitab16, and to determine what action shall be warranted, up to and
including cancellaticn.of Contract.
ARTICLE � Ll!, ENSING REOUIR>;D B'�'�.�AS MOTOR VEHICLE BOARD UV APPLIC4BLE1
CON F RAt" ; OR will, for the duration of this Contract; `maini$intur ent.licerises.tiiat are required by the Texas Motor Vehicle Commission
Code. If at ar.y ime luring this Contract period, any CON IRA '1 OR'S licen§e Ss riof renewed, ar is denied or revoked, CONTRACTOR
sh911 be deemed to be in default ofthis Contracyutiless the Motor. Vehicle.A3o d issues.a stay or waiver. Contractor shall promptly provide
copies of all c;:rrent, applii<,ybje Texas Motor Yehicle Board..6cumgntation to.E1 CAC_upon,tequest.
IN WITNF-SS AvHF EOF, the parties have, wised this:Confrat'.t to1ie`exeoute0y their duly authotiied representatives.
Signed for Houston ralveston
ArOa (oq ncil, Houston, Texas: .,
.'. .1 oativc Director '
Attest fvr Houstop-Calveston
�rcn Council, Houston, Texas:—
:L uck Wimple, Chief Operations Officer
Signed for AeroClave LLC '
wu;tcr Park, Florida:
Fri,oted Name & Title: r t ► v"rv` v"'""� ` �'"` ' 14T Y✓ta u r ' " I'2�
_)4�.
Attest for A.eroClavc ULC
Winter Park, Florida:
K=NTRACTMEmergency Preparedness & Safety FquiemenMcrvClave. LLCtBPI 1-17.7
09/27/2017 21:35 4073390019 AEROCLAVE
LMCW'Pluv
PAGE 05/06
Attachment •A,
AeroClave LLC
Emergency Preparedness & Safety Equipment
Coz�traet Na.: Fmil-r!
Retail/List Price
Item No.
AeroClave Catalog Product Description.
per Unit
AEROCLAV F PRODUCT CATALOG`, 207 7.
3.50%
RDS3110
AeroClave Room Decontamination System .7Model 3110 :.
3.50%
RDS3I IOT
AeroClave Room Decontamination System'-'Ni de'13'110'- Trident
3.50%
RDS6110
.AeroClave Room Decontamination Sgi64i J=tv( do-L:61 10
3.50%
ADS
AeroClave AmbulaAce Decogtarriinatien*sbsitt
3.50%
MRDS
AeroClave Modular Room Decontamlmd dr'Systelrr .. ` '
3.50%
MItDS-L
AeroClave Modular Room Decont.aMingtip
3.50%
APA25
AeroClave Portable Applicator (APA),.1land. SliFaycr,:25'.Hose • ..
3,50%
ADS-APA
Ambulance Decontamination System - APA Kit (APA Port and APA
3.50%
ADS -COMP
Ambulance Decontamination System'- Aii••Gompressor
3.50%
AeroClave Decontamination Port (ADP.).- 2-Way. 8•. Hose (Required for ADP —EX and
3.50%
ADP -AS
ADP—RM)
ADP -EX
AeroClave Decontamination Fort'(AL?P = iu It=mburtted Acrib>Slsiice Port Kit
ADP -PT
AeroClave DecontaminationPort,(-A r— krnbalance•Port,4'Hose-
3.50%
3.50%
ADP-ItM
AeroClave Decontamination Port (ADp). r FluSh-mounted interior Room Port .Kit
HGACBuv
Attachment A
AeroClave LLC
Emergency Preparedness & Safety Equipment
Contract No.: EP11-17
Item No.
AeroClave Catalog Product Description
Retail/List Price
per Unit
AEROCLAVE PRODUCT CATALOG 2017
3.50%
RDS31 10
AeroClave Room Decontamination System — Model 3110
3.50%
RDS311 OT
AeroClave Room Decontamination System — Model 3110 — Trident
3.50%
RDS61 10
AeroClave Room Decontamination System — Model 6110
3.50%
ADS
AeroClave Ambulance Decontamination System
3.50%
MRDS
AeroClave Modular Room Decontamination System
3.50%
MRDS-L
AeroClave Modular Room Decontamination System — Lite
3.50%
APA25
AeroClave Portable Applicator (APA), Hand Sprayer, 25' Hose
3.50%
ADS-APA
Ambulance Decontamination System — APA Kit (APA Port and APA)
3.50%
ADS -COMP
Ambulance Decontamination System — Air Compressor
3.50%
ADP -AS
AeroClave Decontamination Port (ADP) — 2-Way 8' Hose (Required for ADP —EX and
ADP—RM)
3.50%
ADP -EX
AeroClave Decontamination Port (ADP) — Flush -mounted Ambulance Port Kit
3.50%
ADP -PT
AeroClave Decontamination Port (ADP) — Ambulance Port, 8' Hose
3.50%
ADP-RM
AeroClave Decontamination Port (ADP) — Flush -mounted Interior Room Port Kit
3.50%
Page I of I
Open Session Item
SUBJECT: Intergovernmental Cooperative Purchase of (INTG-20-0039) One (1) New 35 Ton
Articulated Dump Truck (Lease/Purchase & Trade-In) for Washington County Solid Waste
Department
PRESENTATION DATE: September 15, 2020
PRESENTATION BY: Rick Curry, CPPO, Director of Purchasing and Dave Mason, P.E., Deputy
Director, Solid Waste Department
RECOMMENDED MOTION: Move to authorize by Resolution, the approval of the purchase of one
(1) new 35 ton articulated dump truck from Carter Machinery Company, Inc. of Baltimore, MD and to
utilize another jurisdiction’s contract (#032119-CAT) that was awarded by Sourcewell (formerly
National Joint Powers Alliance) to Caterpillar, Inc. and contingent upon approval of the final Lease
Agreement by the County Attorney’s Office.
Equipment Vendor Bid Amount
One (1) New 35 Carter Machinery Annual Lease
Ton Articulated Dump Company, Inc. Payment for 5 Years
Truck Baltimore, MD $170,820.66 / Yr.
REPORT-IN-BRIEF: Section 106.3 of the Public Local Laws of Washington County grants
authorization for the County to procure goods or services under contracts entered into by other
government entities. On items over $50,000, a determination to allow or participate in an
intergovernmental cooperative purchasing arrangement shall be by Resolution and shall indicate that
the participation will provide cost benefits to the county or result in administrative efficiencies and
savings or provide other justification for the arrangement.
The County will benefit with the direct cost savings in the purchase of the equipment because of
economies of scale this contract has leveraged. I am confident that any bid received as a result of an
independent County solicitation would exceed the spend savings that the Sourcewell contract provides
through this agreement. Acquisition of the equipment by utilizing the Sourcewell contract and
eliminating our County’s bid process would result in an administrative and cost savings for the Solid
Waste Department in preparing specifications and the Purchasing Department. This savings/cost
avoidance would, I believe, be significant.
DISCUSSION: N/A
FISCAL IMPACT: Funds in the amount of $350,000 are budgeted in the department’s account 21-
21020
CONCURRENCES: Division Director of Environmental Management
ALTERNATIVES: If the county decides not to purchase the equipment, the department will incur
additional costs for rental of equipment.
ATTACHMENTS: Carter Machinery Company quote dated August 20, 2020
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
CarterMTO
LET'S GET
WORK,
August 20, 2020
WASHINGTON COUNTY DSW
12630 EARTH CARE ROAD
HAGERSTOWN, MD 21740
ATTENTION: DAVE MASON
Mr. Mason,
Quote 150515-01
Carter Machinery would like to offer the same terms and conditions as the Sourcewell Contract #032119-CAT for the purchase of
CATERPILLAR 735 ARTICULATED TRUCK
We believe the equipment as quoted will exceed your expectations. On behalf of Alban CAT, thank you for your interest in our products
for your business needs.
This quotation is valid for 30 days, after which time we reserve the right to re -quote. If there are any questions, please do not hesitate
to contact me.
Regards,
Brent D. Stewart
Government Sales
Carter Machinery Co. Inc.
410-733-2394
bstewart@albancat.com
Pago 1 of 3
MACHINE SPECIFICATIONS
Description
Reference No
735-04A ARTICULATED TRUCK
485-1708
AID, COLD WEATHER STARTING
502-9603
LIGHTS, ROOF MOUNTED WORK
480-2054
NO MACHINE SECURITY SYSTEM
480-1971
WIPER, REAR
480-7003
AM/FM RADIO (BLUETOOTH READY)
480-1980
MIRROR, ELECTRIC HEATED
500-5947
SEAT, DELUXE
485-0331
SEAT BELT, W/ INDICATION
566-5659
STANDARD CAB
497-9404
PRODUCT LINK, CELLULAR PLE641
481-8888
NO PAYLOAD
485-0336
TANK, STANDARD FUEL
503-2045
TIRES, 750/65R25 MX"XAD-65
563-4447
CHASSIS, STANDARD
487-9933
BODY, STANDARD
571-9271
EXHAUST, STANDARD
578-2329
TAILGATE, SCISSOR
573-7898
HEATER, ENGINE COOLANT, 120V
381-0102
AUTOLUBE ARRANGEMENT
567-7485
LUBRICATION, AUTOMATIC
567-7488
CATERPILLAR LIST PRICE $681,837.00
SOURCEWELL DISCOUNT OF 17% OFF OF LIST PRICE-115,913.00
SALE PRICE $565,924.00
ANSUL FIRE SUPPRESSION 16,500.00
5 YEAR / 7500 HOUR TM WARRRANTY 29,710.00
TOTAL SALE PRICE $612,134.00
TOTAL TRADE AMOUNT-135,000.00
AMOUNT TO LEASE
TRADE-INS
$477,134.00
Model
Make
Serial Number
Year
Trade Allowance
621 F
CATERPILLAR INC. (AA)
4SK00432
1996
$30,000.00'
850K
JOHN DEERE (AO)
285263
2015
$44,000.00'
D400
CATERPILLAR (AA)
8PS01035 _
2000
$30,000.00,
330LX
LINKBELT
LBX330Q3N8HE7408
2002
$31,000.00''
Page 2 of 3
PAYMENT TERMS:
Lease Terms
ANNUAL BALANCE TERM
HOURS TO LEASE
2000 $477,634.00 5 (ANNUAL)
ANNUAL RATE OPTIONAL
PAYMENT BUY-OUT
$101,924.00 3.35 $1.00
AMOUNT
$477,634.00
The above lease is based on the following:
• If the machine is not purchased at the end, then it must be returned in average condition with normal wear -and -tear
• The customer is responsible for all maintenance and repairs on the machine using genuine Cat parts only
• Tires must be at 50% remaining, minimum, if the unit is not purchased at the end of the lease
• The above is subject to approval by Caterpillar Finance
Page 3 of 3
Open Session Item
SUBJECT: Draper Conservation Reserve Enhancement Program (CREP) Easement proposal
PRESENTATION DATE: September 15, 2020
PRESENTATION BY: Chris Boggs, Land Preservation Planner, Dept. of Planning & Zoning
RECOMMENDED MOTION: Move to approve the Philip M. Draper CREP easement project, paid for
100% by the State, in the amount of $213,642.19 for 67.62 easement acres, to adopt an ordinance
approving the purchase of the easement, and to authorize the execution of the necessary documentation to
finalize the easement purchase.
REPORT-IN-BRIEF: The Draper property is located at 12817 Keefer Road, Big Pool, and will protect
11.37 acres of woodland and 54.1 acres of hayland. Additionally, there is a 2.51-acre building envelop
around the existing dwelling. This easement will serve to buffer roughly 6,600 feet of Lane’s Run and its
tributaries on the property.
Washington County has been funded to purchase CREP easements on over 1,100 acres of land since
2010. The Draper easement will serve to both protect Maryland waterways, as well as preserve the
agricultural, historic, cultural and natural characteristics of the land.
DISCUSSION: For FY 2021, the State of Maryland is awarding CREP grants to eligible properties on
a project by project basis. Following County approval, the application will be submitted for State funding
approval.
FISCAL IMPACT: CREP funds are 100% State dollars. In addition to the easement funds, the County
receives up to 3% of the easement value for administrative costs, a mandatory 1.5% for compliance costs
and funds to cover all legal costs and surveys.
CONCURRENCES: DNR staff approves and supports our program. A final money allocation will be
approved by the State Board of Public Works.
ALTERNATIVES: If Washington County rejects these State funds for CREP, the funds will be
allocated to other counties in Maryland.
ATTACHMENTS: Aerial Map, Location Map, Detail Map, Ordinance
AUDIO/VISUAL NEEDS: Aerial Map
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Created By: Department of Planning and Zoning GISS:\Policy\CREP\CREP20003\CREP20003.aprx
WARNING!: This map was created for illustration purposes only. It should not be scaled or copied. Sources of the data contained hereon are from various public agencies which may have use restrictions and disclaimers.
NATIONAL
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70
Draper - 67.62 Acres +/-
12817 Keefer Road
Big Pool, MD 21711
Draper Property
Preserved Lands
Agricultural Districts
Rural Villages
¹
Draper - Location
Created By: Department of Planning and Zoning GISS:\Policy\CREP\CREP20003\CREP20003.aprx
WARNING!: This map was created for illustration purposes only. It should not be scaled or copied. Sources of the data contained hereon are from various public agencies which may have use restrictions and disclaimers.
KEEF
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MD iMAP, DoIT
Draper - 67.62 Acres +/-
12817 Keefer Road
Big Pool, MD 21711
Draper Property
Streams
Lakes and Ponds
¹
Draper - Aerial
Open Session Item
SUBJECT: FY21 Opioid Operational Command Center Grant
PRESENTATION DATE: September 15, 2020
PRESENTATION BY: Rebecca Hogamier, Program Director, Washington County Sheriff’s Office,
Day Reporting Center and Allison Hartshorn, Grant Manager, Office of Grant Management
RECOMMENDED MOTION: Move to accept fund in the amount of $30,000 from the State of
Maryland Opioid Operational Command Center.
REPORT-IN-BRIEF: The Washington County Sheriff’s Office submitted a grant application
requesting $30,000 from the Opioid Operational Command Center grant program. The funding will be
utilized by the Washington County Day Reporting Center to support projected increased expenses
associated GPS tracking and substance testing.
DISCUSSION: The Washington County Sheriff’s Office requested funds from the Opioid Operational
Command Center to supplement the cost of the global monitoring position (GPS), portable breathalyzer
monitoring devices, and rapid drug testing devices for the participants attending the Washington
County Day Reporting Center (DRC). The grant funds will allow the DRC to meet the anticipated
increase in demand in FY21 for these services, along with provide enhanced monitoring and testing
procedures. The DRC is requesting $24,000 for GPS leasing, and $6,000 for substance testing services,
for total grant request of $30,000.
The Office of Grant Management has reviewed the grant guidelines and application. There is no match
associated with the grant and the grant will not result in new recurring expenses for the County. The
grant’s performance period is July 1, 2020 through June 30, 2021.
FISCAL IMPACT: The grant will provide $24,000 for GPS services and $6,000 for substance testing.
CONCURRENCES: Susan Buchanan, Director, Office of Grant Management
ALTERNATIVES: Deny acceptance of funds.
ATTACHMENTS: N/A
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Emergency Numbers Systems Board – Approval to Submit Application and Accept
Awarded Funding for Add on Service for Telephone System
PRESENTATION DATE: September 15, 2020
PRESENTATION BY: Brian Albert, Emergency Communications Center Operations,
Division of Emergency Services and Allison Hartshorn, Grant Manager, Office of Grant
Management
RECOMMENDED MOTION: Move to approve the submission of the grant application for
the Emergency Numbers Systems Board in the amount of $258,030.00 and accept funding as
awarded to add on service for the telephone system.
REPORT-IN-BRIEF: The Emergency Number Systems Board was established by the
Maryland General Assembly to coordinate the implementation, enhancement, maintenance and
operation of county or multi-county 911 systems. Washington County Emergency Services is
requesting funding for a new alarm equipment at the 9-1-1 center(s).
DISCUSSION: Washington County Emergency Services is requesting funding for an add on of
service to the newly awarded contract with Carousel Industries for the Hardware Refresh
currently scheduled to be completed by June 2021. This support contract will be from July 1,
2020 until June 30, 2021. Support for the new Hardware refresh will not go in effect until the
new equipment is installed and will be for a term of 5 years. On September 16, 2019 the board
approved the funding request for $2,548,807.50 for the Hardware refresh, the contract was
awarded to Carousel Industries including five years of Support.
The Office of Grant Management has reviewed the funding request and has determined the
request is consistent with the Emergency Number Systems Boards’ purpose. There is no
matching funds requirement associated with this funding request
FISCAL IMPACT: Provides $258,030.00 for Division of Emergency Services related
expenses which may otherwise be charged to the Emergency Services budget.
CONCURRENCES: Susan Buchanan Director, Office of Grant Management
ALTERNATIVES: Deny approval for submission of this request.
ATTACHMENTS: N/A
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Approval of Zoning Map Amendment RZ-20-001
PRESENTATION DATE: September 15, 2020
PRESENTATION BY: Travis Allen, Comprehensive Planner, Department of Planning and
Zoning; Kirk C. Downey, County Attorney
RECOMMENDED MOTION: Move to adopt Opinion approving rezoning and to enact
Ordinance approving Zoning Map Amendment RZ-20-001.
REPORT-IN-BRIEF: The applicant has requested the rezoning of four properties totaling 11.64
acres along Hopewell Road from the current Highway Interchange (HI) to Residential Transition
(RT). A consensus of approval was reached by the Board of County Commissioners on August
11, 2020. This matter is on the agenda for decision by the Board of County Commissioners in the
form of proposed Findings of Fact and Conclusions of Law as prepared by the County Attorney's
Office for review, approval, and adoption by the Commissioners.
DISCUSSION: The Planning Commission recommended in favor of the proposed map
amendment on June 1, 2020. The public hearing for the proposed rezoning request was held on
August 11, 2020. One (1) public comment was received, of which was in favor of the proposal.
FISCAL IMPACT: N/A
CONCURRENCES: Washington County Planning Commission
ALTERNATIVES: N/A
ATTACHMENTS: Ordinance with attached Decision and Findings of Fact
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
ORDINANCE NO. ORD -2020 -
A N O RDINANCE TO A MEND THE Z ONING M AP
FOR W ASHINGTON C OUNTY , M ARYLAND
(RZ-20-001)
Pursuant to the provisions of Section 18.5 of the Zoning Ordinance for
Washington County, Maryland (Zoning Ordinance), Jone L. Bowman
Residuary Trust and Linda Lou Ebersole Family Irrevocable Trust, the
Applicants, have petitioned the Board of County Commissioners for
Washington County, Maryland (Board), seeking to designate 11.64 acres
(four lots) of its parcel located on the south side of Hopewell Road, 1/3 mile
south of the I-70 underpass, as Residential, Transition.
The matter has been designated as Case No. RZ-20-001.
This application was reviewed by the Planning Commission, and the
Planning Commission recommended that the application be approved.
This Board has considered all information presented at the public
hearing conducted on August 11, 2020, and the recommendation of the
Planning Commission. This Board has made factual findings and
conclusions of law that are set forth in the attached Decision. The findings
of fact and conclusions of law are incorporated herein.
NOW, THEREFORE, BE IT ENACTED AND ORDAINED, by the Board of
County Commissioners of Washington County, Maryland, that the
property which is the subject of Case No. RZ-20-001 be, and hereby is,
designated as Residential, Transition (RT).
IT IS FURTHER ENACTED AND ORDAINED that the official Zoning Map
for Washington County be, and hereby is, amended accordingly. The
Director of Planning and Zoning shall cause the Zoning Map to be amended
pursuant to this Ordinance.
Adopted and effective this _____ day of ___________, 2020.
A TTEST : B OARD OF C OUNTY C OMMIS SIONERS
OF W ASHINGTON C OUNTY , M ARYLAND
____________________________ BY: ________________________________
Krista L. Hart, Clerk Jeffrey A. Cline, President
Approved as to form and
legal sufficiency:
____________________________
B. Andrew Bright
Assistant County Attorney
Mail to:
Office of the County Attorney
100 W. Washington Street, Suite 1101
Hagerstown, MD 21740
- 1 -
B EFORE THE
B OARD OF C OUNTY C OMMISSIONERS
OF W ASHINGTON C OUNTY , M ARYLAND
D ECISION
Rezoning Case RZ-20-001
Property Owner: Donald M. Bowman, Trustee
Applicants: Jone L. Bowman Residuary Trust, Linda Lou
Ebersole Family Irrevocable Trust
Requested Zoning Change: Highway Interchange (HI) to Residential,
Transition (RT)
Property: South side of Hopewell Road, 1/3 mile south of the
I-70 underpass
Pursuant to Md. Code Ann., Land Use Article § 4-204 and Washington County
Zoning Ordinance § 27.3, the Board of County Commissioners of Washington
County, acting upon the Applicants’ Request, makes findings of fact with respect
to the following matters: population change, availability of public facilities,
present and future transportation patterns, and compatibility with existing and
proposed development for the area. We also consider the recommendation of the
Planning Commission which were made in this case, and the relationship of the
proposed reclassification to the Comprehensive Plan. After considering the
recommendation of the Planning Commission and hearing evidence presented by
the Applicant at a Public Hearing on August 11, 2020, with no evidence or
witnesses presented in opposition, the Board will grant the requested zoning map
amendment and makes the following Decision, which largely adopts and
approves the findings of the Planning Commission and the Staff Report and
Analysis.
I. Background and Findings Analysis:
- 2 -
1. Site Description
The site is located at 11107, 11111,
11115 and 11119 Hopewell Road,
approximately 1/3 mile south of
Interstate 70. The total acreage of the
four lots subject to this rezoning case is
11.64 acres. All properties are located
within the Urban Growth Area (UGA)
that surrounds the City of Hagerstown
and the Towns of Williamsport and Funkstown.
Currently, three of the four lots are undeveloped land which is being used for
agricultural purposes. A 1.44-acre forest easement encompasses the rear portion
of these three lots, numbers 2-4. Lot 1 has an existing home built upon it.
There are no floodplain areas within the proposed rezoning site itself, but a
perennial stream, Semple Run, runs through the adjacent residential properties
located immediately across Hopewell Road before turning south and crossing the
road just west of 11107 Hopewell Road.
2. Population Analysis
To evaluate the change in population, information was compiled from the US
Census Bureau over a thirty-year time frame. A thirty-year horizon was chosen to
show long term population trends both in the election district of the proposed
rezoning, as well as the overall trends of the County.
The two parcels subject to this rezoning are located within the Halfway
Election District (#26). As shown in the table below, the population in this district
has grown more slowly than the County has over the thirty-year time frame
between 1980 and 2010. District 26 has grown 13.54% over the thirty-year period
(.45%) per year while the County as a whole has increased in population by 30.36%
- 3 -
(1.01% per year) during the same period. Both the Halfway Election District and
the County experienced their greatest population increase during the thirty-year
period surveyed between 2000 and 2010.
Table 1: Halfway Election District Population Trends
Year Area Population
% change from
previous decade
District 9,489
County 113,086
District 9,418 -0.7%
County 121,393 7.3%
District 9,854 4.6%
County 131,932 8.7%
District 10,774 9.3%
County 147,430 11.7%2010
Population Trends 1980 - 2010
1980
1990
2000
Source: US Census Bureau
3. Availability of Public Facilities
A. Water and Sewerage
The adopted Water and Sewerage Plan for the County establishes the
policies and recommendations for public water and sewer infrastructure to help
guide development in a manner that helps promote healthy and adequate service
to citizens. By its own decree, the purpose of the Washington County Water and
Sewerage Plan is “…to provide for the continued health and well-being of
Washington Countians and our downstream neighbors…”1 This is achieved
through implementing recommendations within the County Comprehensive Plan
1 Washington County, Maryland Water and Sewerage Plan 2009 Update, Page I-2
- 4 -
and the Water and Sewerage Plan to provide for services in a timely and efficient
manner and by establishing an inventory of existing and programmed services.
Water:
W-5-Long Term Planned Service (City of Hagerstown)
Public water is not currently available at the site. The site is
permitted to access water by well. The site is given the W-5 designation in
the County’s 2009 Water and Sewerage Plan, denoting long term planned
service. Neighboring parcels in the vicinity of the site generally also do not
have present access to public water. The City of Hagerstown Water
Division offered no comment on the proposed development when sent the
application for review.
Wastewater:
S-3-Programmed Service (County)
The subject parcels are programmed for public sewer service in the Water
and Sewer Plan but are currently slated to utilize onsite septic systems. Future
wastewater service would be provided by the County at the Conococheague
Wastewater Treatment Plant. Most neighboring parcels in the immediate vicinity
also utilize onsite septic systems.
Neither the Washington County Health Department nor the Department of
Water Quality offered comment about the application when provided a copy for
review.
B. Emergency Services
Fire and Emergency Services:
Volunteer Fire Company of Halfway (1114 Lincoln Avenue) – 1.5 miles away
- 5 -
The proposed rezoning site is located within the service area of the
Volunteer Fire Company of Halfway. This same entity also provides the nearest
emergency rescue services. Their station is located approximately 1.5 mile away
from the subject properties.
A copy of the application was sent to the Washington County Division of
Emergency Services. No comments were received.
C. Schools
Elementary - Williamsport, Middle – Springfield, High School - Williamsport
The subject site is within the districts of Williamsport Elementary, Springfield
Middle and Williamsport High schools. The requested zoning classification,
Residential Transition (RT), would have the potential to generate students which
are tracked under the County’s Adequate Public Facilities Ordinance (APFO) to
determine school capacity.
The APFO went into effect in 2004. The four-lot subdivision at the proposed
rezoning site occurred in 2000. Therefore, while the proposed zoning classification
would be expected to generate students that would impact the schools noted
above, the pupil generation is considered as being part of the background
enrollment for these schools. In essence, the impact of the subdivision should
already be accounted for in present school capacity projections. Accordingly,
these lots would not be subject to the school capacity mitigation requirements
of the APFO under present circumstances. If the lots were subdivided again in
the future, they would become subject to APFO requirements, provided they had
a residential zoning classification at the time.
4. Present and Future Transportation Patterns
A. Highways – Access and Traffic Volume
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The proposed rezoning site is located on Hopewell Road. The Functional
Road Classification for Hopewell Road is as a minor collector in the Transportation
Element of the 2002 Comprehensive Plan. This classification accounts for mobility
and access characteristics of the roadway in its categorization. Minor Collector
roads are designed to carry between 1,000 – 3,000 Average Daily Traffic in rural
areas, and 2,000 to 10,000 vehicles daily in urban areas. The County’s road
classification system is based upon the Federal Highway Functional Classification
System but modified to reflect local road conditions.
All lots within the subdivision are plated to be served by individual
driveways accessing Hopewell Road.
Approximately ½ mile south of the site, Hopewell Road intersects with
Wright Road. Within the County’s current 10-year Capital Improvement Plan
(2020-2029), funds have been earmarked for the relocation of Wright Road.
Approximately 2,000 linear feet of Wright Road will be rerouted to the north of its
current alignment, onto adjacent parcel 57, through what is currently agricultural
land. The project, which is contingent upon developer contributions and grant
funding, would result in the creation of a 3-lane closed section road (one lane in
each direction with a continuous left turn lane). Wright Road frequently
experiences flooding issues as much of the road is located within the floodplain.
In addition to evaluating public access of a parcel for rezoning purposes, it
is also important to evaluate traffic generation and existing traffic volumes. This
is commonly accomplished through analysis of historic and existing traffic counts
as well as any existing traffic impact studies. As the proposed rezoning site is
located on a County road, the only available data on traffic in the vicinity comes
from nearby intersections with other County roads.
The County’s Division of Engineering & Construction Management
collected single day traffic counts at a number of locations in the vicinity of the site
in 2016. These locations include the intersections of Hopewell Road and Hunters
Green Parkway (north of the site), Hopewell Road near Shawnee Terrace (south),
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plus Wright Road and Elliott Parkway. Since these were first time collections at
these locations, trends cannot be discerned. These counts do, however, give us an
idea of traffic volume occurring in the “neighborhood.” The highest traffic volume
was recorded at Hopewell Road near its intersection with Hunters Green Parkway
at 2046 vehicles. This intersection is within the Hopewell Valley Industrial Park.
The lowest count was at Wright Road near Elliott Parkway where 1073 vehicles
were counted.
Table 2: 2016 County Traffic Volumes
Hopewell Road
at Hunters Green
Parkway
2046
near Shawnee
Terrace
1453
near Elliott
Parkway
1073
Source: Washington County Division of Engineering and Construction
Management Traffic Inventory Map
Washington County Engineering Plan Review had no comment after receiving
a copy of the rezoning application.
B. Public Transportation
This area is not directly served by public transportation. Routes 441 of the
Washington County Commuter travels along Virginia Avenue in the vicinity
south of the site from Hagerstown to Williamsport.
The Hopewell Express, an employment shuttle provided by the Washington
County Community Action Council, serves the Hopewell Valley Industrial Park
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from downtown Hagerstown. It does not travel along Hopewell Road as far south
as the rezoning site, however.
5. Compatibility with Existing and Proposed Development in the Area:
A. Zoning
The subject parcels are currently zoned Highway Interchange (HI) and are
requesting to change to Residential Transition (RT). The purpose of the RT zoning
district is:
“…to provide appropriate locations for single-family and two-family residential
development in Urban and Town Growth Areas. The Residential, Transition District is
usually located on the outer fringes of the Growth Areas, rather than the inner core, and is
intended to be the least dense residential district in the Growth Areas at a density of
between 2 and 4 dwelling units per acres …”2.
Aside from single-family, two-family and semi-detached residences, other
select principal permitted uses allowed in a RT zoning district include agriculture,
churches, schools, mixed use developments and childcare facilities. Land uses
such as bed and breakfasts, banquet and reception facilities and home-based
businesses are allowed by special exception.
2 Washington County Zoning Ordinance, Section 7A
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Map 1: Surrounding Zoning Classifications
There is a mix of zoning classes in the immediate vicinity of the four lots
subject to this rezoning which are highlighted in green above on Map 1. Highway
Interchange (HI) surrounds the properties to the south, northeast and southwest
near the intersection of I-70 and I-81. Above I-70 along Hunters Green Parkway is
also HI, part of the Hopewell Valley Industrial Park. The land along Elliott
Parkway, which backs up to a railroad line, is zoned Industrial General.
To the north, across Hopewell Road, and to the south, below I-81, is
Residential Multifamily (RM) and Residential Transition (RT). Residential Urban
(RU) is found in the northwest corner of the I-70/I-81 intersection.
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B. Land Use
In the immediate “neighborhood” which is formed naturally around
Hopewell Road as it passes under I-70, is bounded by the railroad line to the north
and I-81 to the south, the land use is entirely residential or agricultural. Both
single-family residential and multifamily apartments (Hopewell Manor and
Hopewell Station) are found in the vicinity. Lakeside trailer park is found nearby
on the north side of I-70, where it intersects with I-81.
This “neighborhood” is mostly self-contained by the barriers presented by
these major transportation routes. Therefore, the heavily industrial lands along
Elliott Parkway and in Hopewell Valley Industrial Park have limited influence on
the immediate environs of these four lots.
C. Historic Sites
Another important component of compatibility is the location of historic
structures on and around the parcels being proposed for rezoning. According to
the Washington County Historic Sites Survey there are 3 existing historic sites
located within an approximately ½ mile radius of the proposed rezoning areas.
One of the three sites, known as Sprechers Mill, is located on Lot 1 of the area
subject to this rezoning. Below is a listing existing historic resources within a ½
mile radius of the subject parcels.
• WA-I-357: “Sprechers Mill House,” early-19th century, 2-story brick
dwelling associated with Sprechers Mill (gristmill) formerly located nearby
on Semple Run. Listed on National Historic Register.
• WA-I-356: “Hopewell Hereford Farm,” early-19th, vernacular, farm complex
encompassing 2-story stone house and two bank barns, associated with
Sprechers Mill.
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• WA-I-364: “Salisbury Mill Site and House (Sprechers Mill)” early-18th
century, 1.5-story stone farmhouse associated with Sprechers Mill formerly
located on same property.
6. Relationship of the Proposed Change to the Adopted Plan for the County:
The purpose of a Comprehensive Plan is to evaluate the needs of the
community and balance the different types of growth to create a harmony between
different land uses. In general, this is accomplished through evaluation of existing
conditions, projections of future conditions, and creation of a generalized land use
plan that promotes compatibility while maintaining the health, safety, and welfare
of the general public.
Each of the properties is located in the sub-policy area Low Density Residential.
The Comprehensive Plan offers the following definition for this policy area:
“This policy area designation would be primarily associated with single-
family and to a lesser degree two-family or duplex development. It is the
largest policy area proposed for the Urban Growth Area and becomes the
main transitional classification from the urban to rural areas.”3
7. “Change or Mistake” Rule
When rezonings are not part of a comprehensive rezoning by the governing
body, individual map amendments (also known as “piecemeal rezonings”) are
under an obligation to meet the test of the “Change or Mistake” Rule. The
“Change or Mistake” Rule requires proof by the applicant that there has been
either: a substantial change in the character in of the neighborhood since the last
comprehensive zoning plan (2012), or a mistake in designating the existing zoning
classification.
3 2002 Washington County, Maryland Comprehensive Plan, Page 243
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As part of the evaluation to determine whether the applicant has proven
whether there has been either a change or mistake in the zoning of a parcel, the
Maryland Annotated Code Land Use Article and the Washington County Zoning
Ordinance state that the local legislative body is required to make findings of fact
on at least six different criteria in order to ensure that a consistent evaluation of
each case is provided. Those criteria include:
1) population change; 2) the availability of public facilities; 3) present and future
transportation patterns; 4) compatibility with existing and proposed development for the
area; 5) the recommendation of the planning commission; and 6) the relationship of the
proposed amendment to the local jurisdiction’s Comprehensive Plan.
Even when change or mistake has been sufficiently sustained, it merely
allows the local governing body the authority to change the zoning; it does not
require the change. When conditions are right for a change, the new zone must be
shown to be appropriate and logical for the location and consistent with the
County’s Comprehensive Plan.
II. Staff Analysis:
The analysis of a rezoning request begins with a strong presumption that
the current zoning is correct. It is assumed that the governing body performed
sufficient analysis, exercised care, and gave adequate consideration to all known
concerns when zoning was applied to a parcel of land. However, there are
instances by which a case can be established to show that the governing body
either erred in establishment of the proper zoning of a property or that enough
change has occurred within the neighborhood surrounding the property since the
governing body’s last assessment to require a new evaluation of the established
zoning designation.
The applicant in this case has indicated in their justification statement that
they believe that a mistake was made by the local legislative body to rezone the
property in 2012. As noted in the prior section describing the “Change or Mistake”
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Rule, the Washington County’s Zoning Ordinance requires data to be presented
to the local legislative body on factors such as population change, present and
future traffic patterns, the availability of public facilities, the relationship of the
proposed change to the Comprehensive Plan and its compatibility with existing
and proposed development in order to determine how the area subject to rezoning
has evolved since the comprehensive rezoning.
1. Evidence for Mistake in the Current Zoning
In order to demonstrate that a mistake was made by the regulatory body in
applying the existing zoning classification to the parcel, the applicant must
establish that an error occurred as a result of factors such as:
1. A failure to take into account projects or trends probable of fruition;
2. Decisions based on erroneous information;
3. Facts that later prove to be incorrect;
4. Events that have occurred since the current zoning; or
5. Ignoring facts in evidence at the time of zoning application.
The last Comprehensive Rezoning in Washington County was completed in
2012, affecting the Urban Growth Area that surrounds the City of Hagerstown and
the towns of Williamsport and Funkstown. The Rezoning affected approximately
17,000 parcels and 38,000 acres of land.4 Information such as population
projections, growth trends, transportation and infrastructure data, and the
recommendations of the Comprehensive Plan were considered as a part of this
effort. The input of property owners, local officials, County staff and the general
public was also solicited and considered in the assignment of each parcel affected
by the Comprehensive Rezoning. Landowners were also given the opportunity to
appeal the rezoning of their property at that time if they felt aggrieved by the
Board’s decision.
4 Washington County Ordinance No. ORD-2012-08
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The applicant contends that the Board of County Commissioner’s erred in their
decision during the 2012 UGA Comprehensive Rezoning to rezone the lots in
question to HI. The applicant claims that factors such as following were not fully
considered by the Board in their 2012 decision:
• The existing fact that substantial road improvements would be
necessary to make the property suitable for commercial development;
• The existing fact that public water is generally unavailable to the
property;
• The assumption that the property would likely be developed in
conjunction with neighboring Parcel 695.
i. Property Background Information
Before analyzing the applicant’s assertion that the local legislative body
erred in their decision to rezone the property in 2012 from HI-2 to HI, it is
important to understand some background context on the property’s
developmental history.
First, the original intent of the owner for the property was to develop them
as residential lots. This is evident by virtue of the recordation of Washington
County Plats 6462-6463 in the year 2000, which created the four-lot subdivision
(Applicant’s Exhibit 1). Lot 1, as noted earlier, already had a house on it at that
time which dated to the early 1800s and was built in the vicinity of a nearby grist
mill which operated during the same time period. The plat, which depicts
proposed locations of dwellings and septic areas, therefore represented a
continuation of the rural residential land use long present in the area of the site.
Second, the zoning of the property prior to 2012 was HI-2. The now
repealed HI-2 zoning district was a predominantly high-density residential zoning
district that also allowed some light industrial uses. The rezoning of the property
from HI-2 to HI, which does not allow residential development, thereby
- 15 -
constituted an intensification of the permitted land uses on the property from its
historical pattern of development.
Finally, a significant factor in the Board’s decision to rezone the property to
HI in 2012 was a formal request from the property owner (Applicant’s Exhibit #
4). The applicant’s request was based upon the following reasoning or
assumptions:
1. The proximity of the property to I-81;
2. The HI zoning would match adjacent parcel 245 (located immediately north
of the site);
3. The parcel would be developed in tandem with parcel 695 (also owned by
Mr. Bowman, located immediately south of the site)
This request contradicted the County’s original proposed zoning for the site in
2012, which was RT (Applicant’s Exhibit # 3, line 22). RT is what the applicant is
currently requesting for the property.
ii. Substantial Road Improvements
The applicant’s first assertion in their contention that a mistake was made to
rezone the property to HI in 2012 is that substantial road improvements would be
necessary to make the property suitable for commercial development. Consistent
with the conditions described in the applicant’s Justification Statement, the
suitability of the existing road network in the area to provide for the size or
volume of vehicles consistent with an HI zoning designation is highly
questionable.
As noted by the applicant, while there is proximate access to I-81 Exit 3
(Virginia Avenue near Williamsport) less than 2 miles from the subject site,
Hopewell Road itself is entirely unsuitable for commercial vehicle traffic in its
present condition. Hopewell Road beyond the I-70 underpass can be generally
characterized as a typical narrow County road with limited or no shoulders in
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certain segments. Further, at the intersection of Hopewell and Wright Road, it is
necessary to cross a narrow one-lane bridge over Semple Run in order to proceed
to I-81 Exit 3.
The applicant goes on to present cost estimates, environmental concerns and
other considerations that would essentially make the necessary road
improvements to Hopewell Road to serve a commercial/industrial use infeasible
(Applicant’s Exhibits # 5 - # 9). Commercial vehicle access to I-81 Exit 5 (Halfway
Blvd), of similar distance to the rezoning site as Exit 3, would also likely necessitate
significant road improvements such as shoulder widening and potentially an
upgrade to the railroad crossing just beyond the I-70 underpass where Hopewell
Road intersects the CSX rail line.
Further, as noted earlier in this staff report, the existing path of Wright Road
frequently experiences closures due to flooding as much of the road is located
within the floodplain. For this reason, the County has budgeted for the relocation
of the road within its current 10-Year CIP. Therefore, the present condition of
Wright Road, which would provide an alternate route to I-70 Exit 24 (MD-63) for
truck traffic from a prospective commercial/industrial business at the subject site,
is also inadequate for the task.
Thus, staff agrees with the applicant that substantial road improvements
would have to be made to the current condition of multiple roads in the vicinity
in order to adequately and safely serve a commercial or industrial business at the
site of this rezoning. The existing conditions of Hopewell Road as well other
alternative routes that would potentially serve the heavy vehicle traffic generated
by an HI use would certainly have been evident to the Board at the time of its
decision in 2012.
iii. Public Water Availability
The applicant’s second major argument in support of a mistake in the current
zoning is the lack of public water available to the site. Adequate water and sewer
- 17 -
infrastructure are imperative to serve the needs of commercial or industrial land
uses. The ability these types of businesses to operate on a well and septic system
is typically impractical, as it carries risks to public health and limits the potential
for future expansion of operations at the same site. Therefore, public water and
sewer access is optimal to serve commercial and industrial land uses in most cases.
The current W-5 (Long Term Planned Service) and S-3 (Programmed) service
designations in the County’s 2009 Water and Sewer Plan for the site were noted
earlier in this report. These designations indicate that while connection to public
sewer service is generally available to the site, public water (via the City of
Hagerstown) is not readily available to the site.
It’s additionally pointed out by the applicant that these lots lie outside the
City’s Medium-Range Growth Area (MRGA). Properties within the MRGA are
prioritized by the City for connection to public water or sewer service when it
becomes available while those outside the MRGA are not eligible for
connection unless a special exception applies. It is not clear that the site in
question would qualify for a special exception under the City’s water and sewer
connection policies, particularly if it was not developed in tandem with adjacent
properties that might then cause such a project to be viewed as a significant boost
to economic development for the City and County.
Therefore, when one combines both the difficulty of providing adequate road
access with the current hurdles to connecting with public water to the site, it is
evident that significant infrastructural hurdles exist to develop these properties
into a large scale commercial or industrial use as might be expected with an HI
zoning designation. The City’s exceptions to its water and sewer policies for
extending service outside the MRGA, as well as the boundaries of the MRGA, and
the current service designations were all in evidence in 2012 at the time of the
Comprehensive Rezoning.
iv. Future Development Assumptions
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At the time of the Comprehensive Rezoning of the UGA, it was the assumption
of the landowner that that this property would be developed in tandem with
parcel 695, also owned by Mr. Bowman, located to the south. This assumption
was set forth in the applicant’s request letter mentioned previously. Ultimately,
the barriers already discussed to the development of a commercial or industrial
use at the site (roads, public water) have proven to be a significant hinderance to
developing either of the two parcels in question owned by Mr. Bowman. As a
result, the assumption utilized by both the applicant and the Board during the 2012
Comprehensive Rezoning proved to be incorrect with the passage of time.
III. Recommendation:
The applicant has claimed that a mistake was made to rezone the property
from HI-2 to HI in 2012. The burden of the applicant in a “Mistake” case is to
provide evidence that the Board:
1. Failed to take into account projects or trends probable of fruition,
2. Made decisions based on erroneous information,
3. Used facts that later prove to be incorrect,
4. Couldn’t have foreseen Events that have occurred since the current zoning
5. Ignored facts in evidence at the time of zoning application.
Regarding the charge of mistake, while not the sole basis for the County’s
decision to apply the HI zoning classification to the property in 2012, the property
owner’s request for this classification surely played a large role in the County’s
decision. The passage of time has revealed that the rationale utilized to justify the
rezoning at the time, such as the proximity of the site to I-81 and the potential for
it to build out as a commercial or industrial use in tandem with neighboring
parcels, was incorrect. It is also likely that further consideration about the present
adequacy of public infrastructure (roads, water and sewer) to support
development of this intensity in this location may not have been given full
consideration in the decision to apply the HI zoning.
- 19 -
Consequently, staff concludes that convincing proof has been offered by the
applicant demonstrating that a mistake was made to rezone the property from HI-
2 to HI in 2012. The applicant’s request for the RT zoning classification is entirely
logical for the present subdivision of the property and its past development
history. The development of a residential use on these properties would fit the
existing character of the neighborhood and place significantly less burden on
existing public infrastructure in the vicinity. It would also allow the County to
proceed with capital road projects, such as the relocation of Wright Road out of its
current location in the floodplain, in the timeline currently laid out in the CIP
without additional pressure to move up the timeline for capital improvements.
Conclusion
Based on the information provided by the applicant in the initial application,
further analysis by Staff, and evidence presented at the public hearing, the Board
of County Commissioners believes that there has been adequate evidence
submitted to meet the various criteria that would support the application of
Residential, Transition (RT) to the subject area.
A TTEST : B OARD O F C OUNTY C OMMISSIONERS
O F W ASHINGTON C OUNTY ,
M ARYLAND
___________________________ BY: ________________________________
Krista L. Hart, Clerk Jeffrey A. Cline, President
- 20 -
Approved as to form and legal sufficiency:
______________________________
B. Andrew Bright
Assistant County Attorney
Open Session Item
SUBJECT: Employee Vacation Leave Carry-over
PRESENTATION DATE: September 15, 2020
PRESENTATION BY: Deborah Condo, Deputy Director of Human Resources
RECOMMENDED MOTION: Discussion for consideration of a carry-over of an additional
Vacation Leave hours
REPORT-IN-BRIEF: Due to COVID-19 and its effect on travel this year as well as some
employees not being able to take time off work due to the nature of their work, employees are
requesting that the County consider allowing additional vacation leave hours to carry-over into
2021.
DISCUSSION: Employees have expressed a concern that they will not be able to use their
accrued Vacation Leave this calendar year due to the pandemic. Employees have reached out
directly and indirectly through their managers and Union Representative to Human Resources to
find out if the County will be allowing a carry-over of additional Vacation Leave hours.
Increasing the carry-over cap will likely decrease absences prior to December 31, 2020.
FISCAL IMPACT: We project about 230 employees will have carry over hours that exceed
the current 250 vacation leave carry-over hours at the end of the year. The fiscal impact will vary
since some departments may incur overtime costs related to an employee’s absence while others
will not. However, costs may increase later when time is actually taken or paid out when an
employee departs employment from the County.
CONCURRENCES: NA
ALTERNATIVES: Keep Vacation Leave carry-over to 250 hours
ATTACHMENTS: NA
AUDIO/VISUAL NEEDS: NA
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Citizen Participation During BOCC Open Meetings
PRESENTATION DATE: September 15, 2020
PRESENTATION BY: Tom Brown, Emergency Manager
RECOMMENDED MOTION: Approval of the attached rules and procedures regarding
citizen participation during BOCC open session meetings.
REPORT-IN-BRIEF: In March 2020, public meetings were cancelled as gatherings of people
could cause a health risk to citizens and County staff due to the COVID-19 pandemic. When
Commissioner meetings resumed, they remained closed to public attendance. Citizen comments
were received, and continue to be received, via email, mail, or telephone calls to the County
Clerk. During the September 1, 2020 BOCC open session meeting staff was directed to create
rules and procedures to safely allow public comment during open session.
DISCUSSION: The attached rules and procedures allow for up to three (3) citizens to appear
before the BOCC during open session meetings to provide comment. Citizens are selected on a
first come first serve basis providing that they have not made comment within the last four (4)
open session meetings. Citizens will be required to submit to a screening process prior to
entering the meeting room and will be required to wear a mask at all times while inside the
Administrative Building. BOCC meetings will continue to remain closed for public attendance.
FISCAL IMPACT: None
CONCURRENCES: Interim County Administrator
ALTERNATIVES: Continue public comment as it is currently being conducted by
encouraging citizens to make contact by either telephone, e-mail, or letter.
ATTACHMENTS: Proposed Citizens Participation Rules/Procedures
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
C ITIZENS ’ P ARTICIPATION
Rules & Procedures
1. Meetings of the Board of County Commissioners are not open for public attendance
due to the catastrophic health emergency caused by the novel coronavirus.
2. Citizens are encouraged to make the Board of County Commissioners aware of their
opinions on issues related to County governance.
3. Citizens may provide input in writing by mail or email, and by voice by telephoning
the County Clerk.
4. In addition, at regular meetings of the Board of County Commissioners, up to three
(3) citizens may provide in-person public comment as set forth herein.
5. Citizens wishing to provide in-person public comment will need to make a
reservation with the County Clerk no later than the close of business on the day
preceding the regular meeting at which they wish to speak.
6. Reservations will be accepted on a first-come basis.
7. A waiting list for in-person comment at future meetings will not be maintained.
8. To ensure varied participation, persons who have participated in Citizens’
Participation at any regular meeting within the preceding four (4) weeks are ineligible
to give in-person public comment.
9. Speakers are not permitted in the County Administration Building more than ten (10)
minutes prior to their reserved time for Citizens’ Participation.
10. Speakers may not be accompanied by any other person.
11. Speakers are required to be screened prior to entry into the Commissioners’ meeting
room. Screening shall include a temperature check and answering of the three
following questions:
o Have you traveled outside the State of Maryland to a known COVID-19
hotspot in the last 30 days?
o Have you been in contact with someone who has been confirmed as having
COVID-19?
o Have you experienced any COVID-19 systems in the last 30 days, i.e.
coughing, sudden loss of smell or taste, congestion, trouble breathing, fever,
etc?
• If the citizen answers no to all three questions, they will be asked to have a seat
in the lobby and wait for their turn to make remarks.
• If the citizen answers yes to any of the three questions, they will not be
permitted to enter the Commissioners’ meeting room.
12. While waiting to appear, speakers will practice social distancing from others while in
the lobby area.
13. Speakers will not be granted access to any other parts of the County Administration
Building.
14. Speakers are encouraged to use hand sanitizer located at the security desk prior to
entry to the Commissioners’ meeting room.
15. Speakers must make their remarks from the presentation desk. Speakers may not
approach Commissioners or staff.
16. Speakers are required to wear a mask at all times while in the County Administration
Building. Speakers without masks, or those removing their mask, will be asked to
leave the premises.
17. Speakers giving public comment shall confine their comments so that they do not
exceed three (3) minutes.
18. Remarks must be related to matters of concern to County government.
19. Remarks should be directed to the Board and not to individual members of the Board
or County staff.
20. Statements related to personal or personnel issues of individual Commissioners or
staff are prohibited.
21. Once remarks have been given, the speaker must exit the building.
22. Audiences are not permitted in the Commissioners’ meeting room.
Contact Information:
Krista L. Hart, County Clerk
100 W. Washington Street, Suite 1101
Hagerstown, Maryland 21740
khart@washco-md.net
240-313-2204
These procedures are an effort to lessen the likelihood of COVID-19 infections within the
County Administration Building; however, there is no guarantee that infections will not
occur.