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Home My WebLink About240507a John F. Barr, President Jeffrey A. Cline, Vice President BOARD OF COUNTY COMMISSIONERS May 7, 2024 OPEN SESSION AGENDA 8:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE CALL TO ORDER, President John F. Barr APPROVAL OF MINUTES: April 23, 2024 8:05 AM FIRST CLOSED SESSION - (To consult with counsel to obtain legal advice on a legal matter and To consult with staff, consultants, or other individuals about pending or potential litigation) 9:00 AM RECONVENE IN OPEN SESSION 9:00 AM COMMISSIONERS’ REPORTS AND COMMENTS 9:15 AM STAFF COMMENTS 9:20 AM CITIZEN PARTICIPATION 9:30 AM PUBLIC HEARING – MODIFICATION OF CHARGES, RENTALS, AND FEES AT THE HAGERSTOWN REGIONAL AIRPORT FOR FY2025 Neil Doran, Director, Hagerstown Regional Airport, Kelcee Mace, Chief Financial Officer PUBLIC HEARING – MODIFICATION OF WATER AND SEWER RATES FY2025 Mark Bradshaw, Director, Environmental Management; Kelcee Mace, Chief Financial Officer 9:50 AM PUBLIC HEARING – APPLICATION FOR ZONING TEXT AMENDMENT RZ-24- 001 Jill Baker, Director, Planning and Zoning 10:10 AM PUBLIC HEARING – FY25 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION Rachel Souders, Director, Grant Management; Nicole Phillips, Senior Grant Manager, Grant Management; Keith Fanjoy, CEO, San Mar Family and Community Services; Jerica Washington, Deputy Director, San Mar Family and Community Services Wayne K. Keefer Randall E. Wagner Page 2 of 3 OPEN Session Agenda May 7, 2024 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. 10:20 AM NATIONAL DRUG COURT MONTH (MAY 2024) Board of County Commissioners to Jennifer Bricker, Drug Court Coordinator, Circuit Court for Washington County; Gray Barton, Director, Office of Problem-Solving Courts; The Honorable Brett R. Wilson, Administrative Judge, Circuit Court for Washington County; Kristin Grossnickle, Court Administrator, Circuit Court for Washington County 10:30 AM COUNTY COMMISSIONERS OF WASHINGTON COUNTY PUBLIC IMPROVEMENT AND REFUNDING BONDS OF 2024 AUTHORIZING RESOLUTION Lindsay Rader, Bond Counsel for Washington County; Kelcee Mace, Chief Financial Officer 10:40 AM PRESERVATION MONTH (MAY 2024) Meghan Jenkins, GIS Coordinator, Planning and Zoning; Washington County Board of County Commissioners 10:50 AM SUNNY LAND CORPORATION RURAL LEGACY PROGRAM (RLP) EASEMENT Chris Boggs, Rural Preservation Administrator, Planning and Zoning 11:00 AM IZER RURAL LEGACY PROGRAM (RLP) EASEMENT Chris Boggs, Rural Preservation Administrator, Planning and Zoning 11:05 AM BID AWARD RENEWAL (PUR-1567) – ELECTRONIC RECYCLING Brandi Naugle, Buyer, Purchasing; Dave Mason, Deputy Director, Solid Waste 11:10 AM PURCHASE OF ONE (1) 2024 FORD TRANSIT VAN FOR THE INFORMATION SYSTEMS DEPARTMENT Rick Curry, Director, Purchasing; David Elliott, Director, Information Systems 11:10 AM HAGERSTOWN REGIONAL AIRPORT TAXIWAY C OBJECT FREE AREA DESIGN AND CONSTRUCTION AND RUNWAY 02-20 DESIGN PROJECTS – APPROVAL TO SUBMIT RELATED APPLICATIONS Neil Doran, Director, Hagerstown Regional Airport 11:15 AM APPROVAL TO APPLY/ACCEPT GRANT FUNDING AND ISSUE PURCHASE ORDERS – AIRPORT RVZ/ROFA PROJECT Neil Doran, Director, Hagerstown Regional Airport Page 3 of 3 OPEN Session Agenda May 7, 2024 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. 11:20 AM SECOND 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; To consult with counsel to obtain legal advice on a legal matter; and To conduct collective bargaining negotiations or consider matters that related to the negotiations) 12:20 PM RECONVENE IN OPEN SESSION 12:20 PM SECOND STAFF COMMENTS ADJOURNMENT THE BOARD OF COUNTY COMMISSIONERS WILL BE ATTENDING A DEDICATION CEREMONY FOR THE CLARA BARTON STATUE, PARK CIRCLE AREA, HAGERSTOWN MARYLAND AT 1:30 P.M. Open Session Item SUBJECT: PUBLIC HEARING – Modification of Charges, Rentals, and Fees at the Hagerstown Regional Airport for FY2025 PRESENTATION DATE: May 7, 2024 PRESENTATION BY: Neil Doran, Airport Director; Kelcee Mace, Chief Financial Officer RECOMMENDED MOTION: [Note: The Commissioners may move to adopt the proposed fee schedule for FY2025, as presented or as modified, at any point after the closure of the public hearing.] REPORT-IN-BRIEF: The Board of County Commissioners will conduct a public hearing to permit any member of the public to appear and testify concerning the proposed increase in current charges, rentals, and fees at the Hagerstown Regional Airport. The new schedule of rates and charges, if adopted, will become effective July 1, 2024. DISCUSSION: An approximately 4% increase in T-Hangar rental charges is necessary to maintain compliance with fair market value grant assurance required by the FAA as well as aging facilities and operations. Increases in parking and landing fees are necessary to maintain a fee and rental structure for the facilities and services at Hagerstown Regional Airport which will make the airport as self-sustaining as possible, taking into account such factors as the volume of traffic and economy of collection. FISCAL IMPACT: Based on the proposed rate schedule, approximately $21,110 in revenue will be generated from T-Hangar rental charges; $25,025 in revenue from badge and accessory charges; and $12,970 for other miscellaneous fees related to operations. CONCURRENCES: N/A ALTERNATIVES: N/A ATTACHMENTS: Proposed schedule of rates and charges for FY2025. AUDIO/VISUAL NEEDS: N/A Board of County Commissioners of Washington County, Maryland Agenda Report Form To be effective 4% $291.00 /month $303.00 /month $276.00 /month $287.00 /month $192.00 /month $200.00 /month $174.00 /month $181.00 /month $164.00 /month $171.00 /month 4% T-Hangar Building 4-B $1,094.00 /month $1,138.00 /month T-Hangar Buildings 8 & 9 $365.00 /month $380.00 /month T-Hangar Building 7 $348.00 /month $362.00 /month T-Hangar 2-A $547.00 /month $569.00 /month T-Hangar 4-D $597.00 /month $621.00 /month T-Hangar 4-G $644.00 /month $670.00 /month T-Hangar 7-I $471.00 /month $490.00 /month Hangar 13A, B & C $597.00 /month $621.00 /month 4% $137.00 /month $142.00 /month $181.00 /month $188.00 /month $531.00 /month $552.00 /month $558.00 /month $580.00 /month $190.00 /month $198.00 /month $33.00 /month $34.00 /month $192.00 /month $200.00 /month $201.00 /month $209.00 /month $148.00 /month $154.00 /month 4% $733.00 /month $762.00 /month $615.00 /month $640.00 /month $683.00 /month $710.00 /month $205.00 /month $213.00 /month $2,977.00 /combined monthly $3,096.00 /combined monthly Large Multi-Engine Hangars Hangar Offices T-Hangar Buildings 1-8 T-Hangar Buildings 9,10, 11 & 12 Small Single Engine Hangars T-Hangar Buildings 8, 10, 11 & 12 T-Hangar Buildings 6 & 7 Old T-Hangars, paved floor Old T-Hangars, stone floor T-Hangar 2-J PROPOSED RATES & CHARGES FOR FY 2025 HAGERSTOWN REGIONAL AIRPORT - Richard A. Henson Field July 1, 2024 HANGARS CURRENT PROPOSED T-Hangar Office 12-N Combination Office and Hangar Hangar 4-A and Hangar 4-H Office 7-A and Hangar 7-B Office 8-8 and Hangar 8-7 T-Hangar Office 1-A T-Hangar Office 7-H T-Hangar Office 4-C Utilities for T-Hangar Office 4-C T-Hangar Office 10-A T-Hangar Office 11-A Corporate Hangar & Office Multi-Unit Complex: Commercial Office 8-L Non-Commercial Hangar Tenant Applies to Based Aircraft with signed tie-down or ramp parking lease Grass (adjacent to Taxiway Papa) Class MGTOW in lbs 1 6,500 - 10,999 2 11,000 - 15,999 3 16,000 - 33,999 4 34,000 - 65,000 5 66,000 - 99,999 6 100,000 - up MGTOW = refers to an aircraft's Maximum Gross Take Off Weight 2024 $69.00 2025 MONTHLY MONTHLY AIRCRAFT TIE-DOWN / RAMP PARKING FEES T-HANGAR COMMON DUMPSTER COST RECOVERY FEE MONTHLY 2024 2025 $0.00 $2.50 per month Commercial Hangar Tenant $0.00 $5.00 per month ^Note: Landing fees do not apply to locally-based, state, federal or military aircraft and those under 6,499 lbs MGTOW. $100.00 No change $150.00 No change $200.00 No change $15.00 No change $30.00 No change $50.00 No change Small Jet - Class 1/2 Negotiated by Airport Director Single Engine Piston 2025 No change No change No change No change No change No change No change No change Large Aircraft - Class 6 $450.00 LANDING FEES 2024 Mid-Sized Jet - Class 3/4 $300.00 No change Note: Applicable to short-term, transient visitor parking on airport-owned aprons not leased to other entities such as portions of East Apron, Terminal Apron and Firehouse Apron. Does not apply to airport tenants, customers and users of separately leased areas such as Rider Jet Center FBO, Plane Care, SNC, etc. Rates and charges of the Rider Jet Center FBO are not included in this fee schedule. TRANSIENT RAMP FEES / OVERNIGHT AIRCRAFT PARKING FEES 2024 Single Engine Piston $15.00 $99.00 Twin Engine Piston $145.00 Medium Jet - Class 3/4 Negotiated by Airport Director Large Aircraft - Class 5/6 Negotiated by Airport Director Turboprop Negotiated by Airport Director Large Jet - Class 5 $400.00 Large Helicopter (> 20,000 lbs MGTOW)$100.00 Small Jet - Class 1/2 $200.00 Turboprop $100.00 Small Helicopter (< 20,000 lbs MGTOW)$24.00 Twin Engine Piston $20.00 No change 2025 No change No change No change No change No change No change AOA Badge Note: T-Hangar tenants are issued two cards at lease signing as part of their lease agreement. Additional cards shall be charged at the AOA Badge fee rate. Ballistic Deluxe Card Holder 1st Offense in a Year 2nd Offense in a Year 3rd Offense in a Year Any badge not returned within 30 days $0.00 2024 $200.00 *Badge fees waived for: HGR staff, TSA and Law Enforcement Personnel. Badge Holders and Lanyards* MONTHLY MISCELLANEOUS FEES Security Fees* MONTHLY 2024 2025 $0.00 $30.00 SIDA Badge $0.00 $100.00 $0.00 *Badge fees waived for: HGR staff, TSA and Law Enforcement Personnel. Lost/Replacement Badge Fees MONTHLY $0.00 $500.00 $0.00 Badge Permanently Revoked $50.00 2025 $40.00 Stolen Badge*$0.00 2024 $0.00 4th Offense in a Year $0.00 $15.00 $10.00 $10.00 $0.00 Arm Band Holder $0.00 Basic Lanyard $0.00 Driver's Permit 2025 Replacement Lock Fee: Re-key or Additional Key Fee (master lock key): Non-Returned Badge Fee* MONTHLY 2024 2025 $0.00 $250.00 *Badge to be returned within 30 calendar days after they are required due to termination of employment etc, loss of lease, etc. Airport Maintenance Fees MONTHLY 2024 2025 $0.00 $35.00 per key $0.00 $300.00 per key *Requires a police report to be filed. ** All other days and hours are subject to after-hours rate. There will be a minimum of two hours billed for any call during these times. *During regular business hours, Monday - Friday 6:30am - 3:30 pm. Excluding County holidays. Re-key or Additional Key Fee (standard key): Airport Personnel Airfield/Non-Airfield Escort Fees:$0.00 $75.00 per hour* $75.00 per hour** $50.00 per person per hour $100.00 per lock$0.00 Airport Personnel Fee:$0.00 After-Hours/Emergency Call-Out Fee:$0.00 ^Applicable unless separate agreements exist governing rates paid to the airport for ARFF-Standby services. ^^Applicable unless separate agreements exist governing a price paid to the airport for use of parking spaces, such as by Rental Car Concessionaires. Minimum Advanced Notice Required to Arrange Services is 24 Hours After Hours Aircraft Rescue & Firefighting ARFF Standby Fees (includes all equipment, materials and staffing)^: MONTHLY Option B - Two Firefighters/1-2 Trucks $0.00 $510 per 3-hour block 2024 2025 Option A - One Firefighter/One Truck 0 - 60 minutes - Free Daily Max Fee - $5.00 $2,400.00 $25.00 - Simple Agreement $75.00 - Complex Agreement Color - $.56 per page Black & White - $.39 per page Negotiated based on use/space. $255 per 3-hour block Option C - Three Firefighters/1-2 Trucks $0.00 $765 per 3-hour block *How Rates are calculated: $85 per firefighter per hour with a three hour minimum. **A cancellation fee of $85 per firefighter per hour applies if stand-by services are cancelled less than two hours before start time. $0.00 Airport Operations Fees MONTHLY 2024 2025 Terminal Rental Fee:$0.00 Negotiated based on use/space. Filming Agreement Fees:$0.00 Negotiated based on use/space. N/AAnnual Terminal FIDs Digital Advertising Package Terminal (Ground) Vehicle - Secured Parking Lot Use Fee^^:$0.00 Special Event Fee*:$0.00 Lease/License Document Print/Copy Fee**:$0.00 Hangar Lease/Business Agreement Preparation Fee:$0.00 and time. on preparing or researching for FOIA requests. Also used in the event of citizens requesting copies from staff to cover the cost of supplies **First 25 pages are FREE. Used where documents may need to be copied or researched from files, or where staff time needs to be spent property via a written agreement for use of Airport Property by non-aeronautical users. cost or time requirements from staff for set-up or escorting of personnel and/or equipment, or where there is a need to protect County *Used in the need for temporary event space where staff time and oversight may be required or where there is the potential for increased Open Session Item SUBJECT: PUBLIC HEARING – Modification of Water and Sewer Rates FY2025 PRESENTATION DATE: May 7, 2024 PRESENTATION BY: Mark Bradshaw, Director of Environmental Management; Kelcee Mace, Chief Financial Officer RECOMMENDED MOTION: [Note: The Commissioners may move to adopt the proposed fee schedule for FY2025, as presented or as modified, at any point after the closure of the public hearing.] REPORT-IN-BRIEF: The Board of County Commissioners will conduct a public hearing to permit any member of the public to appear and testify concerning the proposed modification of water and sewer rates. DISCUSSION: Water and Sewer revenue requirements show that an increase in water and sewer rates is necessary to facilitate the Department of Water Quality's long-range financial plans. The presented rate schedule provides rates for the next three years. Having set rates for multiple years will provide clear directions for the budget in those years as well as letting rate payers know what to expect. FISCAL IMPACT: Rate changes project a revenue impact of $562,000 for Sewer and $48,000 for Water for FY 2025. CONCURRENCES: N/A ALTERNATIVES: N/A ATTACHMENTS: Summary of Proposed Schedule of Utility Rates for FY2025-FY2027; Rate Comparison AUDIO/VISUAL NEEDS: N/A Board of County Commissioners of Washington County, Maryland Agenda Report Form Washington County, Maryland Department of Water Quality Proposed Rates for FY25, FY26, FY27 Sewer Rates Current FY24 FY25 Proposed FY26 Proposed FY27 Proposed Retail Classes Quarterly Quarterly Quarterly Quarterly Increase Rates Rates Rates Rates % $ Base for 6,000 gal Res Full Service 132.92 140.90 145.90 151.07 4.6%6.05 Comm I Full Service 137.98 146.26 152.25 158.49 5.0%6.84 Comm II Full Service 140.76 149.21 155.33 161.70 5.0%6.98 Comm III Full Service 140.76 149.21 155.33 161.70 5.0%6.98 Volunteer Service 132.92 140.90 146.90 152.72 5.0%6.60 Res/Comm Coll Ser 62.13 64.50 67.24 70.64 4.6%2.84 Volume per 1,000 gal Res Full Service 8.14 8.63 8.93 9.24 4.5%0.37 Comm I Full Service 8.69 9.60 9.94 10.29 6.1%0.53 Comm II Full Service 9.88 10.18 10.70 11.25 4.6%0.46 Comm III Full Service 6.79 10.18 10.70 11.25 21.9%1.49 Volunteer Service 8.14 8.63 8.98 9.34 4.9%0.40 Res/Comm Coll Ser n/a n/a n/a n/a n/a n/a Non-metered Accounts 181.71 192.68 199.48 206.51 4.5%8.27 Current FY24 FY25 Proposed FY26 Proposed FY27 Proposed Wholesale Class Per 1,000 Gal Per 1,000 Gal Per 1,000 Gal Per 1,000 Gal Increase Rates Rates Rates Rates % $ All Wholesale Customers 8.02 8.22 8.51 8.81 3.3%0.26 Miscellaneous Deduct Meter Fee - $25.00 per quarter Charge for 12,000 gal Per Quarter - Average Residential Customer Increase % $ Base Charge (6,000 gal)132.92 140.90 145.90 151.07 4.6%6.05 Vol Charge (6,000 gal)48.79 51.78 53.58 55.44 4.5%2.22 Total bill 181.71 192.68 199.48 206.51 4.5%8.27 Average Yearly Average Yearly Average Yearly FY24 Current FY25 Proposed FY26 Proposed FY27 Proposed Washington County, Maryland Department of Water Quality Proposed Rates for FY25, FY26, FY27 Water Rates Current FY24 FY25 Proposed FY26 Proposed FY27 Proposed Retail Classes Quarterly Quarterly Quarterly Quarterly Increase Rates Rates Rates Rates % $ Base for 6,000 gal Res Full Service 108.35 115.30 121.12 127.23 5.8%6.29 Comm I Full Service 108.43 117.90 124.50 132.00 7.2%7.86 Comm II Full Service 154.65 158.65 166.66 175.07 4.4%6.81 Volunteer Service 108.35 115.30 121.76 129.10 6.4%6.92 Volume per 1,000 gal Res Full Service 13.61 14.22 14.93 15.68 5.1%0.69 Comm I Full Service 12.47 12.47 13.17 13.92 3.9%0.48 Comm II Full Service 11.24 11.24 11.80 12.39 3.4%0.38 Volunteer Service 13.61 14.22 15.03 15.79 5.3%0.73 Non-metered Accounts 190.01 200.62 210.70 221.31 5.5%10.43 Charge for 12,000 gal Per Quarter - Average Residential Customer Increase % $ Base Charge (6,000 gal)108.35 115.30 121.12 127.23 5.8%6.29 Vol Charge (6,000 gal)81.66 85.32 89.58 94.08 5.1%4.14 Total bill 190.01 200.62 210.70 221.31 5.5%10.43 Average Yearly FY24 Current Average Yearly FY25 Proposed FY26 Proposed FY27 Proposed ENVIRONMENTAL MANAGEMENT WATER QUALITY | SOLID WASTE | ENGINEERING SERVICES SCHEDULE OF RATES FOR FY2025 EFFECTIVE JULY 1, 2024 FULL-SERVICE SEWER & WATER RATES Base for 6,000 gal Per Account Quarterly Sewer Rates Quarterly Water Rates Residential Full Service $140.90 $115.30 Commercial I Full Service $146.26 $117.90 Commercial II Full Service $149.21 $158.65 Commercial III Full Service $149.21 N/A Volunteer Service $140.90 $115.30 Volume per 1,000 gal Quarterly Sewer Rates Quarterly Water Rates Residential Full Service $8.63 $14.22 Commercial I Full Service $9.60 $12.47 Commercial II Full Service $10.18 $11.24 Commercial III Full Service $10.18 N/A Volunteer Service $8.63 $14.22 CITY / COUNTY JOINT SERVICE SEWER AREA Residential/Commercial Collection Service All additional charges are from the City of Hagerstown MISC. FEES Non-Metered Sewer Charge $192.68 - per quarter Non-Metered Water Charge $200.62 - per quarter Sewer Wholesale (Per 1,000 gallons) $8.22 Deduct Meter Fee $25 - per quarter BAY RESTORATION FUND FEE Residential $15 - per quarter Commercial The Fee will be calculated based on water usage or wastewater generated, converted into EDU's and billed at the rate of $5 per month per EDU DELINQUENT ACCOUNT SEWER & WATER BILLING FEES Maintenance fee for delinquent account Assessed when the account is not paid within the 10-day period following (non-business hours) $75 ENVIRONMENTAL MANAGEMENT WATER QUALITY | SOLID WASTE | ENGINEERING SERVICES SCHEDULE OF RATES FOR FY2025 EFFECTIVE JULY 1, 2024 ALLOCATION FEES Joint Sewer Service Connection Fee Sewer service connection fee for areas jointly served by the City of Hagerstown and the Wash. Co. Dept. of Water Quality. For Example, Maugansville, Fountainhead & Pangborn. Allocation Fee for Sewer Service Connection $7,200 Allocation Fee for Water Service Connection $2,700 Meter Fee for Water This fee is in addition to the Allocation Fee for Water Service and is the direct cost of the water meter. Price is subject to change depending on the direct cost of the meter. Infrastructure Management Program Fee This fee is in addition to the Allocation Fee for Sewer Service and is to help fund the cost of the emergency alarm communications system infrastructure. Infrastructure Development Fee $1,000 per Sewer EDU This fee is in addition to the Allocation Fee for Sewer Service. Cedar Springs Infrastructure Development Fee $1,000 per acre or per Sewer EDU, whichever is greater This fee is in addition to the Allocation Fee for Sewer Service and is only for sewer connections that flows to the Cedar Springs Pump Station. ADMINISTRATIVE FEES Design Review Fees - Drawings One/two lot simplified subdivision plat $25 Multiple lot subdivision development plan or preliminary $25 (per drawing) Multiple lot subdivision combined Preliminary/Final $100 (per drawing) Design Review Fees - Specification Water Design Review Fees - Specification Sewer Permits $25 ENVIRONMENTAL MANAGEMENT WATER QUALITY | SOLID WASTE | ENGINEERING SERVICES SCHEDULE OF RATES FOR FY2025 EFFECTIVE JULY 1, 2024 LABORATORY ANALYSIS SAMPLE COLLECTION $25 - Per Sample (Specialty samples require additional charges) ORGANIC ANALYSIS *FORMALDEHYDE $225 *PAINT FILTER TEST $13 TOTAL ORGANIC CARBON $30 *SEMI-VOLATILES (EPA 625 & EPA 525) $170 *TCLP, HERBICIDES $100 *ACID/BASE NEUTRALS (EPA 8260) $225 *TCLP, PESTICIDES $100 *PESTICIDES & PCB's (EPA 608) $80 *TCLP, SEMIVOLATILES $250 *HERBICIDES $125 *TCLP, VOC'S $120 *BTEX $50 *VOLATILE ORGANICS (EPA 524 or EPA 624) $100 *MTBE $50 TTO's VOC, Semi Volatiles, Dioxin, Pest. and Herb. $645 *TPH $50 TRIHALOMETHANES $55 HALOACETIC ACIDS (HAA5) $90 PESTICIDE / PCBs 508 $250 BTEX OR MTBE Method 602 $50 *DIOXIN $300 *GROSS BETA + GROSS ALPHA $80 HERBICIDES $125 *IGNITABILITY TEST ON SOLID $20 *CHLOROFORM $80 INORGANIC ANALYSIS ACIDITY $15 NITRATE+NITRITE $16 ACID/ALKALINITY $25 *ODOR $15 ALKALINITY $17 OIL & GREASE $38 AMMONIA NITROGEN $16 ORTHO PHOSPHORUS $19 BIOCHEMICAL OXYGEN DEMAND (BOD) $25 PH (CORROSIVITY) $6 CALCIUM $14 SETTLEABLE SOLID $10 CHEMICAL OXYGEN DEMAND (COD) $35 SULFATE $24 CHLORINE (FREE OR TOTAL) $8 SULFIDE $24 CHLORIDE $22 SULFITE $24 *COLOR $15 *SURFACTANTS $50 S. CONDUCTANCE $11 TOTAL DISSOLVED SOLIDS (TDS) $20 T. CO2 $15 TOTAL KJELDAHL NITROGEN $22 T. CO2 & BI-CARBONATE (BY NOMOGRAPH) $18 TOTAL PHOSPHORUS $22 *CYANIDE $35 TOTAL SOLIDS $15 DISSOLVED OXYGEN $8 TOTAL SUSPENDED SOLIDS (TSS) $12 FLUORIDE $19 TOTAL TOXICITY (MICROTOX) $50 HARDNESS $13 TURBIDITY $8 *HEXAVALENT-CHROMIUM $25 VOLATILES SOLIDS (INCLUDING TS) $20 *PHENOL $25 POT ASH (POTASSIUM & CALCULATION) $30 *FLASHPOINT $25 TOTAL N (TKN+NO3+NO2) $38 ORTHO-PHOSPHOROUS $19 PERCENT SOLIDS $16 NITRATE $16 *Subcontracted test - price may change, as contracted ENVIRONMENTAL MANAGEMENT WATER QUALITY | SOLID WASTE | ENGINEERING SERVICES SCHEDULE OF RATES FOR FY2025 EFFECTIVE JULY 1, 2024 LABORATORY ANALYSIS FEES METAL ANALYSIS BY FLAME AA (Parts Per Million) & GRAPHITE FURNACE AA (Parts Per Billion) ALUMINUM $12 NICKEL (FLAA/GFAA) $12/$24 *ANTIMONY $12/$24 POTASSIUM (FLAA) $12/$24 ARSENIC (GFAA) $12/$24 SELENIUM (GFAA) $12/$24 BARIUM (FLAA/GFAA) $12/$24 SILICON (FLAA/GFAA) $12/$24 CADMIUM (FLAA/GFAA) $12/$24 SILVER (FLAA/GFAA) $12/$24 CHROMIUM (FLAA/GFAA) $12/$24 *TCLP, METALS $50 COPPER (FLAA/GFAA) $12 *TIN $12 IRON (FLAA) $12 *TITANIUM $12 LEAD (FLAA/GFAA) $12/$24 *VANADIUM $12 MAGNESIUM (FLAA) $12/$24 ZINC (FLAA/GFAA) $12 MANGANESE (FLAA/GFAA) $12/$24 SAMPLE PREP. DISSOLVED METALS $10 MERCURY (COLD VAPOR) $24 SAMPLE PREP. FOR METAL DIGESTION $25 MOLYBDENUM $12 *Subcontracted test - price may change, as contracted MICROBIOLOGY CRYPTOSPORIDIUM / GIARDIA $850 SAMPLE DILUTION $10 E. COLI/FECAL COLIFORM (MPN, EC, MUG) $35 TOTAL COLIFORM/E. COLI COLILERT COUNT $35 HETEROTROPHIC PLATE COUNT $35 TOTAL COLIFORM/E. COLI - PRESENT/ABSENT $35 RUSH SAMPLE FEE FOR POSITIVE TEST $20 TOTAL COLIFORM (MPN) $35 WASTEWATER INDUSTRIAL PRETREATMENT PROGRAM PERMIT FEES Permit Application Fees Significant Industrial User Flows greater than 25,000 gal/day or deemed significant by MDE Non-Significant Industrial User Flows less than 25,000 gal/day Permit Maintenance Fees Fees are based upon industrial process wastewater flow and are collected on an annual basis Less than 1,000 gal/day $250 1,000 to 9,999 gal/day $500 10,000 to 25,000 gal/day $1,000 Greater than 25,000 gal/day $2,000 WASTEWATER SLUDGE PROCESSING FEES (Sludge Dewatering) Sludge less than 4% solids $0.06 per gal with a minimum charge for 1,000 gal Sludge between 4% to 7% solids $0.06 per gal with a min charge for 1,000 gallons, plus landfill tipping fee Sludge greater than 7% Unable to process ENVIRONMENTAL MANAGEMENT WATER QUALITY | SOLID WASTE | ENGINEERING SERVICES SCHEDULE OF RATES FOR FY2025 EFFECTIVE JULY 1, 2024 DEFINITIONS Allocation Fee for Sewer / Water Service Connection - the drinking water system and/or to discharge a prescribed amount of flow to the sewer system. This fee helps offset the capital costs of new treatment facilities, water distribution lines, water tanks, sewer capacity expansion improvements, etc. The Allocation Fee for Sewer / Water Service Base for 6000 gal Per Account The fee includes the cost of infrastructure to provide water and/or sewer services and the operating costs associated with providing that service. These are fixed costs to serve each customer no matter how much wastewater is produced or water drinking water is consumed. Customers are also charged a volume fee for every 1000 gallons over the 6000-gallon base. Bay Restoration Fund / BRA Fee experienced a decline in water quality due to over enrichment of nutrients (mainly phosphorus and nitrogen). Effluent from wastewater treatment plants is one of the top three major contributors of nutrients entering the Bay (urban and agricultural runoffs are the other two). The purpose of the bill is to create a dedicated fund, financed by wastewater treatment plant users, to upgrade Maryland’s wastewater treatment plants with enhanced nutrient removal (ENR) technology so they are capable of achieving wastewater effluent quality of 3 mg/l total nitrogen and 0.3 mg/l total phosphorus. The signing of this bill initiated Maryland’s efforts to further reduce nitrogen and phosphorus loading in the Bay by over 7.5 million pounds of nitrogen per year and over 260 thousand pounds of phosphorus per year, which represent over one-third of Maryland’s commitment under the Chesapeake Bay 2000 Agreement. Cedar Springs Infrastructure Development Fee City / County Joint Service Sewer Area Example, Maugansville, Fountainhead & Pangborn. Washington County is responsible for the sewer pipes / pumping stations and Hagerstown is responsible for the sewer treatment. The sewer flow goes to Hagerstown's treatment plant. Commercial I - Commercial II Deduct Meter Fee - machines at a convenience stores. The meter is read quarterly and deducted from the sewer bill. EDU Dwelling Unit is assumed to be equal to 200 gallons each per day of water use and sanitary sewage production. Infrastructure Management Program Fee owned sewer systems (Emergency Alarms & Communications). Joint Sewer Service Connection Fee Water Quality. For Example, Maugansville, Fountainhead & Pangborn. This fee helps offset the capital costs of upgrading the sewer system and for Laboratory Analysis Fees testing to businesses, municipalities and area residents. Non-Metered Sewer Charge usage. For example, a customer that has a private well and Washington County sewer service. Residential/Commercial Collection Service - routine/emergency maintenance of sewer infrastructure in the City/County Joint Service Area. All other charges are billed by the City of Residential Full-Service Sewer Residential Full-Service Water Sewer Wholesale - Volume per 1000 gal above the base of 6000 gallons. The volume charge covers the cost of sewer and/or drinking water treatment and supports the construction, Volunteer Service - Wastewater Industrial Pretreatment Program Fees - Wastewater Sludge Processing Fees plants. Sludge is a byproduct of the wastewater treatment process and to be safety disposed of the sludge is dewatered in a mechanical/chemical ENVIRONMENTAL MANAGEMENT WATER QUALITY | SOLID WASTE | ENGINEERING SERVICES SCHEDULE OF RATES FOR FY2026 EFFECTIVE JULY 1, 2025 FULL-SERVICE SEWER & WATER RATES Base for 6,000 gal Per Account Quarterly Sewer Rates Quarterly Water Rates Residential Full Service $145.90 $121.12 Commercial I Full Service $152.25 $124.50 Commercial II Full Service $155.33 $166.66 Commercial III Full Service $155.33 N/A Volunteer Service $146.90 $121.76 Volume per 1,000 gal Quarterly Sewer Rates Quarterly Water Rates Residential Full Service $8.93 $14.93 Commercial I Full Service $9.94 $13.17 Commercial II Full Service $10.70 $11.80 Commercial III Full Service $10.70 N/A Volunteer Service $8.98 $15.03 CITY / COUNTY JOINT SERVICE SEWER AREA Residential/Commercial Collection Service All additional charges are from the City of Hagerstown MISC. FEES Non-Metered Sewer Charge $199.48 - per quarter Non-Metered Water Charge $210.70 - per quarter Sewer Wholesale (Per 1,000 gallons) $8.51 Deduct Meter Fee $25 - per quarter BAY RESTORATION FUND FEE Residential $15 - per quarter Commercial The Fee will be calculated based on water usage or wastewater generated, converted into EDU's and billed at the rate of $5 per month per EDU DELINQUENT ACCOUNT SEWER & WATER BILLING FEES Maintenance fee for delinquent account Assessed when the account is not paid within the 10-day period following (non-business hours) $75 ENVIRONMENTAL MANAGEMENT WATER QUALITY | SOLID WASTE | ENGINEERING SERVICES SCHEDULE OF RATES FOR FY2026 EFFECTIVE JULY 1, 2025 ALLOCATION FEES Joint Sewer Service Connection Fee Sewer service connection fee for areas jointly served by the City of Hagerstown and the Wash. Co. Dept. of Water Quality. For Example, Maugansville, Fountainhead & Pangborn. Allocation Fee for Sewer Service Connection $7,200 Allocation Fee for Water Service Connection $2,700 Meter Fee for Water This fee is in addition to the Allocation Fee for Water Service and is the direct cost of the water meter. Price is subject to change depending on the direct cost of the meter. Infrastructure Management Program Fee This fee is in addition to the Allocation Fee for Sewer Service and is to help fund the cost of the emergency alarm communications system infrastructure. Infrastructure Development Fee $1,000 per Sewer EDU This fee is in addition to the Allocation Fee for Sewer Service. Cedar Springs Infrastructure Development Fee $1,000 per acre or per Sewer EDU, whichever is greater This fee is in addition to the Allocation Fee for Sewer Service and is only for sewer connections that flows to the Cedar Springs Pump Station. ADMINISTRATIVE FEES Design Review Fees - Drawings One/two lot simplified subdivision plat $25 Multiple lot subdivision development plan or preliminary $25 (per drawing) Multiple lot subdivision combined Preliminary/Final $100 (per drawing) Design Review Fees - Specification Water Design Review Fees - Specification Sewer Permits $25 ENVIRONMENTAL MANAGEMENT WATER QUALITY | SOLID WASTE | ENGINEERING SERVICES SCHEDULE OF RATES FOR FY2026 EFFECTIVE JULY 1, 2025 LABORATORY ANALYSIS SAMPLE COLLECTION $25 - Per Sample (Specialty samples require additional charges) ORGANIC ANALYSIS *FORMALDEHYDE $225 *PAINT FILTER TEST $13 TOTAL ORGANIC CARBON $30 *SEMI-VOLATILES (EPA 625 & EPA 525) $170 *TCLP, HERBICIDES $100 *ACID/BASE NEUTRALS (EPA 8260) $225 *TCLP, PESTICIDES $100 *PESTICIDES & PCB's (EPA 608) $80 *TCLP, SEMIVOLATILES $250 *HERBICIDES $125 *TCLP, VOC'S $120 *BTEX $50 *VOLATILE ORGANICS (EPA 524 or EPA 624) $100 *MTBE $50 TTO's VOC, Semi Volatiles, Dioxin, Pest. and Herb. $645 *TPH $50 TRIHALOMETHANES $55 HALOACETIC ACIDS (HAA5) $90 PESTICIDE / PCBs 508 $250 BTEX OR MTBE Method 602 $50 *DIOXIN $300 *GROSS BETA + GROSS ALPHA $80 HERBICIDES $125 *IGNITABILITY TEST ON SOLID $20 *CHLOROFORM $80 INORGANIC ANALYSIS ACIDITY $15 NITRATE+NITRITE $16 ACID/ALKALINITY $25 *ODOR $15 ALKALINITY $17 OIL & GREASE $38 AMMONIA NITROGEN $16 ORTHO PHOSPHORUS $19 BIOCHEMICAL OXYGEN DEMAND (BOD) $25 PH (CORROSIVITY) $6 CALCIUM $14 SETTLEABLE SOLID $10 CHEMICAL OXYGEN DEMAND (COD) $35 SULFATE $24 CHLORINE (FREE OR TOTAL) $8 SULFIDE $24 CHLORIDE $22 SULFITE $24 *COLOR $15 *SURFACTANTS $50 S. CONDUCTANCE $11 TOTAL DISSOLVED SOLIDS (TDS) $20 T. CO2 $15 TOTAL KJELDAHL NITROGEN $22 T. CO2 & BI-CARBONATE (BY NOMOGRAPH) $18 TOTAL PHOSPHORUS $22 *CYANIDE $35 TOTAL SOLIDS $15 DISSOLVED OXYGEN $8 TOTAL SUSPENDED SOLIDS (TSS) $12 FLUORIDE $19 TOTAL TOXICITY (MICROTOX) $50 HARDNESS $13 TURBIDITY $8 *HEXAVALENT-CHROMIUM $25 VOLATILES SOLIDS (INCLUDING TS) $20 *PHENOL $25 POT ASH (POTASSIUM & CALCULATION) $30 *FLASHPOINT $25 TOTAL N (TKN+NO3+NO2) $38 ORTHO-PHOSPHOROUS $19 PERCENT SOLIDS $16 NITRATE $16 *Subcontracted test - price may change, as contracted ENVIRONMENTAL MANAGEMENT WATER QUALITY | SOLID WASTE | ENGINEERING SERVICES SCHEDULE OF RATES FOR FY2026 EFFECTIVE JULY 1, 2025 LABORATORY ANALYSIS FEES METAL ANALYSIS BY FLAME AA (Parts Per Million) & GRAPHITE FURNACE AA (Parts Per Billion) ALUMINUM $12 NICKEL (FLAA/GFAA) $12/$24 *ANTIMONY $12/$24 POTASSIUM (FLAA) $12/$24 ARSENIC (GFAA) $12/$24 SELENIUM (GFAA) $12/$24 BARIUM (FLAA/GFAA) $12/$24 SILICON (FLAA/GFAA) $12/$24 CADMIUM (FLAA/GFAA) $12/$24 SILVER (FLAA/GFAA) $12/$24 CHROMIUM (FLAA/GFAA) $12/$24 *TCLP, METALS $50 COPPER (FLAA/GFAA) $12 *TIN $12 IRON (FLAA) $12 *TITANIUM $12 LEAD (FLAA/GFAA) $12/$24 *VANADIUM $12 MAGNESIUM (FLAA) $12/$24 ZINC (FLAA/GFAA) $12 MANGANESE (FLAA/GFAA) $12/$24 SAMPLE PREP. DISSOLVED METALS $10 MERCURY (COLD VAPOR) $24 SAMPLE PREP. FOR METAL DIGESTION $25 MOLYBDENUM $12 *Subcontracted test - price may change, as contracted MICROBIOLOGY CRYPTOSPORIDIUM / GIARDIA $850 SAMPLE DILUTION $10 E. COLI/FECAL COLIFORM (MPN, EC, MUG) $35 TOTAL COLIFORM/E. COLI COLILERT COUNT $35 HETEROTROPHIC PLATE COUNT $35 TOTAL COLIFORM/E. COLI - PRESENT/ABSENT $35 RUSH SAMPLE FEE FOR POSITIVE TEST $20 TOTAL COLIFORM (MPN) $35 WASTEWATER INDUSTRIAL PRETREATMENT PROGRAM PERMIT FEES Permit Application Fees Significant Industrial User Flows greater than 25,000 gal/day or deemed significant by MDE Non-Significant Industrial User Flows less than 25,000 gal/day Permit Maintenance Fees Fees are based upon industrial process wastewater flow and are collected on an annual basis Less than 1,000 gal/day $250 1,000 to 9,999 gal/day $500 10,000 to 25,000 gal/day $1,000 Greater than 25,000 gal/day $2,000 WASTEWATER SLUDGE PROCESSING FEES (Sludge Dewatering) Sludge less than 4% solids $0.06 per gal with a minimum charge for 1,000 gal Sludge between 4% to 7% solids $0.06 per gal with a min charge for 1,000 gallons, plus landfill tipping fee Sludge greater than 7% Unable to process ENVIRONMENTAL MANAGEMENT WATER QUALITY | SOLID WASTE | ENGINEERING SERVICES SCHEDULE OF RATES FOR FY2026 EFFECTIVE JULY 1, 2025 DEFINITIONS Allocation Fee for Sewer / Water Service Connection - the drinking water system and/or to discharge a prescribed amount of flow to the sewer system. This fee helps offset the capital costs of new treatment facilities, water distribution lines, water tanks, sewer capacity expansion improvements, etc. The Allocation Fee for Sewer / Water Service Base for 6000 gal Per Account The fee includes the cost of infrastructure to provide water and/or sewer services and the operating costs associated with providing that service. These are fixed costs to serve each customer no matter how much wastewater is produced or water drinking water is consumed. Customers are also charged a volume fee for every 1000 gallons over the 6000-gallon base. Bay Restoration Fund / BRA Fee experienced a decline in water quality due to over enrichment of nutrients (mainly phosphorus and nitrogen). Effluent from wastewater treatment plants is one of the top three major contributors of nutrients entering the Bay (urban and agricultural runoffs are the other two). The purpose of the bill is to create a dedicated fund, financed by wastewater treatment plant users, to upgrade Maryland’s wastewater treatment plants with enhanced nutrient removal (ENR) technology so they are capable of achieving wastewater effluent quality of 3 mg/l total nitrogen and 0.3 mg/l total phosphorus. The signing of this bill-initiated Maryland’s efforts to further reduce nitrogen and phosphorus loading in the Bay by over 7.5 million pounds of nitrogen per year and over 260 thousand pounds of phosphorus per year, which represent over one-third of Maryland’s commitment under the Chesapeake Bay 2000 Agreement. Cedar Springs Infrastructure Development Fee City / County Joint Service Sewer Area Example, Maugansville, Fountainhead & Pangborn. Washington County is responsible for the sewer pipes / pumping stations and Hagerstown is responsible for the sewer treatment. The sewer flow goes to Hagerstown's treatment plant. Commercial I - Commercial II Deduct Meter Fee - machines at a convenience stores. The meter is read quarterly and deducted from the sewer bill. EDU Dwelling Unit is assumed to be equal to 200 gallons each per day of water use and sanitary sewage production. Infrastructure Management Program Fee owned sewer systems (Emergency Alarms & Communications). Joint Sewer Service Connection Fee Water Quality. For Example, Maugansville, Fountainhead & Pangborn. This fee helps offset the capital costs of upgrading the sewer system and for Laboratory Analysis Fees testing to businesses, municipalities and area residents. Non-Metered Sewer Charge usage. For example, a customer that has a private well and Washington County sewer service. Residential/Commercial Collection Service - routine/emergency maintenance of sewer infrastructure in the City/County Joint Service Area. All other charges are billed by the City of Residential Full-Service Sewer Residential Full-Service Water Sewer Wholesale - Volume per 1000 gal above the base of 6000 gallons. The volume charge covers the cost of sewer and/or drinking water treatment and supports the construction, Volunteer Service - Wastewater Industrial Pretreatment Program Fees - Wastewater Sludge Processing Fees plants. Sludge is a byproduct of the wastewater treatment process and to be safety disposed of the sludge is dewatered in a mechanical/chemical ENVIRONMENTAL MANAGEMENT WATER QUALITY | SOLID WASTE | ENGINEERING SERVICES SCHEDULE OF RATES FOR FY2027 EFFECTIVE JULY 1, 2026 FULL-SERVICE SEWER & WATER RATES Base for 6,000 gal Per Account Quarterly Sewer Rates Quarterly Water Rates Residential Full Service $151.07 $127.23 Commercial I Full Service $158.49 $132.00 Commercial II Full Service $161.70 $175.07 Commercial III Full Service $161.70 N/A Volunteer Service $152.72 $129.10 Volume per 1,000 gal Quarterly Sewer Rates Quarterly Water Rates Residential Full Service $9.24 $15.68 Commercial I Full Service $10.29 $13.92 Commercial II Full Service $11.25 $12.39 Commercial III Full Service $11.25 N/A Volunteer Service $9.34 $15.79 CITY / COUNTY JOINT SERVICE SEWER AREA Residential/Commercial Collection Service All additional charges are from the City of Hagerstown MISC. FEES Non-Metered Sewer Charge $206.51 - per quarter Non-Metered Water Charge $221.31 - per quarter Sewer Wholesale (Per 1,000 gallons) $8.81 Deduct Meter Fee $25 - per quarter BAY RESTORATION FUND FEE Residential $15 - per quarter Commercial The Fee will be calculated based on water usage or wastewater generated, converted into EDU's and billed at the rate of $5 per month per EDU DELINQUENT ACCOUNT SEWER & WATER BILLING FEES Maintenance fee for delinquent account Assessed when the account is not paid within the 10-day period following (non-business hours) $75 ENVIRONMENTAL MANAGEMENT WATER QUALITY | SOLID WASTE | ENGINEERING SERVICES SCHEDULE OF RATES FOR FY2027 EFFECTIVE JULY 1, 2026 ALLOCATION FEES Joint Sewer Service Connection Fee Sewer service connection fee for areas jointly served by the City of Hagerstown and the Wash. Co. Dept. of Water Quality. For Example, Maugansville, Fountainhead & Pangborn. Allocation Fee for Sewer Service Connection $7,200 Allocation Fee for Water Service Connection $2,700 Meter Fee for Water This fee is in addition to the Allocation Fee for Water Service and is the direct cost of the water meter. Price is subject to change depending on the direct cost of the meter. Infrastructure Management Program Fee This fee is in addition to the Allocation Fee for Sewer Service and is to help fund the cost of the emergency alarm communications system infrastructure. Infrastructure Development Fee $1,000 per Sewer EDU This fee is in addition to the Allocation Fee for Sewer Service. Cedar Springs Infrastructure Development Fee $1,000 per acre or per Sewer EDU, whichever is greater This fee is in addition to the Allocation Fee for Sewer Service and is only for sewer connections that flows to the Cedar Springs Pump Station. ADMINISTRATIVE FEES Design Review Fees - Drawings One/two lot simplified subdivision plat $25 Multiple lot subdivision development plan or preliminary $25 (per drawing) Multiple lot subdivision combined Preliminary/Final $100 (per drawing) Design Review Fees - Specification Water Design Review Fees - Specification Sewer Permits $25 ENVIRONMENTAL MANAGEMENT WATER QUALITY | SOLID WASTE | ENGINEERING SERVICES SCHEDULE OF RATES FOR FY2027 EFFECTIVE JULY 1, 2026 LABORATORY ANALYSIS SAMPLE COLLECTION $25 - Per Sample (Specialty samples require additional charges) ORGANIC ANALYSIS *FORMALDEHYDE $225 *PAINT FILTER TEST $13 TOTAL ORGANIC CARBON $30 *SEMI-VOLATILES (EPA 625 & EPA 525) $170 *TCLP, HERBICIDES $100 *ACID/BASE NEUTRALS (EPA 8260) $225 *TCLP, PESTICIDES $100 *PESTICIDES & PCB's (EPA 608) $80 *TCLP, SEMIVOLATILES $250 *HERBICIDES $125 *TCLP, VOC'S $120 *BTEX $50 *VOLATILE ORGANICS (EPA 524 or EPA 624) $100 *MTBE $50 TTO's VOC, Semi Volatiles, Dioxin, Pest. and Herb. $645 *TPH $50 TRIHALOMETHANES $55 HALOACETIC ACIDS (HAA5) $90 PESTICIDE / PCBs 508 $250 BTEX OR MTBE Method 602 $50 *DIOXIN $300 *GROSS BETA + GROSS ALPHA $80 HERBICIDES $125 *IGNITABILITY TEST ON SOLID $20 *CHLOROFORM $80 INORGANIC ANALYSIS ACIDITY $15 NITRATE+NITRITE $16 ACID/ALKALINITY $25 *ODOR $15 ALKALINITY $17 OIL & GREASE $38 AMMONIA NITROGEN $16 ORTHO PHOSPHORUS $19 BIOCHEMICAL OXYGEN DEMAND (BOD) $25 PH (CORROSIVITY) $6 CALCIUM $14 SETTLEABLE SOLID $10 CHEMICAL OXYGEN DEMAND (COD) $35 SULFATE $24 CHLORINE (FREE OR TOTAL) $8 SULFIDE $24 CHLORIDE $22 SULFITE $24 *COLOR $15 *SURFACTANTS $50 S. CONDUCTANCE $11 TOTAL DISSOLVED SOLIDS (TDS) $20 T. CO2 $15 TOTAL KJELDAHL NITROGEN $22 T. CO2 & BI-CARBONATE (BY NOMOGRAPH) $18 TOTAL PHOSPHORUS $22 *CYANIDE $35 TOTAL SOLIDS $15 DISSOLVED OXYGEN $8 TOTAL SUSPENDED SOLIDS (TSS) $12 FLUORIDE $19 TOTAL TOXICITY (MICROTOX) $50 HARDNESS $13 TURBIDITY $8 *HEXAVALENT-CHROMIUM $25 VOLATILES SOLIDS (INCLUDING TS) $20 *PHENOL $25 POT ASH (POTASSIUM & CALCULATION) $30 *FLASHPOINT $25 TOTAL N (TKN+NO3+NO2) $38 ORTHO-PHOSPHOROUS $19 PERCENT SOLIDS $16 NITRATE $16 *Subcontracted test - price may change, as contracted ENVIRONMENTAL MANAGEMENT WATER QUALITY | SOLID WASTE | ENGINEERING SERVICES SCHEDULE OF RATES FOR FY2027 EFFECTIVE JULY 1, 2026 LABORATORY ANALYSIS FEES METAL ANALYSIS BY FLAME AA (Parts Per Million) & GRAPHITE FURNACE AA (Parts Per Billion) ALUMINUM $12 NICKEL (FLAA/GFAA) $12/$24 *ANTIMONY $12/$24 POTASSIUM (FLAA) $12/$24 ARSENIC (GFAA) $12/$24 SELENIUM (GFAA) $12/$24 BARIUM (FLAA/GFAA) $12/$24 SILICON (FLAA/GFAA) $12/$24 CADMIUM (FLAA/GFAA) $12/$24 SILVER (FLAA/GFAA) $12/$24 CHROMIUM (FLAA/GFAA) $12/$24 *TCLP, METALS $50 COPPER (FLAA/GFAA) $12 *TIN $12 IRON (FLAA) $12 *TITANIUM $12 LEAD (FLAA/GFAA) $12/$24 *VANADIUM $12 MAGNESIUM (FLAA) $12/$24 ZINC (FLAA/GFAA) $12 MANGANESE (FLAA/GFAA) $12/$24 SAMPLE PREP. DISSOLVED METALS $10 MERCURY (COLD VAPOR) $24 SAMPLE PREP. FOR METAL DIGESTION $25 MOLYBDENUM $12 *Subcontracted test - price may change, as contracted MICROBIOLOGY CRYPTOSPORIDIUM / GIARDIA $850 SAMPLE DILUTION $10 E. COLI/FECAL COLIFORM (MPN, EC, MUG) $35 TOTAL COLIFORM/E. COLI COLILERT COUNT $35 HETEROTROPHIC PLATE COUNT $35 TOTAL COLIFORM/E. COLI - PRESENT/ABSENT $35 RUSH SAMPLE FEE FOR POSITIVE TEST $20 TOTAL COLIFORM (MPN) $35 WASTEWATER INDUSTRIAL PRETREATMENT PROGRAM PERMIT FEES Permit Application Fees Significant Industrial User Flows greater than 25,000 gal/day or deemed significant by MDE Non-Significant Industrial User Flows less than 25,000 gal/day Permit Maintenance Fees Fees are based upon industrial process wastewater flow and are collected on an annual basis Less than 1,000 gal/day $250 1,000 to 9,999 gal/day $500 10,000 to 25,000 gal/day $1,000 Greater than 25,000 gal/day $2,000 WASTEWATER SLUDGE PROCESSING FEES (Sludge Dewatering) Sludge less than 4% solids $0.06 per gal with a minimum charge for 1,000 gal Sludge between 4% to 7% solids $0.06 per gal with a min charge for 1,000 gallons, plus landfill tipping fee Sludge greater than 7% Unable to process ENVIRONMENTAL MANAGEMENT WATER QUALITY | SOLID WASTE | ENGINEERING SERVICES SCHEDULE OF RATES FOR FY2027 EFFECTIVE JULY 1, 2026 DEFINITIONS Allocation Fee for Sewer / Water Service Connection - the drinking water system and/or to discharge a prescribed amount of flow to the sewer system. This fee helps offset the capital costs of new treatment facilities, water distribution lines, water tanks, sewer capacity expansion improvements, etc. The Allocation Fee for Sewer / Water Service Base for 6000 gal Per Account The fee includes the cost of infrastructure to provide water and/or sewer services and the operating costs associated with providing that service. These are fixed costs to serve each customer no matter how much wastewater is produced or water drinking water is consumed. Customers are also charged a volume fee for every 1000 gallons over the 6000-gallon base. Bay Restoration Fund / BRA Fee experienced a decline in water quality due to over enrichment of nutrients (mainly phosphorus and nitrogen). Effluent from wastewater treatment plants is one of the top three major contributors of nutrients entering the Bay (urban and agricultural runoffs are the other two). The purpose of the bill is to create a dedicated fund, financed by wastewater treatment plant users, to upgrade Maryland’s wastewater treatment plants with enhanced nutrient removal (ENR) technology so they are capable of achieving wastewater effluent quality of 3 mg/l total nitrogen and 0.3 mg/l total phosphorus. The signing of this bill initiated Maryland’s efforts to further reduce nitrogen and phosphorus loading in the Bay by over 7.5 million pounds of nitrogen per year and over 260 thousand pounds of phosphorus per year, which represent over one-third of Maryland’s commitment under the Chesapeake Bay 2000 Agreement. Cedar Springs Infrastructure Development Fee City / County Joint Service Sewer Area Example, Maugansville, Fountainhead & Pangborn. Washington County is responsible for the sewer pipes / pumping stations and Hagerstown is responsible for the sewer treatment. The sewer flow goes to Hagerstown's treatment plant. Commercial I - Commercial II Deduct Meter Fee - machines at a convenience stores. The meter is read quarterly and deducted from the sewer bill. EDU Dwelling Unit is assumed to be equal to 200 gallons each per day of water use and sanitary sewage production. Infrastructure Management Program Fee owned sewer systems (Emergency Alarms & Communications). Joint Sewer Service Connection Fee Water Quality. For Example, Maugansville, Fountainhead & Pangborn. This fee helps offset the capital costs of upgrading the sewer system and for Laboratory Analysis Fees testing to businesses, municipalities and area residents. Non-Metered Sewer Charge usage. For example, a customer that has a private well and Washington County sewer service. Residential/Commercial Collection Service - routine/emergency maintenance of sewer infrastructure in the City/County Joint Service Area. All other charges are billed by the City of Residential Full-Service Sewer Residential Full-Service Water Sewer Wholesale - Volume per 1000 gal above the base of 6000 gallons. The volume charge covers the cost of sewer and/or drinking water treatment and supports the construction, Volunteer Service - Wastewater Industrial Pretreatment Program Fees - Wastewater Sludge Processing Fees plants. Sludge is a byproduct of the wastewater treatment process and to be safety disposed of the sludge is dewatered in a mechanical/chemical Open Session Item SUBJECT: PUBLIC HEARING: Application for Zoning Text Amendment RZ-24-001 PRESENTATION DATE: May 7, 2024 PRESENTATION BY: Jill Baker, AICP, Director, Department of Planning and Zoning RECOMMENDED MOTION: The purpose of this public hearing is to take public comment on the rezoning application. The Commissioners may take a consensus vote on whether to approve or deny the request or wait until a later date to deliberate. REPORT-IN-BRIEF: Application is being made to amend Section 23.4 (a) of the Washington County Zoning Ordinance to remove exemptions for height restrictions on high-density warehouse structures. DISCUSSION: Washington County is located at the intersection of two significant interstates (I-70 and I-81) thus attracting transportation related uses including warehouses and distribution facilities. These uses are currently allowed only in the Industrial Restricted (IR), Planning Industrial (PI) and Highway Interchange (HI) zoning districts. The Washington County Zoning Ordinance currently has no definition of high-density warehouse structures. In researching a definition to clarify this type of use, several definitions were found which varied slightly. However, the general concept is that high-density warehousing is the concept of condensing stored items into the smallest amount of space and eliminating aisle ways. In today’s workplace environment, this definition would likely apply to most, if not all, new warehouses and distribution centers being built. In each of the districts mentioned, there is a height limitation of 75 feet. However, there is an exemption included within the exemptions and modifications section of the ordinance that allow for several specifically mentioned uses to exceed the zoning district height requirements without limitation. One of the uses listed as having no height limitation is “high-density warehouses”. All of the other uses listed under this section are accessory structures that do not have need for occupancy. That makes the warehouse use stand out as an anomaly in this list of uses to be exempt. The County’s Emergency Services department indicates that the highest ladder truck in the County is 100 feet; however, when the apparatus is fully set, the maximum height that can be reach is 75 feet. Given the proliferation of warehouses and distribution centers in the County, this exemption could easily overwhelm our local fire resources and cause potential life safety issues. Board of County Commissioners of Washington County, Maryland Agenda Report Form This amendment was reviewed by the Planning Commission at a public information meeting held on March 4, 2024. At their April 1, 2024 regular meeting, the Planning Commission voted unanimously to recommend approval of this text amendment. FISCAL IMPACT: n/a CONCURRENCES: Planning Commission ALTERNATIVES: n/a ATTACHMENTS: Proposed text amendments, staff report, and application AUDIO/VISUAL NEEDS: none "�Washxngton County DEPARTMENT OF PLANNING & ZONING PLANNING I ZONING I LAND PRESERVATION I FOREST CONSERVATION I GIS April 5, 2024 RZ-24-001 APPLICATION FOR TEXT AMENDMENT PLANNING COMMISSION RECOMMENDATION RECOMMENDATION The Washington County Planning Commission held a public input meeting on March 4, 2024 to consider a text amendment to Section 23.4(a) of the Washington County Zoning Ordinance. The purpose of this text amendment is to remove exemptions for height restrictions on high -density warehouse structures. At its April 1, 2024 meeting, the Planning Commission tools action to recommend approval of the proposed text amendment to the Board of County Commissioners. A copy of the application, the Staff Report and analysis, minutes of the March 4, 2024 Planning Commission public input meeting, and draft minutes of the April 4, 2024 Planning Commission regular meeting are attached. JLB/dse Attachments cc: Zachary Kieffer, County Attorney Respectfully submitted, Jillr� Baker, AICP, Director, Washington County Dept. of Planning & Zoning 100 West Washington Street, Suite 2600 1 Hagerstown, MD 21740 1 i'; 240.313,2430 I Y: 240.313.24311 1'I)1): 7-1-1 rr.,..,w- 9r WWW.WASHCO-MD.NET i Washington County WASHINGTON COUNTY PLANNING COMMISSION ORDINANCE TEXT AMENDMENT APPLICATION Washington County Dept. of Planning & Zoning Applicant 747 Northern Avenue Hagerstown, MD 21742 Address Jill Baker, Director Primary Contact Address ❑ Adequate Public Facilities Ordinance ❑ Forest Conservation Ordinance ❑ Subdivision Ordinance ❑ Solid Waste Plan Section No. 23.4 FOR PLANNING COMMISSION USE ONLY Rezoning No. Date Filed: aA ❑Property Owner ❑Attorney ❑Other: 240-313-2430 ❑Contract Purchaser ❑Consultant Phone Numbej- jbaker@washco-md.net E-mail Address ❑ Water and Sewer Plan A Zoning Ordinance ❑ Other Please provide the proposed text on a separate sheet of paper as follows: strike -through should be used for deletions [deletions], unchanged wording in regular type, and new wording should be underlined [new wording]. )/- V- 4 � -a--- Applicant's Signature Subscribed and sworn before me this day of , 20 My commission expires on Notary Public FOR PLANNING COMMISSION USE ONLY ❑ Application Form ❑ Proposed Text Changes ❑ Fee Worksheet ❑ 30 copies of complete Application ❑ Application Fee Proposed amendment: Section 23.4 Height (a) Building height limitations shall not apply to high de"s .,, - ehousin , water tanks, barns, windmills, silos, or other accessory farm structures; or to belfries, steeples, spires, electric or communication poles or towers, electric generating plants, electric transforming or switching equipment, chimneys or smoke stacks, flagpoles, fire towers, cupolas, domes, monuments, penthouses or roof structures for housing stairways; or to tanks, ventilating fans, air conditioning equipment or similar equipment required to operate and maintain the building or to the manufacture, modification, servicing and housing of aircraft. No penthouse or roof structure shall have a total area greater than twenty-five (25) percent of the roof area, nor shall such structure be used for any purpose than a use incidental to the main use of the building. h k WashingtonCounty M A R Y L A N D DEPARTMENT OF PLANNING & ZONING PLANNING I ZONING I LAND PRESERVATION I FOREST CONSERVATION I GIS March 2024 RZ-24-001 APPLICATION FOR TEXT AMENDMENT WASHLNGTON COUNTY ZONING ORDINANCE STAFF REPORT AND ANALYSIS Proposal: Application is being made to amend Section 23.4 (a) of the Washington County Zoning Ordinance to remove exemptions for height restrictions on high -density warehouse structures. Staff Report: Because Washington County is geographically located at the intersection of two significant interstates (Interstates 70 & 81) the area has attracted many transportation related uses including warehouses and distribution facilities. Due to their intensity of use and need for access to the interstate system, these uses are currently allowed only in the industrial districts of Industrial Restricted (IR) and Planned Industrial (PI) and the Highway Interchange (HI). The zoning ordinance has no definition of high -density warehouse so Staff searched for a definition to clarify this type of use. There were several definitions that were found that all varied just slightly. However, the general concept is that high -density warehousing is the concept of condensing stored items into the smallest amount of space and eliminating aisle ways. In today's workplace environment, this definition would likely apply to most, if not all, new warehouses and distribution centers being built. Analysis: Of particular interest in this text amendment is the height limitations for these types of uses. In each of the districts mentioned, there is a height limitation of 75 feet. However, there is an exemption included within the exemptions and modifications section of the ordinance that allow for several specifically mentioned uses to exceed the zoning district height requirements without limitation. One of the uses listed as having no height limitation is "high -density warehouses". All of the other uses listed under this section are accessory structures that do not have need for occupancy. That makes the warehouse use stand out as an anomaly in this list of uses to be exempt. This section of the ordinance was reviewed by the local Emergency Services department for the County to evaluate what our current inventory of apparatus could feasibly provide service to structures over 75 feet in height. Currently, the highest ladder truck in the County is 100 feet but when the apparatus is fiilly set, the maximum height that can be reached is approximately 75 feet. 747 Northern Avenue I Hagerstown, MD 21742 1 P: 240.313,2430 1 t : 240.313.24311 'rDD: 7-1-1 WWW.WASHCO-MDAET Given the proliferation of warehouses and distribution centers in the County, this exemption could easily overwhelm our local fire resources and cause potential life safety issues. Proposed amendment: Section 23.4 Height (a) Building height limitations shall not apply to , water tanks, barns, windmills, silos, or other accessory farm structures; or to belfries, steeples, spires, electric or communication poles or towers, electric generating plants, electric transforming or switching equipment, chin neys or smoke stacks, flagpoles, fire towers, cupolas, domes, monuments, penthouses or roof structures for housing stairways; or to tanks, ventilating fans, air conditioning equipment or similar equipment required to operate and maintain the building or to the manufacture, modification, servicing and housing of aircraft. No penthouse or roof structure shall have a total area greater than twenty-five (25) percent of the roof area, nor shall such structure be used for any purpose than a use incidental to the main use of the building. Staff Recommendation: Staff recommends approval of the amendment as presented. Respectfiilly submitted, J Jill Baker, AICP Director Open Session Item SUBJECT: Public Hearing – FY25 Community Development Block Grant Application PRESENTATION DATE: May 7, 2024 PRESENTATION BY: Rachel Souders, Director, Office of Grant Management, Nicole Phillips, Senior Grant Manager, Office of Grant Management, Keith Fanjoy, CEO, San Mar Family and Community Services, and Jerica Washington, Deputy Director, San Mar Family and Community Services RECOMMENDED MOTION: Move to approve a resolution of support authorizing the submission of the County’s application for FY25 Community Development Block Grant funding for San Mar Family and Community Services requesting $800,000 and accept funding as awarded. REPORT-IN-BRIEF: In accordance with 24 CFR 570.486(a) (5), Washington County must provide a public hearing for the purpose of obtaining citizens’ views before submission of an application to the Community Development Block Grant Program. The County intends to submit an application requesting $800,000 for San Mar Family and Community Services. DISCUSSION: The Maryland Community Development Block Grant Program (CDBG) is a federally funded program designed to assist units of local government with activities directed toward neighborhood revitalization, housing opportunities, economic development and improved public facilities and services. The State of Maryland, specifically the Department of Housing and Community Development (DHCD), has assumed the responsibility for the administration of the program from the U.S. Department of Housing and Urban Development (HUD). The State provides CDBG funds for eligible projects based on meeting one of three national objectives: 1) benefit to persons of low and moderate income 2) prevention or elimination of slum or blight; or 3) meet an urgent need that is an immediate threat to community health, safety, or welfare. During state fiscal year 2025, the State of Maryland anticipates receiving an award of $8,165,077. These funds will be distributed throughout the state based on a competitive grant process. If approved today, the County will submit an application requesting $800,000. If funding is awarded, the County will enter into a subrecipient agreement with San Mar Family and Community Services, and San Mar will use the funding towards their campus renovation to create full-service housing for transition age youth. The grant application will be available for public review on May 30, 2024 until June 5, 2024 at the Washington County Office of Grant Management located at 100 W. Washington Street, Suite 1601. Board of County Commissioners of Washington County, Maryland Agenda Report Form FISCAL IMPACT: The grant will provide up to $800,000 for San Mar Family and Community Services. CONCURRENCES: Rachel Souders, Director, Office of Grant Management ALTERNATIVES: Deny approval for submission of this request ATTACHMENTS: Proposed Resolution of Support AUDIO/VISUAL NEEDS: N/A RESOLUTION NO. RS-2024- (Authorization to Seek Community Development Block Grant [CDBG] Funds in the amount of $800,000.00) RECITALS The State of Maryland, through the Department of Housing and Community Development (“DHCD”), solicits applications from eligible jurisdictions to apply for funding under the Maryland Community Development Block Grant (“CDBG”) Program. The Board of County Commissioners of Washington County, Maryland, (the “Board”) is eligible to apply for funds from the Maryland CDBG Program through the Maryland Department of Housing and Community Development. The Board has held the required public hearing related to the formulation of the Board’s CDBG application. The Board understands and acknowledges that it would be responsible for completion of grant activities and any corrective actions including the repayment of funds if necessary. NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Washington County, Maryland, authorize the submission of an application for Community Development Block Grant funds in an amount of $800,000.00 for the following project(s): San Mar Family and Community Services – Full-Service Housing for Transition Age Youth IT IS FURTHER RESOLVED, that the President of the Board of County Commissioners of Washington County, Maryland is authorized and empowered to execute any and all documents required for submission of the application and is further authorized and empowered to execute any subsequent Grant Agreement relating to the above-mentioned application for CDBG funds. Adopted and effective this _____ day of ____________, 2024. ATTEST: BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND ____________________________ _________________________________________ Dawn L. Marcus, Clerk John F. Barr, President Approved as to form and legal sufficiency: Mail to: Office of the County Attorney _________________________ 100 W. Washington Street, Suite 1101 Zachary J. Kieffer, County Attorney Hagerstown, MD 21740 Open Session Item SUBJECT: National Drug Court Month (May 2024) PRESENTATION DATE: May 7, 2024 PRESENTATION BY: Board of County Commissioners to Jennifer Bricker, Drug Court Coordinator, Circuit Court for Washington County; Gray Barton, Director, Office of Problem-Solving Courts; The Honorable Brett R. Wilson, Administrative Judge, Circuit Court for Washington County; Kristin Grossnickle, Court Administrator, Circuit Court for Washington County REPORT-IN-BRIEF: Proclamation Presentation WHEREAS, treatment courts have been restoring lives and families for more than three decades, and; WHEREAS, there are now nearly 4,000 treatment courts nationwide, and; WHEREAS, treatment courts are the cornerstone of justice reform sweeping the nation; and WHEREAS, treatment courts have served more than 1.5 million individuals, and; WHEREAS, they are now recognized as the most successful justice system intervention in our nation’s history, and; WHEREAS, they save an average of $6,000 for every individual they serve, and; WHEREAS, treatment courts significantly improve substance use disorder treatment outcomes, substantially reduce addiction and related crime, and do so at less expense than any other criminal justice strategy; and WHEREAS, treatment courts improve education, employment, housing, and financial stability, promote family reunification, reduce foster care placements, and increase the rate of addicted mothers delivering babies who are fully drug free; and WHEREAS, treatment courts facilitate community-wide partnerships, bringing together public safety and public health; and WHEREAS, treatment courts demonstrate that when one person rises out of substance use and crime, we all rise. NOW THEREFORE, We the Board of County Commissioners of Washington County, Maryland, do hereby recognize May as Drug Court Month. Board of County Commissioners of Washington County, Maryland Agenda Report Form 1 Open Session Item SUBJECT: County Commissioners of Washington County Public Improvement and Refunding Bonds of 2024 Authorizing Resolution PRESENTATION DATE: May 7, 2024 PRESENTATION BY: Lindsey A. Rader, Bond Counsel for Washington County, and Kelcee G. Mace, 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 by solicitation of competitive bids, upon its full faith and credit, a series of general obligation bonds in the original aggregate principal amount not to exceed $28,555,000 for the purpose of financing or reimbursing costs of certain public facilities and projects and currently refunding certain outstanding County general obligation bonds, as presented. 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, upon its full faith and credit, general obligation bonds for the purpose of (1) financing or reimbursing the cost of certain public facilities and projects, as such terms are used in such statutory provisions (see attachment for the contemplated public facilities and projects)—such purpose is typically referred to as a “new money purpose,” and (2) currently refunding in whole or in part the outstanding County Commissioners of Washington County Public Improvement Bonds of 2013 that mature on or after July 1, 2025 and the outstanding County Commissioners of Washington County Public Improvement Bonds of 2014 that mature on or after July 1, 2025. The County anticipates issuing a single series of its general obligation bonds for both new money and current refunding purposes. The maximum original aggregate principal portion of the contemplated series of bonds to be issued for new money purposes will not exceed $13,555,000 (a maximum of $12,000,000 expected to be tax-supported and a maximum of $1,555,000 expected to be self-supported), and the maximum original aggregate principal portion of the contemplated series of bonds to be issued for current refunding purposes will not exceed $15,000,000. The amortization schedule for the bonds set forth in the resolution assumes an original aggregate principal amount of $25,455,000, which is less than the maximum original aggregate principal amount of the bonds authorized by the resolution. Certain details of the 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 bonds prior to release of the Preliminary Official Statement provided for in the resolution or following such Board of County Commissioners of Washington County, Maryland Agenda Report Form 2 release but prior to the sale of the bonds, including (without limitation) adjusting the original aggregate principal amount of the bonds, adjusting the amortization schedule for the bonds, postponing the sale date, changing the principal, interest and/or optional redemption dates, and/or determining that either some of the potential refunded bonds will not be currently refunded in whole or that none of the potential refunded bonds will be currently refunded (and, accordingly, that no portion of the bonds will be issued for refunding purposes). In addition, authority to award or reject the bonds at the sale, and to make certain post-sale bond sizing adjustments contemplated by the resolution, is delegated to the Chief Financial Officer, who shall act by order. Specified officials are authorized to finalize the form of the Preliminary Official Statement presented to the Board and to approve the final Official Statement. The resolution expresses the Board’s intention that post-receipt of bids adjustments be made on the sale date in order to allocate net original issue premium resulting from the successful bid not needed for underwriter’s discount, to the extent such additional net original issue premium is so available, to the purposes for which the bonds are issued, thereby reducing the final par amount of the bonds to be issued. The resolution also provides for the County Administrator or the County Administrator’s designee to take certain actions in connection with the issuance of the bonds that are typically taken by the County Clerk, due to any vacancy in the County Clerk’s position or any unavailability of the County Clerk (attesting to the County seal and making certifications or representations in closing documents that are typically made by the County Clerk). DISCUSSION: That portion of the proceeds of the bonds issued for new money purposes will be used to fund costs of certain infrastructure, public safety, educational and environmental public facilities and projects. The original fiscal year 2024 capital budget has been modified through the budget adjustment process to reallocate bond funds from two environmental projects to the Smithsburg WWTP ENR Upgrade and to eliminate the amount of bond funds originally included for the 40 West Landfill Pretreatment Facility as the timeline for that project was pushed out such that funding is not needed at this time. Issuance costs (other than the underwriter’s discount of the successful bidder for the bonds) will be funded from pay- go funds, except for any de minimis amount payable from additional proceeds of the bonds due to the fact that the bonds are issued in denominations of $5,000, as described in the resolution. FISCAL IMPACT: Annual bond issuance has been included in the County’s annual debt affordability analysis. CONCURRENCES: County Administrator and County Attorney ALTERNATIVES: If the resolution is not approved, it will be necessary to eliminate the public facilities and projects to be funded from the bonds as detailed in the Capital Improvement Plan. Also, it will be necessary to determine alternative funding for such public facilities and projects already in progress. Depending on market conditions at the time of sale, the County could forego potential debt service savings if the resolution is not approved. 3 ATTACHMENTS: Resolution, schedule of public facilities and projects to be funded from the new money portion of the bonds, 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 1 RESOLUTION NO. RS-2024-____ 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 PUBLIC IMPROVEMENT AND REFUNDING BONDS OF 2024,” IN AN ORIGINAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $28,555,000, SUBJECT TO REDESIGNATION AND TO REDUCTION AS PROVIDED HEREIN, PURSUANT TO THE PROVISIONS OF, AS APPLICABLE, CHAPTER 99 OF THE LAWS OF MARYLAND OF 2018, TITLE 6 OF THE CODE OF PUBLIC LOCAL LAWS OF WASHINGTON COUNTY (2019 EDITION), CHAPTER 392 OF THE LAWS OF MARYLAND OF 2007, AND SECTION 19-207 OF THE LOCAL GOVERNMENT ARTICLE OF THE ANNOTATED CODE OF MARYLAND, EACH AS AMENDED AS APPLICABLE, FOR THE PUBLIC PURPOSES OF (1) FINANCING THE COST OF CERTAIN PUBLIC FACILITIES AND PROJECTS IN WASHINGTON COUNTY, INCLUDING THE COST OF ACQUISITION, ALTERATION, CONSTRUCTION, RECONSTRUCTION, ENLARGEMENT, EQUIPPING, EXPANSION, EXTENSION, IMPROVEMENT, REHABILITATION, RENOVATION, UPGRADING AND REPAIR OF VARIOUS INFRASTRUCTURE, PUBLIC SAFETY, EDUCATIONAL AND ENVIRONMENTAL PROJECTS, TOGETHER WITH ANY RELATED ARCHITECTURAL, FINANCIAL, LEGAL, PLANNING OR ENGINEERING SERVICES, AND (2) SUBJECT TO THE FURTHER PROVISIONS OF THIS RESOLUTION, CURRENTLY REFUNDING CERTAIN PORTIONS OF THE OUTSTANDING COUNTY COMMISSIONERS OF WASHINGTON COUNTY PUBLIC IMPROVEMENT BONDS OF 2013 AND/OR COUNTY COMMISSIONERS OF WASHINGTON COUNTY PUBLIC IMPROVEMENT BONDS OF 2014; PRESCRIBING THE TERMS AND CONDITIONS OF SAID BONDS AND THE TERMS AND CONDITIONS UPON WHICH SAID BONDS SHALL BE ISSUED AND SOLD AND OTHER 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; AUTHORIZING COUNTY OFFICIALS TO TAKE CERTAIN ACTIONS IN CONNECTION WITH 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; MAKING OR PROVIDING FOR THE MAKING OF CERTAIN ELECTIONS, COVENANTS OR DETERMINATIONS PERTAINING TO THE TAX-EXEMPT STATUS OF SAID BONDS; PROVIDING THAT THE PROVISIONS OF THIS RESOLUTION 2 SHALL BE LIBERALLY CONSTRUED; AND GENERALLY PROVIDING FOR THE ISSUANCE OF SAID BONDS. R E C I T A L S Chapter 99 of the Laws of Maryland of 2018 (the “2018 Act”) authorizes and empowers 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 $70,000,000 to provide funds to finance the cost of the construction, improvement or development (within the meaning of the 2018 Act) of certain public facilities (within the meaning of the 2018 Act) in Washington County. To date, the County has previously issued $514,278 original aggregate principal amount of its County Commissioners of Washington County Public Improvement Bonds of 2019, $9,060,000 original aggregate principal amount of its County Commissioners of Washington County Public Improvement Bonds of 2020, $10,785,626 original aggregate principal amount of its County Commissioners of Washington County Public Improvement Bonds of 2021, $9,280,000 of its County Commissioners of Washington County Public Improvement Bonds of 2022, and $11,360,000 of its County Commissioners of Washington County Public Improvement Bonds of 2023 pursuant to the bond issuing authority provided by the 2018 Act. Title 6 of the Code of Public Local Laws of Washington County, Maryland (2019 Edition), as amended to date (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 2018 Act and the Water and Sewer Act, as applicable, the County has determined to issue and sell its general obligation bonds in an original aggregate principal amount not to exceed $13,555,000 (the “New Money Bonds”) to finance the cost of the construction, improvement or development (within the meaning of the 2018 Act) of certain public facilities (within the meaning of the 2018 Act) in Washington County and the cost of certain projects (within the meaning of the Water and Sewer Act). The New Money Bonds are being issued to finance the cost of certain public facilities and projects as more particularly described in Section 2 herein. The issuance of the New Money Bonds shall not cause the County to exceed the debt limitation provided for in the Water and Sewer Act. Pursuant to the authority of Chapter 392 of the Laws of Maryland of 2007 (the “2007 Act”), the County previously issued upon its full faith and credit its County Commissioners of Washington County Public Improvement Bonds of 2013, dated May 16, 2013, in the original aggregate principal amount of $12,000,000 (the “2013 Bonds”). Pursuant to the authority of the 2007 Act, the County previously issued upon its full faith and credit its County Commissioners of Washington County Public Improvement Bonds of 2014, dated May 20, 2014, in the original aggregate principal amount of $14,000,000 (the “2014 Bonds”). 3 Pursuant to the authority of the 2007 Act and Section 19-207 of the Local Government Article of the Annotated Code of Maryland, as amended (the “Refunding Act”), the County has determined to currently refund all or a portion of certain maturities of the 2013 Bonds and the 2014 Bonds as set forth on Exhibit A attached hereto, subject to the further provisions of this Resolution. Any refunded 2013 Bonds and any refunded 2014 Bonds will be currently refunded from the 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 $15,000,000 (the “Refunding Bonds”), 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 2013 Bonds and any refunded 2014 Bonds will be reduced by the County issuing the Refunding Bonds 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 New Money Bonds and the Refunding Bonds will be issued as a combined, single series of general obligation bonds of the County, as authorized by the 2007 Act, the 2018 Act and the Water and Sewer Act, for the purpose of financing the cost of certain public facilities and projects in Washington County and currently refunding portions of the outstanding 2013 Bonds and 2014 Bonds, all as described herein, which series of general obligation bonds are referred to in the Sections of this Resolution as the “Bonds.” The 2007 Act, the 2018 Act, the Water and Sewer Act and the Refunding Act are together referred to in this Resolution 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. (a) The County hereby determines that it is necessary to borrow money and incur indebtedness pursuant to the authority of the 2018 Act and the Water and Sewer Act, as applicable, to finance or reimburse the cost of the public facilities and the projects provided for in Section 2 hereof, including related costs of issuance as provided for in this Resolution. Pursuant to the authority of the 2018 Act and the Water and Sewer Act, as applicable, the County shall borrow on its full faith and credit the original aggregate principal amount of not to exceed $13,555,000 in order to provide funds to finance or reimburse the cost of the construction, improvement or development of certain public facilities in Washington County (within the 4 meaning of the 2018 Act) and to finance or reimburse the cost of certain projects (within the meaning of the Water and Sewer Act), as further described in Section 2 hereof, including related costs of issuance as provided for in this Resolution, and shall evidence such borrowing by the issuance of its general obligation bonds in the original aggregate principal amount not to exceed $13,555,000 (the “New Money Bonds” or, individually, each a “New Money Bond”). (b) Subject to the further provisions of this Resolution, the County hereby determines that it is desirable to borrow money and incur indebtedness pursuant to the authority of the 2007 Act and the Refunding Act to currently refund all or a portion of the maturities of the 2013 Bonds and the 2014 Bonds identified on Exhibit A hereto and to finance or reimburse related costs of issuance as provided for in this Resolution. The final maturities or portions of maturities of the 2013 Bonds and/or the 2014 Bonds to be so currently refunded, if any, will be determined prior to or upon the sale of the Refunding Bonds identified in this subsection (b) in accordance with the further provisions of this Resolution. Any such 2013 Bonds and any such 2014 Bonds that are finally determined to be currently refunded in accordance with the provisions of this Resolution are referred to herein collectively as the “Refunded Bonds.” The potential Refunded Bonds are the outstanding maturities of the 2013 Bonds and the 2014 Bonds maturing on or after July 1, 2025 as further described on Exhibit A hereto. Pursuant to the authority of the 2007 Act and the Refunding Act, the County has determined to borrow on its full faith and credit the original aggregate principal amount of not to exceed $15,000,000 in order to provide for the current refunding of the Refunded Bonds, including (to the extent provided herein) financing or reimbursing related costs of issuance, and shall evidence such borrowing by the issuance of its general obligation bonds in an original aggregate principal amount not to exceed $15,000,000 (the “Refunding Bonds” or, individually, a “Refunding Bond”). (c) Pursuant to the authority granted by the applicable Acts, the New Money Bonds and the Refunding Bonds authorized to be issued by this Section 1 shall be consolidated for sale and sold, issued and delivered as a single series of general obligation bonds in the original aggregate principal amount not to exceed $28,555,000, to be known as the “County Commissioners of Washington County Public Improvement and Refunding Bonds of 2024” (the “Bonds”), subject to the further provisions of this subsection (c). 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 currently refund all of the currently outstanding potential Refunded Bonds identified on Exhibit A hereto and to redeem such Refunded Bonds on a date no later than 45 days after the date of issuance of the Bonds. Notwithstanding such stated intention, in the event the Chief Financial Officer of the County (the “Chief Financial Officer,” who constitutes the Director of the Office of Budget and Finance for purposes of the code of public local laws of the County (the “County Code”), on behalf of the County, with the advice of the financial advisor to the County and bond counsel to the County, determines prior to the sale of the Bonds that legal or tax considerations or market conditions dictate that none of the potential Refunded Bonds should be refunded (including, without limitation, that sufficient savings cannot be obtained by currently refunding any portion of the potential Refunded Bonds), the Bonds shall not be issued for refunding purposes, the Bonds shall be issued with the designation of “County Commissioners of Washington County Public Improvement Bonds of 2024” in an original aggregate principal amount not to exceed $13,555,000, and the 2007 Act and the Refunding Act shall not serve as authority for the issuance of 5 the Bonds. Any such determination that no portion of the Bonds shall be issued for refunding purposes (i) shall be reflected in the Preliminary Official Statement provided for in Section 22 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 11 hereof if such determination is made after the release of such Preliminary Official Statement. (d) 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 from time to time prior to the sale of the Bonds to adjust the original aggregate principal amount of the Bonds provided for in Section 3 of this Resolution upward or downward (so long as such original aggregate principal amount, as adjusted, does not exceed $13,555,000 with respect to the New Money Bonds or $15,000,000 with respect to the Refunding Bonds), to eliminate one or more of the maturities of the Bonds provided for in Section 3 hereof and/or to adjust the original aggregate principal amounts of each maturity of the Bonds upward or downward, due to tax considerations with respect to the New Money Projects identified in Section 2 hereof, due to the availability of other funds for the New Money Projects or based on a decision of the Board made after this Resolution is adopted to reduce the proceeds of the Bonds to be applied to any New Money Projects, due to the availability of other funds to be applied to the current refunding of the Refunded Bonds, based on a determination that legal or tax considerations limit the County’s ability to refund a portion of the potential Refunded Bonds identified on Exhibit A hereto, based on a determination that sufficient savings cannot be achieved or the goals of the applicable Acts will not be met by refunding all or a portion of the potential Refunded Bonds identified on Exhibit A hereto, based on a determination that net original issue premium is expected to be available for application to the purposes of the Bonds, due to market considerations, and/or in order to restructure the amortization schedule for the Bonds to meet financial considerations impacting the County (including, but not limited to, maximizing debt service savings in any particular fiscal year or years with respect to the Refunded Bonds), and any such adjustment (i) shall be reflected in the Preliminary Official Statement provided for in Section 22 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 11 hereof if such determination is made after the release of such Preliminary Official Statement. (e) The final original aggregate principal amount of the Bonds, the final maturities of the Bonds, the final original aggregate principal amount of each maturity of the Bonds, and the determination as to the Refunded Bonds will be determined in accordance with an order or orders of the Chief Financial Officer delivered in conjunction with the award of the Bonds in accordance with the provisions of Section 12 hereof. (f) It is the stated intention of the Board that, to the extent available for such purpose, any net original issue premium resulting from the successful bidder’s bid for the Bonds available after accounting for the underwriter’s discount of the successful bidder for the Bonds payable from such net original issue premium (as adjusted if applicable) be allocated to the purposes contemplated in this Resolution, thereby reducing the par amount of the Bonds to be issued for such purposes. Any additional proceeds attributable to the fact that the Bonds must be issued in denominations of $5,000 and integral multiples thereof shall also be applied to the purposes 6 specified in this Resolution; provided that, any such additional proceeds allocated to the New Money Bonds shall be applied to costs of the New Money Projects or costs of issuance of the New Money Bonds other than the underwriter’s discount of the successful bidder for the Bonds, and any such additional proceeds allocated to the Refunding Bonds shall be allocated to costs of issuance of the Refunding Bonds other than the underwriter’s discount of the successful bidder for the Bonds. Costs of issuance of the Bonds, other than underwriter’s discount payable to the successful bidder for the Bonds from proceeds of net original issue premium, shall be paid by the County from funds on hand except to the extent provided in this paragraph. Section 2. Subject to adjustments made in connection with the sale of the Bonds (including as contemplated in Section 1 hereof or to provide for the application of net original issuance premium received in connection with the sale and issuance of the Bonds), the projects (“projects” shall be deemed to include the public facilities contemplated by the 2018 Act) and purposes on account of which the New Money Bonds are issued and the approximate maximum amount of the par value of proceeds of the New Money Bonds allocated to each class of projects are identified as follows (including costs of issuance to the extent provided for herein): Proceeds Use $ 4,210,000 Infrastructure Pro ects 1,850,000 Public Safet Pro ects 5,940,000 Educational Pro ects 1,555,000 Environmental Pro ects Such projects are identified in greater detail in materials submitted to the Board with this Resolution and are referred to herein as the “New Money Projects.” Notwithstanding the foregoing allocation, the County, without notice to or the consent of the registered owners of the Bonds may, subject to any limitations provided for in this Resolution, (i) allocate and reallocate the approximate amount of the par value of the proceeds of the New Money Bonds among the New Money Projects and (ii) allocate and reallocate any net original issue premium received by the County with respect to the sale of the New Money Bonds, to be spent among the New Money Projects (as such New Money Projects may be further identified in materials provided or available to the Board or in resolutions of the Board) provided for herein in compliance with applicable County budgetary procedures or applicable law. If the original aggregate par amount of the Bonds is reduced prior to or in connection with the sale of the Bonds as contemplated by this Resolution, such reduction and the allocation of any net original issue premium to the uses specified in the table above may be reflected in the certificate executed and delivered by authorized County officials in accordance with the provisions of Section 17 of this Resolution. In addition, without notice to or the consent of the registered owners of the Bonds, the County may reallocate the par amount or other proceeds of the New Money Bonds to projects not originally contemplated by this Resolution in accordance with the provisions of the applicable Acts and any other applicable law. Section 3. (a) The Bonds shall be dated their dated date and shall be issued in the denominations of $5,000 each or any integral multiple thereof. The Bonds shall bear interest from their dated date. Subject to the further provisions of this Section 3, interest on the Bonds shall be 7 payable on January 1, 2025 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 Bonds is referred to herein as an “Interest Payment Date.” Interest shall be calculated on a 30-day month/360-day year basis. (b) Subject to the provisions of this Resolution, the Bonds shall mature or be subject to mandatory sinking fund redemption as designated by the successful bidder for the Bonds, on July 1 of the years and in the amounts as follows: Year (Jul 1) Principal Amount Year (Jul 1) Principal Amount 2025 $1,455,000 2035 $605,000 2026 1,545,000 2036 635,000 2027 1,635,000 2037 670,000 2028 1,715,000 2038 710,000 2029 1,800,000 2039 740,000 2030 1,905,000 2040 775,000 2031 2,000,000 2041 805,000 2032 2,100,000 2042 840,000 2033 2,215,000 2043 875,000 2034 1,520,000 2044 910,000 Note: The amortization schedule set forth above is based on current market conditions as of the date this Resolution was submitted to the Board and assumes that the Bonds will be issued in the original aggregate principal amount of $25,455,000 (less than the maximum authorized original aggregate principal amount), the New Money Bonds portion of the Bonds will be issued in the original aggregate principal amount of $12,230,000 and the Refunding Bonds portion of the Bonds will be issued in the original aggregate principal amount of $13,225,000. The original aggregate principal amount of, and original aggregate principal amount of each maturity of, the Bonds, is subject to adjustment prior to sale as provided in Section 1 hereof and in the official Notice of Sale provided for in Section 11 hereof. In addition, the original aggregate principal amount of, and/or the original aggregate principal amount of each maturity of, the Bonds is subject to adjustment after receipt of bids in accordance with the provisions of the official Notice of Sale provided for in Section 11 hereof. The final original aggregate principal amount of the Bonds, as issued, shall not exceed $28,555,000, the final original aggregate principal amount of the Bonds allocated to the New Money Bonds shall not exceed $13,555,000, and the final original aggregate principal amount of the Bonds allocated to the Refunding Bonds shall not exceed $15,000,000. (c) The foregoing provisions of this Section 3 are also subject to the provisions of Sections 1, 11 and 12 hereof. (d) Subject to the provisions of Section 11 hereof, each 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 Bond authenticated after the Record Date (as hereinafter defined) for any Interest Payment Date, but 8 prior to such Interest Payment Date, shall bear interest from such Interest Payment Date. Interest on the Bonds shall be paid at the rate or rates named by the successful bidder for the Bonds in accordance with the terms of the official Notice of Sale hereinafter provided for. (e) The County hereby appoints Manufacturers and Traders Trust Company, a New York state banking corporation with trust powers, as bond registrar and as paying agent for the Bonds (the “Bond Registrar and Paying Agent”). (f) The principal of and interest on the Bonds shall be payable in such money of the United States of America as is lawful at the time of payment. (g) So long as the Bonds are maintained in Book-Entry Form (as hereinafter defined), payments of principal or redemption price of the Bonds shall be made as described in Section 5 hereof. At any other time, the principal or redemption price of each Bond shall be paid upon presentment and surrender of such Bond on the date such principal or redemption price 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. (h) Interest on each Bond shall be payable to the person in whose name such Bond is registered (the “Registered Owner”) on the registration books maintained for the 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 Bonds are maintained in Book-Entry Form, payment of interest on the Bonds shall be made as described in Section 5 hereof. At any other time, payment of the interest on each 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 Bonds (the “Bond Register”). “Business Day” means a day other than a Saturday, a 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. (i) The interest on any 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 Bond (or its predecessor 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 special 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 Bonds may be listed and upon such notice as may be required by such exchange. Section 4. The 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 9 transferred in accordance with the terms and conditions set forth in the Bonds. The Bonds shall be initially issued in the form of authenticated, fully registered Bonds in the aggregate principal amount of each separate maturity of the Bonds. Section 5. The provisions of this Section 5 shall apply to the Bonds so long as the 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 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 Bonds. (a) Upon initial issuance and delivery, one fully registered bond for the original aggregate principal amount of each maturity of the 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. (b) Transfer of ownership interests in the 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 Bonds (the “Beneficial Owners”). The Beneficial Owners will not receive certificates representing their ownership in the Bonds, except as hereafter provided. (c) The principal or redemption price (if any) of and interest on the Bonds shall be payable to the Depository, or registered assigns, as the registered owner of the Bonds, in same day funds on each date on which the principal or redemption price of (if any) or interest on the Bonds is due as provided for in this Resolution and in the 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. Without notice to or the consent of the holders of the Bonds, the County, the Bond Registrar and Paying Agent and the Depository may agree in writing to make payments of principal and interest 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 Bonds with another Depository or discontinue the maintenance of the 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 Bonds, or (B) the interests of the Beneficial Owners might be adversely affected by the continuation of the Book-Entry System (as hereinafter defined) with such Depository as the securities depository for the Bonds, or (ii) such Depository determines not to continue to act as a securities depository for the 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 10 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 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 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 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 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 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 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 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 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 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 Bonds. (g) For purposes of this Section 5, 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 Bonds may be transferred only through a book-entry and (ii) physical bond certificates 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 in the custody of the Bond Registrar and Paying Agent on 11 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 6. (a) The Bonds that mature on or before July 1, 2034 are not subject to redemption at the option of the County prior to their maturities. The Bonds that mature on and after July 1, 2035 shall be redeemable at the option of the County, in whole or in part, on any date on or after July 1, 2034, in any order directed by the County, at a redemption price of the principal amount of the Bonds (or portions thereof) to be redeemed, plus accrued interest on the principal amount being redeemed to the date fixed for redemption, without premium or penalty. The particular maturities or portions of maturities of the Bonds to be so redeemed shall be determined in the sole discretion of the County. (b) The provisions relating to the optional redemption of the Bonds and the mandatory sinking fund redemption of the Bonds (if applicable) are provided for in the form of Bond set forth in Section 8 hereof. (c) Notwithstanding any provisions contained herein, during any period in which the Bonds are maintained pursuant to a Book-Entry System, redemption of the Bonds shall occur in accordance with the Depository’s standard procedures for redemption of obligations such as the Bonds. (d) The provisions of this Section 6 are also subject to the provisions of Section 11 hereof. Section 7. The Bonds, when issued, shall be executed in the name of the County by the President or the Vice President of the Board, by manual or facsimile signature. The seal of, or a facsimile of the seal of, the County shall be impressed, affixed or imprinted on the Bonds, and the Bonds shall be attested by the County Clerk, by manual or facsimiles signature. The Bonds shall be authenticated by the Bond Registrar and Paying Agent, by manual signature. The provisions of this paragraph are subject to the provisions of Section 24(c) and (d) of this Resolution. In the event any official of the County whose signature shall appear on any Bond described in this Resolution shall cease to be such official prior to the delivery of said Bond, his or 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 Bonds the text of or a copy of the approving legal opinion of Bond Counsel with respect to the 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 such opinion as delivered to the County on the date of delivery of the Bonds to the original purchasers thereof. 12 Section 8. The 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 NEXT PAGE] 13 (Form of Face of 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 the Bonds, as appropriate. UNITED STATES OF AMERICA STATE OF MARYLAND COUNTY COMMISSIONERS OF WASHINGTON COUNTY PUBLIC IMPROVEMENT [AND REFUNDING] BOND OF 2024 No. - $ Annual Interest Rate Maturit Date Bond Date CUSIP Numbe Jul 1, 20 , 2024 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 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, 2025 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 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. 14 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 Manufacturers and Traders Trust Company, as the bond registrar and as the paying agent (such entity, or its successors or assigns, 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 special 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, a 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, a 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 Public Improvement [and Refunding] Bonds of 2024” (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. R-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 (Jul 1) Principal Amount Interest Rate Maturing (Jul 1) Principal Amount Interest Rate [(1) Denotes maturity date of a term bond.] [AMORTIZATION SCHEDULE FOR THE BONDS TO BE COMPLETED FOLLOWING PRICING] 15 [Include the following for each maturity constituting a term bond only to extent the successful bidder for the Bonds designates term bonds--The Bonds maturing on July 1, _____ 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: Principal Amount of Mandatory Sinking Redemption Date Fund Installment ______ * Final maturity.] The Bonds that mature on or before July 1, 2034 are not subject to redemption at the option of the County prior to their respective maturities. The Bonds that mature on and after July 1, 2035 are subject to redemption at the option of the County, in whole or in part, on any date on or after July 1, 2034, in any order of maturity directed by the County, at a redemption price of the principal amount of the Bonds (or portions thereof) to be redeemed, plus accrued interest on the principal amount being redeemed to the date fixed for redemption, without premium or penalty. If fewer than all of the Bonds of any one maturity shall be called for 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 redemption. If all or a portion of the Bonds outstanding are to be redeemed, 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 in whole or in part and, if in part, the maturities, numbers, interest rates and CUSIP numbers of the Bonds to be 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 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 redemption. 16 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 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 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 redemption in whole or in part, 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 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 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 --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 5 of the Resolution, in the event that part, but not all, of this bond shall be called for redemption, payments of principal and interest on this bond shall be made, and notice of defaulted interest on this bond or redemption of this bond shall be given, as required by the rules or operational arrangements of such Depository, and 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 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 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 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. 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 17 USE HEREOF FOR VALUE 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,] Chapter 99 of the Laws of Maryland of 2018[,] [and] 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-2024-__ of the Board of County Commissioners of the County adopted on _____________, 2024 (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 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, 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 giving of notice calling such Bond or portion thereof for redemption; provided, however, that this limitation shall not apply to any portion of a Bond which is not being called for 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. 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. 18 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][Administrator], and has also caused its corporate seal to be affixed or imprinted hereon. (SEAL) ATTEST: COUNTY COMMISSIONERS OF WASHINGTON COUNTY By:____________________ By:______________________________________ County [Clerk][Administrator] [Vice] President, Board of County Commissioners of Washington County 19 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 Public Improvement [and Refunding] Bonds of 2024”. MANUFACTURERS AND TRADERS TRUST COMPANY, as Bond Registrar and Paying Agent By: ____________________________________________ Authorized Signatory 20 PAYMENT GRID Date of Principal Principal Holder Payment Amount Paid Amount Outstanding Signature __________ ____________ _________________ ______________ __________ ____________ _________________ ______________ __________ ____________ _________________ ______________ __________ ____________ _________________ ______________ __________ ____________ _________________ ______________ __________ ____________ _________________ ______________ __________ ____________ _________________ ______________ __________ ____________ _________________ ______________ __________ ____________ _________________ ______________ __________ ____________ _________________ ______________ __________ ____________ _________________ ______________ __________ ____________ _________________ ______________ __________ ____________ _________________ ______________ 21 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 22 IT IS HEREBY CERTIFIED that the following is [the text of] [a true and correct copy 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 Bond) [CONTINUED ON NEXT PAGE] 23 Section 9. The President or the Vice President of the Board shall be and is hereby authorized to make such changes in the form of bond set forth in Section 8 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 Bond provided for in Section 8 hereof, to reflect matters determined in accordance with other Sections of this Resolution, 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, with the advice of the financial advisor to the County, to be in the best interest of the County. The execution of the Bonds by such officer shall be conclusive evidence of the approval by the County of all changes in the form of the Bonds and of the due execution of the Bonds by the County. Section 10. No 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 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 Bond shall be conclusive evidence that such Bond has been authenticated and delivered under this Resolution. The Bond Registrar and Paying Agent’s certificate of authentication on any 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 Bonds issued hereunder. Section 11. The 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 22 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. The substantially final form of the Notice of Sale is Appendix C to the substantially final form of the Preliminary Official Statement provided to the Board with this Resolution. Electronic bids for the Bonds shall be received by the Chief Financial Officer on May 29, 2024, subject to the further provisions of this Section 11. The Chief Financial Officer shall be and is hereby authorized to make such changes in the form of Notice of Sale set forth as Appendix C to 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 or 3 hereof or this Section 11) 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, (i) modifying or limiting the manner in which the issue price of the Bonds will be determined, (ii) modifying or limiting the premium payable by a bidder for the Bonds, (iii) modifying the manner of adjusting the amortization schedule for the Bonds pre- or post-sale, (iv) adding, modifying or eliminating any maximum interest rate for the Bonds, (v) adding, modifying or eliminating any stated maximum spread between the lowest and highest 24 interest rates eligible to be bid by a bidder, or (vi) modifying the amount of or method of delivery for the good faith deposit. 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 Bonds and the maturities thereof in the manner and in accordance with Sections 1 or 3 hereof and this Section 11 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 and hereof, 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 Bonds, and to make such adjustments to the official Notice of Sale in the manner provided for therein as the Chief Financial Officer 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 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 Bonds to take full advantage of shifts in market conditions, the Board 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 May 29, 2024, and to reschedule said sale without publishing a new Notice of Sale or advertisement, if (i) the financial advisor to the County has advised the Chief Financial Officer that market conditions or other scheduling considerations are such that it is in the best interest of the County to do so, and (ii) the Chief Financial Officer 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 reschedule the date of delivery of the Bonds, which is currently scheduled for June 12, 2024. If the sale is postponed to a date later than June 30, 2024, the Chief Financial Officer may also change the dated date of the Bonds (and hence the date from which interest shall accrue), the dates of the semi-annual interest payments and annual principal payments, the optional redemption dates, 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 form of the Preliminary Official Statement presented to the Board, and the terms, provisions and conditions set forth in the final form of the Notice of Sale provided for herein are hereby adopted and approved as the terms, provisions and conditions under which the Bonds shall be sold, issued and delivered at public sale. 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 the provisions 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 the Notice of Sale, as well as the Preliminary Official Statement hereinafter authorized. The Chief Financial 25 Officer or the Chief Financial Officer’s 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 l2. After accessing the electronic bids for the Bonds, and in accordance with the terms and conditions of the sale of the 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 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 official Notice of Sale), fixing the interest rate or rates payable on the Bonds based on the successful bidder’s bid for the Bonds, and/or determining the Refunded Bonds, all within the limitations set forth in or provided for in this Resolution, unless the Chief Financial Officer determines to reject all bids for the Bonds (any such rejection also to be made by order of the Chief Financial Officer), as applicable. The order or orders of the Chief Financial Officer shall be delivered following receipt of the good faith deposit for the Bonds provided for in the official Notice of Sale. 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 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 or provide for the indication of any preliminary or final award, or any rejection of all bids, with respect to the 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 Bonds are so rejected by the Chief Financial Officer, the 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 13. Expenses relating to the issuance and sale of the Bonds, including, without limitation, the cost of printing the Bonds and advertising their sale and the fees and expenses of legal counsel and the financial advisor to the County, shall be paid from other funds available to the County, subject to the provisions of Section 1(f) of this Resolution; provided that, the underwriter’s discount of the successful bidder for the Bonds shall be paid from net original issue premium resulting from the sale of the Bonds. In the event the date of the Bonds is adjusted in accordance with Section 11 hereof to be a date other than the date of delivery of the Bonds, any accrued interest received on the sale of the Bonds shall be applied to the first interest payment on the Bonds. Any net original issue premium received from the sale of the Bonds shall be applied after payment of the underwriter’s discount of the successful bidder for the Bonds to the purposes provided for in this Resolution as shall be determined by the Chief Financial Officer with the assistance of the financial advisor to the County and bond counsel to the County, subject to any applicable limits of the Internal Revenue Code of 1986, as amended (the “Code”) or other applicable law. After providing for payment of underwriter’s discount from net original issue premium, and making any such provision for accrued interest, if applicable, the balance of the proceeds of the sale of the Bonds shall be deposited in a separate account or accounts to be used as described in this Resolution for the purpose of financing or reimbursing the cost of the New 26 Money Projects and, to the extent applicable, currently refunding the finally determined Refunded Bonds. Any proceeds of the Bonds not required for the purposes stated in Section 2 hereof 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 Bonds held by the County in such manner as may be permitted by law; provided, however, that no such investment shall be made which would cause the Bonds to be “arbitrage bonds” within the meaning of the Code and the treasury regulations with respect thereto. Section 14. (a) The portion of the proceeds of the Bonds issued to provide funds to currently refund any of the Refunded Bonds that constitute 2013 Bonds and/or 2014 Bonds, together with any other funds available for such purpose, shall be paid to and held by Manufacturers and Traders Trust Company, the paying agent and bond registrar for the 2013 Bonds and the 2014 Bonds, as escrow deposit agent, as further described in this Section 14. (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 Bonds to be applied to currently refunding the Refunded Bonds as described in the subsection (a) of this Section 14 shall be deposited with such escrow deposit agent, invested in accordance with the provisions of this Section 14 and the further provisions of this Resolution, and applied to the payment and redemption of the Refunded Bonds in accordance with Section 16 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 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, 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 redemption date 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 14. (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. 27 (e) To the extent any portion of the net original issue premium payable by the successful bidder for the Bonds is to be applied to pay costs of issuance of the Bonds, such portion shall be held by the County. Section 15. In the event any portion of the Bonds is issued for the purpose of currently refunding the Refunded Bonds, prior to the delivery of and payment for the 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 14 hereof, together with investment earnings thereon and any cash held uninvested, will be sufficient to redeem any Refunded Bonds on the redemption date selected in accordance with Section 16 hereof at a redemption price of 100% of the principal amount thereof, together with accrued interest thereon, and to pay interest on such Refunded Bonds when due to and including such date 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 The Arbitrage Group, Inc. but may be any other qualified verification consultant selected in accordance with the provisions of this Section 15). Section 16. Conditional only upon the delivery of and payment for the Bonds for current refunding purposes as described in this Resolution, the County hereby specifically and irrevocably elects to redeem the finally determined Refunded Bonds on a date to be selected by the Chief Financial Officer, with the input of the financial advisor to the County and bond counsel to the County, which date shall be no later than 45 days after the date of issuance of the Bonds 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 date fixed for redemption, and hereby directs the paying agent for the Refunded Bonds, not fewer than 30 days before the date fixed for redemption, to cause a notice of redemption substantially in the form of Exhibit C hereto to be given to all registered owners of the Refunded Bonds at their addresses as they appear on the registration book provided for the Refunded Bonds; provided that, failure to so give such notice shall not affect the validity of the proceedings for redemption. Assuming the date of issuance of the Bonds remains June 12, 2024, the anticipated date fixed for redemption of the Refunded Bonds is July 12, 2024, but the Chief Financial Officer may select any other date for redemption of the Refunded Bonds subject to, and in accordance with, the limitations provided for in, this Section 16. In addition, the Chief Financial Officer is hereby authorized to cause a conditional notice of redemption of the Refunded Bonds to be given. Section 17. (a) On the date of issuance of the Bonds, the President or the Vice President of the Board, together with the Chief Financial Officer, shall be responsible for the execution and delivery to counsel rendering an opinion on the validity of the Bonds of a certificate of the County which complies with the requirements of Section 103 and Sections 141 through 150, inclusive, of the Code and the applicable regulations thereunder. Such officials are hereby authorized, on behalf of the County, to make in such certificate any elections, determinations or designations authorized or required by the Code and the applicable regulations thereunder. 28 (b) The County shall set forth in said certificate its reasonable expectations as to relevant facts, estimates and circumstances relating to the use of the proceeds of the Bonds, or of any moneys, securities or other obligations which may be deemed to be proceeds of the Bonds pursuant to Section 148 of the Code or the said regulations (collectively, the “Bond Proceeds”). The County covenants with each of the holders of any of the Bonds that the facts, estimates and circumstances set forth in the said certificate will be based on the County’s reasonable expectations on the date of issuance of the Bonds and will be, to the best of the knowledge of the persons executing such certificate, true, correct and complete as of that date. The County may also set forth in such certificate any adjustment in the par amount of the Bonds as issued from the amount provided for in Section 3 of this Resolution and provide for any net original issue premium to be applied to the New Money Projects and to the current refunding of the Refunded Bonds, if applicable, due to adjustments in the final par amount of the Bonds contemplated by this Resolution. (c) The County covenants with each of the holders of any of the Bonds that it will not use, or permit the use of any of, the Bond Proceeds or any other funds of the County, directly or indirectly, to acquire any securities or obligations, and will not take or permit to be taken or fail to take any other action or actions which would cause any of the Bonds to be an “arbitrage bond” within the meaning of said Section 148 and said regulations or that would otherwise cause the interest on the Bonds to be includable in gross income of the holders of the Bonds for federal income tax purposes. (d) The County further covenants that it will comply with said Section 148 and said regulations and such other requirements of the Code which are applicable to the Bonds on the date of issuance of the Bonds and which may subsequently lawfully be made applicable to the Bonds. (e) The County will hold and shall invest Bond Proceeds within its control (if such proceeds are invested) in accordance with the expectations of the County set forth in said certificate. (f) The County shall make timely payment of any rebate amount or payment in lieu thereof (or installment thereof) required to be paid to the United States of America in order to preserve the exclusion from gross income for purposes of federal income taxation of interest on the Bonds and shall include with any such payment such other documents, certificates or statements as shall be required to be included therewith under then applicable law and regulations. (g) The President or the Vice President of the Board, together with the Chief Financial Officer, may execute a certificate or certificates supplementing or amending said certificate, and actions taken by the County subsequent to the execution of such certificate shall be in accordance with said certificate as amended or supplemented; provided, however, that the County shall execute any such certificate only upon receipt by it of an opinion of bond counsel to the County addressed to the County to the effect that actions taken by the County in accordance with the amending or supplementing certificate will not adversely affect the exclusion from gross income for federal income taxation purposes of interest on the Bonds. 29 (h) The County shall retain such records as necessary to document the investment and expenditure of Bond Proceeds, the uses of Bond Proceeds and of the New Money Projects as well as the projects the costs of which were originally financed or reimbursed from the Refunded Bonds, together with such other records as may be required by the tax certificate or the Internal Revenue Service in order to establish compliance with requirements of the Code and the regulations thereunder as conditions to the exclusion of interest on the Bonds from federal gross income taxation. Section 18. For the purposes of paying the interest on and principal of the 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 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 Bonds coming due in each such year and to pay the principal of the 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 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 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 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 Code limitations, the County may apply to the payment of the principal of and interest on any of the 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. Section 19. If any 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 Bond in exchange for the mutilated Bond or in lieu of and substitution for the 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 Bond. Upon the issuance of any 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, shipping charges and insurance, and any other expenses, including counsel fees of the County or the Bond Registrar and Paying Agent. If any Bond which has 30 matured or is about to mature shall become mutilated or be destroyed, lost or stolen, instead of issuing a Bond in exchange or substitution therefor, the County may pay or authorize the payment of such Bond (without surrender thereof except in the case of a mutilated 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 Bond. Section 20. Each 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 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 21. It is hereby determined that the bonded indebtedness previously issued by the County pursuant to the authority of the 2018 Act is a $514,278 principal portion of the County’s Public Improvement Bonds of 2019, a $9,060,000 principal portion of the County’s Public Improvement Bonds of 2020, a $10,785,626 principal portion of the County’s Public Improvement Bonds of 2021, a $9,280,000 principal portion of the County’s Public Improvement Bonds of 2022, and a $11,360,000 principal portion of the County’s Public Improvement Bonds of 2023. Section 22. (a) The County hereby approves the Preliminary Official Statement relating to the Bonds (the “Preliminary Official Statement”) substantially in the form presented to the Board with this Resolution. The President of the Board and the Chief Financial Officer, with the advice of bond counsel to the County or the financial advisor to the County to the extent applicable, are hereby authorized and empowered to make edits to the form of the Preliminary Official Statement presented to the Board prior to the release of the Preliminary Official Statement, including, without limitation, to (i) disclose anticipated impacts on the County’s fiscal year 2024 or fiscal year 2025 budgets, (ii) reflect details regarding the funds received by the County under the American Rescue Plan Act of 2021, (iii) reflect the provisions of or to conform to the provisions of this Resolution, (iv) reflect changes dictated by the terms of the official Notice of Sale, (v) correct inaccuracies or to provide clarifications, (vi) include therein other information that is more recent than the information contained in the form of the Preliminary Official Statement presented to the Board, and (vii) make formatting edits. On behalf of the County, the President of the Board and the Chief Financial Officer shall deem the final form of the Preliminary Official Statement to be final for purposes of Rule 15c2-12 of the Securities and Exchange Commission, subject to revision, completion and amendment in the final Official Statement in accordance with such Rule 15c2-12. The County authorizes the distribution of said Preliminary Official Statement in connection with its solicitation of bids for the sale of the Bonds. (b) The County hereby approves the Official Statement for the Bonds 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 supplied by the successful bidder for the Bonds. The execution of the Official Statement by the President of the Board shall be conclusive evidence of the approval 31 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 Bonds. (c) 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. (d) 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. (e) Any signature of the President of the Board and/or the Chief Financial Officer with respect to the Preliminary Official Statement or the Official Statement may be made in facsimile or indicated by other customary signature convention rather than by manual signature. Section 23. In order to assist any Participating Underwriter (as hereafter defined) for the 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 with respect to the Bonds; 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 Bonds executed by the County and dated the date of issuance and delivery of the 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 the Vice President of the Board. “Participating Underwriter” shall have the meaning ascribed thereto in Securities and Exchange Commission Rule 15c2-12. Section 24. (a) The President and the Vice President of the Board, the County Administrator, 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 Bonds. The President and the Vice President of the Board, the County Administrator, 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 32 required of them by the provisions hereof and of the Bonds for the full, punctual, and complete performance of all of the terms, covenants, provisions and agreements of this Resolution and the Bonds. (b) References in this Resolution to any official by title shall be deemed to refer (i) to any official authorized under 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) In the event the position of the County Clerk is vacant or in the absence, disability or unavailability of the County Clerk, and if no other official has authority pursuant to the provisions of subsection (b) above to attest to the impression, affixing or imprinting of the County seal on the Bonds or any instruments, documents or certificates relating to the Bonds, pursuant to the authority of Resolution No. RS-23-13 adopted by the Board on April 4, 2023, the County Administrator shall attest to the impression, affixing or imprinting of the County seal on the Bonds and on any instruments, documents or certificates relating to the Bonds providing for such attestation. In addition, pursuant to Section 1-104(c)(7) of the County Code, in the event the position of the County Clerk is vacant or in the absence, disability or unavailability of the County Clerk, and if no other official has applicable authority pursuant to the provisions of subsection (b) above, the Board hereby assigns to the County Administrator or to the County Administrator’s designee the power to certify as to, or to make representations as to, matters in any instruments, documents or certificates relating to the Bonds that are typically made by the County Clerk with respect to County obligations in the nature of the Bonds. (d) Notwithstanding any references in this Resolution to manual or facsimile 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 25. The provisions of this Resolution shall be liberally construed in order to effectuate the transactions contemplated by this Resolution. [CONTINUED ON FOLLOWING PAGE] 33 Section 26. This Resolution shall take effect from the date of its adoption. Adopted this _______________ day of __________________, 2024. (SEAL) ATTEST: COUNTY COMMISSIONERS OF WASHINGTON COUNTY __________________________ By:_____________________________ Dawn L. Marcus, County Clerk John F. Barr, President Board of County Commissioners of Washington County Approved as to form and legal sufficiency: __________________________ Zachary Kieffer County Attorney Mail to: Office of the County Attorney 100 W. Washington Street, Suite 1101 Ha erstown, MD 21740 A-1 EXHIBIT A Refunded Bonds* County Commissioners of Washington County Public Improvement Bonds of 2013* The 2013 Bonds identified below are subject to redemption at the option of the County in whole or in part at any time on or after July 1, 2023 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 Jul 1 Principal Amount Interest Rate CUSIP 2025 $620,000 3.000% 937751 2N4 2026 635,000 3.000 937751 2P9 2027 655,000 3.000 937751 2Q7 2028 675,000 3.000 937751 2R5 2029 695,000 3.000 937751 2S3 2030 720,000 3.000 937751 2T1 2031 740,000 3.000 937751 2U8 2032 765,000 3.000 937751 2V6 2033 785,000 3.000 937751 2W4 * Preliminary, subject to adjustment based on market conditions at or prior to the time of sale; listed bonds are the outstanding 2013 Bonds that mature on or after July 1, 2025; the County is not currently refunding the 2013 Bonds that mature on July 1, 2024. [CONTINUED ON FOLLOWING PAGE] A-2 County Commissioners of Washington County Public Improvement Bonds of 2014* The 2014 Bonds identified below are subject to redemption at the option of the County in whole or in part at any time on or after July 1, 2024 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 Jul 1 Principal Amount Interest Rate CUSIP 2025 $695,000 3.000% 937751 4C6 2026 725,000 3.000 937751 4D4 2027 755,000 3.500 937751 4E2 2028 785,000 3.500 937751 4F9 2029 815,000 3.500 937751 4G7 2030 850,000 3.750 937751 4H5 2031 885,000 3.750 937751 4J1 2032 920,000 4.000 937751 4K8 2033 960,000 4.000 937751 4L6 2034 995,000 4.000 937751 4M4 * Preliminary, subject to adjustment based on market conditions at or prior to the time of sale; listed bonds are the outstanding 2014 Bonds that mature on or after July 1, 2025; the County is not currently refunding the 2014 Bonds that mature on July 1, 2024. B-1 EXHIBIT B Form of Advertisement SUMMARY NOTICE OF BOND SALE $_______________* WASHINGTON COUNTY, MARYLAND (County Commissioners of Washington County) Public Improvement [and Refunding] Bonds of 2024 NOTICE IS HEREBY GIVEN that County Commissioners of Washington County (the “County”) will receive electronic bids only via the applicable service of BiDCOMP/Parity®/www.i-dealprospectus.com for the purchase of the above-referenced general obligation bonds (the “Bonds”) on Wednesday, May 29, 2024 until 10:15 a.m. prevailing Eastern time. The 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, 2025, until maturity or, to the extent applicable, prior redemption in whole of any Bond, and will be issuable in denominations of $5,000 each or multiples thereof. Principal of the Bonds will be payable on July 1 in each year determined in connection with the sale of the Bonds, unless redeemed in whole prior to final maturity. The Bonds will be issued in book-entry only form. The original aggregate principal amount of the Bonds, and the original aggregate principal amount of each maturity of the Bonds, is subject to adjustment both pre- and post-sale as set forth in the Preliminary Official Statement for the Bonds and the official Notice of Sale. In addition, the principal and interest payment dates and optional redemption dates are subject to adjustment pre-sale as set forth in the Preliminary Official Statement and the official Notice of Sale. The final original aggregate principal amount of the Bonds will not exceed $28,555,000, the final original aggregate principal amount of the Bonds issued for new money purposes will not exceed $13,555,000, and the final original aggregate principal amount of the Bonds issued for current refunding purposes will not exceed $15,000,000. Any bid for the 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 Bonds. The sale of the 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. [CONTINUED ON FOLLOWING PAGE] B-2 John F. Barr, President Board of County Commissioners of Washington County, Maryland * Preliminary, subject to adjustment at or prior to time of sale, as applicable. Dated: _______________, 2024 [TO BE PUBLISHED AT LEAST 10 DAYS PRIOR TO DATE OF SALE] C-1 EXHIBIT C Form of Notice of Redemption 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 each series of the Refunded Bonds as appropriate. A separate notice of redemption will be given with respect to each series of the Refunded Bonds. NOTICE OF REDEMPTION COUNTY COMMISSIONERS OF WASHINGTON COUNTY [PUBLIC IMPROVEMENT BONDS OF 2013 Dated May 16, 2013] [PUBLIC IMPROVEMENT BONDS OF 2014 Dated May 20, 2014] NOTICE IS HEREBY GIVEN of the election by County Commissioners of Washington County to redeem on ____________, 2024, $____________________ aggregate principal amount of its outstanding County Commissioners of Washington County Public Improvement Bonds [of 2013][of 2014] stated to mature and bearing interest as follows: [TABLE TO BE EDITED AS APPLICABLE FOR ANY REFUNDED BONDS THAT CONSTITUTE 2013 BONDS: Maturing Jul 1 Principal Amount Interest Rate CUSIP 2025 $620,000 3.000% 937751 2N4 2026 635,000 3.000 937751 2P9 2027 655,000 3.000 937751 2Q7 2028 675,000 3.000 937751 2R5 2029 695,000 3.000 937751 2S3 2030 720,000 3.000 937751 2T1 2031 740,000 3.000 937751 2U8 2032 765,000 3.000 937751 2V6 2033 785,000 3.000 937751 2W4] C-2 [TABLE TO BE EDITED AS APPLICABLE FOR ANY REFUNDED BONDS THAT CONSTITUTE 2014 BONDS: Maturing Jul 1 Principal Amount Interest Rate CUSIP 2025 $695,000 3.000% 937751 4C6 2026 725,000 3.000 937751 4D4 2027 755,000 3.500 937751 4E2 2028 785,000 3.500 937751 4F9 2029 815,000 3.500 937751 4G7 2030 850,000 3.750 937751 4H5 2031 885,000 3.750 937751 4J1 2032 920,000 4.000 937751 4K8 2033 960,000 4.000 937751 4L6 2034 995,000 4.000 937751 4M4] [Note: If the bonds of any maturity 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.] The above CUSIP numbers are included solely for the convenience of the holders of the [maturities of the] bonds indicated above as being refunded [in whole or in part]. The undersigned Bond Registrar Paying Agent is not responsible for the selection or use of CUSIP numbers nor does the Bond Registrar and 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 constitute [all][a portion of] the outstanding bonds of such series maturing on and after July 1, 2025. The above bonds called for redemption will become due and will be redeemed on ____________, 2024 (the “Redemption Date”), at the redemption price of 100% of the principal amount thereof, together with interest accrued 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 thereon 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 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] C-3 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: __________________, 2024 COUNTY COMMISSIONERS OF WASHINGTON COUNTY By: Manufacturers and Traders Trust Company, as Bond Registrar and Paying Agent Instructions to Bond Registrar and Paying Agent for the [2013][2014] Bonds. The foregoing notice shall be completed and given to the holders of the bonds being redeemed at least 30 days prior to the date fixed for redemption, as provided in the Resolution authorizing the issuance of the County’s [2013][2014] Bonds; provided that, the failure to so give this notice shall not affect the validity of the proceedings for redemption. PRELIMINARY OFFICIAL STATEMENT DATED MAY 16, 2024 New Issue-Book-Entry Only In the opinion of Bond Counsel, assuming continuous compliance with certain covenants described herein, under existing law, the interest on the Bonds will be excludable from gross income for purposes of federal income taxation under Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”). Interest on the Bonds is not includable in the alternative minimum taxable income of individuals as an enumerated item of tax preference or other specific adjustment for federal income tax purposes; however, interest on the Bonds will be part of the adjusted financial statement i ncome in computing the alternative minimum tax on applicable corporations. Interest on the Bonds may be subject to the branch profits tax imposed on foreign corporations engaged in a trade or business in the United States of America. It is also the opinion of Bond Counsel that, under existing law, the Bonds, their transfer, the interest payable thereon, and any income derived therefrom (including any profit made in the sale thereof) shall be at all times exempt from State of Maryland (the “State”), county, municipal, or other taxation of every kind and nature whatsoever within the State, but no opinion is expressed as to Maryland estate or inheritance taxes or any other Maryland taxes not levied directly on the Bonds, their transfer, the interest thereon or the income therefrom. See the information contained herein under the caption “THE BONDS—Tax Matters”. $25,455,000* WASHINGTON COUNTY, MARYLAND (COUNTY COMMISSIONERS OF WASHINGTON COUNTY) PUBLIC IMPROVEMENT AND REFUNDING BONDS OF 2024 Dated: Date of delivery Due: July 1, as shown below Interest Payable: January 1 and July 1 First Interest Payment Due: January 1, 2025 Denominations: $5,000 and integral multiples of $5,000 Form: Registered, book-entry only through the facilities of The Depository Trust Company (“DTC”) Optional Redemption: The Bonds maturing on or after July 1, 2035 are redeemable prior to maturity at the option of the County as set forth in “THE BONDS—Redemption—Optional Redemption” herein. Security: The Bonds are general obligations of County Commissioners of Washington County (the “County”) for the payment of which its full faith and credit and unlimited taxing power are pledged (see “THE BONDS—Sources of Payment” herein). Maturing Principal Interest Maturing Principal Interest July 1*Amount*Rate**July 1*Amount*Rate** 2025 1,455,000$ 2035 605,000$ 2026 1,545,000 2036 635,000 2027 1,635,000 2037 670,000 2028 1,715,000 2038 710,000 2029 1,800,000 2039 740,000 2030 1,905,000 2040 775,000 2031 2,000,000 2041 805,000 2032 2,100,000 2042 840,000 2033 2,215,000 2043 875,000 2034 1,520,000 2044 910,000 Yield**CUSIP Yield**CUSIP MATURITIES, PRINCIPAL AMOUNTS, INTEREST RATES, YIELDS, AND CUSIPS Public Improvement and Refunding Bonds of 2024 County Commissioners of Washington County $25,455,000* **The interest rates and yields shown above are those resulting from the successful bid for the Bonds on ______, 2024 and were furnished by the successful bidder therefor. Other information concerning the terms of the reoffering of the Bonds, if any, should be obtained from the successful bidder for the Bonds and not from the County. (See “MISCELLANEOUS—Sale at Competitive Bidding” herein.) Conditions Affecting Issuance: The Bonds are offered when, as and if issued, subject to, among other conditions, the delivery of the Bonds and the approving legal opinion of Funk & Bolton, P.A., Bond Counsel, with respect thereto and other conditions specified in the official Notice of Sale. Delivery will occur thro ugh the facilities of DTC on or about June 12, 2024. This cover page contains certain information for quick reference only. It is not a summary of this issue. Prospective investors must read the entire Official Statement to obtain information essential to the making of an informed investment decision. Dated: __________, 2024 _____________________ *Preliminary, subject to change RATINGS No dealer, broker, salesman or other person has been authorized by the County or the successful bidder for the Bonds to give any information or to make any representations with respect to the Bonds or the County other than those contained in this Official Statement, and, if given or made, such other information or representations must not be relied upon as having been authorized by either of the foregoing. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy, nor shall there be any sale of the Bonds by any person in any jurisdiction in which it is unlawful for such person to make such offer, solicitation or sale. The information set forth herein has been obtained from the County and other sources which are deemed to be reliable, but it is not to be construed as a representation by the County as to information from sources other than the County. This Official Statement is not to be construed as a contract or agreement between the County and the purchasers or holders of any of the Bonds. All quotations from and summaries and explanation of provisions of laws and documents herein do not purport to be complete and reference is made to such laws and documents for full and complete statements of their provisions. Any statements made in this Official Statement involving estimates or matters of opinion, whether or not expressly so stated, are intended merely as estimates or opinions and not as representations of fact. The information and expressions of opinion herein are subject to change without notice and neither the delivery of this Official Statement nor any sale of the Bonds shall, under any circumstances, create any implication that there has been no change in the affairs of the County since the respective dates as of which information is given herein or the date hereof. In connection with this offering and subject to any applicable limitations, the successful bidder for the Bonds may over-allot or effect transactions that stabilize or maintain the market price of the Bonds at a level above that which might otherwise prevail in the open market. Such stabilizing, if commenced, may be discontinued at any time. CUSIP is a registered trademark of the American Bankers Association. CUSIP data herein is provided by CUSIP Global Services, which is managed on behalf of the American Bar Association by FactSet Research Systems, Inc., and the County does not take any responsibility for the accuracy thereof. The CUSIP number for any specific maturity is subject to change after issuance of the Bonds in certain circumstances. The County has not agreed to, and there is no obligation to, update this Official Statement to reflect any change or correction in the assigned CUSIP numbers set forth on the cover page of this Official Statement. The use of CUSIP numbers in this Official Statement is not intended to create a database and does not serve in any way as a substitute for CUSIP Global Services’s information. WASHINGTON COUNTY, MARYLAND ADMINISTRATION BUILDING 100 WEST WASHINGTON STREET HAGERSTOWN, MARYLAND 21740 COUNTY COMMISSIONERS John F. Barr, President Jeffrey A. Cline, Vice President Wayne K. Keefer, Commissioner Randall E. Wagner, Commissioner Derek J. Harvey, Commissioner ADMINISTRATION Michelle A. Gordon, County Administrator Dawn L. Marcus, County Clerk Kelcee G. Mace, Chief Financial Officer Zachary Kieffer, Esquire, County Attorney COUNTY TREASURER R. Matthew Breeding FINANCIAL ADVISOR Davenport & Company LLC Towson, Maryland BOND COUNSEL Funk & Bolton, P.A. Baltimore, Maryland INDEPENDENT AUDITOR SB & Company, LLC Hunt Valley, Maryland BOND REGISTRAR AND PAYING AGENT AND ESCROW DEPOSIT AGENT Manufacturers and Traders Trust Company Baltimore, Maryland and Buffalo, New York Page Page I.THE BONDS IV.FINANCIAL INFORMATION Introduction………………........………………………………………1 Accounting System……………………………………….....................33 Description of Bonds…………………………………………….................1 Fund Structure…………………………………………..…..................33 DTC and Book-Entry Only System………………………………............2 Basis of Accounting, Measurement Focus, and Financial Book-Entry Only System—Miscellaneous………………………..........3 Statement Presentation….……………………….…................................33 Authorization……………………………………………………...............4 Accounting Enterprise System….………………….…......................33 Application of Proceeds…………………….…….………………...........4 Capital Budget Preparation Software……………………................34 Refunding Plan………………….…………….……….........5 Budget Process and Schedule……………...……….……….............34 Redemption…………….………………….…………….……….............5 General Fund Revenues and Expenditures…..……..……..................36 Sources of Payment….……………………………………………...............6 Anticipated Results for Fiscal Year 2024 and Fiscal Year 2025 Bondholders’ Remedies.…………………………………………................6 Financial Outlook….............................................................................38 Tax Matters……………………………………………..….……................7 Impact of November 2022 Cyber Security Incident….......................38 Sources of Tax Revenue….………………………………....................38 General Fund Balance Sheet……………………………...................43 Key Financial Statistics…………………………………....................44 II.V.DEBT AND CAPITAL REQUIREMENTS GOVERNMENT AND ADMINISTRATION Debt Management Policy………………………….………...............45 Location…………………………………………………………...................10 General Obligation and Revenue Bonds.……………..……............45 Form of Government…………………………..………………..............10 Water and Sewer Bonds…………………………….……....................46 Legislative and Administrative Officials……………….….……............11 Capital Lease and Subscription Obligations and Other Contracts…….48 Washington County Government Organizational Chart.….……...........13 Special Obligation Bonds………………………………….................48 County Employment……………………………………………............13 Bonded Indebtedness of Incorporated Municipalities…….......................49 Pension and Retirement System…………………………………..............13 Direct and Underlying Debt……………………….………..................49 Other Post-Employment Benefits………………………………...............14 Debt Service Requirements on County Debt.……….……................50 Insurance………………………………………………………...............15 Anticipated Future Financing…………………………….................53 Certain Services and Responsibilities……………………………..............15 Capital Requirements…………………………………….....................53 III.VI.MISCELLANEOUS ECONOMIC AND DEMOGRAPHIC INFORMATION Litigation………………………………………….………....................54 Department of Business and Economic Development…………….……………..22 Impact of COVID-19 Pandemic on the County….............................54 Business Development…..………….……………………………..........22 Ratings…………………………………………….…...........................54 Foreign Trade Zone……………….……………………………..................26 Continuing Disclosure Undertaking………………..…….................54 Utilities, Transportation and Communication….………..………........26 Sale at Competitive Bidding……………………….……....................55 Population….……………………..…..………….….……………...........27 Legal Matters………………………………….…………....................55 Income …..……………..…………..………………….…………............29 Independent Auditors……………………………….…….....................56 Area Labor Supply…..…………………………………..………..............29 Verification of Mathematical Computations…………….…..............56 Employment…………..……………………………………..…….............30 Financial Advisor…………………………………………....................56 Unemployment Rate…..……………………………..……………...........30 Construction Activity…..………………………………………..............31 Housing Starts……………………………………………….......................31 Agriculture………………………………………………………...................32 Appendix A - General Purpose Financial Statements………………………….……….……………........................ A Appendix B - Proposed Form of Opinion of Bond Counsel……..…………………..…………………..……..................... B Appendix C - Notice of Sale…............................................................. C Appendix D - Proposed Form of Continuing Disclosure Agreement…………………..…………………………….............................. D TABLE OF CONTENTS THE BONDS Washington County, Maryland 1 I. The Bonds Introduction The purpose of this Official Statement, including the cover page and appendices, is to provide information for prospective purchasers and others regarding County Commissioners of Washington County (the “County”) and its $25,455,000* Public Improvement and Refunding Bonds of 2024 (the “Bonds” or, individually, each a “Bond”) As described herein, at or prior to the sale of the Bonds, the County may determine not to issue the Bonds for refunding purposes. In such event , the Bonds will be issued with the designation Public Improvement Bonds of 2024. (See “THE BONDS–Application of Proceeds” herein and the form of the official Notice of Sale in Appendix C hereto.) All estimates and assumptions herein have been based upon information believed to be reliable and correct; however, statements made involving estimates and assumptions, whether or not expressly so stated, are intended merely as such and not as representations of facts. When used in this Official Statement, the words “estimate,” “forecast,” “intend,” “expect,” “anticipate,” and similar expressions identify forward-looking statements. Such statements are subject to risks and uncertainties that could cause actual results to differ materially from those contemplated in such forward-looking statements. Any forecast is subject to such uncertainties. Some assumptions used to develop the forecasts may not be realized and unanticipated events and circumstances may occur. Therefore, there may be differences between forecasts and actual results, and those differences may be material. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date of this Official Statement or as of a particular specified date. The County is not obligated to issue any updates or revisions to such forward-looking statements if or when results are known or the events, conditions or circumstances on which such forward - looking statements are based occur. Figures herein relating to tax collections, assessed value of property and the financial position of the County have been taken from official records of the County. Except as otherwise expressly provided herein, the County has provided the material and information contained in this Official Statement. The County has authorized the execution and distribution of this Official Statement. Any questions concerning this Official Statement or the Bonds should be addressed to Kelcee G. Mace, Chief Financial Officer, Washington County Administration Building, 100 West Washington Street, Room 3100, Hagerstown, Maryland 21740; telephone: (240) 313-2300; email: kmace@washco-md.net. Description of Bonds The Bonds will be dated the date of their delivery. The Bonds will be issued in the principal amounts and will mature on the dates in the years and in the amounts set forth on the cover page hereof. The Bonds will be legally binding general obligations of the County to the payment of which the full faith and credit and unlimited taxing power of the County are pledged. (See “THE BONDS—Sources of Payment” herein.) Interest on the Bonds, calculated on the basis of a 30-day month/360-day year factor, will be payable at the interest rates specified on the cover page of this Official Statement. Interest on the Bonds will be first paid on January 1, 2025, and semiannually thereafter on the first day of July and January of each year until the date of maturity unless a Bond is redeemed prior to that date. Interest payments will be made to the persons who are the registered owners of record as of the 15th day of the month preceding each such interest payment date. Each Bond shall bear interest from the most recent date to which interest has been paid or, if no interest has been paid, from its date of delivery. The Bonds will be issued in fully-registered form without coupons, in denominations of $5,000 and integral multiples thereof. The Bonds initially will be issued in book-entry form without any physical distribution of certificates made to the public. The Depository Trust Company, (“DTC”), will act as securities depository for the Bonds and the Bonds will be registered in the name of DTC’s partnership nominee, Cede & Co. (See “THE BONDS— DTC and Book-Entry Only System” herein). So long as the Bonds are maintained in book-entry form, payments of principal of and interest on the Bonds will be made as described below under “DTC and Book-Entry Only system.” At any other time the principal amount of the Bonds _____________ *Preliminary, subject to change THE BONDS 2 Washington County, Maryland will be payable at the designated corporate trust office of Manufacturers and Traders Trust Company or any successor bond registrar and paying agent (the “Bond Registrar and Paying Agent”). Except during any period that the Bonds are maintained under a book-entry only system, interest on the Bonds will be payable by checks of the Bond Registrar and Paying Agent mailed to the registered owners thereof. The principal of and interest on the Bonds will be paid in lawful money of the United States of America in the manner and at the places hereinabove described. So long as the Bonds are maintained in book-entry form, transfers of ownership interests will be made as described below under “—DTC and Book-Entry Only System.” At any other time, any Bond may be exchanged for a Bond or Bonds in authorized denominations of $5,000 or integral multiples thereof in aggregate principal amount equal to the principal amount of the Bond transferred or exchanged and maturing on the same date and bearing interest at the same rate. The transfer of any Bond may be registered upon presentation and surrender of such Bond at the office of the Bond Registrar and Paying Agent, together with a written instrument of transfer duly executed by the registered owner or his attorney or legal representative. The Bond Registrar and Paying Agent may require the person requesting any such exchange or transfer to reimburse it for any tax, fee or other governmental charge, shipping charges and insurance payable in connection therewith. DTC and Book-Entry Only System Initially, DTC will act as securities depository for the Bonds. The Bonds will be issued as fully-registered securities registered in the name of Cede & Co. (as DTC’s partnership nominee) or such other name as may be requested by an authorized representative of DTC. One fully-registered Bond certificate will be issued for each maturity of the Bonds and will be deposited with DTC. DTC, the world’s largest securities depository, is a limited-purpose trust company organized under the New York Banking Law, a “banking organization” within the meaning of the New York Banking Law, a member of the Federal Reserve System, 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. DTC holds and provides asset servicing for over 3.5 million issues of U.S. and non-U.S. equity issues, corporate and municipal debt issues, and money market instruments (from over 100 countries) that DTC’s participants (“Direct Participants”) deposit with DTC. DTC also facilitates the post-trade settlement among Direct Participants of sales and other securities transactions in deposited securities through electronic computerized book-entry transfers and pledges between Direct Participants’ accounts. This eliminates the need for physical movement of securities certificates. Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations and certain other organizations. DTC is a wholly-owned subsidiary of The Depository Trust & Clearing Corporation (“DTCC”). DTCC is the holding company for DTC, National Securities Clearing Corporation and Fixed Income Clearing Corporation, all of which are registered clearing agencies. DTCC is owned by the users of its regulated subsidiaries. Access to the DTC system is also available to others such as both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly (“Indirect Participants”). DTC has a Standard & Poor’s rating of AA+. The DTC Rules applicable to its Participants are on file with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com. Purchases of the Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the Bonds on DTC’s records. The ownership interest of each actual purchaser of each Bond (“Beneficial Owner”) is in turn to be recorded on the Direct and Indirect Participants’ records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owners entered into the transaction. Transfers of ownership interests in the Bonds are to be accomplished by entries made on the books of the Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive physical certificates representing their ownership interests in the Bonds, except in the event that use of the book-entry only system is discontinued for the Bonds. To facilitate subsequent transfers, all Bonds deposited by Direct Participants with DTC are registered in the name of DTC’s partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC. The deposit of Bonds with DTC and their registration in the name of Cede & Co., or such other DTC nominee, do not effect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Bonds; DTC’s records reflect only the identity of the Direct Participants to whose accounts such Bonds are credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants remain responsible for keeping account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among THE BONDS Washington County, Maryland 3 them, subject to any statutory or regulatory requirements as may be in effect from time to time. Redemption notices shall be sent to DTC. If fewer than all of the Bonds are being redeemed, DTC’s practice is to determine by lot the amount of the interest of each Direct Participant to be redeemed. Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to the Bonds unless authorized by a Direct Participant in accordance with DTC’s Procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the County as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.’s consenting or voting rights to those Direct Participants to whose accounts the Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy). Redemption proceeds, payments of the principal of, redemption premium, if any, and interest on the Bonds will be made to Cede & Co., or such other nominee as may be requested by an authorized representative of DTC. DTC’s practice is to credit Direct Participants’ accounts upon DTC’s receipt of funds and corresponding detail information from the County or the Bond Registrar and Paying Agent on payable dates in accordance with their respective holdings shown on DTC’s records. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in “street name”, and will be the responsibility of such Participants, and not of DTC, the Bond Registrar and Paying Agent or the County, subject to any statutory and regulatory requirements as may be in effect from time to time. Payment of principal, redemption premium, if any, and interest on the Bonds to Cede & Co. (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of the County or the Bond Registrar and Paying Agent; disbursement of such payments to Direct Participants will be the responsibility of DTC; and disbursement of such payments to the Beneficial Owners will be the responsibility of the Direct and Indirect Participants. DTC may discontinue providing its services as securities depository with respect to the Bonds at any time by giving reasonable notice to the County or the Bond Registrar and Paying Agent. Under such circumstances, in the event that a successor depository is not obtained, Bond certificates are required to be printed and delivered. The County may decide to discontinue use of the system of book-entry-only transfers through DTC (or a successor securities depository). In that event, Bond certificates will be printed and delivered. The information in this section concerning DTC and DTC’s book -entry system has been obtained from sources the County believes to be reliable, but the County takes no responsibility for the accuracy thereof. Book-Entry Only System - Miscellaneous THE COUNTY AND THE BOND REGISTRAR AND PAYING AGENT WILL NOT HAVE ANY RESPONSIBILITY OR OBLIGATION TO ANY DIRECT PARTICIPANT, INDIRECT PARTICIPANT OR BENEFICIAL OWNER OF THE BONDS WITH RESPECT TO: (1) THE BONDS; (2) THE ACCURACY OF ANY RECORDS MAINTAINED BY DTC OR ANY DIRECT PARTICIPANT OR INDIRECT PARTICIPANT; (3) THE PAYMENT OF ANY AMOUNT DUE TO ANY DIRECT PARTICIPANT, INDIRECT PARTICIPANT OR BENEFICIAL OWNER IN RESPECT OF THE PRINCIPAL OF OR INTEREST ON THE BONDS; (4) THE DELIVERY BY DTC OR ANY DIRECT PARTICIPANT OR INDIRECT PARTICIPANT OF ANY NOTICE TO ANY BENEFICIAL OWNER WHICH IS REQUIRED OR PERMITTED UNDER THE TERMS OF THE BONDS TO BE GIVEN TO BOND OWNERS; (5) THE SELECTION OF BENEFICIAL OWNERS TO RECEIVE PAYMENT IN THE EVENT OF ANY PARTIAL REDEMPTION OF ANY OF THE BONDS; OR (6) ANY CONSENT GIVEN OR OTHER ACTION TAKEN BY DTC AS BONDHOLDER. In the event the County determines to discontinue a book-entry only system of registration of the Bonds, payments of interest, principal and redemption price and transfer and exchange of the Bonds will be made as described above under “THE BONDS—Description of Bonds”. THE BONDS 4 Washington County, Maryland Authorization The Bonds are issued pursuant to the authority of Chapter 392 of the Laws of Maryland of 2007 (“Chapter 392”), Chapter 99 of the Laws of Maryland of 2018 (“Chapter 99”), Section 19-207 of the Local Government Article of the Annotated Code of Maryland (the “Refunding Act”) and Title 6 of the Code of Public Local Laws of Washington County, Maryland (2019 Edition) (the “Water and Sewer Act”), each as amended, as applicable, and in accordance with Resolution No. RS-2024-XX adopted by the Board of County Commissioners of Washington County (the “Board”) on May 7, 2024 (the “Resolution”). Chapter 392, Chapter 99, the Water and Sewer Act and the Refunding Act are collectively referred to in this Official Statement as the “Act”. Copies of the Act and the Resolution are available at the office of the Chief Financial Officer of the County (the “CFO”). If no portion of the Bonds is issued for refunding purposes, Chapter 392 and the Refunding Act shall not serve as authority for the issuance of the Bonds. Application of Proceeds A portion of the sale proceeds of the Bonds (including a portion of net original issue premium) will be applied to costs of the following projects in the amounts indicated below: Amount Infrastructure Projects 4,210,000$ Public Safety Projects 1,850,000 Education Projects 5,940,000 Environmental Projects 1,555,000 13,555,000$ * Use Without notice to or the consent of the holders of the Bonds, the County (i) may reallocate the proceeds of the Bonds to costs of the contemplated projects among such projects in accordance with applicable budgetary procedures or applicable law, or (ii) amend the Resolution to reallocate proceeds of the Bonds to other projects not originally contemplated by the Resolution in accordance with applicable law. A portion of the proceeds of the Bonds (including a portion of net original issue premium), will be applied to currently refund a portion of the County’s outstanding Public Improvement Bonds of 2013 (the “2013 Bonds”) and a portion of the County’s outstanding Public Improvement Bonds of 2014 (the “2014 Bonds”). The refunded 2013 Bonds and the refunded 2014 Bonds are collectively referred to as the “Refunded Bonds” in this Official Statement. The potential Refunded Bonds are as follows: Redemption Date* Redemption Price 2013 Bonds $6,890,000 $6,290,000 2025-2033 July 12, 2024 100%2014 Bonds $9,055,000 $8,385,000 2025-2034 July 12, 2024 100% Bond Issue Principal Amount Outstanding Principal Amount Refunded* Maturities Refunded* The specific full or partial maturities of the 2013 Bonds and the 2014 Bonds to be refunded, if any, will be determined upon the award of the sale of the Bonds. The County may determine prior to the sale of the Bonds not to refund any portion of the potential Refunded Bonds. In addition, the County may determine at or prior to the sale of the Bonds not to issue the Bonds for refunding purposes at all. If no portion of the sale proceeds of the Bonds will be applied to refund any of the potential Refunded Bonds, the Bonds will be issued with the designation of “Public Improvement Bonds of 2024 .” The underwriter’s discount payable to the successful bidder for the Bonds will also be paid from sale proceeds of the Bonds. The County expects to pay all other costs of issuance from non-borrowed County funds. _____________ *Preliminary, subject to change THE BONDS Washington County, Maryland 5 Refunding Plan* A portion of the proceeds of the Bonds, together with other available funds, if applicable, will be applied to currently refund the Refunded Bonds. The refunding method being used is frequently termed a “net defeasance” in that provision is made to set aside immediately, from proceeds of a refunding bond issue and any other available funds, if applicable, monies for investment that, together with the interest to be received thereon, and any cash held uninvested, shall be sufficient to satisfy all payments of interest on the Refunded Bonds to and including the date on which such Refunded Bonds are redeemed and the principal of and any premium due upon redemption of such Refunded Bonds. That portion of the proceeds of the Bonds used to currently refund the Refunded Bonds , together with other available funds, if applicable, will be applied to the purchase of non -callable direct obligations of or obligations the principal of and interest on which are guaranteed by the United States of America (the “Acquired Obligations”). T he Acquired Obligations, together with any cash held uninvested, will be held in trust in an escrow fund (the “Escrow Deposit Fund”) by Manufacturers and Traders Trust Company (the “Escrow Agent”) pursuant to an Escrow Deposit Agreement between the County and the Escrow Agent. The Acquired Obligations will mature at such times and in such amounts and will bear interest payable at such times and in such amounts, so that, together with any cash held uninvested, sufficient money will be available to pay the redemption price of the Refunded Bonds and accrued interest on the Refunded Bonds to the date fixed for redemption. (See “MISCELLANEOUS--Verification of Mathematical Computations” herein.) The Escrow Agent will be irrevocably instructed to redeem the Refunded Bonds on the date fixed for redemption and to apply the maturing principal of and interest on the Acquired Obligations and any cash held uninvested to the redemption price of the Refunded Bonds plus accrued interest thereon on the date fixed for redemption. The Acquired Obligations will be pledged only to the payment of the redemption price of and interest on the Refunded Bonds and will not be available for the paym ent of principal of or interest on the Bonds or any other obligations of the County. Redemption Optional Redemption The Bonds that mature on or before July 1, 2034 are not subject to redemption at the option of the County prior to their maturities. The Bonds that mature on or after July 1, 2035 are subject to redemption at the option of the County as a whole or in part at any time on or after July 1, 2034, in any order of maturity directed by the County, at a redemption price of the principal amount of the Bonds (or portions thereof) to be redeemed, plus accrued interest on the principal amount being redeemed to the date fixed for redemption, without premium or penalty. [Mandatory Sinking Fund Redemption 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 to be redeemed, together with interest accrued to the date fixed for redemption, on the dates and in the principal amounts set forth below: Redemption Date Principal Redemption Date Principal (July 1)Amount (July 1)Amount The foregoing subsection will be completed with respect to each term bond of the Bonds, if any, designated by the successful bidder for the Bonds in accordance with the official Notice of Sale. See Appendix C hereto.] Selection of Bonds for Redemption; Notice of Redemption If fewer than all of the Bonds of any one maturity shall be called for optional or mandatory sinking fund redemption, the particular Bonds or portions of Bonds of such maturity to be redeemed shall be selected by the Bond Registrar and Paying Agent in such manner as in its discretion it shall determine; provided that, so long as the Bonds are maintained in book-entry form, the selection of individual ownership interests to be credited with such partial redemption shall be made by DTC (or any successor securities depository) in accordance with DTC’s (or such successor securities depository’s) then existing procedures. ___________________ *Preliminary, subject to change THE BONDS 6 Washington County, Maryland If all or a portion of the Bonds outstanding are to be redeemed, the County shall give or cause to be given a redemption notice by first class mail, postage prepaid, at least 30 days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed in whole or in part at the address of such registered owner appearing on the bond register maintained for the Bonds by the Bond Registrar and Paying Agent, provided, however, that 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, also publish such notice of redemption at least once not less than thirty (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 in the City of New York, New York. The redemption notice shall state (i) whether the Bonds are to be redeemed in whole or in part and, if in part, the maturities, numbers, interest rates and CUSIP numbers of the Bonds to be 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 the interest on the Bonds (or portions thereof) to be redeemed shall cease 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 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 redemption. From and after the date fixed for redemption, if funds sufficient for payment of the redemption price plus accrued interest 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 redemption shall become due and payable at the redemption price provided for redemption of such Bonds on such date, interest on such Bonds (or portions thereof) shall cease to accrue and the registered owners of such Bonds shall have no rights in respect thereof except to receive payment of the redemption price thereof plus accrued interest thereon to the date fixed for redemption from the monies so held by the Bond Registrar and Paying Agent. Upon presentation and surrender for redemption, the Bonds to be redeemed in whole or in part shall be paid by the Bond Registrar and Paying Agent at the redemption price plus accrued interest thereon to the date fixed for redemption. If Bonds (or portions thereof) so called for redemption are not paid upon presentation and surrender, the Bonds designated for redemption in whole or in part shall continue to bear interest at the rates stated therein until paid. Sources of Payment The Act provides that the Bonds constitute an irrevocable pledge of the full faith and credit and unlimited taxing power of the County to the payment of the maturing principal of and interest on the Bonds as and when they become payable. The Act further provides, and the County has covenanted in the Resolution, that in each and every fiscal year that any of the Bonds are outstanding, the County shall levy or cause to be levied ad valorem taxes upon all assessable property within the corporate limits of Washington County in rate and amount sufficient to provide for or assure the payment, when due, of the principal of and interest on all Bonds maturing in each such fiscal year and, if the proceeds from the taxes so levied in such fiscal year prove inadequate for such payment, additional taxes shall be levied in the succeeding fiscal year to make up any deficiency. Bondholders’ Remedies It is the opinion of Funk & Bolton, P. A., Bond Counsel, that the County may be sued in the event that it fails to perform its obligations under the Bonds and the Resolution to the registered owners and that any judgments resulting from such suits would be enforceable against the County. Nevertheless, a registered owner of a Bond who has obtained any such judgment may be required to seek additional relief to compel the County to assess, levy and collect such taxes as may be necessary to provide the funds from which such judgment may be paid. Although there is no Maryland law with respect to this issue, it is the opinion of Bond Counsel that the appropriate courts of Maryland have jurisdiction to entertain proceedings and power to grant additional relief, such as a mandatory injunction, if necessary, to enforce the levy and collection of such taxes and payment of the proceeds thereof to the holders of general obligation bonds, pari passu, subject to the inherent constitutional limitations referred to below. It is also the opinion of Bond Counsel that, while remedies would be available to the registered owners of the Bonds and while the Bonds are entitled to constitutional protection against the impairment of the obligation of contracts, such constitutional protection and the enforcement of such remedies would not be absolute. Enforcement of a claim for payment of the principal of or interest on the Bonds could be made subject to the provisions of federal bankruptcy laws or of any statutes that may hereafter be constitutionally enacted by the United States Congress or the Maryland General Assembly extending the time for payment or imposing other constraints upon enforcement. THE BONDS Washington County, Maryland 7 Tax Matters State of Maryland and Local Income Tax In the opinion of Funk & Bolton, P.A., Bond Counsel, under existing law, the Bonds, their transfer, the interest payable thereon, and any income derived therefrom (including any profit made in the sale thereof) shall be at all times exempt from State of Maryland (the “State”), county, municipal, or other taxation of every kind and nature whatsoever within the State, but no opinion is expressed as to Maryland estate or inheritance taxes or any other Maryland taxes not levied directly on the Bonds, their transfer, the interest thereon or the income therefrom. Interest on the Bonds may be subject to state or local income taxes in jurisdictions other than the State of Maryland under applicable state or local tax laws. Prospective purchasers of the Bonds should consult their tax advisors regarding the tax status of the Bonds in a particular state or local jurisdiction other than the State of Maryland. Federal Income Tax In the opinion of Bond Counsel, interest on the Bonds will be excludable from gross income for purposes of federal income taxation under Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”), and is not includable in the alternative minimum taxable income of individuals as an enumerated item of tax preference or other specific adjustment under existing statutes, regulations and decisions as enacted and construed on the date of initial delivery of the Bonds, assuming the accuracy of certain certifications of the County and continuing compliance with the requirements of the Code. Interest on the Bonds will be part of adjusted financial statement income, fifteen percent of which is included in the computation of the corporate alternative minimum tax imposed on applicable corporations. In addition, interest on the Bonds may be subject to the branch profits tax imposed on foreign corporations engaged in a trade or business in the United States of America. Bond Counsel will issue an opinion with respect to the Bonds. Bond Counsel’s opinion will be given in reliance (without independent investigation) on certifications, covenants and agreements by representatives of the County as to certain facts material to both the opinion and the requirements of the Code. The County will covenant and agree to comply with the provisions of the Code regarding, among other matters, the use, expenditure and investment of the proceeds of the Bonds, the use of the projects financed from proceeds of the Bonds and the timely payment to the United States of America of any arbitrage rebate amounts with respect to the Bonds or payments in lieu thereof. Bond Counsel assumes no responsibility for, and will not monitor, compliance with the covenants and agreements of the County. In the event of noncompliance with such covenants and agreements, available enforcement remedies may be limited by applicable provisions of law and, therefore, may not be adequate to prevent interest on the Bonds from becoming includable in gross income for federal income tax purposes retroactively to the date of issue. Ownership of the Bonds may result in other federal income tax consequences to certain taxpayers, including, without limitation, financial institutions, property and casualty companies, certain recipients of social security or railroad retirement benefits and certain S corporations. Prospective purchasers of the Bonds should consult with their own tax advisors as to any collateral federal income tax consequences. Certain of the Bonds may be offered and sold at a discount (“original issue discount”) equal generally to the difference between their public offering price and principal amount. For federal income tax purposes, original issue discount on a Bond accrues periodically over the term of the Bond as interest with the same tax exemption and alternative minimum tax status as regular interest. The accrual of original issue discount increases the purchaser’s tax basis in the Bond for determining taxable gain or loss upon disposition (including sale, redemption or payment at maturity). Purchasers of Bonds at a discount should consult their tax advisors regarding the determination and treatment of original issue discount for federal income tax purposes, and with respect to any state or local tax consequences of owning such Bonds. Certain of the Bonds may be offered and sold at a purchase price over the stated redemption price of such Bonds at maturity. This excess constitutes premium on such Bonds. For federal income tax purposes, original issue premium is amortizable periodically over a Bond’s term through reductions in the owner’s tax basis for the Bond for determining taxable gain or loss upon disposition (including sale, redemption or payment at maturity). An owner of a premium Bond cannot deduct amortized original issue premium relating to that premium Bond. Purchasers of any Bonds at a premium, whether at the time of initial issuance or subsequent thereto, should consult their tax advisors with respect to the determination and treatment of premium for federal income tax purposes, and with respect to any state or local tax consequences of owning such Bonds. The foregoing is only a general summary of certain provisions of the Code as enacted and in effect on the date hereof and does not purport to be complete or to identify all aspects of federal income taxation that may be relevant to a particula r purchaser of the Bonds in light of his or its particular circumstances and income tax situation. Prospective purchasers of the THE BONDS 8 Washington County, Maryland Bonds should consult their own tax advisors as to the effects, if any, of the Code in their particular circumstances. Bond Counsel will express no opinion regarding other federal tax consequences arising with respect to the Bonds. See Appendix B hereto for the proposed form of opinion of Bond Counsel to be delivered upon issuance of the Bonds. Bond Counsel’s opinion will speak only as of its date. THE BONDS Washington County, Maryland 9 Effects of Future Enforcement, Regulatory or Legislative Actions The Internal Revenue Service (the “Service”) has a program to audit state and local government obligations to determine whether the interest thereon is includable in gross income for federal income tax purposes. If the Service audits the Bonds, under current Service procedure, the Service will treat the County as the taxpayer and the owners of the Bonds will have only limited rights, if any, to participate in the process. Any selection by the Service of the Bonds or of tax-exempt obligations similar to the Bonds for audit could affect the marketability or market value of the Bonds. The Service and the U.S. Department of the Treasury have ongoing programs to promulgate regulations to interpret and apply the provisions of the Code. In addition, from time to time regulatory actions are announced or proposed and litigation is threatened or commenced that, depending on its conclusion, could modify or impact federal or state tax treatment of tax-exempt obligations such as the Bonds and could have an adverse effect on the marketability or market value of the Bonds. From time to time, there are Presidential proposals, proposals of various federal committees, or legislative proposals in the United States Congress or various state legislatures that, if enacted, could alter or amend the federal tax matters referred to above, state treatment of the tax status of the Bonds or adversely affect the market value of the Bonds. Furthermore, such proposals may affect the marketability or market value of the Bonds merely by virtue of being proposed. It cannot be predicted whether or in what form any such proposal may be enacted or whether, if enacted, it would apply to tax -exempt obligations, including the Bonds, issued prior to enactment. In addition, legislation enacted after issuance of the Bonds may directly or indirectly cause interest on the Bonds to be subject to federal or state income taxation (as applicable) or reduce the benefit of the excludability of interest on the applicable Bonds under existing law. Each purchaser of the Bonds should consult with his or its own tax advisor regarding any pending or proposed federal or state tax legislation. Bond Counsel will not express any opinion regarding pending or proposed federal or state enforcement actions, regulations, litigation or legislative actions. GOVERNMENT AND ADMINISTRATION 10 Washington County, Maryland II. Government and Administration Location Washington County is situated in northwestern Maryland, bordered by Pennsylvania to the north and West Virginia to the south. It is bordered on the east by Frederick County, Maryland and on the west by Allegany County, Maryland. Washington County is approximately 460 square miles in area. The County seat, Hagerstown, is 70 miles northwest of Washington, D.C. and 72 miles west of Baltimore, Maryland. Two major highways, Interstate 81 – running north and south, and Interstate 70 – running east and west, cross within Washington County’s borders. A major part of Washington County is fertile valley with rolling terrain. The lowland belt known as the Hagerstown Valley lies between the Blue Ridge Mountains to the east and the Appalachian Highlands to the west. Form of Government The County is a body politic and corporate, which performs all local governmental functions in Washington County except those performed by the nine incorporated municipalities within Washington County. The executive offices of the County are located at 100 West Washington Street, Hagerstown, Maryland 21740. The County’s website is www.washco-md.net. Any references in this Official Statement to the County’s website are provided for convenience only. The information on the County’s website is not incorporated herein, by reference or otherwise. Under the Code of the Public Local Laws of Washington County (2019 Edition), as amended, being Article 22 of the Code of Public Local Laws of Maryland (the “County Code”), both the executive and legislative functions of the County are vested in the elected, five-member Board of County Commissioners of Washington County (the “Board”). The Board may only exercise such powers as are conferred upon it by the General Assembly of Maryland, including authorization to issue debt to finance its capital projects. County Commissioners are elected on a countywide basis and serve four-year terms. Each member of the Board has one vote and a simple majority of the Board is sufficient to take action subject to the authority vested in the Board by the County Code. Emergency action also requires a simple majority vote. The Board elects its own officers. The General Assembly of Maryland must authorize powers not specifically authorized by the County Code. As authorized by the County Code, the Board appoints a County Administrator. The County Administrator is selected on the basis of his or her executive and administrative abilities, including his or her knowledge and experience in public administration. The County Administrator is charged with the supervision of the departments and agencies of the County and oversight of day-to- day operations in conformity with all laws applying to the County. County financial matters are administered in part through the office of the Treasurer of Washington County. The County Code establishes the elective office of County Treasurer. The County Treasurer is constituted the collector of County and State taxes, charges and assessments and is charged with the enforcement of collection of taxes in the manner provided by law. As authorized by the County Code, the Board appoints the CFO. The CFO is charged with assisting the Board in the preparation and administration of the County budgets and other accounting and fiscal matters as the Board deems necessary. In addition, the CFO is responsible for the study of the organization, methods and procedures of each office, department, board, commission, institution, and agency of County government. The CFO reports to the County Commissioners. GOVERNMENT AND ADMINISTRATION Washington County, Maryland 11 Legislative and Administrative Officials Board of County Commissioners JOHN F. BARR, a fourth term County Commissioner, serves as President of the Board of County Commissioners, and was first elected in 2006. He was raised in Boonsboro, Maryland and is a Master Electrician in five states. In high school, Mr. Barr worked for his father as a field electrician at M/L Electric, Inc., founded in 1927. In 1979 he formed the management team overseeing the service department. In 1984 Mr. Barr bought the company from his father and changed the name to Ellsworth Electric, Inc. He remained president and owner until his son purchased the business in 2020. Mr. Barr is active in various service organizations and community projects. He also served a one year term as President of the Maryland Association of Counties (MACo) in 2016. He still assists at MACo events as past president. Mr. Barr served on the Advisory Board to the First United Bank and Trust based in Oakland, Maryland from 2009 through 2014. In 2014, he was elected to the Board of Directors on which he currently serves today. JEFFREY A. “JEFF” CLINE, a fourth term County Commissioner, serves as Vice President of the Board of County Commissioners and is a resident of Williamsport, Maryland. He is a graduate of Williamsport High School and Hagerstown Community College. Mr. Cline has experience as a realtor since 2003. He graduated from the Maryland Association of Realtors’ 2008 Leadership Academy and received the Graduate of Realtor Institute (GRI) designation . He is also a graduate of the 2013 Leadership Washington County Class 26. Mr. Cline served on the Williamsport Town Council from 2005 to 2009. WAYNE K. KEEFER, a third term County Commissioner, is a life-long resident of Washington County and a graduate of Hancock Middle -Senior High School. Mr. Keefer continued his education locally at Hagerstown Community College, then earned his B.S. and M.B.A. degrees from Frostburg State University (“FSU”). He also graduated from the Academy of Excellence in Local Government Certificate Program. Mr. Keefer has over a decade of experience as a commercial banker with roles in consumer lending and corporate accounting. He is currently the Assistant Vice President/Controller of a local bank. He has taught courses in business, economics, banking and finance as an adjunct professor with his alma mater FSU and with the West Virginia School of Banking. He also holds a Maryland Real Estate License. An active member of the community, he has served in leadership roles with many non- profit organizations. RANDALL E. “RANDY” WAGNER, a second term County Commissioner, was born and raised in Washington County. Mr. Wagner graduated from North Hagerstown High School and is a veteran of the United States Coast Guard, where he served for four years. Mr. Wagner worked at Mack Truck for 17 years before becoming a small business owner in Washington County, owning and operating 40 West Marine in Clear Spring for eight years. He has served the local community as a realtor for the past 21 years and is a licensed private pilot. He also served on the Animal Control Board and held the position as Vice Chair for eight years. He currently serves on the Airport Advisory Board, the Planning Commission, the Health Advisory Board, the Black Rock Golf Course Board and the Emergency Services Advisory Council. DEREK J. HARVEY, Colonel, U.S. Army (Retired), a first term County Commissioner, worked on Capitol Hill as the Lead Investigator and Senior Advisor to the House Permanent Select Intelligence Committee, and in the White House National Security Council under President Donald J. Trump. After serving as an Airborne Ranger Infantry Officer and a decorated Army Colonel, and being awarded a Bronze Star and multiple Meritorious Service Medals, he transitioned into government service as a Senior Intelligence Executive. Mr. Harvey has been an adjunct professor at the University of Maryland and Central Texas College, and was a Fellow at Carnegie Mellon University. As a Professor and Research Institute Director at the University of South Florida, he focused on supporting local governments with insights to help with smarter decision - making. Elected to the Board of County Commissioners in 2022, he is a member of the Morris Frock American Legion and resides in Smithsburg. County Treasurer R. MATTHEW BREEDING, County Treasurer, was elected to his position in November 2022. He holds a Bachelor of Science degree in criminal justice. Mr. Breeding is a retired senior officer from the U.S. Army and has extensive experience in senior level supervision and management. He has a vast amount of experience with government information management systems and has managed programs in excess of seventy-five million dollars. . GOVERNMENT AND ADMINISTRATION 12 Washington County, Maryland Administrative Officials MICHELLE A. GORDON, County Administrator, holds a B.A. degree in management with concentrations in accounting and information technology from Hood College. She earned a Master of Business Administration degree with a Certified Public Accounting Track concentration from Mount St. Mary’s University and was in the first graduating class of the Mount St. Mary’s, Richard J. Bolte, Sr. School of Business. Mrs. Gordon is a lifelong resident of Washington County, Maryland. She was appointed to the position of County Administrator in September 2023 and has been employed with Washington County since October of 2022 when she was hired as the Chief Financial Officer. Prior to her employment with Washington County, she was employed as the Chief Financial Officer of Jefferson County, West Virginia and as the Director of Finance of the City of Hagerstown, Maryland for a combined total of 12 years. Her governmental experience also includes six years of progressive accounting work at the City of Frederick, Maryland. In total, Mrs. Gordon has 34 years of governmental, private and public accounting experience. Mrs. Gordon serves as an active member of the Auxiliary at the Potomac Fish & Game Club in her hometown of Williamsport, Maryland. She is a member of the Board of Directors for the Maryland Theatre, the Board of Directors for the University System of Maryland- Hagerstown, the Maryland Association of Counties, the Maryland Government Finance Officers Association and the Government Finance Officers Association of the United States and Canada (“GFOA”). KELCEE G. MACE, Chief Financial Officer, holds a B.A. degree in Accounting from Juniata College. Mrs. Mace was appointed as Chief Financial Officer effective October 14, 2023. She is currently working towards the Certified Public Finance Officer designation through the GFOA. Mrs. Mace was hired by Washington County in 2014 as an accountant, was promoted to Deputy Director of Budget and Finance in 2018, was appointed as Interim Chief Financial Officer in June 2023, and served in such position until becoming the Chief Financial Officer. She is a member of the Maryland Government Finance Officers Association and the GFOA. KIMBERLY K. EDLUND, C.P.A., Director of Budget and Finance, is a summa cum laude graduate of Shepherd University with a B.S. degree in accounting. She earned a Master of Business Administration degree from Frostburg State University. Ms. Edlund was hired by Washington County in 1995 as the Assistant Director of Budget and Finance and was promoted to Director in 2014. Prior to her employment with Washington County, she was a Senior Accountant with a regional public accounting firm. Ms. Edlund is a member of the American Institute of Certified Public Accountants, the Maryland Association of Certified Public Accountants, the Maryland Government Finance Officers Association and the GFOA. ZACHARY J. KIEFFER, County Attorney, has been with the County Attorney’s Office beginning January 2023, starting as Assistant County Attorney. He was appointed Deputy County Attorney in November 2023 and County Attorney in March 2024. Mr. Kieffer graduated from The Pennsylvania State University in 2008 with a B.A. degree. He received his J.D. degree from the University of Baltimore School of Law in 2011 and was admitted to the Maryland Bar. He is also admitted to practice before the U.S. District Court for the District of Maryland and served as Judicial Law Clerk to the Hon. Leo E. Green, Jr., Prince George’s County Circuit Court in 2012. Mr. Kieffer maintained a private practice from 2012-2022. He is a member of the Washington County Bar Association. GOVERNMENT AND ADMINISTRATION Washington County, Maryland 13 Washington County Government Organizational Chart County Employment As of January 1, 2024, the County employed 841 full-time employees and 592 part-time employees, including 201 seasonal positions. The County has a compensation and classification plan, which is complemented by a performance evaluation system. There are 154 employees of the County’s Division of Public Works, Division of Emergency Services, and Division of Environmental Management represented by a collective bargaining agreement that expires on June 30, 2026. The County has not experienced a work stoppage due to labor relation disputes and considers its relationships with employees to be good. Pension and Retirement System Employees of the County government are provided retirement benefits through a pension plan (the “Plan”). Participation in the Plan is mandatory and there were 1,481 participants as of June 30, 2023. The Plan also provides death and disability benefits. The employees and the County fund the guaranteed allowance. Approximately 20.7% of the non-uniformed participants contribute to the Plan at the rate of 5.50% of their annual salary and the remaining non-uniformed and uniformed employees contribute 6.00% of their annual salary. The County’s contribution is comprised of three parts: (i) contribution to cover current service costs, (ii) annual accrued liability contribution to liquidate the County’s unfunded accrued liability by July 1, 2039 and (iii) annual additional accrued liability contribution to liquidate the County’s additional accrued liability due to actuarial gains and losses, benefit changes and assumption changes. Contributions are based on an assumed investment rate of 7.25% compounded annually. Contributions are currently funded at 26% of total salary expense. Salaries are assumed to increase at an annual rate of 3.00%. Contributions from participants and from the County are pooled to provide the guaranteed allowance for each member. GOVERNMENT AND ADMINISTRATION 14 Washington County, Maryland The following table presents the pension and retirement contributions and unfunded liabilities of the County and certain County agencies for completed fiscal years 2020 through 2023 and for fiscal year 2024. For fiscal year 2024, which began July 1, 2023, the County has already paid $16,154,000, which includes the amount reflected in the “Total” column in the table below and an additional contribution made at year end from excess revenues. As of July 1 Current Service Costs Recommended Payment for Unfunded Accrued Liability Total Unfunded Accrued Liability 2023 $3,754,437 $7,981,793 $11,736,230 $91,118,664 2022 3,472,381 7,674,574 11,146,955 81,295,806 2021 3,433,258 7,715,175 11,148,433 81,659,825 2020 3,471,254 7,711,603 11,182,857 83,819,276 2019 3,271,075 7,645,393 10,916,468 85,204,939 Source: Bolton Partners, Inc. As a result of the implementation of GASB Statement 68–Accounting and Financial Reporting for Pensions, the County modified its accounting for the Plan, while continuing to use the same actuarial cost method for determining contributions to the Plan. For fiscal years prior to fiscal year 2015, costs and funding contributions were based on the Projected Unit Credit actuarial cost methods. For fiscal year 2015 and later, the funding contributions remain based on the Projected Unit Credit funding method while the GASB liabilities reflected in the financial statements are based on the Entry Age Normal cost method, as required by GASB 67 and 68. The new method produces higher liabilities but lower normal costs than the previous method. However, both methods produce actuarially sound contribution (funding) or liabilities (GASB), and annual contributions are intended to fully fund the Plan’s July 1, 2023, unfunded liability by July 1, 2039. Please refer to Notes 1 and 10 to the financial statements for fiscal year 2023 and to the Required Supplementary Information set forth in Appendix A to this Official Statement for additional information regarding the County’s pension obligations. Other Post–Employment Benefits The County implemented the provisions of Governmental Accounting Standards Board (GASB) Statement 43, Financial Reporting for Post-Employment Benefit Plans Other Than Pension Plans (“OPEB”) and GASB 45, Accounting and Financial Reporting by Employers for Post-Employment Benefits Other Than Pensions in fiscal year 2008. The County’s OPEB plan is a single employer defined benefit healthcare plan. The County established a trust for administering the plan assets and paying healthcare costs and death benefits on behalf of the participants. Post-employment health benefits are subject to change at any time. All employees who retire from the County may participate in the program. In order to be eligible, the retiree must have (i) a minimum of five years of County service, and (ii) immediately preceding retirement, been enrolled in a medical, vision, or prescription drug insurance plan offered to active employees in the County. The retirees pay 10% to 50% of the health insurance premium, based on years of service. Retirees participating in the County’s health plan are also covered by a death benefit equal to their final annual salary, not to exceed $100,000. These benefits cease when the retiree attains age 65 or becomes Medicare eligible. As of June 30, 2023, 53 retirees were receiving OPEB benefits and 162 employees were retirement-eligible. The County intends to fund any annual short-fall between the OPEB annual required contribution and actual pay-go expense into a legally executed trust fund. The trust fund is invested as a long-term pension trust, using an appropriately balanced portfolio of equities and debt instruments, to prudently maximize long-term investment returns. GOVERNMENT AND ADMINISTRATION Washington County, Maryland 15 The net OPEB liability (asset) is equal to the total OPEB liability minus the net position of the plan. The result as of June 30, 2023 is as follows: $ 19,738,400 $ (28,463,584) $ (8,725,184) Source: Bolton Partners, Inc. Components of Net OPEB Obligation Total OPEB liablilty Net position Net OPEB liability (asset) Please refer to Note 15 to the financial statements for fiscal year 2023 and to the Required Supplementary Information set forth in Appendix A to this Official Statement for additional information regarding the County’s OPEB obligations. Insurance The County maintains commercial insurance for general liability, automobile, excess workers’ compensation, law enforcement, public officials’ liability and catastrophic coverage. The County is required to provide unemployment insurance coverage for County employees. Certain Services and Responsibilities Education The Board of Education of Washington County (the “Board of Education”) implements all educational policies and programs for public schools in Washington County under the administration of the State Board of Education. The Board of Education, composed of seven members elected for four-year terms, currently oversees 22,549 students (including 1,113 in pre- kindergarten), in 47 instructional facilities, which include elementary, middle, high and combined schools. The average unrestricted Pre-K-12 per pupil expenditure was $14,074 for the 2022-23 school year. The largest General Fund appropriation by the County in its adopted budget for fiscal year 2024 is $109,070,360 for the Board of Education, which represents 38.81% of the General Fund budget. This appropriation is for operating expenditures. In addition, the County appropriated $14,291,000 in its capital budget for fiscal year 2024 for Board of Education projects. Washington County’s high school graduation rate for the 2022-2023 school year, as compared to other selected peer group counties and the State of Maryland, is as follows: Washington Frederick Cecil Carroll Charles St. Mary’s State of County County County County County County Maryland 90.75%93.14%90.30%95.00%90.24%91.17%85.81% Source: Maryland Board of Education GOVERNMENT AND ADMINISTRATION 16 Washington County, Maryland Training/Higher Education Within a 70-mile radius of the County seat, the City of Hagerstown, there are more than 30 institutions of higher learning. There are numerous opportunities in Washington County for residents to obtain education and training beyond the high school level. The following describes certain programs and schools within Washington County. Training Western Maryland Consortium provides a wide range of workforce development services for jobseekers and employers. Employer services include referral of applicants, customized training, financial aid for on-the-job training, recruitment, and screening assistance. Services are generally provided at no cost to employers. Boyd J. Michael III Technical High School (formerly known as Washington County Technical High School) is a two- year public high school that is under the administration of the Washington County Public Schools. English, math, science and social studies core subject courses and 17 career and technology programs are offered. These programs prepare students for professional/technical careers based on current industry skill standards. Enrollment is open to qualified 11th and 12th grade students, and tuition paying adults. Barr Construction Institute, an education division of Associated Builders and Contractors, Inc., offers management education and professional industrial, commercial, and apprenticeship trade training. Construction and maintenance training is recognized by the U.S. Department of Labor, Bureau of Apprenticeship & Training, and is accredited by the National Center for Construction Education and Research (an affiliate of the University of Florida). Pittsburgh Institute of Aeronautics (“PIA”) established the Federal Aviation Administration (FAA) - approved Aviation Maintenance Technician (AMT) 16-month education program at the Hagerstown Regional Airport. With the skills PIA graduates acquire from the program, they are equipped to work in many industries including aviation, mechanical systems, hydro-mechanical systems and the green technology field. D. M. Bowman Family Workforce Training Center will be established by an educational partnership between the Cumberland Chapter of Associated Builders and Contractors skilled trades education program known as the Barr Academy and Hagerstown Community College’s Continuing Education Department and is expected to open by summer of 2024. This facility will be a central training location for skilled trades, commercial truck driver training, diesel tech program, forklift instruction, the GED program and English as a Second Language classes. Higher Education Hagerstown Community College (“HCC”), founded in 1946, was the first community college in Maryland. With more than 100 programs of study, HCC offers workforce preparation and credentialing, university transfer, career development, and basic education. HCC programs include the Early College Program, which allows high school students the opportunity to earn college credits and credentials while focusing on science, technology, engineering, mathematics and medical courses, an adult education program, and the David W. Fletcher Incubator + Labs, a small business incubator. The County appropriated $10,236,290 in its fiscal year 2024 operating budget for HCC. HCC receives the balance of its funding from student tuition, State grants, and other miscellaneous sources. In addition, the County appropriated $1,940,000 in its capital budget for fiscal year 2024 for HCC projects. University System of Maryland at Hagerstown (“USMH”) opened in January 2005 and is in Hagerstown’s historic City Center. USMH is part of a regional system offering 13 undergraduate and 10 graduate degree programs from five respected universities within the Maryland system: Frostburg State University, Salisbury University, Towson University, University of Maryland Eastern Shore, and University of Maryland Global Campus. Students can complete a bachelor’s degree or earn a master’s degree. USMH also offers access to on-site academic advising, computer labs, and a full- service library. GOVERNMENT AND ADMINISTRATION Washington County, Maryland 17 Planning and Zoning The Washington County Planning Commission was created in 1957. The Planning Commission consists of seven members appointed by the Board and is supported by the County’s Planning and Zoning Department with a staff of 14. Planning staff members review plans and provide reports and recommendations to the Planning Commission. The Planning Commission has final authority to approve subdivision and site development plans. Another of the primary responsibilities of the Planning Commission is the Comprehensive Plan for the County. The Planning Commission first recommended the adoption of a Comprehensive Plan for Washington County in 1971. Major updates to the Comprehensive Plan were completed in 1981 and in 2002. Another update of the Comprehensive Plan is now in progress, with adoption expected in 2024. From the original adoption in 1973 and through amendments in 2002, 2005 and 2012, the Zoning Ordinance provides seven classifications for industrial development: (i) “Industrial General” which encompasses heavy manufacturing plants requiring extensive transportation, water and sewerage facilities; (ii) “Industrial Restricted” which encompasses light manufacturing such as processing or assembly of previously processed materials; (iii) “Planned Industrial” which encompasses the planned development of industrial park locations; (iv) “Airport” which permits industrial uses that have a need to be located near the airport or provide airport related services and include height limitations located around the Hagerstown Regional Airport; (v) “Highway Interchange District” which allows light industrial and commercial uses in the vicinity of interstate interchanges to take advantage of transportation needs and opportunities; (vi) “Office, Research and Technology” which is geared toward the development of corporate offices, research facilities, and high -tech communication land uses; and (vii) “Office, Research and Industry” which allows a mix of technology and selected industries with increased performance standards. The Planning and Zoning Department continues to update and revise the Subdivision Ordinance, the Zoning Ordinance and other ordinances and functional plans that relate to land development in Washington County. In July 2012 the County adopted major revisions to the zoning text and map for the Urban Growth Areas to implement the recommendations of the Comprehensive Plan. Similar map and text amendments affecting areas around the designated Town Growth Areas of Boonsboro, Smithsburg, Hancock and Clear Spring were adopted in 2017. Those revisions are designed to create a more desirable and efficient urban living environment. The amendments include improvements to the design guidelines in the industrial districts mentioned above. An educational zone, called Education, Research and Technology, is designed specifically to allow Hagerstown Community College to partner with emerging high-tech industries and expand its role as business partner in the community. In an effort to coordinate development and infrastructure needs, staff is continuing to review the Adequate Public Facilities and the Excise Tax Ordinances for possible improvement. The County has also devised an analysis and mitigation protocol to manage the effects of increases in public school enrollments that result from new residential development. The Water and Sewerage Plan, the Solid Waste Plan and the Land Preservation, Parks and Recreation Plan are other plans prepared and administered by the Planning and Zoning Department to assist in the development of the County in an orderly fashion. The State requires that the County update each of these plans, as well as the Comprehensive Plan, at regular intervals. Land use control and planning within the County’s nine incorporated municipalities is under the jurisdiction of the municipalities. Each of the municipalities has adopted its own zoning and land development regulations. GOVERNMENT AND ADMINISTRATION 18 Washington County, Maryland Hospital and Medical Care Meritus Health Meritus Health, Western Maryland’s largest health care provider, is located at the crossroads of Western Maryland, Southern Pennsylvania and the Eastern Panhandle of West Virginia. With over 3,000 employees, 500 medical staff members and 250 volunteers, Meritus Health services over 200,000 residents of the tristate region. Meritus Medical Center has 327 beds and Meritus Medical group has over 160 providers. Meritus Health is officially seeking accreditation and licensure to open a four-year osteopathic medical school in Hagerstown. The school aims to meet the physician shortage that is currently being experienced nationally, in Maryland and Washington County. In the state of Maryland one in three physicians is over the age of 60, thus requiring an investment in future physicians to meet the gap. The new residential housing and associated school will be adjacent to Meritus Hospital providing a unique opportunity for students. Meritus plans to welcome the first class of medical students in the Fall of 2025. Washington County Health Department The Washington County Health Department, which provides various health services to the citizens of Washington County, is budgeted to receive a total of $2,495,072 in fiscal year 2024 from the County. Along with the main headquarters, it has staff and programs based at two other sites. The Health Department employs a total of approximately 157 full-time and part-time personnel in seven divisions. The Environmental Health Division of the Health Department engages in food and restaurant inspection, well and septic permitting, community services, transient and non-transient water analysis, rabies control, complaint and outbreak investigations, and emergency response. The Nursing Division is responsible for maternal and child health programs, communicable disease surveillance and control, tuberculosis control, refugee and migrant health services, reproductive health services, STD screening and treatment, HIV and AIDS services, immunizations, Maryland Children’s Health Insurance Program, cancer screening, vision screening, adult evaluation and review services, and WIC services. The Health Planning and Strategic Initiatives Division focuses on health equity and epidemiology including developing initiatives that address health disparities, assisting health department programs to identify community needs and data reporting and visualization. The Community Health Outreach Promotion and Prevention Division is responsible for relaying of public information, community relations, emergency preparedness, as well as developing and maintaining agency partnerships and providing chronic disease prevention and control initiatives. The Division of Behavioral Health Services provides a comprehensive system of care including prevention, intervention, referral and treatment services for substance use and mental health disorders in a variety of settings. The Human Resources/Organizational Development Division is responsible for managing all aspects of employment including hiring, termination, policy development, etc., as well as promoting and supporting workforce development initiatives, trainings and opportunities to attract and retain a diverse, qualified workforce. The Administration Division, which includes Accounting, Information Technology, Procurement, Billing, Maintenance and Health Officer staff, provides management support for all programs within the agency. Other Medical Facilities The George W. Comstock Center for Public Health Research and Prevention is a facility of the Johns Hopkins Bloomberg School of Public Health and was established in 1962 as a joint enterprise of the Maryland Department of Health and Mental Hygiene, Washington County Health Department and The Johns Hopkins University. The center has expertise and capacity in the conduct of large community health surveys, as well as a close working relationship with the County Health Department. Funding, sponsored through research grants by the National Institutes of Health as well as private foundations, supports 20 to 30 staff members in the Comstock Center. Research includes heart disease surveillance and epidemiology of cancer, heart disease, lung disease, diabetes, sleep and other conditions. Prevention research results are disseminated nationally and internationally primarily through numerous journal publications. There are nine privately owned licensed skilled nursing facilities with a total of 1,104 beds and one State-owned licensed skilled nursing facility with 63 beds in Washington County. All of these facilities are dually certified by Medicare and Medicaid. In addition, there are 19 privately owned assisted living facilities with a total of 786 beds. Other medical facilities include the Western Maryland Center, a 123 bed State-owned, chronic care facility. None of these facilities receive funds from the County. GOVERNMENT AND ADMINISTRATION Washington County, Maryland 19 Safety Law Enforcement The Washington County Sheriff’s Office, the Maryland State Police and municipal police agencies provide police protection in Washington County. The Sheriff’s Office has 108 sworn personnel and 97 radio-dispatched vehicles. The Sheriff’s Office is responsible for the operation of the Detention Center, which has a capacity of 450 inmates. In October 2016, a Day Reporting Center opened that provides treatment services to non-violent offenders with drug and/or alcohol addictions, as well as providing services for the Circuit Court Adult Drug Court Program. The State Police has 35 troopers assigned to the local barrack, which is located just south of Hagerstown. The Hagerstown Police Department has a full-time force of 108 officers. The Hancock Police Department employs four full-time officers. In addition, the Smithsburg Police Department employs four officers and the Boonsboro Police Department employs five police officers. Emergency Management and Communications Emergency Management Emergency Management activities are overseen by a director with support from a full -time emergency planner. The Office of Emergency Management is responsible for mitigation, planning, response and recovery from natural and technical disasters. Washington County has a Local Emergency Planning Committee, overseen by Emergency Management, that coordinates disaster planning, conducts drills to exercise the County Emergency Operations Plan, and oversees a community outreach program consisting of home chemical safety training, citizen preparedness, and pertinent educational programs. Emergency Communications The Emergency Communications Center is overseen by a deputy director with five full-time executive support staff. The Emergency Communications Center processes all 911 calls for the County and all of the Washington County municipalities through one central dispatch location. The call center, combined with a new digital radio system, enables first responders to communicate in a safe, seamless and compatible way, enhancing their ability to respond to emergencies and save lives. The call center also integrates the City of Hagerstown’s and Washington County’s non-emergency responders, allowing them to serve the community quickly and efficiently. Emergency Services The County’s Division of Emergency Services (“DES”) oversees Fire and Rescue and the Emergency Medical Services Operations Programs. DES is led by a full-time career director and two full-time department heads who oversee the daily operational components of Emergency Services in Washington County. The division has 76 full-time and 23 part-time personnel working directly within the division. Public Safety Training Center A new Public Safety Training Center (the “PSTC”) became operational in 2022 with daily oversight being provided by DES, in collaboration with the Washington County Sheriff’s Office. The PSTC provides opportunities for enhanced training and collaboration among Fire, Emergency Medical Services and law enforcement agencies throughout Washington County and the Tri-State area. The PSTC currently encompasses 49 acres boasting academic classrooms. Fire and law enforcement areas for tactical training exercises and a defensive driving track are in the design phase. The PSTC also serves as host to the Washington County Law Enforcement Academy and the Division of Emergency Services Paramedic Training Program, which both involve academic connections to DES’s Firefighter Recruit Academy at Hagerstown Community College. Various courses sponsored by the Maryland Fire and Rescue Institute are also hosted at the PSTC. The PSTC is staffed by seven full-time employees who are split among fire, EMS and law enforcement training initiatives. Fire and Rescue Fire and rescue protection are coordinated through DES by the Deputy Director - Operations. Working collaboratively with the Washington County Volunteer Fire and Rescue Association (the “WCVFRA”), DES coordinates the services provided by 14 volunteer fire companies and eight volunteer ambulance companies throughout Washington County. All volunteer companies belong to the WCVFRA. The association has approximately 700 volunteers who provide a combination of firefighting, rescue, emergency medical and administrative services to the community. Several volunteer companies have hired career personnel to GOVERNMENT AND ADMINISTRATION 20 Washington County, Maryland supplement the volunteer staff during times of low volunteer availability. Special Operations activities are overseen by the Deputy Director - Operations. The County has a vision to become the regional leader in providing and coordinating efficient public services. In response to that vision the Special Operations Team has 56 full-time, 23 part-time and additional volunteer personnel who complete extensive training in various technical and/or specialized areas including hazardous materials, trench rescue, rope rescue, water rescue, structural collapse and confined space rescue. Fire protection within the City of Hagerstown is provided by a combination career and volunteer fire department. The department includes five stations with five engines and two ladder trucks. The department is led by a career Fire Chief, a Fire Marshall, two Assistant Fire Marshalls, and six Shift Commanders. The department has 84 full-time career firefighters and 43 trained volunteer firefighters. Emergency Medical Services The Emergency Medical Services (“EMS”) department provides leadership, direction, support and coordination to the County’s EMS system. The leadership works to continuously improve the efficiency and quality of medical services being provided to those who reside and travel within the County. EMS is overseen by the Deputy Director - Operations and includes 21 full-time advanced life support (“ALS”) technicians, 10 basic life support technicians (EMT’s) and five part-time ALS technicians. This team deploys four highly specialized ALS chase units which support the eight independent emergency medical services companies located in the County in the delivery of the highest quality pre -hospital care. Additionally, personnel are available for supplemental staffing to the independent companies and are available to provide additional resour ces for high-risk events and large public gatherings. A part-time medical director provides medical control and quality assurance programs to help ensure the highest quality of pre-hospital medical care is consistently delivered to County citizens. An assistant medical director also provides medical control and quality assurance activities to the Special Response Team, which consists of law enforcement personnel and paramedics who are trained to deal with high priority law enforcement activities. Environmental Management The Division of Environmental Management (“DEM”), which includes the Department of Water Quality, the Environmental Engineering Department, the Solid Waste Department, the Stormwater Management Department and the Watershed Department, was created in fiscal year 2007. The State and federal environmental initiatives as they pertain to water, wastewater, stormwater, solid waste and nutrients are all jointly related. DEM is responsible for integrating applicable regulations and applying them to the operations of these departments. Solid Waste The Washington County Solid Waste Department is responsible for a solid waste disposal system that protects the environment and public health. Currently the County disposes of solid waste at the 40 West Landfill, which opened in 2000. At current disposal rates, this site could meet the County’s estimated disposal needs until 2080. The County is in the process of evaluating other methods of handling solid waste as an alternative to landfilling. The department operates five solid waste convenience centers that are strategically located throughout Washington County. Supporting and strengthening individual and community self-reliance and responsibility in the areas of waste reduction, recycling and proper disposal of solid waste is the mission of the Solid Waste Department. Water Supply and Wastewater Facilities The County has a master water and wastewater plan, which assigns service priority designations for all areas within Washington County. These designations range from “No Planned Service” to “Existing and Under Construction”. The plan serves as a guide for the orderly development and expansion of water and wastewater facilities, both within Washington County and in those incorporated municipalities owning and operating their own systems, requiring the County or incorporated municipality to obtain a proper service designation before constructing or expanding water or wastewater services. The County is authorized to provide public water and wastewater service to areas outside the incorporated municipalities and may provide service within a municipal corporation located in Washington County with the consent of the municipality. The County currently provides water and/or wastewater services to nearly all of the immediate densely populated area surrounding the City of Hagerstown (except the Dual Highway corridor), the areas of Highfield, Elk Ridge, Sandy Hook, and the towns of Sharpsburg and Smithsburg. The incorporated municipalities of Hagerstown, Boonsboro, Clear Spring, Funkstown, Hancock, Keedysville and Williamsport all own their water/wastewater facilities, or portions thereof. In addition to providing the wastewater GOVERNMENT AND ADMINISTRATION Washington County, Maryland 21 services described above, the County operates the water and wastewater systems for the Town of Clear Spring. Five treatment plants serve the County water system with an aggregate capacity of 453,000 gallons per day, with individual plant capacities from 4,000 to 230,000 gallons per day. The County wastewater system is served by five treatment plants with an aggregate capacity of 5,746,000 gallons per day, with individual plant capacities from 21,000 to 4.5 million gallons per day. The County upgraded its wastewater facilities to comply with the State’s enhanced nutrient removal (“ENR”) strategy. The Winebrenner Treatment Plant ENR upgrade began construction in fiscal year 2015 and was completed in the fall of 2016. The Conococheague Wastewater Treatment Plant ENR upgrade began construction in the fall of 2016 and was completed in the spring of 2019. Usage of water and wastewater systems is measured in Number of Services and Number of Equivalent Dwelling Units (“EDUs”). Number of Services refers to the number of actual connections and EDU is a unit of measure, which equates the consumption, or flow of commercial or industrial connections, to the average flow of a residential dwelling unit. The County bills its customers quarterly except for those for which wastewater treatment service is provided by the City of Hagerstown, in which case the County’s charges are billed and collected on its behalf by the City of Hagerstown. The following table shows the total Number of Services and EDUs of the County’s water and wastewater systems and the annual residential user rates effective July 1, 2023. For customers receiving County collection services only, treatment is provided by the City of Hagerstown. Residential No. of No. of Annual (Avg) Services EDUs User Rate Full Service……………...……1,356 1,549 $760.04 Residential No. of No. of Annual (Avg) Services EDUs User Rate Full Service …………...………7,690 11,554 $727.04 Collection Service Only .….…4,020 5,270 $248.52 Wholesale ………………….…4 2,770 Total……………………..…..…11,714 19,594 Source: Washington County Department of Budget and Finance WATER SYSTEM WASTEWATER SYSTEM The County provides wastewater “treatment only” services to its wholesale customers, which are the towns of Williamsport and Smithsburg, the Conococheague Pretreatment Facility (the “Pretreatment Facility”) and the City of Hagerstown. The only major wastewater treatment facility for public use in Washington County, other than those operated by the County, is the Hagerstown Wastewater Treatment Plant, owned and operated by the City of Hagerstown, which has a capacity of eight million gallons per day. The Pretreatment Facility serves all of Washington County by providing pretreatment of non-hazardous industrial wastewater, landfill leachate and metals-bearing waste streams, and has a capacity of 125,000 gallons per day (current average usage is 115,000 gallons per day). The Pretreatment Facility was privatized in 2006 through a long-term lease to a private corporation. ECONOMIC AND DEMOGRAPHIC INFORMATION 22 Washington County, Maryland III. Economic and Demographic Information Department of Business and Economic Development The Washington County Department of Business and Economic Development (“DBED”) is dedicated to creating and sustaining a positive pro-business climate. DBED currently has six full-time employees conducting the day-to-day operations of the department, as well as business support and resources, business retention efforts within the County and marketing business attractions locally and nationally. Throughout the year DBED meets with representatives of existing companies in need of assistance, as well as businesses interested in moving or expanding to Washington County . Discussions include appropriate funding programs, incentive benefits, customized training programs, workforce development efforts and other sources of business support. DBED has formed strategic partnerships with such organizations as the Maryland Department of Commerce, the City of Hagerstown, the Washington County Chamber of Commerce, The Greater Hagerstown Committee, Inc., Maryland Economic Development Association and Washington County Convention & Visitors Bureau in order to better serve the needs of businesses in Washington County. DBED was actively involved in Washington County becoming certified as the first ACT Work Ready Community in Maryland, an initiative that matches the labor force with available jobs in Washington County. DBED administers the Enterprise Zone Program, identifying eligible businesses that qualify for local real property tax credits and State income tax credits in the City of Hagerstown and elsewhere in Washington County. For tax year 2023-24 (fiscal year 2024), the City of Hagerstown and the County granted $1,086,424.33 and $1,244,370.46, respectively, in real property tax credits for private capital investment. The State of Maryland is expected to reimburse $543,212.20 to the City of Hagerstown and $622,185.28 to the County for these credits. Business Development New and Expanding Businesses In calendar years 2023 and 2024, the County experienced new and expanding businesses highlighted by the creation of 1,360 new jobs and known new investments of approximately $271.4 million. Many of these achievements are a result of incentive packages provided through partnerships of the County and State to provide training programs, State financing, and Enterprise Zone tax credits. Projects under development in calendar years 2023 and 2024 and significant projects announced in calendar years 2023 and 2024, the latter of which are cumulatively expected to provide an additional 5,950 new jobs and approximately $1.32 billion of new investments, are noted in the following table based on the most recent information available: ECONOMIC AND DEMOGRAPHIC INFORMATION Washington County, Maryland 23 Completed/ Expected Project #New Company Name Business Type Completion Cost (1)Jobs (1)SF Ausblick (Western Maryland Parkway, Hagerstown)Warehouse/Distribution 1Q23 21,100,000.00$ 250 269,522 New Jobs/Construction Bowman Development (Showalter Road, Hagerstown)Warehouse/Distribution 1Q23 55,000,000.00$ 250 801,000 New Jobs/Construction Johnson Development ( Oak Ridge Drive, Hagerstown)Warehouse/Distribution 1Q23 150,000,000.00$ 800 1,800,000 New Jobs/Construction Hagerstown Aviation Museum Inc Commercial 2Q23 4,500,000.00$ 0 43,834 Renovation/no new jobs ACE Hardware Commercial 3Q23 800,000.00$ 8 11,913 Expansion DOT Foods Manufacturing/Distribution 3Q23 1,300,000.00$ 0 1,750 Expansion Chick-fil-A Commercial 3Q23 1,400,000.00$ 20 4,097 New Jobs/Construction Volvo VPL (Volvo Way, Hagerstown)R&D 3Q23 33,000,000.00$ 12 300,000 Dunkin' Donuts Commercial 3Q23 2,250,000.00$ 0 8,232 New Jobs/Construction Panera Bread Commercial 4Q23 765,000.00$ 0 0 Renovation/no new jobs EQI Ltd Commercial 4Q23 1,300,000.00$ 20 84,000 Expansion Sub-totals 271,415,000.00$ 1,360 3,324,348 Malarkey Roofing Products Manufacturing 2Q23 50,000,000.00$ 70 125,000 New Jobs/Renovation Packaging Services of Maryland, Inc.Manufacturing 3Q23 1,000,000.00$ n/a 4,600 Renovations Big Spring Solar LLC (Name ChangeLouth Callan Renewables Solar Company)Commercial 4Q23 3,400,000.00$ 0 New Business Currwood (National Pike, Hagerstown 2nd Bldg)Warehouse/Distribution 4Q23 50,000,000.00$ 0 300,000 New Jobs/Construction Hitachi Rail (Greencastle Pike, Hagerstown)Manufacturing/R&D 4Q23 80,000,000.00$ 300 300,000 New Jobs/Construction First Breach (Showalter Road, Hagerstown) Phase II Manufacturing/Distribution 1Q24 16,000,000.00$ 70 116,000 National Pike Logistics (Northpoint Development, Bldg. 1, Hagerstown)Warehouse/Distribution 1Q24 126,000,000.00$ 500 600,000 New Jobs/Relocation/Construction Great American Brewery (Shepherdstown Pike, Sharpsburg)Potomac Ridge Agricultural/Manufacturing 1Q24 500,000.00$ 12 2,800 New Business Trammell Crow Company (Greencastle Pike, Hagerstown Rhoton Farm)Warehouse/Distribution 1Q24 100,000,000.00$ 1000 2,000,000 New Jobs/Construction Gateway Business Park (Bentonville Drive -Goodman A/C & Heating)Flex /Warehouse 1Q24 3,500,000.00$ 20 50,000 New Jobs/Construction Gateway Business Park (Arnett Drive flex space)Flex /Warehouse 1Q24 3,500,000.00$ 30 40,000 New Jobs/Construction Concerted Care Clinic Commercial 1Q24 500,000.00$ 20 9,800 New Jobs/Construction Sheehy Volkswagen Hagerstown Commercial 1Q24 1,110,000.00$ 0 6,333 Expansion Sheetz Dual Highway Commercial 1Q24 2,250,000.00$ 30 6,139 New Jobs/Construction Sheetz Longmeadow Commercial 2Q24 3,500,000.00$ 30 6,100 New Jobs/Construction Stadium - Flying box cars Commercial 2Q24 90,000,000.00$ 15 New Jobs/Construction Emerald Pointe (2 business - Dunkin Donuts/ Italian Bistro)Commercial 2Q24 1,500,000.00$ 25 6,018 Expansion Creekside Bar and Grill Commercial 2Q24 700,000.00$ 1,821 Renovations Chop House /Branded Steak House (Boonsboro)Commercial 2Q24 6,000,000.00$ 10 4,521 New Jobs/Renovation Vineyards of Mapleville Manor/Kinds Farm Agricultural/Manufacturing 2Q24 1,000,000.00$ 3 6,400 New Jobs/Expansion Lowes Flatbed Distribution Center Distribution 2Q24 18,100,000.00$ 206,155 Expansion Certanteed Coporation Commercial 2Q24 17,000,000.00$ 0 160,672 Renovations Meritus Physical Therapy (Valley Mall)Medical Office 2Q24 2,500,000.00$ 23 5,600 New Jobs/Renovation Burger King (Hancock)Commercial 2Q24 820,000.00$ 30 3,270 Trammell Crow Company (Sterling Road, Hagerstown) Conair Warehouse/Distribution 3Q24 100,000,000.00$ 700 2,200,000 New Jobs/Construction Sports Complex - Hagerstown Field House Commercial 3Q24 22,000,000.00$ 114,000 New Jobs/Construction Professional Boulevard Corridor (Yale Drive to Eastern Blvd Bridge)Infrastructure 4Q24 8,900,000.00$ Construction National Pike Logistics (Northpoint Development, Bldg. 2, Hagerstown)Warehouse/Distribution 4Q24 75,000,000.00$ 300 1,400,000 Penzance (Cushwa Farms, Spickler Road, Williamsport)Warehouse/Distribution 4Q24 50,000,000.00$ 400 510,000 New Jobs/Construction Hagerstown Field House Commercial 4Q24 26,000,000.00$ 43 114,000 Construction Meritus Health System Osteopathic Medical School 3Q25 146,000,000.00$ 1,600 196,000 New Jobs/Construction Cascade Properties (Former Fort Ritchie)Mixed Use 4Q25 200,000,000.00$ New Jobs/New Business/Renovation Martin Farm (Diversified Capital)Commercial 4Q25 5,000,000.00$ 1,000,000 Construction Sub-totals 1,211,780,000.00$ 5,231 9,495,229 Webstaurant Warehouse/Distribution 4Q23 100,000,000.00$ 700 1,649,200 New Jobs/Construction AutoZone (Shops at Sharpsburg Lot 5)Commercial 3Q24 315,077.00$ 12 7,360 Take 5 Car Wash (Shops at Sharpsburg Lot 4)Commercial 3Q24 2,000,000.00$ 7 3,770 Watson Town Trucking Commercial 1Q25 8,000,000.00$ 150,000 Construction Sub-totals 110,315,077.00$ 719 1,810,330.00$ 1,593,510,077$ 7,310 14,629,907 Source: Washington County Department of Business and Economic Development (1) Estimates based on company announcements. Note: In the "New Jobs" and "SF" columns above, blank fields represent an unknown number at this time, which is likely not zero. Projects Announced in 2023/24 Totals for Projects 2023/2024: Washington County, Maryland -- Significant Business Activity for 2023/2024 Type of Activity Completed Projects 2023/2024 New Jobs/Expansion Projects Under Development 2023/24 New Jobs/Construction New Jobs/Construction New Jobs/Construction New Jobs/Expansion New Jobs/Construction ECONOMIC AND DEMOGRAPHIC INFORMATION 24 Washington County, Maryland Business Parks and Sites Through DBED, the County promotes the development of both private and non-profit business parks and sites. The County also successfully obtains financing for necessary infrastructure through various State and federal agencies to support these developments as locations for new and expanding businesses. The County offers prospective businesses a selection of sites in planned industrial/business parks, which as of February 28, 2024 included the following: Park Total Available Ownership Acreage Acreage City of Hagerstown—Washington County Enterprise Zone: Valley Business Park ………………………...…..…………………273 0 Private Hagerstown Business Park ………………………...…..………….90 8 Private Hagerstown Industrial Park ………………………...…..…………251 0.22 Private Hunt Ridge Business Park ………………………...…..…………..57 0 Private MKS Business Park ………………………...…..………………….81 0.27 Private Town of Hancock Enterprise Zone: Hancock Industrial Park………………………………………..…185 0 Town Rayloc Business Park………………………………………..…..55 0 Town Other Locations: Airport Business Park …………………….…….….……..………205 0 Nonprofit Antietam Industrial Park …………………….…….….……..……27 0 Nonprofit Bowman Airpark ………………….…....……………..……...........56 0 Private Crossroads Business Park……….…....……………..……...........122 5 Private Earley Industrial Park ………….........………….…....……………160 0 Private Friendship Technology Park ………………….…....……………435 0 Private Gateway Business Park………………………..…………….……65 1 Private Greencastle Pike Business Park………………..…………….…..127 70 Private HGR Aviation Tech Park………………………………….………162 0 Private Hub Business Park………………………………….……………..130 0.5 Private Hunter’s Green Business Center…………..……..………………676 0 Private Huyetts Business Park…………..……..……………............…….66 0 Private Interstate Industrial Park…………..……..……………............….457 0 Private Interstate 70/81 Industrial Park…………..……..……………...…178 0.5 Private Light Business Park …………………….……….………...………24 0.14 Private Mount Aetna Technology Park at Hagerstown (MATH)……..261 0 Nonprofit Newgate Industrial Park………………………….………………..161 65.67 Nonprofit Orchard Park at Label Lane….........................................................20 0 Nonprofit Potomac Parkway/Lockwood Business Area…………………..53 0.5 Private Showalter Road Center…………………..……….………………..89 0 Private New Heights Industrial Park…..…………..……….……………….56 6 Private Vista Business Park………………………………………………..177 0 Private Washington County Business Park.......………………...…...…..212 1 County Westgate Industrial Complex……………………………………..175 175 Private Source: Washington County Department of Business and Economic Development ECONOMIC AND DEMOGRAPHIC INFORMATION Washington County, Maryland 25 New Jobs Tax Credit Program The “New Jobs Tax Credit” is a program initiated by the County in November 2002. The credit was created to help attract to the local business community companies that are involved in a high-tech industry and that offer well-paying jobs. The program provides a six-year tax credit for businesses that either expand or relocate in Washington County and qualify under the program’s guidelines. The credit applies to Washington County’s tax that is imposed on real property owned or leased by the business and the tax imposed on personal property owned by that business. Enterprise Zone Tax Credit Programs Approximately 6,446 acres in Washington County are within two State-designated Enterprise Zones. The City of Hagerstown/Washington County Enterprise Zone was renewed and expanded by the State in 2022. This zone now encompasses approximately 4,946 acres located within the City of Hagerstown and Washington County. The zone has more than doubled in size and includes Hopewell Valley Industrial Park, Washington County Business Park, CSX Valley Park, the City of Hagerstown Business Park and the Central Business District in downtown Hagerstown. The Hancock Enterprise Zone was renewed in 2015. This 1,500-acre zone surrounds the Town of Hancock, stretching from the Pennsylvania border to the Potomac River. The zone includes commercial and industrial development opportunities in select areas of Hancock as well as commercial frontage along Main Street. Local and State incentives are available to new or expanding companies in these zones to promote growth of the industrial and commercial base. Qualified businesses can receive local property tax credits for capital investment and State income tax credits for the creation of new jobs. Each Enterprise Zone is approved by the State for a 10-year period. Pad-Ready Commercial Stimulus Program The Board adopted the “Pad-Ready” Commercial Stimulus Program on October 25, 2011. The program is designed to encourage developers/builders to bring undeveloped land to a shovel-ready state but is also intended for sites with existing buildings in need of redevelopment. Under the program, undeveloped parcels of land, demolitions, renovations and expansions of existing buildings qualify for incentives. Qualifying projects are entitled to priority plan review by the Washington County Development Advisory Committee, deferral of County site-plan application and review fees and a real-estate tax credit issuance once buildings are constructed and occupied. The tax credit is four-tenths of one percent (0.004) of the construction cost of the new improvement as determined by the DBED and will apply for three consecutive years. High Performance Building Tax Credit Program On February 7, 2012, the Board established the High Performance Tax Credit Program. Under the program, property tax credits are available for buildings that receive silver, gold, or platinum certification in the national LEED (Leadership in Energy and Environmental Design) ranking system. The amount of the credit depends on which level of certification the building receives and the increase in its assessed value after construction. Silver buildings are credited 20 percent of the taxes due on that increase; gold buildings, 25 percent; and platinum buildings, 30 percent. Job Creation and Capital Investment Real Property Tax Credit Program The Job Creation and Capital Investment Real Property Tax Credits Program was enacted by the Board in May 2017 to help attract companies to the local business community that offer well-paying jobs. It is also available to new or established businesses within the County that expand. This program provides up to a 15-year tax credit for businesses that either expand or locate in Washington County. The credit applies to Washington County’s real property tax that is imposed on real property owned or leased by the business, if the business qualifies under the program’s guidelines. HUBZone The Historically Underutilized Business Zones (HUBZone) program, through the Small Business Administration, helps small businesses in urban and rural communities gain preferential access to federal procurement opportunities. Benefits for HUBZone certified companies include competitive and sole sourcing contracting, 10% price evaluation preference in full and open contract competitions, as well as subcontracting opportunities. The federal government’s goal is to award at least three percent of all federal contracting dollars to HUBZone certified small businesses each year; to date, no businesses in the County have qualified. ECONOMIC AND DEMOGRAPHIC INFORMATION 26 Washington County, Maryland Opportunity Zone The federal Opportunity Zone program, started in 2019 and ending in 2029, allows investors to receive substantial federal tax incentives over that 10-year period by investing their capital gains into Opportunity Zones. Washington County has five Opportunity Zones in two areas: City of Hagerstown and the Town of Williamsport. Opportunity Zones feature new federal tax incentives designed to drive long-term private investment to distressed communities. Investors are able to defer and even reduce their federal tax liability on the sale of assets if they place their gains into an Opportunity Fund, which pools capital and support investments in small businesses and real estate within the Opportunity Zones in order to improve communities and the quality of life for residents. C-PACE Commercial Property Assessed Clean Energy (C-PACE) is a state policy-enabled financing mechanism that allows building owners and developers to access the capital they need to make energy related deferred maintenance upgrades in their existing buildings, support new construction costs and make renewable energy accessible and cost-effective. C-PACE makes it possible for commercial property owners to obtain low-cost, long-term financing for energy efficiency, water conservation and renewable energy projects. Most commercial property types qualify for C-PACE financing. The program starts with a state-level government policy that classifies clean energy upgrades as a public benefit – like a new sewer, water line or road. These upgrades can be financed with no money down and then repaid as a benefi t assessment on the property tax bill over a term that matches the useful life of improvements and/or new construction infrastructure (typically ~approximately 20-30 years). The assessment transfers on the sale of the property and can be passed through to tenants where appropriate. While facilitating sustainability efforts, the program reduces property owners’ annual costs and provides dramatically better -than- market financing for new green construction. Brownfields Revitalization Incentive Program The Brownfields Revitalization Incentive Program (BRIP) provides that a site that qualifies for this incentive program may also qualify for real property tax credits. The site must be in a jurisdiction that participates in the BRIP and be owned by an inculpable person. For five years after cleanup, a site may qualify for a real property tax credit between 50% and 70% of the increased value of the site. (In an Enterprise Zone, the tax credit may last for up to 10 years). This credit, combined with other real property tax credits, may not exceed 100% of the tax on the increased value of the site. Foreign Trade Zone Washington County’s Foreign Trade Zone (“FTZ”) #255 status was approved by the United States Department of Commerce’s Foreign-Trade Zone Board on July 3, 2002. On October 27, 2023, the United States Department of Commerce’s Foreign-Trade Zones Board approved Washington County’s application to reorganize and expand FTZ #255 under the Alternative Site Framework (“ASF”), including the Board’s standard 2,000 -acre activation limit for the zone.. The sites are ideally zoned for manufacturing, distribution, and warehousing activities. FTZs have been shown to provide direct benefits to local businesses involved in foreign trade. Through the reduction, elimination, and deferral of tariffs, firms located within Washington County’s FTZ #255 can be more competitive in international markets. Utilities, Transportation and Communication Utilities Electricity: Potomac Edison, a FirstEnergy Company, with its Western Maryland headquarters located in Washington County, serves the County with a system of transmission and distribution lines of various voltages connected to its generating stations. The City of Hagerstown distributes electricity to many parts of the city. Telecommunications: State-of-the-art communications infrastructure, including hybrid digital cable, fiber optic, wireless data, and cellular systems deliver broadband service via national and regional vendors operating within Washington County including AT&T, Antietam Cable, Comcast, and Verizon. Natural Gas: Columbia Gas of Maryland serves the area with natural gas. Propane is also readily available. ECONOMIC AND DEMOGRAPHIC INFORMATION Washington County, Maryland 27 Transportation Highways: Washington County is served by Interstate Highways I-81, I-70 and I-68, complemented by U.S. 40 and U.S. 11 and State Routes 60, 63, 64, 65 and 68. These highways put Washington County businesses within a day’s drive of one-third of the U.S. population and half of all retail trade. The Baltimore and Washington, D.C. beltways are an hour’s drive from central Washington County. Air: The Hagerstown Regional Airport (HGR) is a Part 139-certified facility. HGR provides affordable flights to warm leisure destinations. Allegiant Airlines flies to Orlando/Sanford (SFB) year-round with two to three flights per week. Two to three weekly flights are also offered for approximately 10 months of the year to St Pete-Clearwater (PIE) on Florida’s Gulf Coast. Finally, as many as four weekly flights to Myrtle Beach (MYR), South Carolina, are available for three months of the summer and two weekly flights are available for two months of the early fall season. HGR also offers fixed base operator (FBO) services to general aviation, corporate, air cargo and military aircraft at the Rider Jet Center. There are nearly 40 airport-based businesses employing nearly 2,000 workers and providing a variety of aeronautical services to nearly all types and sizes of aircraft. In addition, Washington-Dulles International (IAD), Baltimore/Washington International Thurgood Marshall (BWI) and Ronald Reagan Washington National (DCA) airports are also located within 75 miles of Hagerstown. Rail: CSX Transportation and Norfolk Southern Corporation Railways provide economical shipment anywhere on the Atlantic seaboard. CSX, with a public siding, operates daily trains and connects with other major carriers for long-distance shipping. The Norfolk Southern mainline is just outside of Hagerstown and a CSX interchange with Norfolk Southern is in Hagerstown for nationwide access. Immediately adjacent to Washington County in Greencastle, Pennsylvania, Norfolk Southern Rail operates a 200-acre intermodal terminal. The County is also only 19 miles from CSX’s 85-acre intermodal terminal in Chambersburg, Pennsylvania. Daily Amtrak and weekday MARC passenger services are available from Martinsburg, West Virginia (23 miles south of Hagerstown). MARC passenger service from neighboring Frederick County to Washington, D.C. is also available. Local Transportation: Washington County Commuter provides local bus service throughout Washington County. Local taxi service, Lyft, Uber, auto rental and leasing services are available within Washington County. Communication Newspapers: The daily newspaper, The Herald-Mail, has a Monday-Saturday circulation of 17,000 and a Sunday circulation of 19,000. The Hancock News, with a weekly circulation estimate of 1,200, also serves Washington County. Several metropolitan newspapers, including the Washington Post and The Baltimore Sun, are available daily to residents. Television: WDVM provides local news, weather, community information, sports coverage and programming to the tri- state area. Antietam Broadband and Comcast offer cable and digital television services. Satellite television is available through private vendors. Internet: There are numerous private vendors providing local dial -up, wireless and broadband Internet access. The Washington County Free Library provides access to the Internet through SAILOR, the State of Maryland’s Online Public Information Network. Population The following table illustrates the population growth of Washington County, the State of Maryland and the United States from calendar years 1970 to 2022. ECONOMIC AND DEMOGRAPHIC INFORMATION 28 Washington County, Maryland Percent Percent Percent Year Population Change Population Change Population Change 2022 155,590 0.6 6,164,660 1.8 334,914,895 1.0 2020 154,705 4.8 6,055,802 4.7 331,646,948 7.2 2010 147,430 11.8 5,773,552 9.0 308,745,538 9.7 2000 131,923 8.7 5,296,486 10.8 281,421,906 12.7 1990 121,393 7.3 4,781,753 13.4 249,633,000 10.2 1980 113,086 9.9 4,216,000 7.4 226,505,000 11.4 1970 103,829 —3,923,897 —203,302,000 — Source: U.S. Department of Commerce, Bureau of the Census for 1970, 1980, 1990, 2000, 2010, 2020 US. Bureau of the Census Quick Facts Population Census 2020; estimates as of July 1, 2022 (V2022) Population Growth State of Maryland United StatesWashington County ECONOMIC AND DEMOGRAPHIC INFORMATION Washington County, Maryland 29 Income Median household Effective Buying Income (“EBI”) in Washington County was estimated at $73,017 for calendar year 2022. The median household EBI for Washington County, the State of Maryland and the United States are estimated as follows: 2022 2021 2020 2019 2018 Washington County $73,017 $65,367 $63,510 $60,680 $59,719 State of Maryland 98,461 90,203 87,063 86,738 81,868 United States 75,149 69,717 64,994 65,712 60,293 Source: United States Census Bureau 2022 American Community Survey Quick Facts - 1 yr estimates Median Household Effective Buying Income Comparative statistics relating to the distribution of EBI for calendar year 2022 are presented in the following table: Households By EBI Group Washington County State of Maryland United States Under $25,000 13.2%11.6%15.7% $25,000 - $49,999 20.6 13.3 18.1 $50,000 - $74,999 15.3 13.6 16.1 $75,000 - $99,999 13.0 12.3 12.8 $100,000 - $149,999 18.5 19.3 17.1 $150,000 - $199,999 7.7 12.1 8.8 $200,000 and over 11.8 17.9 11.4 Source: Maryland Department of Commerce, Brief Economic Facts for Washington County, MD Distribution of Effective Buying Income (2022) Area Labor Supply Washington County has an available civilian labor force of approximately 70,961. In addition, businesses draw employees from Allegany, Frederick and Garrett counties in Maryland; Franklin and Fulton counties in Pennsylvania; and portions of Berkeley, Jefferson and Morgan counties in West Virginia. The civilian labor force for all these counties totals more than 422,816. ECONOMIC AND DEMOGRAPHIC INFORMATION 30 Washington County, Maryland Employment Within Washington County there are more than 3,500 businesses. The following table shows the employment statistics for the 15 largest employers in Washington County as of December 2023. Employer Employment Washington County Public Schools…………………………………….3,705 FedEx Ground…………………………………………………………2,654 Meritus Health……………………………………………………2,590 State of Maryland ………………………………………………………..1,855 Volvo Group…………………………………………………………….1,836 Washington County Government………………………………………1,418 Amazon………………………………………....................................1,200 FiServ…………………………………………………………………993 Bowman Group, LLP (The)………………………………………………861 Hagerstown Community College………………………………………..700 AC&T Co........................................................................................608 Walmart...............................................................................................565 ARC of Washington County……………………………………………………….545 Merkle Response Management Group………………………………..545 Brook Lane Health Services................................................................... 475 Source: Washington County Department of Business and Economic Development; Maryland Department of Commerce, Brief Economic Facts 2023 Unemployment Rate Unemployment in Washington County averaged 4.5% between calendar years 2019 and 2023. The following table indicates the County’s average unemployment rate as compared with the State of Maryland for the five most recent calendar years. 2023 2022 2021 2020 2019 Washington County 2.3%4.3%5.3%6.8%3.8% State of Maryland 2.1%4.4%5.6%6.8%3.6% Source: Maryland Department of Labor Unemployment Rate – Annual Average ECONOMIC AND DEMOGRAPHIC INFORMATION Washington County, Maryland 31 Construction Activity Construction activity during calendar years 2019-2023 in Washington County is provided below: Year Ended Dec. 31 Number Value Number Value Number Value 2023 209 $ 58,876 1,066 $ 229,863 1,275 $ 288,739 2022 249 94,213 1,024 314,319 1,273 408,532 2021 232 71,510 1,009 142,689 1,241 214,200 2020 182 46,990 967 216,220 1,149 263,210 2019 200 50,455 1,002 175,029 1,202 225,484 Building Permits (Value in Thousands) Source: Washington County Department of Permits and Inspections Residential New Other Permits Total Housing Starts The number of single family housing starts in Washington County for the past five calendar years is listed below: Single Family (One and Two‑Unit Structures) 2023 197 2022 227 2021 220 2020 171 2019 193 Source: Washington County Department of Permits and Inspections Year Ended December 31 During the years ended December 31, 2019, 2020, 2021, 2022 and 2023 there were no multi-family units constructed. ECONOMIC AND DEMOGRAPHIC INFORMATION 32 Washington County, Maryland Agriculture Agriculture is an important part of Washington County’s economy. Approximately 121,251 of Washington County’s 293,223 acres (41%) are considered farmland by the U.S.D.A. Agricultural Statistical Service. By far the greatest contributors to agriculture are the livestock and dairy industries. Livestock, poultry and other animal products account for approximately 75% of the total farm sales. Washington County is the heart of the fruit industry in Maryland. Apple and peach growers harvest nearly 1,464 acres annually producing approximately 54% of the State’s apple crop and 31% of the State’s peach crop each year. Dairy is the principal livestock enterprise. The average number of milk cows is 10,815 head, ranking first in the State. In addition to milk and fruit, the other chief agricultural commodities are beef cattle and cereal grains. Selected agricultural statistics for Washington County for calendar year 2022, the most recent year for which such information i s available, are as follows: 121,251 140 $1,209,385 $8,668 $167.9 mil $193,219 Average per acre…................................................................. Average market value of products sold per farm…………………………….….. Source: U.S.D.A. Agriculture Census 2022. Census conducted every five years. Washington County Agriculture Statistics, 2022 877Number of farms…………….………………………….......... Total Land in farms………….…………………..................... Average per farm..…………………………….…..……........ Average acres/farm………….………………….................... Estimated market value of land and buildings: Total farm income…………………………….…..……......... FINANCIAL INFORMATION Washington County, Maryland 33 IV. Financial Information Accounting System The accounts of the County are organized on the basis of funds, each of which is considered a separate fiscal and accounting entity. The financial position and operations of each fund are accounted for with a self-balancing set of accounts, recording cash and other financial resources, together with all related liabilities and residual equities or balances, and changes therein, which are segregated for the purpose of carrying on specific activities or attaining certain objectives in accordance with special regulations, restrictions or limitations. Fund Structure The revenues and receipts of the County are allocated to, and accounted for, in individual funds based upon the purposes for which they are to be spent. The various funds are identified in the financial statements of the County. The fund types used by the County are Governmental Funds (General, Special Revenue and Capital Projects), Proprietary Funds (Enterprise and Internal Service) and Fiduciary Funds (Trust and Agency). Details of the County’s fund structure are set forth in the Notes to the financial statements for fiscal year 2023 that are included in Appendix A to this Official Statement. The County’s general fixed assets and general long-term obligations are reported in the applicable governmental or business-type activity columns in the government-wide financial statements. Basis of Accounting, Measurement Focus, and Financial Statement Presentation Basis of accounting refers to the time at which revenues and expenditures are recognized in the accounts and reported in the financial statements. Basis of accounting relates to the timing of the measurement made, regardless of the measurement focus applied. The accounting policies of the County conform to generally accepted accounting principles as applicable to governments. The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the proprietary fund and fiduciary fund financial statements. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. Governmental fund financial statements for the General Fund, Special Revenue Fund and Capital Projects Fund are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the government considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. Taxpayer-assessed income, gross receipts, and sales taxes are considered “measurable” when in the hands of intermediary collecting governments and are recognized as revenue at that time. Anticipated refunds of such taxes are recorded as liabilities and reductions of revenue when they are measurable and their validity seems certain. Accounting Enterprise System The County utilizes an integrated financial, human resource, and budget enterprise system. This enterprise system has a web-based platform that streamlines workflow, which allows the County to automate numerous processes including real-time reporting. All County departments have access to the system for requisitioning, reporting and inquiries for information concerning accounts and project status at any time. The system provides an excellent means for control of finances and allows for efficient use of resources. It also promotes accountability by generating timely reports and allowing budgetary controls for management. FINANCIAL INFORMATION 34 Washington County, Maryland Capital Budget Preparation Software The County uses a web-based capital budget preparation and monitoring system. It allows all departments and outside agencies to access the system and input their capital budget requests, including funding sources, cost categories and operational costs. The County set up a priority-ranking matrix system within the software. The ranking system is composed of 14 scored and weighted criteria, which is the basis for assigning projects into one of the five priority ranking categories. The ranking system provides management with the information required to make decisions regarding scheduling and funding for each project. The capital budget system provides multiple reporting options and allows for continuous monitoring of activities of existing projects. Budget Process and Schedule The County’s budgetary practices focus on long-term financial planning to ensure that budget decisions are understood over multiple years and to assess whether program and service levels can be sustained over those years. Practices require the development of organizational goals, policies and procedures to achieve the goals, and making the allocation of resources available to accomplish the goals. The County’s budget process is key to its long-range strategic plan. With the adoption phase ending in May, the entire budget process encompasses nine months in preparation time. Financial forecasts, economic trends, policy reviews and citizen input are all part of this process and result in the development of the operating and capital budgets for the year. The following describes the phases of the budget process. Financial Capacity and Analysis Phase The County develops statistical analysis of major revenue sources through various available resources. The County prepares and annually updates a long-range (five year) financial forecasting system, which includes projections of revenues, expenditures, future costs, financing of capital improvements that are included in the Capital Improvement Budget, Cost of Service Plans and the Operating Budget. Revenue estimates are monitored to identify any potential trends which would significantly impact the various revenue sources. The County reviews current construction trends, the number of building permits, mortgage rates and other economic data that can impact revenue collections. The County uses other financial modeling techniques that impact the long-term operations and rates for the Water Quality and Landfill Enterprise Funds. The County annually undertakes a detailed analysis of its financial position. The County then plots and converts its financial position into certain financial ratios and examines its performance trend. Most of the financial trend analysis includes peer group median and historical data. Trend indicators are tracked for specific elements of the County’s fiscal policies for evaluation. Debt capacity is evaluated on an annual basis prior to the adoption of the Capital Improvement Budget. The County examines statistical measures to determine debt capacity and creates ratios, which it compares to the ratios of other counties within its peer group, rating agency standards and Washington County’s historical ratios to determine debt affordability. The economic and financial trend analysis is an integral part of the County’s decision-making process that includes short and long-term forecasts. The County’s current financial condition as well as future financial capacity, long-range plans and future goals and visions are evaluated. During this phase forecasting assumptions, policy and reserve reviews, compensation adjustments and inflation assumptions are made. FINANCIAL INFORMATION Washington County, Maryland 35 Budget Development Start The development of the budget starts with notice to departments and agencies that the capital and operating budget programs are ready for input. Instructions for completing the budgets, due dates, updated information on budgetary numbers, personnel positions and goals are included with the notification. Budget Development Phase Capital Improvement Budget development begins in the winter after the development of the debt capacity and financial trend and economic trend analysis. The Capital Improvement Plan (the “CIP”) provides a comprehensive approach to planning and impacts all facets of County operations. The County Administrator, the CFO, the Director of Engineering, the Director of Planning, and the Director of Public Works comprise the Capital Improvement Program Committee (the “CIP Committee”). From the time the CIP’s initial annual review begins in October through its adoption in May of each fiscal year, there is constant interaction among departments, the CIP Committee and the elected officials. This effort is characterized by cooperation and reflects a common goal of ensuring that the CIP meets the objectives of the County and remains affordable and achievable. The CIP is reviewed in conjunction with the annual debt affordability analysis and with revenue projections, inclusive of rate analysis, in order to determine funding availability. A financial analysis of funding sources and project costs is conducted for all proposed capital improvement projects in conjunction with the results of the priority ranking system. It is the CIP Committee’s responsibility to review all requests that County departments and agencies submit. Based on the results of the priority ranking, current and future needs as developed in the 10-year CIP and available funding sources, the CIP Committee determines which capital projects best meet established criteria for the current fiscal year Capital Improvement Budget and the 10-year forecast. Operating impacts of current and proposed capital projects are also taken into consideration by staff when developing the Capital Improvement Budget. Operating Budgets represent existing service levels and two years of prior historical information. Departments and agencies request funding for the upcoming fiscal year. Any increases in program and services require justification, as do all capital outlay requests. These requests are summarized with projected funding shortfalls or overruns calculated. Review/Modification Phase The CFO presents the Operating and Capital Improvement Budgets to the Board. Preliminary recommendations are reviewed to ensure that preliminary budgets address the County’s goals and fiscal management policies. The County Administrator and the CFO work with the Board on the proposed budget documents for adoption. Adoption Phase Proposed budgets are voted on by the Board to take to a public hearing to communicate to the general public for all operating and capital funds. Increases to the real property tax rate are also scheduled for a public hearing. Advertisement is disseminated through the local newspaper, handouts and the County website. Documents and handouts are prepared for the public. The public hearings are held concurrently for the proposed budgets and real property tax rate. A 10-day waiting period is held for public comment. Local law requires a balanced budget to be adopted by July 1st. Budget Monitoring Department managers are responsible for their budgets throughout the fiscal year. Expenditure percentages are calculated and compared to budget. Corrective action, if necessary, is taken if serious negative trends exist. Management and the Board have real-time budgeting reports available on-line, as well as updates on major events and/or issues. The County’s Operating Budget is adopted at the program/service level and the Capital Improvement Budget is adopted at the project level. Transfers between programs or projects in excess of $25,000 require Board approval. Any transfer out of contingency requires the approval of the Board. The CFO reviews the project status and revenues before any issuance of debt. Any modification to a project and/or the total debt to be issued based upon this review is required to be approved by the Board , either for an increase or decrease in total borrowing amount or for a change in the total borrowing source. FINANCIAL INFORMATION 36 Washington County, Maryland General Fund Revenues and Expenditures The General Fund’s major function is to provide funding for education, public safety, courts, planning, permits, public works, parks and recreation, general operations and economic development. The major revenue sources to provide these programs and services for the public are: Real and Personal Property Tax, Income Tax and Recordation Tax. The following table displays the County’s General Fund actual revenues and expenditures compared to the final budget for fiscal year 2023, budgeted revenues and expenditures for fiscal year 2024, and the proposed budget for fiscal year 2025. Fiscal Year 2024 Fiscal Year 2025 Final Actual Original Proposed Budget Amounts Budget (1) Budget REVENUES Property Tax Real Property Tax………………………………………………………………………………………122,128,770$ 123,922,504$ 129,946,870$ 138,750,570$ Personal Property Tax……………………………………………………………………………..14,603,570 18,848,775 15,477,230 16,154,320 Property Tax Interest Income………………………………………………………………….395,000 384,421 395,000 395,000 Other Property Tax……………………………………………………………………………………1,065,670 1,036,945 1,273,350 983,160 State Administrative Fees ……………………………………………………………………………………(550,000) (562,636) (550,000) (575,000) PropertyTax Discounts, Credits, and Fees……………………………………………………..(2,779,880) (2,566,214) (3,165,300) (3,287,930) Total Property Taxes…………………………………………………………………………134,863,130$ 141,063,795$ 143,377,150$ 152,420,120$ Other Local Taxes Income Tax…………………………………………………………………………………………………109,367,510$ 121,057,937$ 116,692,810$ 121,388,350$ Admissions and Amusement Tax………………………………………………………….175,000 498,807 - 475,000 Recordation Tax………………………………………………………………………………………..7,090,000 9,974,278 8,452,000 7,606,800 Trailer Tax……………………………………………………………………………………………………250,000 218,441 200,000 200,000 Total Other Local Taxes…………………………………………………………………….116,882,510$ 131,749,463$ 125,344,810$ 129,670,150$ Other Revenues Licenses and Permits……………………………………………………………………………….1,267,700$ 1,598,851$ 1,244,050$ 1,155,750$ Court Costs and Fines…………………………………………………………………………….1,439,300 1,235,236 1,252,280 1,228,460 Charges for Services………………………………………………………………………………..1,311,800 1,566,830 1,367,840 1,484,530 Interest Income..………………………………………………………600,000 6,324,575 1,900,000 4,757,000 Reimbursed Expenses……………………………………………………………………………..1,051,030 1,203,458 1,092,160 1,199,760 Miscellaneous Revenues………………………………………………………………………..6,929,218 733,272 471,870 496,120 In Kind …..............................................................................................4,280,080 4,280,080 - 4,280,100 Grant and Shared Revenues…………………………………………………………………..19,485,966 10,119,529 5,010,190 3,956,740 Highway Revenues….….…………………………………………….2,499,510 2,587,941 2,945,810 3,508,520 Total Other Revenues……………………………………………………………………….38,864,604$ 29,649,772$ 15,284,200$ 22,066,980$ TOTAL REVENUES…………………………………………………………………………….290,610,244$ 302,463,030$ 284,006,160$ 304,157,250$ EXPENDITURES General Government……………………………………………………………………………………..50,051,516$ 40,815,835$ 39,824,750$ 44,001,320$ Public Safety……………………………………………………………………………………………………71,454,563 69,090,085 72,845,900 79,886,750 Health………………………………………………………………………………………………………………..3,027,814 3,027,814 2,339,270 3,183,620 Social Services……………………………………………………………………………………………….506,330 506,330 506,330 506,330 Education…………………………………………………………………………………………………………119,105,650 119,105,650 119,306,650 120,409,130 Parks, Recreation, and Culture……………………………………………………………………6,480,108 6,502,569 5,351,380 6,772,270 Conservation of Natural Resources………………………………………………………….1,079,290 1,012,972 1,044,830 1,096,860 Highway...…..…………………………………………………………….11,784,860 10,168,723 13,042,150 13,914,110 General Operations………………………………………………………………………………………..1,761,031 2,645,480 591,770 1,824,900 Unallocated Employee Insurance and Benefits………………………………………..870,370 (1,079,059)3,011,070 4,291,480 Intergovernmental………………………………………………………………………………………….9,208,722 28,890,615 10,362,820 12,060,400 Debt Service…………………………………………………………………………………………………….15,279,990 15,210,802 15,779,240 16,210,080 Billables…………………………………………………………………………………………………….- 345,145 - - TOTAL EXPENDITURES…………………………………………………………………..290,610,244$ 296,242,961$ 284,006,160$ 304,157,250$ EXCESS OF REVENUES OVER EXPENDITURES -$ 6,220,069$ -$ -$ Source: Washington County Department of Budget and Finance (1) Budget revisions are possible until the close of the year on June 30, 2024. As of February 1, 2024, amendments to the fiscal year 2024 budget since its adoption have not been material. Fiscal Year 2023 County Commissioners of Washington County Budget Comparison General Fund Fiscal Years 2023 and 2024 FINANCIAL INFORMATION Washington County, Maryland 37 The following table displays the County’s General Fund revenues and expenditures on a GAAP basis with additional ratios for fiscal years 2019 through 2023. 2023 2022 2021 2020 2019 Revenues: Taxes, interest and penalties………………………………….272,813,258$ 276,733,607$ 264,408,267$ 230,252,369$ 222,040,259$ Shared taxes and grants ………………………………………10,119,529 13,387,413 22,158,043 7,710,163 4,875,585 Licenses and permits ………………………………………….1,598,851 2,023,522 1,374,019 1,162,809 1,283,820 Revenues from use of money and property ………………..8,763,269 1,323,112 2,046,222 2,297,095 3,262,373 Charges for services…………………………………………..1,566,830 1,242,940 1,026,841 1,136,780 1,365,493 Other revenue ………………………………………………….733,272 3,763,293 1,732,061 3,242,205 4,250,017 In Kind …...................................................................................4,280,080 - - - - Highway revenue ………………………………………………….2,587,941 2,536,471 2,252,613 2,102,220 2,253,157 Total revenues ……………………………………….302,463,030$ 301,010,358$ 294,998,066$ 247,903,641$ 239,330,704$ Expenditures: General government …………………………………………..41,160,980$ 35,592,339$ 42,101,220$ 28,065,053$ 27,349,583$ Public safety ……………………………………………………69,090,085 61,286,425 57,105,922 55,712,216 47,201,336 Health …………………………………………………………..3,027,814 2,339,270 2,339,270 2,339,270 2,339,270 Social services …………………………………………………506,330 446,010 435,560 435,560 435,560 Education ………………………………………………………119,105,650 115,877,000 113,243,390 110,550,900 108,566,050 Recreation and culture …………………………...…………..6,502,569 6,776,064 6,294,650 6,137,679 7,366,504 Conservation of natural resources ………………………….1,012,972 735,160 627,406 708,546 721,153 Intergovernmental ……………………………………………..38,543 38,543 38,543 38,543 38,543 General operations …………………………………………….1,566,421 5,094,259 6,086,957 (1,573,288) 5,869,521 Highway...…………………………………………….……..10,168,723 10,554,751 10,527,895 9,744,052 10,492,140 Debt service: Principal ……………………………………………10,807,066 14,339,666 10,841,195 9,982,975 9,316,119 Interest ……………………………………....…….4,403,736 565,897 4,560,473 4,895,003 4,822,891 Capital Outlay General government …………………………………2,069,131 - - - - Public safety …………………………………………666,071 - - - - Highways and Streets ............................................…1,330,745 - - - - Parks & Recreation …...............................................120,988 - - - - Total Expenditures …………………………..…….271,577,824$ 253,645,384$ 254,202,481$ 227,036,509$ 224,518,670$ Excess of revenues over expenditures ……………….……..30,885,206$ 47,364,974$ 40,795,585$ 20,867,132$ 14,812,034$ Other financing sources(uses): Net bond proceeds…………………………………..……..-$ -$ -$ -$ -$ Proceeds of capital leases…………………………………..- - 385,579 - 50,769 Principal amount of new debt for advanced refunding……..- - 14,007,250 7,153,773 - Deposit to escrow fund for advance refunding and - - (14,007,250) (7,152,222) - repayment of loans………………………………………- - - - - Proceeds of Leases ….....................................................1,737,658 - - - - Proceeds of Subscriptions …...........................................2,449,277 - - - - Operating transfers in ……………………………..………36,076 - - - - Operating transfers out ……………………………..…….(28,888,148) (35,996,356) (35,153,279) (10,391,179) (11,112,760) Total other financing sources(uses) ……..………..(24,665,137)$ (35,996,356)$ (34,767,700)$ (10,389,628)$ (11,061,991)$ Excess of revenues and other sources over expenditures and other uses ……………………………6,220,069$ 11,368,618$ 6,024,885$ 10,477,504$ 3,750,043$ Fund balances at beginning of year ………………………..73,367,702 61,999,084 55,974,199 45,496,695 41,746,652 Fund balance at end of year ……………………………….79,587,771$ 73,367,702$ 61,999,084$ 55,974,199$ 45,496,695$ Fund Balance: As a percent of revenue ……………………………26.3%24.4%21.0%22.6%19.0% As a percent of expenditures ………………………29.3%28.9%24.4%24.7%20.3% Committed, Assigned and Unassigned Fund Balance:77,417,879$ 71,483,006$ 60,131,501$ 53,617,833$ 43,231,991$ As a percent of revenue ……………………………25.6%23.7%20.4%21.6%18.1% As a percent of expenditures ………………………28.5%28.2%23.7%23.6%19.3% Debt Service:15,210,802$ 14,905,563$ 15,401,668$ 14,877,978$ 14,139,010$ As a percent of revenue ……………………………5.0%5.0%5.2%6.0%5.9% As a percent of expenditures ………………………5.6%5.9%6.1%6.6%6.3% Source: Washington County Department of Budget and Finance County Commissioners of Washington County Statement of Revenues, Expenditures and Changes in Fund Balance General Fund Year Ended June 30 FINANCIAL INFORMATION 38 Washington County, Maryland Anticipated Results for Fiscal Year 2024 and Fiscal Year 2025 Financial Outlook Fiscal year 2024 will not end until June 30, 2024 and final results are not available as of the date of this Official Statement. The County anticipates ending the fiscal year with a surplus due to a combination of revenues performing better than expected and expenditures coming in under budget . Projected real estate property tax revenue ($135.3 million) is trending 4.1% ($5.4 million) higher than budgeted for in fiscal year 2024 ($129.9 million). The commercial base continues to show strong growth in Washington County as numerous 1- 3 million square foot warehouses are in various stages of completion along the Interstate 81 and Interstate 70 urban growth corridors. For residential properties eligible for the principal residence homestead property tax credit, Maryland legislation caps the annual assessed value increase at no more than 10% per year and Washington County further limits that increase to no more than 5% per year. Reassessment values that will become effective on July 1, 2024 (fiscal year 2025) increased by 40.3% for residential properties and by 12.8% for commercial properties. The most recent reassessment will result in an estimated increase of 6.8% ($8.8 million) in real estate tax revenue for fiscal year 2025 over fiscal year 2024 budgeted. Personal property tax is projected to end fiscal year 2024 at $20.1 million, which is approximately $4.6 million higher than the fiscal year 2024 budget of $15.5 million. During the fiscal year 2023 budget process, the Board voted to reduce the income tax rate from 3.00% to 2.95%, effective January 1, 2023. Fiscal year 2024 is the first full fiscal year where the impact of the change in tax rate will be recognized in distributions to the County. Income tax revenue is projected to end fiscal year 2024 $1.1 million, or 0.9%, higher than the original budgeted amount of $116.7 million. For fiscal year 2025, growth is expected to decelerate and return to pre-pandemic income growth levels of 3.0%-3.7% annually. In response to high inflation, labor market pressures and Maryland’s new minimum wage requirement, the Board has approved several types of salary adjustments over the last few fiscal years to improve retention and make County positions more attractive to potential candidates. In fiscal year 2022, the Board approved a salary scale realignment for Deputies and Detention Center Officers, with an average increase of 14%. In fiscal year 2023, the Board approved a mid -year cost of living adjustment (COLA) of 9.5% for all full and part-time regular employees. This COLA was carried forward as a realignment of the County salary scales. In fiscal year 2024, the Board approved additional salary scale changes as part of the budget proc ess and provided an average increase of 14% to positions in lower gr ades, with higher increases at the lowest grades, to ensure that the County remains in compliance with Maryland minimum wage requirements and to further enhance the County’s competitiveness for seasonal and lower skill level positions. Additional salary scale adjustments are being included for consideration as part of the fiscal year 2025 budget process and are estimated to cost $4.8 million. If approved, these adjustments will continue to improve retention and keep the County competitive. Total expenditures across all funds are trending at or below budget for fiscal year 2024. The County ended fiscal year 2023 with General Fund operating reserves of $73.2 million, which is $21.4 million over the County’s minimum reserve target of $51.8 million, or 17%, of revenues. The Board dedicated a portion of that reserve balance to be contributed to the County’s pension fund ($5.0 million) in fiscal year 2024. Additionally, the County’s Capital Projects Fund general cash reserves ended fiscal year 2023 at $55.6 million. The Commissioners recognize that reserves are used to manage budgetary uncertainty, including budget gaps during economic downturns and other unforeseen emergencies such as the COVID-19 pandemic. The fiscal year 2025 CIP includes a gradual use of Capital Projects Fund reserves to offset the effects of inflation and provide funding for projects that had been deferred in prior years. Impact of November 2022 Cyber Security Incident The County experienced a county-wide network outage that resulted from a cyber security incident at the end of November 2022. Public safety and phone systems were not impacted by the outage and County residents, businesses and visitors were adequately protected. County emergency management and information technology staff worked with the Sheriff’s office and the County’s insurance provider to coordinate investigatory and technology specialists to restore services to impacted general and administrative functions within a few days. All costs, less the County’s deductible, were covered by the County’s Cyber Security and Crime Coverage insurance policies. Since that time, County staff have been transferring County systems and data to cloud-based environments and implementing enhanced security protocols and early detection software at an additional cost funded by a one-time use of reserves of approximately $500,000. Washington County performed an investigation to determine the nature and scope of the incident. Through the investigation, Washington County determined that certain files may have been copied from its network without authorization. After identifying the files, Washington County undertook a comprehensive and time intensive review of the files to determine their contents and whether sensitive information was present in the files at the time of the incident. Upon completion of th e review, Washington County worked diligently to reconcile this information and to confirm the appropriate contact information FINANCIAL INFORMATION Washington County, Maryland 39 for potentially impacted individuals. On January 8, 2024, notice was provided to Maryland and other state regulators, consum er reporting agencies, impacted individuals, and substitute notice was posted on the County’s website. Additionally, a call center was established through Experian to assist impacted individuals through April 30, 2024; and, upon request, impacted individuals were provided with one (1) year of credit monitoring protection at no cost to the individual. Sources of Tax Revenue Ad valorem property taxes, the County’s largest source of tax revenues, were 49% in fiscal year 2022 and 52% in fiscal year 2023 of total tax revenues. During the same period, income tax revenues as a percentage of total tax revenues were 44% in each of fiscal year 2022 and fiscal year 2023. The following table presents the County’s tax revenues by source for each of the last five completed fiscal years. Fiscal Year Local Property Local Income Other Local Ended June 30 Taxes (1)Taxes Taxes (2) 2023 $272,813,258 $141,063,795 $121,057,937 $10,691,526 2022 276,733,607 136,078,213 122,923,784 17,731,610 2021 264,408,267 133,818,994 119,254,813 11,334,460 2020 230,252,369 129,830,659 92,154,973 8,266,737 2019 222,040,259 127,440,494 86,848,691 7,751,074 Source: Washington County Department of Budget and Finance (1) Includes payments in lieu of taxes, additions and abatements, interest on taxes, discounts on taxes and tax credits for the elderly and disabled. (2) Includes trailer tax, recordation taxes, admission and amusement taxes. Total Taxes Tax Revenues by Source Local Property Taxes Property valuations and assessments are determined by the Maryland State Department of Assessments and Taxation, which maintains local offices in Baltimore City and each county. For State and County real property tax purposes, real property is valued at full cash value (“value”). All property is physically inspected once every three years and any increase in value arising from such inspection is phased in over the ensuing three taxable years in equal annual installments. Commencing with the tax year beginning July 1, 2001, property tax rates are applied to 100% of the value of real property. The County and municipal rates applicable to all personal property and operating real property of public utilities are 2.5 times the property tax rate for real property. Tangible personal property is generally assessed at cost, less depreciation for each year held to a minimum of 25%. For most categories of personal property, depreciation is 10% per year subject to the minimum assessment of 25% of cost. State law provides a credit against State, local and municipal real property taxes on certain owner-occupied residential property. The tax credit for each tax year is computed by multiplying the State, local or municipal real property tax rate by the amount by which (i) the current year’s assessment on residential property exceeds (ii) the homestead percentage multiplied by the previous year’s assessment. The State homestead percentage is 110%. The counties and municipalities set their own respective homestead percentage, but the credit percentage may not exceed 110% for any taxable year. The County adopted a homestead percentage of 105% effective July 1, 2007. The State also provides a tax credit based on the ability of homeowners to pay property taxes. The credit is calculated by use of a scale, which indicates a maximum tax liability for various income levels. The tax credit processed for local property taxes for taxpayers in Washington County for fiscal year 2022, the most recent fiscal year for which such information is available, was $1,178,226. Pursuant to State law, the Board may grant a property tax credit against the County property tax imposed on, among other categories of property, certain property owned by nonprofit civic associations and real property that is subject to the County’s agricultural land preservation program. Manufacturing and commercial inventories of businesses are exempt from County tax. FINANCIAL INFORMATION 40 Washington County, Maryland Assessed Value, Tax Rates and Tax Levy The following table sets forth the assessed value of all categories of taxable property in Washington County for each of its five most recently completed fiscal years and the County and State real property tax rates applicable in each of those years. Assessed values of tax-exempt properties owned by federal, State and County governments, churches, schools, fraternal organizations, cemeteries, disabled veterans and the blind are not included in the table. The assessed values of tax-exempt properties totaled $2,426,498,164 for the fiscal year ended June 30, 2022, the most recent fiscal year for which such information is available. Under applicable law, there is no limit to the total County tax levy for property taxes. In the opinion of the County, the tax rates established by it for each fiscal year, when applied to the property subject thereto, is sufficient to provide revenues to discharge the County’s obligations to pay principal and interest maturing on its outstanding general obligation indebtedness in each fiscal year. 2023 2022 2021 2020 2019 $14,173,213 $13,528,410 $13,043,917 $12,835,761 $12,486,754 221,136 213,065 200,337 202,050 196,942 550,930 417,784 410,000 380,000 420,000 $14,945,279 $14,159,259 $13,654,254 $13,417,811 $13,103,696 5.6%3.7%1.8%2.4%2.2% $0.928 $0.948 $0.948 $0.948 $0.948 0.112 0.112 0.112 0.112 0.112 *Real property tax rates Source: Maryland State Department of Assessments and Taxation Assessments and Tax Rates of all Property by Class Fiscal Years Ended June 30 (Stated in Thousands) Real property………………………………………… Personal property: Railroads and public utilities…………………. Business corporations……………................... Total property Change in market value of property County tax rate (per $100 assessed value)* State tax rate (per $100 assessed value)* After being decreased between fiscal years 2022 and 2023, the real property tax rate for unincorporated areas of the County remained at $0.928 per $100 of assessed value for fiscal year 2024 (the current fiscal year). There was no change to the State real property tax rate between fiscal years 2023 and 2024. Tax Collection County taxes are due and payable as of July 1. Delinquent taxes are collected after nine months of delinquency by tax sales conducted by the County Treasurer, selling either real or personal property. Historically, the County has conducted tax sales on an annual basis. The following table sets forth certain pertinent information with respect to the County’s tax levies and tax collections for each of its five most recently completed fiscal years. Fiscal Year Ending June 30 Taxes Levied Amount Percent Amount Percent 2023 $ 143,227,033 $ 141,329,863 98.68 $ 142,771,278 99.68 $1,897,169 1.33 2022 138,061,891 137,595,179 99.66 137,509,757 99.94 466,712 0.34 2021 135,845,303 135,197,566 99.52 134,862,834 99.27 647,738 0.48 2020 133,303,884 131,433,814 98.60 131,076,848 98.33 2,151,651 1.64 2019 128,597,531 128,511,328 99.93 128,526,755 99.95 720,590 0.56 Source: Washington County Department of Budget and Finance Taxes Receivable as a Percentage of Total Taxes Collected Taxes Receivable Taxes Collected in Year of Levy Total Taxes Collected (Current and Delinquent) FINANCIAL INFORMATION Washington County, Maryland 41 Principal Taxpayers The 20 largest taxpayers in the County as of June 30, 2023, ranked by assessed value, are listed below. Percentage of Assessed Assessed Value Value Preylock Hagerstown LLC 114,611,167$ Bowman Group 88,225,434$ Stag Industrial Holdings LLC 87,929,600$ FedEx Ground Package System Inc 73,873,140$ PR Valley Limited Partnership 71,107,450$ Amazon.com 60,537,920$ Showalter Farm LLC 54,674,000$ Bowman Group LLP 52,681,634$ 2007 East Greencastle Pike 50,963,500$ Creekside Logistics 50,609,800$ Sub‑total of Top Ten Taxpayers $ 705,213,645 4.72% LCN STP Hagerstown Multi LLC 49,858,400$ Frind Hopewell LLC 49,770,600$ Ghattas Enterprises 41,095,417$ Mack Trucks Inc.40,713,030$ Western Hagerstown Distribution Center 40,345,100$ Walmart Real Estate Business Trust 36,070,800$ Cortpark LLC 35,728,100$ Herbert Malarkey Roofing Company 29,528,120$ Fedex Ground Package System, Inc.16,685,540$ Intelsat US LLC 14,460,260$ Total $ 1,059,469,012 7.09% The information set forth above was compiled from tax rolls on which the names and owners are not always recorded in the same way. Source: Washington County Treasurer’s Office Name of Taxpayer FINANCIAL INFORMATION 42 Washington County, Maryland Local Income Tax Effective January 1, 2013, the personal State income tax rates for Maryland residents start at 2% on the first $1,000 of taxable income and increase up to a maximum of 5.75% on incomes exceeding $250,000 (or $300,000 for taxpayers filing jointly, head of household or qualifying widow(ers)). Pursuant to State law, each county and Baltimore City must levy a local income tax at the rate of at least 1.75%, but not more than 3.20%, of the State income tax liability of individuals domiciled in their respective jurisdictions. The County currently levies a local income tax on Washington County residents at the rate of 2.95%. The rate was decreased from 3.2% to 3.0% effective January 1, 2022 and then decreased to 2.95% effective January 1, 2023. The County does not levy a local income tax on corporations. Other Local Taxes and Revenues In addition to general property taxes and income taxes, the County levies and collects miscellaneous taxes, the largest of which is the recordation tax on instruments conveying title to property and securing debt. Revenues from this tax in the fiscal year ended June 30, 2023 were $9,974,278. The County also receives revenues from the amusement and admission tax and the trailer tax. Another significant source of local revenue is generated from the issuance of building and other permits. Revenues from all these sources, including recordation taxes, in the fiscal year ended June 30, 2023 were $12,290,377. State and Federal Financial Assistance State Payment of Public School Capital Construction Costs Pursuant to State law, the State pays certain costs in excess of available federal funds for all public school construction projects and capital improvements that have been approved by the State of Maryland Board of Public Works. The cost of acquiring land is not a construction cost and therefore does not qualify for State funding. The Board of Public Works is empowered to define by regulation what shall constitute an approved construction or capital improvement cost and to adopt rules, regulations and procedures for program administration. Program regulations limit the amount of construction costs paid by the State by instituting a maximum State project allocation for each school construction project funded through the program. Under the formula, the State’s share is computed by applying the applicable percentage to the eligible portion of school construction costs. For the County, the maximum State share will equal 79% of approved construction costs. State and Federal Grants During the County’s fiscal year ended June 30, 2023, an aggregate of $13,459,523 in federal and State funds was received by all County departments for use in operations. The largest single categorical source was a federal grant for $4,005,425, which was an Emergency Rental Assistance Program grant. In addition to the $13.4 million of federal and State funds the County received, it also expended $7,660,113 in federal COVID-19 relief funds for operations, primarily American Rescue Plan Act (ARPA) funds previously received in fiscal years 2021 and 2022. As of June 30, 2023, the remaining unexpended ARPA funds totaled $20,206,107 and the unallocated portion of these funds is approximately $0.6 million which must be designated prior to the end of calendar year 2024. The County also received $9,323,336 in federal and State funds for capital projects in the fiscal year ended June 30, 2023. In addition to this amount, $15.4 million of ARPA funds were designated to various capital projects in the fiscal year 2023 budget. Designations were as follows: $7.8 million for water quality related improvements, $3.5 million for an agricultural center building, $1.6 million for emergency services and the remaining $2.5 million for building renovations and stormwater management. The County projects that $15,247,582 in federal and State funds will be received in fiscal year 2024 for operations and $6,224,949 in federal and State funds will be received for capital projects. During the fiscal year ended June 30, 2023, the Board of Education received $231,863,677 in State funds and $45,144,497 in federal funds for operations. In fiscal year 2024, the Board of Education anticipates receiving $239,368,914 in State funds and $49,842,846 in federal funds for operations. FINANCIAL INFORMATION Washington County, Maryland 43 General Fund Balance Sheet The following table indicates the County’s General Fund balance sheet for each of the five most recent ly completed fiscal years. 2023 2022 2021 2020 2019 ASSETS Cash and short-term investments ……………………….3,920,995$ 2,652,912$ 61,770,766$ 1,104,928$ 618,872$ Investment in U.S. Government Agency Securities ………………………………..194,003,216 194,671,160 10,240,627 80,085,369 97,052,684 Property taxes receivable (net) ………………………….1,632,512 578,624 761,411 1,832,574 498,411 Accounts receivable ……………………………………..1,846,702 1,417,113 1,527,097 2,138,048 1,139,143 Due from other governments ……………………………67,344,648 68,380,204 48,083,832 36,708,502 27,515,971 Inventories ……………………………………...……….1,177,632 1,012,069 832,151 875,346 776,816 Other assets …………………………………….………..3,582,253 1,874,843 1,069,543 1,438,055 1,921,103 Total assets ……………………………………..273,507,958$ 270,586,925$ 124,285,427$ 124,182,822$ 129,523,000$ LIABILITIES Accounts payable ………………………………………6,733,831$ 9,311,689$ 10,353,395$ 3,853,942$ 1,442,745$ Accrued expenses ………………………………………1,658,923 911,857 2,417,599 2,024,401 1,743,490 Liabilities on unpaid claims ……………………….……3,316,523 2,256,202 1,693,567 1,481,126 2,211,941 Due to other funds ……………………………………..118,598,484 107,444,201 - 24,908,614 58,845,269 Unearned revenue ………………………………………7,528,274 24,764,271 15,233,612 9,556,542 533,242 Other liabilities ………………………………………….2,711,916 1,898,262 1,804,476 1,941,643 1,866,760 Total liabilities …………………………………..140,547,951$ 146,586,482$ 31,502,649$ 43,766,268$ 66,643,447$ DEFERRED INFLOWS OF RESOURCES Leases…………………………………..…………………993,550$ 587,558$ -$ -$ -$ Unavailable Revenues…………………………………..52,378,686 50,045,183 30,783,694 24,442,355 17,382,858 Total Deferred Inflows of Resources 53,372,236$ 50,632,741$ 30,783,694$ 24,442,355$ 17,382,858$ FUND EQUITY Nonspendable ………………………………………….1,484,383$ 1,207,183$ 1,147,265$ 1,447,900$ 1,409,371$ Restricted ……………………………………………….685,509 677,513 720,318 908,466 855,333 Committed ………………………………………………69,520,849 71,427,162 60,119,034 53,532,582 43,212,749 Assigned ………………………………..………………61,640 55,844 12,467 25,250 19,242 Unassigned ..………………………………..……………7,835,390 - - 60,001 - Total fund equity ……………………...………79,587,771$ 73,367,702$ 61,999,084$ 55,974,199$ 45,496,695$ Total liabilities and fund equity ……………..273,507,958$ 270,586,925$ 124,285,427$ 124,182,822$ 129,523,000$ Source: Washington County Department of Budget and Finance County Commissioners of Washington County Balance Sheet General Fund As of June 30 FINANCIAL INFORMATION 44 Washington County, Maryland Key Financial Statistics General Fund Cash Reserves and Fund Balance The following table illustrates the ratio of the General Fund fund balance as a percentage of total revenues for the last five completed fiscal years. Also included in the table are the ratios of cash reserves as a percentage of General Fund revenues. It is the intention of the County to maintain a minimum reserve level of 17 percent, which represents 60 days of working capi tal. It is anticipated that the County will meet or exceed the 17 percent reserve level in fiscal year 2024. Fiscal Year Revenues Fund Balance Fund Balance as Percentage of Revenues Reserves as Percentage of Revenues 2023 $ 302,463,030 $ 79,587,771 26.31%21.62% 2022 301,010,358 73,367,702 24.37 22.68 2021 294,998,066 61,999,084 21.02 19.55 2020 247,903,641 55,974,199 22.58 21.08 2019 239,330,704 45,496,695 19.01 17.85 Source: Washington County Department of Budget and Finance DEBT AND CAPITAL REQUIREMENTS Washington County, Maryland 45 V. Debt and Capital Requirements Debt Management Policy The County adheres to its Debt Management Policy (the “DM Policy”), which sets forth the parameters for issuing new debt and managing outstanding debt. The DM Policy’s primary objective is to establish conditions for the use of debt and create procedures that minimize debt service and issuance costs, retain high credit ratings and maintain full and complete financial disclosure and reporting. The DM Policy addresses such matters as: use of debt financing, capital planning, debt affordability measures, types of debt and method of sale. Adherence to the DM Policy helps to ensure that the County maintains a sound debt position and that credit quality is protected. General Obligation and Revenue Bonds The County may only issue general obligation and revenue bonds under authority conferred by the Maryland General Assembly. No referendum is required. The County is authorized to issue short-term tax anticipation notes to meet any estimated current fiscal year cumulative cash flow deficit. Such notes must be repaid within six months of their date of issue. The County has no short-term notes outstanding at this time. As of June 1, 1999, the County may use a line-of-credit for $5,000,000 to meet a temporary cash flow deficit. The County has not used the line-of-credit as of the date of this Official Statement. The County may issue economic development revenue bonds under State law, which provides that such bonds shall not constitute an indebtedness or charge against the general credit or taxing power of the County. Pursuant to the County Code, the County may authorize long-term debt in the form of an installment purchase contract to pay for development rights or make certain other payments in connection with the Agricultural Land Preservation Program. The County may issue general obligation bonds for new money purposes in an amount up to $70,000,000 pursuant to the authority of Chapter 99. The original aggregate principal amount of bonds issued pursuant to Chapter 99 at June 30, 2023 was $40,679,904. The unused authorization available under Chapter 99 prior to the issuance of the Bonds is $29,320,096. The County is authorized by State law to issue its bonds for the purpose of refunding any of its outstanding bonds, including the payment of any redemption premium and interest accrued to the date of redemption, purchase or maturity of the bonds being refunded. As part of the annual budget process, an annual debt affordability analysis is prepared by the Office of Budget and Finance. It is an effective tool for debt planning and management. The Solid Waste operation was classified as a fund separate from the Highway Fund in 1996. It has paid for debt from generated revenues since that time. In 2002, the County reclassified the Solid Waste Fund as an enterprise fund. The debt paid out of revenues generated by that fund is considered self-supporting debt. In 2011, the County implemented GASB Statement No. 54 of the Governmental Accounting Standards Board, Fund Balance Reporting and Governmental Fund Type Definitions. Based on this GASB Statement, the Highway Fund did not meet the criteria of a special revenue fund and was consolidated into the General Fund. The following table sets forth the amount of the County’s general obligation bonded debt issued and outstanding as of June 30, 2023, exclusive of certain water and sewer bonds (see “Water and Sewer Bonds” herein). Outstanding principal amounts have not been adjusted for discounts or premiums. DEBT AND CAPITAL REQUIREMENTS 46 Washington County, Maryland Statement of General Obligation Bonded Debt Issued and Outstanding* As of June 30, 2023 Amount Outstanding Date of Amount General Solid Airport Issue Issued Fund Waste Fund Fund Total Refunding Bonds…………………………………………May 2012 7,740,000$ 364,000$ -$ 56,000$ 420,000$ (14) Public Improvement Bonds…………………..May 2013 12,000,000 7,475,000 - - 7,475,000 Refunding Bonds…………………………………………May 2013 12,540,000 3,734,918 45,082 - 3,780,000 Public Improvement Bonds…………………..May 2014 14,000,000 9,695,000 - - 9,695,000 Public Improvement Bonds…………………..May 2015 12,000,000 (1) 8,836,999 - - 8,836,999 Refunding Bonds……………………………..May 2015 25,573,470 (2) 10,478,724 876,125 - 11,354,849 Public Improvement Bonds…………………..May 2016 12,103,000 (3) 9,249,334 79,390 - 9,328,724 Refunding Bonds……………………………..May 2016 7,317,990 (4) 4,411,216 635,140 - 5,046,356 Public Improvement Bonds…………………..May 2017 13,142,000 (5) 9,866,473 938,959 - 10,805,432 Public Improvement Bonds…………………..May 2018 12,852,000 (6) 10,380,394 737,008 - 11,117,401 Public Improvement Bonds…………………..May 2019 12,255,000 (7) 10,832,457 230,190 - 11,062,647 Public Improvement Bonds…………………..June 2020 9,060,000 (8) 8,419,590 25,410 - 8,445,000 Refunding Bonds …...……………………………..June 2020 8,033,930 (9) 4,828,228 1,911,199 - 6,739,426 Taxable Refunding Bonds (10)………………………Sept 2020 15,333,040 (10) 12,827,275 1,772,107 - 14,599,382 Public Improvement Bonds…………………..May 2021 10,785,626 (11) 10,428,749 - - 10,428,749 Public Improvement Bonds…………………..June 2022 9,280,000 (12) 9,280,000 - - 9,280,000 Public Improvement Bonds…………………..June 2023 11,360,000 (13) 11,040,000 320,000 - 11,360,000 MWQFA (11) Financing Cell 3……………………….Nov 2004 2,498,427 - 242,394 - 242,394 MWQFA (11) Resh Road Cap Phase I………..Dec 2006 5,000,000 1,132,353 - - 1,132,353 212,874,483$ 143,280,709$ 7,813,003$ 56,000$ 151,149,712$ Source: Washington County Department of Budget and Finance * Exclusive of Water and Sewer bonded debt, which is also secured by a pledge of the County's full faith and credit and unlimited taxing power. (1) Total issue amount for all County funds was $15,460,000. (2) Total issue amount for all County funds was $26,395,000. (3) Total issue amount for all County funds was $20,635,000. (4) Total issue amount for all County funds was $ 9,455,000. (5) Total issue amount for all County funds was $13,780,000. (6) Total issue amount for all County funds was $14,485,000. (7) Total issue amount for all County funds was $13,310,000. (8) Total issue amount for all County funds was $14,150,000. (9) Total issue amount for all County funds was $9,030,000. (10) Total issue amount for all County funds was $18,705,000. (11) Total issue amount for all County funds was $10,880,000. (12) Total issue amount for all County funds was $15,815,000. (13) Total issue amount for all County funds was $13,890,000. (14) Amount outstanding as of June 30, 2023 was paid at maturity on January 1, 2024. Water and Sewer Bonds Pursuant to the Water and Sewer Act, the County is authorized to issue bonds secured by the full faith and credit and unlimited taxing power of the County to provide funds for the design, construction, establishment, purchase and condemnation of water systems, sewerage systems and surface water drainage systems in the service areas created by the County. To the extent that the special assessments and other charges imposed by the County with respect to a certain project are insufficient to pay that portion of the principal of and interest on any such bonds attributable to the cost of a project, the County is obligated to levy and to collect a tax upon all property subject to unlimited County taxation within the corporate limits of Washington County in rate and amount sufficient to provide funds as may be necessary to provide for the payment of such portion of the principal and interest as it becomes due. By State law, the total bonded indebtedness of the County for these purposes, including bonded indebtedness previously issued by the former Washington County Sanitary District, may not exceed 25% of the assessed value of all property in Washington County subject to unlimited County taxation. At the time the State law was enacted the assessed value was equal to 40% of market value. Pursuant to legislation passed by the Maryland General Assembly, real property assessment law was altered to reflect full market value assessments. Therefore, to maintain the intent of the State law, 40% of the stated 25% of assessed value, or 10%, is used to calculate the legal debt margin for water and sewer debt. DEBT AND CAPITAL REQUIREMENTS Washington County, Maryland 47 The following table sets forth the amount of the County’s water and sewer debt issued and outstanding as of June 30, 2023. Outstanding amounts have not been adjusted for discounts or premiums. Debt subject to the Water and Sewer Act is referred to as “Water and Sewer” debt herein. Date of Issue Issued Outstanding Public Improvement Bonds………………………….May 2015 3,460,000$ (1) 2,548,001$ Refunding Bonds……………………………………..May 2015 821,530 (2) 470,151 Public Improvement Bonds………………………….May 2016 8,532,000 (3) 6,576,276 Refunding Bonds……………………………………..May 2016 2,137,010 (4) 1,473,644 Public Improvement Bonds………………………….May 2017 638,000 (5) 524,567 Public Improvement Bonds………………………….May 2018 1,633,000 (6) 1,412,599 Public Improvement Bonds………………………….May 2019 1,055,000 (7) 952,353 Public Improvement Bonds………………………….June 2020 5,090,000 (8) 4,875,000 Refunding Bonds……………………………………..June 2020 996,070 (9) 835,574 Taxable Refunding Bonds (12) ...….………………………………Sept 2020 3,371,960 (13) 3,210,617 Public Improvement Bonds………………………….May 2021 94,374 (14) 91,251 Public Improvement Bonds………………………….June 2022 6,535,000 (15) 6,535,000 Public Improvement Bonds………………………….June 2023 2,530,000 (16) 2,530,000 MWQFA (10)Loan ……………………………………May 2004 8,091,063 11,063 MWQFA (10)Loan ……………………………………Oct 2006 560,000 121,089 MWQFA (10)Loan ……………………………………May 2015 2,553,000 1,705,339 MWQFA (10 & 11)Loan ……………………………….Feb 2018 1,849,660 1,520,777 49,947,667$ 35,393,302$ (13) Total issue amount for all County funds was $18,705,000. (14) Total issue amount for all County funds was $10,880,000. (15) Total issue amount for all County funds was $15,815,000. (16) Total issue amount for all County funds was $13,890,000. Statement of Water and Sewer Bonded Debt Issued and Outstanding As of June 30, 2023 Source: Washington County Department of Budget and Finance (1) Total issue amount for all County funds was $15,460,000. (2) Total issue amount for all County funds was $26,395,000. (3) Total issue amount for all County funds was $20,635,000. (11) This loan is evidenced by two separate general obligation bonds issued by the County to MWQFA,one of which is the County's Water Quality Bond, Series 2018B, issued in the principal amount of $462,415 (the "Series 2018B Bond"). There is no scheduled debt service payable on the Series 2018B Bond. Under the terms of the Series 2018B Bond,if the County does not default under the associated Loan Agreement by February 28, 2028,the Series 2018B Bond will be considered forgiven as of February 28, 2028.If the County does default under the associated Loan Agreement prior to February 28, 2018,MWQFA has the right to demand payment of the entire principal amount of the Series 2018B Bond with interest at the rate of 3.02% per annum from the date of demand. (4) Total issue amount for all County funds was $ 9,455,000. (12) Proceeds of the Taxable Refunding Bonds of 2020 issued in September 2020 were applied,in part,to advance refund the County's the outstanding Public Improvement Bonds of 2012 maturing on and after July 1, 2023,which were redeemed on July 1, 2022.The outstanding amount of the Public Improvement Bonds of 2012 referenced in the table above were not advance refunded by the Taxable Refunding Bonds of 2020 but were paid at maturity on July 1, 2022. (5) Total issue amount for all County funds was $13,780,000. (6) Total issue amount for all County funds was $14,485,000. (7) Total issue amount for all County funds was $13,310,000. (10) Maryland Water Quality Financing Administration ("MWQFA"). (8) Total issue amount for all County funds was $14,150,000. (9) Total issue amount for all County funds was $ 9,030,000. DEBT AND CAPITAL REQUIREMENTS 48 Washington County, Maryland Assessed Value of Property in Washington County 14,095,764,000$ Debt Limit: % of Assessed Value 10% Water and Sewer Borrowing Limitation 1,409,576,400 Water and Sewer Debt 35,393,302 Debt Margin 1,374,183,098 Ratio of Water and Sewer Debt to Assessed Value 0.25% Source: Washington County Department of Budget and Finance (1) SDAT Real Property and Utility Operating Real Property Assessable Base Schedule of Legal Debt Margin As of June 30, 2023 Water and Sewer Bonded Debt Capital Lease and Subscription Obligations and Other Contracts The County has entered into various lease and subscription-based information technology arrangements (SBITAs). These agreements have been recorded at the present value of their future minimum payments as of the inception date. The future minimum lease obligations, as of June 30, 2023, are $1,729,998 and $1,799,332 respectively, Lease receivables total $1,145,407 for the same period. In addition to contracts for goods and services incurred in the ordinary course of business of the County, the County is party to numerous other contracts, primarily with engineers, architects and contractors relating to capital projects. Funds necessary to meet the County’s obligations in respect to such contracts have been appropriated in the related fund. Special Obligation Bonds Pursuant to State law, Washington County may create special taxing districts, levy ad valorem and/or special taxes, and borrow money by issuing and selling special taxing district revenue bonds for the purpose of financing or refinancing the cost of the design, construction, establishment, extension, alteration or acquisition of adequate storm drainage systems, sewers, water systems, roads, bridges, culverts, tunnels, sidewalks, lighting, parking, parks and recreation facilities, libraries, schools, transit facilities, solid waste facilities and other infrastructure improvements, whether situated within or outside the special taxing district, and including infrastructure improvements located in or supporting a transit-oriented development, a sustainable community or a State hospital development (within the meaning of State law). Special taxing district bonds shall be payable solely from the ad valorem or special taxes levied on the property within a special taxing district and neither the bonds, nor any interest thereon, shall ever constitute an indebtedness or a charge against the general credit or taxing powers of the County. The County created one special taxing district and issued in June 1998, November 1998 and May 2000 its $3,100,000, $1,517,000 and $2,454,000 Washington County, Maryland Special Obligation Bonds (Barkdoll Tract Special Taxing District) Series 1998, Series 1998 B and Series 2000, respectively. Pursuant to State law, Washington County may also establish a contiguous area as a development district, and borrow money by issuing and selling tax increment financing revenue bonds (“TIF bonds”) for the purpose of financing or refinancing the cost of acquiring property interests, site removal, surveys and studies, relocation of businesses or residents, installation of utilities, construction of parks and playgrounds, other needed improvements including roads to, from or in the development district, parking and lighting, construction or rehabilitation of buildings for a governmental purpose or use, reserves or capitalized interest, bond issuance costs or payment of existing indebtedness for such purposes. The list of projects to which TIF bonds may be applied is expanded for RISE zones and sustainable communities (within the meaning of State law). In addition, Washington County may apply TIF bond proceeds for demolition or site removal on privately owned property; pedestrian or vehicular bridges or overpasses (including railroad crossings and related improvements); or parking lots, facilities or structures that are publicly or privately owned or available for public or private use. TIF bonds are payable from real property tax revenues derived from the increase in assessed value of real property located within a development district over a base assessment established in accordance with State law and any other revenues pledged by the County as permitted by State law. The County may determine to pledge its full faith and credit and unlimited taxing power to the payment of TIF bonds; if it does not do so, the TIF bonds are payable solely from incremental tax revenues derived from real properties located within a development district and any other revenues that the County determines to pledge to such TIF bonds. Under State law, the County may also pledge incremental County tax revenues and other revenues to support TIF bonds issued for qualifying purposes by a municipality within the County or the Maryland Economic Development Corporation. DEBT AND CAPITAL REQUIREMENTS Washington County, Maryland 49 While between fall 2016 and early 2017, the County established two separate development districts in anticipation of issuing TIF bonds for those districts, the designations of such districts have separately expired because no TIF bonds were issued for either district within the respective deadlines established under the designation resolutions. Bonded Indebtedness of Incorporated Municipalities Eight of the nine incorporated municipalities of Washington County have outstanding indebtedness in the aggregate principal amount of $78,236,376 as of June 30, 2023. The County is not obligated to pay such debt or the interest thereon and neither the faith and credit nor taxing power of the County is pledged to the payment of principal or interest on such indebtedness. Amount 4,967,602$ 328,048 624,931 65,416,988 1,074,470 1,618,459 1,535,653 2,670,225 Total 78,236,376$ Source: Washington County Department of Budget and Finance (1) Numbers are from unaudited statements. Towns County Commissioners of Washington County Outstanding Underlying Debt As of June 30, 2023 Boonsboro (1)…………………….…….…… Smithsburg………………………….……….. Williamsport (1)……………………….…….. Hancock………………………………….….. Keedysville…………………………….....…. Clear Spring (1)…………………..……...….. Funkstown (1)………………………………. Hagerstown……...…………………..……… Direct and Underlying Debt The following schedules present the County’s bonded debt outstanding as of June 30, 2023, the ratios of such debt to the County’s population and real and personal property assessed market values. County Commissioners of Washington County Direct and Overall Bonded Debt As of June 30, 2023 (Excludes this Issue) Direct Debt - Tax-Supported: General Government Debt (1)…………………………………..143,280,709$ Direct Debt - Self-Supported: Solid Waste ….…………………………………………………..7,813,003 Water and Sewer ….…………………………………………….35,393,302 Airport ….………………………………………………………..56,000 Total Direct Debt…………………………………………………….186,543,014 Underlying Debt……………………………………………………..78,236,376 Overall Bonded Debt………………………………………………..264,779,390$ Source: Washington County Department of Budget and Finance (1) Includes Highway debt which is currently considered tax-supported. DEBT AND CAPITAL REQUIREMENTS 50 Washington County, Maryland Per Capita (Estimated Population 155,590): Direct Tax-Supported Debt (1)………………………….921$ Overall Bonded Debt…………………………………….1,702$ Percentage of Assessed Value of $14,945,279,000: Direct Tax-Supported Debt (1)…………………………0.96% Overall Bonded Debt……………………………………1.77% Source: Washington County Department of Budget and Finance (1) Includes Highway debt which is currently considered tax-supported. County Commissioners of Washington County Debt Per Capita and Ratio of Debt to Assessed Values As of June 30, 2023 The following table presents the County’s direct tax-supported debt per capita and ratios of direct tax-supported debt to assessed value for the last five completed fiscal years. Fiscal Year Estimated Assessed Per Direct Tax-Supported Debt as a Percentage Ended June 30 Population Value (000)Capita of Assessed Value 2023 $ 143,281 155,590 $ 14,945,279 921 0.96 2022 142,876 154,937 14,159,259 922 1.01 2021 143,880 151,146 13,708,145 952 1.05 2020 143,823 151,049 13,670,826 952 1.05 2019 145,975 150,926 12,274,226 967 1.19 Source: Washington County Department of Budget and Finance Direct Tax-Supported Debt (000) Debt Service Requirements on County Debt The following tables set forth the debt service requirements for the County’s current general obligation bonded debt as of June 30, 2023, as adjusted to reflect issuance of the Bonds, and the rapidity of repayment for the County’s direct tax-supported debt. DEBT AND CAPITAL REQUIREMENTS Washington County, Maryland 51 Year Self-Supporting Debt Service (1)Total Debt Service Ending June 30 Principal Interest Total Principal Interest Total Principal Interest Total 2024 11,109,835$ 4,588,479$ 15,698,314$ 2,853,256$ 1,242,218$ 4,095,474$ 13,963,091$ 5,830,697$ 19,793,788$ 2025 11,466,505 4,396,788 15,863,293 2,920,145 1,136,257 4,056,403 14,386,650 5,533,045 19,919,695 2026 11,112,549 3,973,998 15,086,547 2,907,471 1,030,752 3,938,223 14,020,020 5,004,750 19,024,770 2027 10,761,313 3,575,020 14,336,333 3,013,350 937,853 3,951,203 13,774,663 4,512,873 18,287,536 2028 10,888,795 3,187,170 14,075,965 3,546,733 845,916 4,392,649 14,435,529 4,033,086 18,468,615 2029 8,948,459 2,832,516 11,780,974 2,896,171 755,442 3,651,613 11,844,629 3,587,958 15,432,587 2030 8,469,500 2,508,581 10,978,081 2,606,657 665,956 3,272,613 11,076,157 3,174,537 14,250,694 2031 8,800,740 2,192,926 10,993,667 2,691,956 582,040 3,273,996 11,492,696 2,774,966 14,267,662 2032 8,370,435 1,896,735 10,267,170 2,358,812 508,175 2,866,987 10,729,247 2,404,910 13,134,157 2033 8,004,101 1,630,257 9,634,358 2,181,708 445,670 2,627,378 10,185,809 2,075,927 12,261,736 2034 7,450,889 1,375,840 8,826,728 1,926,496 386,631 2,313,127 9,377,385 1,762,470 11,139,855 2035 6,911,944 1,133,728 8,045,672 1,997,028 329,218 2,326,246 8,908,972 1,462,946 10,371,918 2036 6,128,670 913,286 7,041,956 2,066,901 269,300 2,336,201 8,195,571 1,182,586 9,378,157 2037 5,463,030 721,492 6,184,522 1,745,509 212,016 1,957,526 7,208,540 933,508 8,142,047 2038 4,823,515 555,453 5,378,969 1,205,539 170,350 1,375,889 6,029,055 725,803 6,754,857 2039 4,141,605 412,613 4,554,218 1,043,395 140,922 1,184,317 5,185,000 553,534 5,738,534 2040 3,407,496 292,195 3,699,691 902,504 115,780 1,018,284 4,310,000 407,975 4,717,975 2041 2,617,357 198,941 2,816,297 842,643 93,941 936,584 3,460,000 292,881 3,752,881 2042 2,103,972 125,527 2,229,499 861,028 72,710 933,739 2,965,000 198,238 3,163,238 2043 1,475,000 62,075 1,537,075 890,000 50,294 940,294 2,365,000 112,369 2,477,369 2044 825,000 16,500 841,500 425,000 36,325 461,325 1,250,000 52,825 1,302,825 2045 0 0 0 215,000 31,544 246,544 215,000 31,544 246,544 2046 0 0 0 220,000 26,375 246,375 220,000 26,375 246,375 2047 0 0 0 225,000 20,813 245,813 225,000 20,813 245,813 2048 0 0 0 235,000 15,063 250,063 235,000 15,063 250,063 2049 0 0 0 240,000 9,125 249,125 240,000 9,125 249,125 2050 0 0 0 245,000 3,063 248,063 245,000 3,063 248,063 143,280,709$ 36,590,119$ 179,870,828$ 43,262,305$ 10,133,747$ 53,396,051$ 186,543,014$ 46,723,865$ 233,266,879$ Source: Washington County Department of Budget and Finance * Totals may not foot due to rounding. (1) Debt characterized as self-supporting is still general obligation debt, backed by the pledge of the County's full faith and credit and unlimited taxing power. Washington County Schedule of Debt Service Requirements on Long-term Obligations* Tax-Supported Debt Service As of June 30, 2023 DEBT AND CAPITAL REQUIREMENTS 52 Washington County, Maryland Year Outstanding Debt Service The Bonds Ending June 30 Principal Interest Total Principal Interest Total Principal Interest Total 2024 13,963,091$ 5,830,697$ 19,793,788$ -$ -$ -$ 13,963,091$ 5,830,697$ 19,793,788$ 2025 14,386,650 5,533,045 19,919,695 - - - 14,386,650 5,533,045 19,919,695 2026 14,020,020 5,004,750 19,024,770 - - - 14,020,020 5,004,750 19,024,770 2027 13,774,663 4,512,873 18,287,536 - - - 13,774,663 4,512,873 18,287,536 2028 14,435,529 4,033,086 18,468,615 - - - 14,435,529 4,033,086 18,468,615 2029 11,844,629 3,587,958 15,432,587 - - - 11,844,629 3,587,958 15,432,587 2030 11,076,157 3,174,537 14,250,694 - - - 11,076,157 3,174,537 14,250,694 2031 11,492,696 2,774,966 14,267,662 - - - 11,492,696 2,774,966 14,267,662 2032 10,729,247 2,404,910 13,134,157 - - - 10,729,247 2,404,910 13,134,157 2033 10,185,809 2,075,927 12,261,736 - - - 10,185,809 2,075,927 12,261,736 2034 9,377,385 1,762,470 11,139,855 - - - 9,377,385 1,762,470 11,139,855 2035 8,908,972 1,462,946 10,371,918 - - - 8,908,972 1,462,946 10,371,918 2036 8,195,571 1,182,586 9,378,157 - - - 8,195,571 1,182,586 9,378,157 2037 7,208,540 933,508 8,142,047 - - - 7,208,540 933,508 8,142,047 2038 6,029,055 725,803 6,754,857 - - - 6,029,055 725,803 6,754,857 2039 5,185,000 553,534 5,738,534 - - - 5,185,000 553,534 5,738,534 2040 4,310,000 407,975 4,717,975 - - - 4,310,000 407,975 4,717,975 2041 3,460,000 292,881 3,752,881 - - - 3,460,000 292,881 3,752,881 2042 2,965,000 198,238 3,163,238 - - - 2,965,000 198,238 3,163,238 2043 2,365,000 112,369 2,477,369 - - - 2,365,000 112,369 2,477,369 2044 1,250,000 52,825 1,302,825 - - - 1,250,000 52,825 1,302,825 2045 215,000 31,544 246,544 - - - 215,000 31,544 246,544 2046 220,000 26,375 246,375 - - - 220,000 26,375 246,375 2047 225,000 20,813 245,813 - - - 225,000 20,813 245,813 2048 235,000 15,063 250,063 - - - 235,000 15,063 250,063 2049 240,000 9,125 249,125 - - - 240,000 9,125 249,125 2050 245,000 3,063 248,063 - - - 245,000 3,063 248,063 186,543,014$ 46,723,865$ 233,266,879$ -$ -$ -$ 186,543,014$ 46,723,865$ 233,266,879$ Source: Washington County Department of Budget and Finance * Totals may not foot due to rounding. Washington County Schedule of Debt Service Requirements of Long-term Obligations As of June 30, 2023 Adjusted to Reflect Issuance of the Bonds* Total Debt Service DEBT AND CAPITAL REQUIREMENTS Washington County, Maryland 53 Number Principal Principal of Years Amount Percent Amount Percent 5 55,338,997$ 38.62 10 97,932,232 68.35 15 128,710,280 89.83 20 142,455,709 99.42 25 143,280,709 100.00 (1) Bonds refers to the Bonds that are the subject of this Official Statement Rapidity of Direct Tax-Supported Debt Principal Payment June 30, 2023 After Issuance of Bonds (1)Before Issuance of Bonds (1) Source: Washington County Department of Budget and Finance Anticipated Future Financing The County currently anticipates issuing additional general obligation bonds for approximately $18.5 million in fiscal year 2025, and $21.0 million in fiscal year 2026. In addition, the County expects to receive loan funding of up to approximately $4,488,552 from the Maryland Water Infrastructure Financing Administration for a wastewater system project within calendar year 2024; any such loan funding will be papered by one or more general obligation bonds issued by the County to the Maryland Water Infrastructure Financing Administration. These anticipated debt issuance amounts are for planning purposes and are subject to change as part of the annual budgeting process. Capital Requirements Capital Improvement Program Summary The County has established the CIP for establishing a capital budget to forecast future needs and set priorities. It is reviewed and updated during the annual budget process. The objectives of the CIP are to: (1) provide a means for coordinating and consolidating into one document all departmental and agency requests for capital funds; (2) establish a system by which the capital projects of the County can be examined and given priorities according to their relative importance; (3) pro vide a budgetary tool for the implementation of the Comprehensive Plan elements; (4) forecast future capital demands on local current revenue; and (5) allow projects to be scheduled over a long-term period, thereby providing adequate planning for both financial resources and project implementation. By applying the guidelines of the County’s DM Policy and the annual debt affordability analysis, the Board is able to adopt a capital budget that provides maximum benefits from available public funds and assures sound fiscal planning. See “FINANCIAL INFORMATION – Budget Process and Schedule” herein. Environmental Considerations for Capital Projects To ensure that the County is at the forefront of climate change and environmental protection legislation, environmentally conscience leachate treatment, stormwater management and LEED (Leadership in Energy and Environmental Design) measures are being used, where possible, for building renovations, new construction, solid waste management and road and culvert improvements. County projects include funding for tree planting initiatives, LED (Light Emitting Diode) lighting replacements and site improvements to ensure that stormwater runoff and leachate are adequately filtered prior to reaching ground aquifers and surface waterways. MISCELLANEOUS 54 Washington County, Maryland VI. Miscellaneous Litigation The County is currently a defendant in litigation matters involving various matters and claims. Many of these are covered by insurance, subject to a deductible. As most of these disputes involve unliquidated damages, it is not possible to provide a reliable total of damages for which the County may become liable. In the opinion of the County Attorney, all such matters now pending or threatened are, collectively, unlikely to result in total liabilities that would have a material effect on the financial condition of the County. Impact of COVID-19 Pandemic on the County To date, the COVID-19 pandemic has not had a material adverse impact on the County’s financial position or operations. The COVID-19 pandemic’s long-term impact on the County’s financial performance and operations will continue to depend on future developments, including the duration of the pandemic or any spike in COVID-19 cases. It is possible that the County may experience an increase in expenses for emergency services, emergency preparedness, public health, and personnel costs. Further, the ongoing COVID-19 pandemic may cause additional economic and health challenges that cannot be anticipated or quantified at this time. The County has the ability to adjust spending on certain capital projects and operating costs, and it maintains a fund balance in its General Fund that the County may be able to use to respond to any such challenges. The County intends to continue proactively managing its affairs in response to the COVID-19 pandemic. Ratings Fitch Ratings, Moody’s Investors Service, Inc., and S&P Global Ratings have given the Bonds the ratings indicated on the cover page of this Official Statement. An explanation of the significance of any of such ratings may be obtained only from the agency furnishing the rating. The County furnished to such rating agencies the information contained in a preliminary form of this Official Statement and other materials and information pertaining to the Bonds. Generally, rating agencies base their ratings on such materials and information, as well as their own investigations, studies, and assumptions. The ratings given the Bonds may be changed at any time and no assurance can be given that they will not be revised downward or withdrawn by one or more of such rating agencies if, in the judgment of any such rating agencies, circumstances should warrant such action. Any such downward revision or withdrawal of any of such ratings may have an adverse effect on market prices for the Bonds. Continuing Disclosure Undertaking In order to enable participating underwriters, as defined in Rule 15c2-12 of the Securities and Exchange Commission (“Rule 15c2-12”) to comply with the requirements of paragraph (b)(5) of Rule 15c2-12, the County will execute and deliver a continuing disclosure agreement (the “Continuing Disclosure Agreement”) on or before the date of issuance and delivery of the Bonds, the proposed form of which is set forth as Appendix D to this Official Statement. In the Continuing Disclosure Agreement the County will covenant for the benefit of the registered owners or Beneficial Owners of the Bonds to provide its audited financial statements and certain specified annual financial information and operating data relating to the County by not later than 240 days after the end of each fiscal year, commencing with the fiscal year ending June 30, 2024, and to provide notice of the occurrence of certain enumerated events, for as long as the Bonds remain outstanding or the County is an obligated person with respect to the Bonds. The audited financial statements, annual financial information and operating data, and notices of the occurrence of the enumerated events, if any, will be posted by or on behalf of the County on the Electronic Municipal Market Access system (“EMMA”) maintained by the Municipal Securities Rulemaking Board and/or filed with any other repository then required by Rule 15c2-12. As of the date of the Official Statement, such information is required to be posted only to EMMA. Potential purchasers of the Bonds should note that the definition of Listed Events contained in the proposed form of the Continuing Disclosure Agreement set forth as Appendix D to this Official Statement is intended to completely restate the events specified in Rule 15c2-12. It is noted that certain of the 16 Listed Events set forth in Section 4(a) of the proposed form of the Continuing Disclosure Agreement are expected to have no applicability to the Bonds, such as the possibility of unscheduled draws on debt service reserves reflecting financial difficulties, unscheduled draws on credit enhancements reflecting financial difficulties, substitution of credit or liquidity providers or their failure to perform, and release, substitution or sale of property securing the Bonds. Prior to September 2020, the County’s practice was to file its annual audited financial statements in satisfaction of its obligation to provide any annual financial information and operating data required by continuing disclosure undertakings executed by the County with respect to prior general obligation debt issues in accordance with Rule 15c2-12, based on the MISCELLANEOUS Washington County, Maryland 55 County’s understanding that such audited financial statements filings satisfied the County’s continuing disclosure undertakin g obligations with respect to identified annual financial information and operating data. However, it was brought to the attention of the County that, with respect to certain County general obligation bonds issued prior to calendar year 2013, the description of the annual financial information and operating data to be provided by the County under its continuing disclosure undertaki ngs with respect to such earlier issues could be construed to require more information than had been contained in the County’s filed annual audited financial statements. Accordingly, in September 2020, the County filed notice of its apparent failure to prov ide certain information with respect to fiscal years 2015 -2019, inclusive, and made a supplemental filing with respect to certain debt information for fiscal years 2015-2019, inclusive, for the affected issues that remain ed outstanding at such time. The County made timely filings of additional annual financial information and operating data for fiscal years 2020, 2021 and 2022; some of the information contained in such filings was provided on a voluntary basis with respect to County general obligation bonds listed on EMMA that were issued during calendar year 2013 and subsequent calendar years (because not required by the County’s continuing disclosure undertakings for such issues). Subsequent to timely filing its additional annual financial information and operating data with respect to fiscal year 2022, the County discovered that, due to a technological glitch, the chart titled “Budget Comparison – General Fund – Fiscal Years 2022 and 2023” contained in the additional financial information and operating data filing timely posted on EMMA on February 22, 2023 with respect to fiscal year 2022 reflected incorrect amounts in certain line items under the “Fiscal Year 2023 – Original Budget” column. On March 15, 2023, a supplement containing the corrected “Budget Comparison – General Fund – Fiscal Years 2022 and 2023” chart was posted on EMMA with regard to the then-outstanding EMMA-listed County general obligation bond issues. As of the date the County timely posted its audited financial statements for fiscal year 2023 on EMMA, none of the County’s general obligation bonds issued prior to calendar year 2013 remained outstanding. However, to ensure compliance with its continuing disclosure undertakings for EMMA listed general obligation bonds issued between calendar year 2013 a nd calendar year 2023, the County prepared and timely filed with respect to such outstanding general obligation bonds a separate document containing additional annual financial information and operating data. After making such timely filing, the County discovered that the table titled “Statement of General Obligation Bonded Debt Issued and Outstanding as of June 30, 2023” included a $45,082 entry in the “Am ount Outstanding – Solid Waste Fund” column for the Public Improvement Bonds issued in May 2013 when that entry should have been reflected in the same column for the Refunding Bonds issued in May 2013. The County prepared and filed on EMMA a corrected rep lacement table on March 5, 2024; the corrections included shifting that $45,082 outstanding amount entry to the correct series of bonds and adjusting the entries in the “Amount Outstanding – Total” column for the two series of bonds. The corrections did n ot change the total amounts outstanding as of June 30, 2023 accounted for in the Solid Waste Fund column or the aggregated Total column. In the past five years, the County has timely filed its annual audited financial statements for fiscal years 2019 – 2023 with respect to all then-outstanding general obligation bond issues listed on EMMA. Except as described in the four preceding paragraphs (to the extent any of the foregoing constitutes a material failure), the County has not failed in the past five years to comply, in all material respects, with any previous continuing disclosure undertaking entered into by the County pursuant to Rule 15c2 -12. Sale at Competitive Bidding The Bonds were offered by the County at competitive bidding on ______, 2024 in accordance with the official Notice of Sale (a copy of which is attached as Appendix C). The Bonds were awarded to ________________. The interest rates shown on the cover page of this Official Statement are the interest rates resulting from the award of the Bonds at the competitive bidding. The yields shown on the cover page of this Official Statement were furnished by the successful bidder for the Bonds and not by the County. All other information concerning the nature and terms of any re-offering should be obtained from the successful bidder for the Bonds and not from the County. Legal Matters All legal matters incident to the authorization, issuance and sale of the Bonds are subject to the approval of Funk & Bolton, P.A., Baltimore, Maryland, Bond Counsel. Delivery of the Bonds is conditioned upon delivery by Bond Counsel of an opinion relating to the Bonds substantially in the form set forth in Appendix B to this Official Statement. The certified text of the approving legal opinion for the Bonds will be printed on or attached to the Bonds. Bond Counsel has not been engaged, nor has it undertaken, to audit, authenticate or otherwise verify the information set forth in this Official Statement regarding the County or other referenced governmental entities, or any related informati on regarding the County or other referenced governmental entities, with respect to the accuracy and completeness of such MISCELLANEOUS 56 Washington County, Maryland information, and it will not express any opinions with respect thereto or with respect to any specific sections of this Official Statement. Independent Auditors The financial statements as of June 30, 2023, and for the year then ended, included in Appendix A to this Official Statement, have been audited by SB & Company, LLC, independent auditors, as stated in their report appearing herein, and should be read in their entirety. Such financial statements have been included in reliance upon the report of SB & Company, LLC. Such report speaks only as of its date. SB & Company, LLC the independent auditor, has not been engaged to perform and has not performed, since the date of its report included in Appendix A to this Official Statement, any procedures on the financial statements addressed in that report. SB & Company, LLC also has not performed any procedures relating to this Official Statement. Verification of Mathematical Computations The arithmetical accuracy of certain computations included in the schedules provided by Davenport & Company LLC, the financial advisor to the County, on behalf of the County relating to (i) computation of forecasted payments of principal and interest to pay accrued interest on the Refunded Bonds and to redeem the Refunded Bonds at their respective redemption prices, and (ii) computation of yields on the Bonds and the Acquired Obligations was examined by __________ (the “Verification Agent”). Such computations were based solely upon assumptions and information supplied by Davenport & Company LLC on behalf of the County. The Verification Agent has restricted its procedures to examining the arithmetical accuracy of certain computations and has not made any study or evaluation of the assumptions and information upon which the computations are based and, accordingly, has not expressed an opinion on the data used, the reasonableness of the assumptions, or the achievability of the forecasted outcome. Financial Advisor Davenport & Company LLC, Towson, Maryland (the “Financial Advisor”) is a registered municipal advisor with the Municipal Securities Rulemaking Board and serves as financial advisor in connection with the issuance of the Bonds and other matters related to the County’s finances. The Financial Advisor has not been engaged, nor has it undertaken, to audit, authenticate or otherwise verify the information set forth in this Official Statement, or any other related information available to the County, with respect to accuracy and completeness of disclosure of such information. The Financial Advisor makes no guaranty, warranty or other representation respecting the accuracy and completeness of this Official Statement or any other matter related to the Official Statement. *** This Official Statement has been approved and authorized by the County for use in connection with the sale of the Bonds. COUNTY COMMISSIONERS OF WASHINGTON COUNTY By: John F. Barr, President WASHINGTON COUNTY, MARYLAND B-1 APPENDIX B PROPOSED FORM OF OPINION OF BOND COUNSEL WITH RESPECT TO THE BONDS [Date of Issuance] County Commissioners of Washington County Hagerstown, Maryland Dear County Commissioners: We have acted as bond counsel to County Commissioners of Washington County (the “County”) in connection with the issuance of its $XX,XXX,XXX County Commissioners of Washington County Public Improvement and Refunding Bonds of 2024 (the “Bonds”), dated the date hereof. All capitalized terms not defined herein shall have the meanings set forth in the Bonds. We have examined the law and such certified proceedings and other materials as we deem necessary to render the opinions set forth below. The scope of our engagement as bond counsel extends solely to an examination of the facts and law incident to rendering the opinions specifically expressed herein. As to questions of fact material to our opinion letter, we have relied upon the certified proceedings of the County and certifications by public officials, without undertaking to verify the same by independent investigation. We have assumed the accuracy and truthfulness of all public records and of all certifications, documents and other proceedings examined by us that have been executed or certified by public officials acting within the scope of their official capacities, and we have not independently verified the accuracy or truthfulness th ereof. We have also assumed the genuineness of the signatures appearing upon such public records, certifications, documents and proceedings. We have assumed the authenticity of all documents submitted to us as originals, the conformity to original documents of all documents submitted to us as certified or photocopies and the authenticity of the originals of such latter documents. This opinion letter does not constitute or imply a recommendation of the market or financial value of the Bonds or an assessment of the strength or appropriateness of the covenants by the County, the possibility of default, the eligibility or suitability of the Bonds as an investment, or any other legal or financial aspect of the Bonds not expressly addressed herein. We do not express any opinion herein regarding any law other than the law of the State of Maryland (the “State”) and the federal law of the United States of America. With respect to the executed and authenticated Bond of the issue of Bonds that we have examined, and Bonds similarly executed and authenticated and identical thereto in form, except for numbers, interest rates, denominations, maturities and CUSIP numbers, we are of the opinion that, under existing Maryland and federal law as of the date hereof: (a) The Bonds are valid and legally binding general obligations of the County to which its full faith and credit and taxing power are pledged, and for the payment of which the County is empowered and directed to levy ad valorem taxes unlimited as to rate and amount upon all legally assessable property subject to assessment for unlimited taxation in Washington County. (b) To provide for the payment of the principal of and interest on the Bonds, the County, by the adoption of the Resolution, has covenanted to levy ad valorem taxes in rate and amount sufficient for that purpose in each fiscal year in which provision must be made for the payment of such principal and interest. WASHINGTON COUNTY, MARYLAND B-2 (c) By the terms of the Act, the Bonds, their transfer, the interest payable thereon, and any income derived therefrom (including any profit made in the sale thereof) shall be at all times exempt from State, county, municipal or other taxation of every kind and nature whatsoever in the State, but no opinion is expressed as to estate or inheritance taxes, or to any other taxes not levied or assessed directly on the Bonds, their transfer, the interest thereon or the income therefrom. (d) Under existing statutes, regulations and decisions, and assuming the accuracy of certifications of the County, interest on the Bonds is excludable from gross income for purposes of federal income taxation under Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”). Interest on the Bonds is not includable in the alternative minimum taxable income of individuals as an enumerated item of tax preference or other specific adjustment. Interest on the Bonds will be part of adjusted finan cial statement income, fifteen percent of which is included in the computation of the corporate alternative minimum tax imposed on applicable corporations. Interest on the Bonds held by foreign corporations engaged in a trade or business in the United States may be subject to the branch profits tax imposed by the Code. The opinions set forth in this paragraph (d) are subject to the condition that the County complies with all requirements that must be satisfied subsequent to the issuance of the Bonds so that interest on the Bonds continues to be excluded from gross income for federal income tax purposes. The County has covenanted and agreed to comply with each such requirement in its Tax Certificate and Compliance Agreement of even date herewith (the “Tax Certificate”). Failure to comply with certain requirements may cause interest on the Bonds to be included in gross income for federal income tax purposes retroactive to the date of issuance of the Bonds. We assume no responsibility for, and will not monitor, compliance by the County with the covenants and agreements contained in the Tax Certificate. In the event of noncompliance with such covenants and agreements, available enforcement remedies may be limited by applicable provisions of law and, therefore, may not be adequate to prevent the interest on the Bonds from becoming includable in gross income for federal income tax purposes. Other than as set forth in the preceding paragraphs (c) and (d), we express no opinion regarding the federal or State income tax consequences arising with respect to the Bonds. It is to be understood that the rights of the owners of the Bonds and the enforceability of the Bonds and the Resolution may be limited by bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors’ rights generally and by equitable principles, whether considered at law or in equity. In addition, the rights of the owners of the Bonds and the enforceability of the Bonds and the Resolution may be subject to the valid exercise of constitutional powers of the United States of America and of the sovereign police and taxing powers of the State of Maryland or other governmental units having jurisdiction. Our services as bond counsel have been limited to rendering the specific opinions expressed above based on our review of such information and proceedings as we deem necessary to opine as to the validity of the Bonds and the tax status of the interest payable on the Bonds as of their date of issuance. We have not been engaged and have not undertaken to express an opinion as to the accuracy, completeness or sufficiency of the Official Statement or other material relating to the Bonds and, accordingly, we express no opinion as to the accuracy, completeness or sufficiency of any such information that may have been relied upon by any person in making a decision to purchase the Bonds. The opinions expressed above are limited to the matters set forth above, and no other opinions should be inferred beyond the matters expressly stated. This opinion letter is given as of its date and we assume no obligation to revise or supplement this opinion letter to reflect any facts or circumstances that may hereafter come to our attention or any changes in law that may hereafter occur. Very truly yours, WASHINGTON COUNTY, MARYLAND C-1 APPENDIX C NOTICE OF SALE WASHINGTON COUNTY, MARYLAND (County Commissioners of Washington County) $25,455,000* PUBLIC IMPROVEMENT AND REFUNDING BONDS OF 2024 (Full Faith and Credit Obligations of the County Commissioners of Washington County) Dated Date of Delivery DTC Book-Entry Overview and Amortization Electronic bids only will be received via the applicable service of BidCOMP/Parity®/www.i- dealprospectus.com (as applicable, “Parity”) on behalf of County Commissioners of Washington County (the “County”) by the Chief Financial Officer of the County (the “CFO”) on Wednesday, May 29, 2024 until 10:15 a.m. prevailing eastern time (“Eastern Time”), unless postponed as described in this Notice of Sale (in either such case, the “Bid Date”) for the purchase of all (but not less than all) of the County’s Public Improvement and Refunding Bonds of 2024 (the “Bonds”). The Bonds will be dated their date of delivery. Interest on the Bonds will be payable on January 1, 2025 and semiannually thereafter on July 1 and January 1 until maturity or earlier redemption. The Bonds are issued under the provisions of Chapter 392 of the Laws of Maryland of 2007 (“Chapter 392”), Chapter 99 of the Laws of Maryland of 2018 , Title 6 of the Code of Public Local Laws of Washington County, Maryland (2019 Edition) (the “Water and Sewer Act”), and Section 19-207 of the Local Government Article of the Annotated Code of Maryland (the “Refunding Act”), each as amended as applicable. The Bonds are issued in accordance with Resolution No. RS-2024-___adopted by the Board of County Commissioners of Washington County (the “Board”) on May 7, 2024. In the event the County determines not to refund any of the 2013 Bonds or the 2014 Bonds identified below under “Purposes of Issue,” Chapter 392 and the Refunding Act will not serve as authority for the issuance of the Bonds and the Bonds as issued shall be designated as the “Public Improvement Bonds of 2024.” Manufacturers and Traders Trust Company, Baltimore, Maryland and Buffalo, New York, will act as the Bond Registrar and Paying Agent for the Bonds. On or prior to the Bid Date, the County may determine not to issue the Bonds for the purpose of refunding any of the outstanding 2013 Bonds or the outstanding 2014 Bonds. Any such determination will be communicated via Parity or TM3 News Service (www.tm3.com) (“TM3”) as described below under “Amendment and Postponement.” If the County so determines not to issue the Bonds for refunding purposes, references in this official Notice of Sale to the Bonds being issued for refunding purposes shall be disregarded. The Bonds will be subject to principal amortization either through serial maturities or mandatory sinking fund redemptions or a combination thereof (see “Serial and/or Term Bonds” below) on J uly 1 in the years and principal amounts set forth below (the “Preliminary Amounts”), subject to the provisions of “Adjustments to Principal Amounts” herein: *Preliminary, subject to change WASHINGTON COUNTY, MARYLAND C-2 Maturing July 1* Principal Amount* Maturing July 1* Principal Amount* 2025 1,455,000$ 2035 605,000$ 2026 1,545,000 2036 635,000 2027 1,635,000 2037 670,000 2028 1,715,000 2038 710,000 2029 1,800,000 2039 740,000 2030 1,905,000 2040 775,000 2031 2,000,000 2041 805,000 2032 2,100,000 2042 840,000 2033 2,215,000 2043 875,000 2034 1,520,000 2044 910,000 *Preliminary, subject to change Adjustments to Principal Amounts Pre-sale, the County reserves the right to change the Preliminary Amounts from time to time up until 9:30 a.m. Eastern Time on the Bid Date, by changing the original aggregate principal amount of the Bonds and/or by changing or eliminating the original aggregate principal amount of one or more of the maturities of the Bonds, including (without limitation), because the County has reduced the original aggregate principal amount of the Bonds to be issued for any particular project or has determined not to use Bonds proceeds to fund a particular project. Should a revision to the original aggregate principal amount of the Bonds and/or the principal amortization schedule for the Bonds be made (the “Revised Amounts”), such revision will be published on Parity or TM3 News Service (www.tm3.com) (“TM3”) not later than 9:30 a.m. Eastern Time on the Bid Date. In the event that no revisions are made or that such revisions are not published on Parity or TM3 before 9:30 a.m. Eastern Time on the Bid Date, the Preliminary Amounts will constitute the Revised Amounts. Bidders shall submit bids based on the Revised Amounts and the Revised Amounts will be used to compare bids for the Bonds and to select a winning bidder for the Bonds. After selecting the winning bid for the Bonds, the maturity schedule for the Bonds may be adjusted as necessary in the determination of the County’s financial advisor in increments of $5,000. Any adjustments pursuant to this paragraph will not increase or reduce the Revised Amounts by more than 15% of the amount of the winning bid. The dollar amount bid for the Revised Amounts of the Bonds by the successful bidder will be adjusted proportionately to reflect any reduction or increase in the original aggregate principal amount of the Bonds, but the coupon rates specified by the successful bidder for all maturities of the Bonds will not change. Any such maturity schedule adjustments will be communicated to the successful bidder for the Bonds within six hours of the deadline for submitting bids. Any such adjusted bid price will reflect changes in the dollar amount of the underwriter’s discount and original issue discount or premium, if any, but will not change the underwriter’s discount per $1,000 of par amount of the Bonds from the underwriter’s discount that would have been received based on the purchase price in the winning bid, the coupon rates or the initial offering prices (as defined herein) specified by the successful bidder. The successful bidder for the Bonds as so adjusted may not withdraw its bid or change the interest rates bid or initial offering prices as a result of any changes made to the principal amounts of the Bonds within these limits. ALL BIDS SHALL REMAIN FIRM UNTIL 5:00 P.M. EASTERN TIME. WASHINGTON COUNTY, MARYLAND C-3 Serial Bonds and/or Term Bonds A bidder for the Bonds may designate in its bid two or more consecutive principal amounts of the Revised Amounts as a term bond, which matures on the maturity date of the last included principal amount of the sequence. More than one such sequence of principal amounts of the Revised Amounts for the Bonds may be designated as term bonds. Any term bond so designated shall be subject to mandatory redemption in each year on the principal payment dates and in the entire amount of each serial maturity designated for inclusion in such term bond (as such principal amounts may be adjusted as described in “Adjustments to Principal Amounts” above). Purposes of Issue A portion of the Bonds are being issued to provide financing for costs of certain infrastructure projects, education projects, public safety projects and environmental projects and for certain costs of issuance of the Bonds. A portion of the Bonds are being issued to currently refund all or a portion of the outstanding maturities of the County’s Public Improvement Bonds of 2013 (the “2013 Bonds”) and Public Improvement Bonds of 2014 (the “2014 Bonds”) that mature on or after July 1, 2025. The specific full or partial maturities of the 2013 Bonds and 2014 Bonds to be refunded, if any, will be determined upon any award of the sale of the Bonds. A portion of the costs of such new money projects and certain costs of issuance of the Bonds will be paid by the County from other available funds. Bid Specifications Each bidder for the Bonds shall submit one bid on an “all or none” basis. Each bid must specify the amount bid for the Bonds, which amount may not be less than 100% of par or greater than 115% of par. Each bid for the Bonds must specify in multiples of one-eighth ( 1/8 ) or one-twentieth ( 1/20 ) of one percent (1%) the rate or rates of interest per annum that the Bonds are to bear but shall not specify (a) more than one interest rate for any Bonds having the same maturity, (b) a zero rate of interest, (c) any interest rate for any Bonds that exceeds the interest rate stated in such bid for any other Bonds by more than 300 basis points, or (d) any interest rate greater than five percent (5%). Electronic Bids Only Bids must be submitted by electronic bidding via Parity, in the manner described below, and must be submitted on the Bid Date by 10:15 a.m. Eastern Time. No bid for the Bonds will be accepted after the specified time for receiving bids. To the extent any instructions or directions set forth in Parity conflict with this Notice of Sale, the terms of this Notice of Sale shall control. For further information about Parity, potential bidders may contact Parity at (212) 849- 5021. Disclaimer Each prospective electronic bidder shall be solely responsible to submit its bid via Parity as described above. Each prospective electronic bidder shall be solely responsible to make necessary arrangements to access Parity for the purpose of submitting its bid in a timely manner and in compliance with the requirements of this Notice of Sale. Neither the County nor Parity shall have any duty or obligation to provide or assure access to Parity to any prospective bidder, and neither the County nor Parity shall be responsible for proper operation of or have any liability for any delays or interruptions of, or any damages caused by Parity. The County is using Parity as a communication mechanism, and not as the County’s agent, to conduct the electronic bidding for the Bonds. The County is not bound by any advice and determination of Parity to the effect that any particular bid complies with the terms of this Notice of Sale and in particular the bid parameters specified in this Notice of Sale. All costs and expenses incurred by prospective bidders in connection with their submission of bids via Parity are the sole responsibility of the bidders; and the County is not responsible, directly or indirectly, for any of such costs or expenses. If a prospective bidder encounters any difficulty in submitting, modifying, or withdrawing a bid for the Bonds, such bidder should telephone Parity at (212) 849-5021 and notify the County’s financial advisor, Davenport & Company LLC, by facsimile at (866) 932-6660 and by telephone at (410) 296- 9426. WASHINGTON COUNTY, MARYLAND C-4 Electronic Bidding Procedures Electronic bids must be submitted for the purchase of the Bonds via Parity. The deadline for submitting bids via Parity on the Bid Date is 10:15 a.m. Eastern Time. Prior to that time, a prospective bidder may (1) submit the proposed terms of its bid via Parity, (2) modify the proposed terms of its bid, in which event the proposed terms as last modified will (unless the bid is withdrawn as described herein) constitute its bid for the Bonds, or (3) withdraw its proposed bid. Once the deadline for submitting bids for the Bonds occurs, each bid therefor will constitute an irrevocable offer to purchase the Bonds on the terms therein provided, subject to this Notice of Sale. The County shall not be responsible for any malfunction or mistake made by, or as a result of the use of the facilities of, Parity, the use of such facilities being the sole risk of the prospective bidder. For purposes of the electronic bidding process, the time as maintained on Parity shall constitute the Eastern Time. If any provision of this Notice of Sale shall conflict with the information provided by Parity as the approved provider of electronic bidding services, this Notice of Sale shall control. Basis of Award Bids will be communicated electronically on the Bid Date at 10:15 a.m. Eastern Time. Any award of the Bonds will be made on behalf of the County by the CFO. The successful bidder for the Bonds will be determined based on the lowest interest cost to the County. The lowest interest cost for the Bonds shall be determined in accordance with the true interest cost (“TIC”) method by doubling the semiannual interest rate (compounded semi-annually) necessary to discount the debt service payments from the payment dates to the date of the Bonds and to the price bid. If two or more bidders offer to purchase the Bonds at the same lowest interest cost, then such award will be made to the bidder offering the highest purchase price. If two or more bidders offer to purchase the Bonds at the same lowest interest cost, with the same purchase price, the County shall have the right to award all of the Bonds to one bidder. The CFO will execute and deliver an order of award after the apparent successful bidder for the Bonds pays the Good Faith Deposit provided for herein by federal funds wire transfer (see “Good Faith Deposit and Award” below). Notwithstanding the foregoing, the County, by the CFO, reserves the right to reject any and all bids for the Bonds and to waive any informality or irregularity in any bid, and the judgment of the CFO with respect to such matters shall be final and binding upon all bidders with respect to the form and adequacy of any bid received for the Bonds and as to its conformity to the terms of this Notice of Sale or with respect to the determination to reject any and all bids for the Bonds. Good Faith Deposit and Award The apparent successful bidder for the Bonds shall submit a good faith deposit in the amount of $254,550 (the “Good Faith Deposit”) as provided below. The Good Faith Deposit will secure the County from any loss resulting from the failure of the apparent successful bidder to comply with the terms of its bid. The apparent successful bidder for the Bonds shall transfer the Good Faith Deposit by wire transfer directly to the County upon notification of identification of the apparent successful bidder, but in any case, no later than 3:00 p.m. Eastern Time on the Bid Date (the “Deposit Deadline”). Wire instructions will be provided to the apparent successful bidder for the Bonds by the County’s financial advisor upon verification of bids submitted, identification of the apparent successful bidder for the Bonds and prior to the Deposit Deadline. The apparent successful bidder for the Bonds will provide as quickly as it is available evidence of the wire transfer to the County’s financial advisor by providing to the County’s financial advisor the federal funds reference number. Notification of the award of the Bonds, if made, will be indicated on Parity and shall not be made until after the County’s financial advisor has confirmation of receipt of the Good Faith Deposit . If the apparent successful bidder fails to so deliver the Good Faith Deposit by the Deposit Deadline, the County will have the option to not award the Bonds without any liability to the apparent successful bidder and the apparent successful bidder shall be responsible to the County for all consequential damages arising from such failure. Formal award of the Bonds, if made, will be made by 5:00 p.m. on the Bid Date. WASHINGTON COUNTY, MARYLAND C-5 At the time of delivery of the Bonds, the Good Faith Deposit will be applied against the purchase price for the Bonds or will be retained as liquidated damages upon the failure of the successful bidder to take and pay for the Bonds in accordance with the terms of its bid. The successful bidder for the Bonds shall have no right in or to the Good Faith Deposit if it fails to complete the purchase of, and payment in full of, the Bonds for any reason whatsoever, unless such failure of performance shall be caused by an act or omission of the County. No interest will be paid upon the Good Faith Deposit to the successful bidder. Notwithstanding the foregoing, should the successful bidder fail to pay for the Bonds at the price and on the date agreed upon, the County retains the right to seek further compensation for damages sustained as a result of the successful bidder so doing . If the original aggregate principal amount of the Bonds is adjusted as described above under “Adjustments to Principal Amounts”, no adjustment will be made to the Good Faith Deposit. Establishment of Issue Price for the Bonds The County expects and intends that the provisions of U.S. Treasury Regulation Section 1.148 -1(f)(3)(i) (defining “competitive sale” for purpose of establishing the issue price of the Bonds) will apply to the initial sale of the Bonds because (i) the County will disseminate this Notice of Sale to potential underwriters (as defined below) in a manner that is reasonably designed to reach potential underwriters, (ii) all bidders will h ave an equal opportunity to bid, (iii) the County may receive bids from at least three underwriters of municipal bonds that have established industry reputations for underwriting new issuances of municipal bonds, and (iv) the County anticipates awarding th e sale of the Bonds to the bidder that submits a firm offer to purchase the Bonds at the lowest possible TIC, as set forth herein. If such competitive sale requirements are met, the successful bid for the Bonds will be treated as a “Qualified Competitive Bid”. If the competitive sale requirements are not met, the successful bid for the Bonds will be treated as a “Nonqualified Competitive Bid”. It is noted that the procedures for a Nonqualified Competitive Bid may require the winning bidder and, if applicable, other underwriters of the Bonds, to hold the initial offering prices of the Bonds for some or all maturities of the Bonds for up to five (5) business days after the sale date (as defined below), as further specified below. By submitting a bid, each bidder (i) confirms that is was not given the opportunity to review other bids prior to submitting its bid, (ii) confirms that its bid is a firm offer for the purchase of the Bonds, on the terms set forth in its bid and this Notice of Sale (as this Notice of Sale may be modified in accordance with its terms), except as permitted by this Notice of Sale, and (iii) represents that it has an established industry reputation for underwriting new issuances of municipal bonds. The County will advise the apparent successful bidder as promptly as possible after bids are received whether its bid constitutes a Qualified Competitive Bid or a Nonqualified Competitive Bid. If the apparent successful bid is a Qualified Competitive Bid, as promptly as possible after bids are received, the County will notify the apparent successful bidder and such bidder, upon such notice, shall advise the County of the reasonably expected initial offering price to the public (as defined below) of each maturity of the Bonds. If the apparent successful bid is a Nonqualified Competitive Bid, the County shall treat (i) the first price at which 10% of a maturity of the Bonds (the “10% test”) is sold to the public as of the date and time of award of the Bonds as the issue price of that maturity, if applicable, and/or (ii) the initial offering price to the public as of the sale date of any maturity of the Bonds as the issue price of that maturity (the “hold -the-offering-price rule”), in each case applied on a maturity-by-maturity basis. If the apparent successful bid is a Nonqualified Competitive Bid, t he successful bidder shall advise the County if any maturity of the Bonds satisfies the 10% test as of the date and time of the award of the Bonds. Any maturity of the Bonds as to which the successful bidder has not so advised the County that the 10% test has been satisfied as of the date and time of award of the Bonds shall be subject to the hold-the- offering-price rule. Bids will not be subject to cancellation if the hold-the-offering-price rule applies to any maturity of the Bonds. Bidders should prepare their bids on the assumption that some or all of the maturities of the Bonds will be subject to the hold-the-offering-price rule in order to establish the issue price of the Bonds. WASHINGTON COUNTY, MARYLAND C-6 By submitting a bid, the successful bidder shall (i) confirm that the underwriters have offered or will offer to sell the Bonds to the public on or before the date of sale at the offering price or prices (the “initial offering prices”), or at the corresponding yield or yields, set forth in the bid submitted by the successful bidder and (ii) agree, on behalf of the underwriters participating in the purchase of the Bonds, that the underwriters will neither offer nor sell unsold Bonds of any maturity to which the hold-the-offering-price rule shall apply to any person at a price that is higher than the initial offering price to the public during the period starting on the sale date and ending on the earlier of the following: (1) the close of fifth (5th) business day after the sale date or (2) the date on which the underwriters have sold at least 10% of that maturity of the Bonds to the public at a price that is no higher than the initial offering price for that maturity to the public, if that occurs pri or to the close of the fifth (5th) business day after the sale date. For a Nonqualified Competitive Bid, the successful bidder shall promptly advise the County when the underwriters have sold to the public 10% of any maturity subject to the hold -the-offering-price rule at a price that is no higher than the initial offering price to the public, if that occurs prior to the close of the fifth (5th) business day after the sale date. The County acknowledges that, in making the representations set forth above, the successful bidder will rely on (i) the agreement of each underwriter to comply with the hold -the-offering-price rule, as set forth in an agreement among underwriters and the related pricing wires, (ii) in the event a selling group has been created in connection with the initial sale of the Bonds to the public, the agreement of each dealer who is a member of the selling group to comply with the hold-the-offering-price rule, as set forth in a selling group agreement and the related pricing wires, and (iii) in the event that any underwriter is a party to a retail distribution agreement that was employed in connection with the initial sale of the Bonds to the public, the agreement of each broker-dealer that is party to such agreement to comply with the hold-the-offering-price rule, as set forth in the retail distribution agreement and related pricing wires. The County further acknowledges that each underwriter shall be solely liable for its failure to comply with its agreement regarding the hold-the-offering-price rule and that no underwriter shall be liable for the failure of any other underwriter, or of any dealer that is a member of a selling group, or of any broker -dealer that is a party to a retail distribution agreement to comply with its corresponding agreement regarding the hold -the-offering-price rule as applicable to the Bonds. By submitting a bid, each bidder confirms that: (i) any agreement among underwriters, any selling group agreement and each retail distribution agreement relating to the initial sale of the Bonds to the public, together with the related pricing wires, contains or will contain language obligating each underwriter, each dealer who is a member of the selling group, and each broker-dealer that is a party to such retail distribution agreement, as applicable, to (A) report the prices at which it sells to the public the unsold Bonds of each maturity allotted to it until it is notified by the successful bidder that either the 10% test has been satisfied as to the Bonds of that maturity or all Bonds of that maturity have been sold to the public and (B) comply with th e hold-the-offering-price rule, if applicable, in each case if and for so long as directed by the successful bidder and as set forth in the related pricing wires and (ii) any agreement among underwriters relating to the initial sale of the Bonds to the pub lic, together with the related pricing wires, contains or will contain language obligating each underwriter that is a party to a retail distribution agreement to be employed in connection with the initial sale of the Bonds to the public to require each b roker-dealer that is a party to such retail distribution agreement to (A) report the prices at which it sells to the public the unsold Bonds of each maturity allotted to it until is notified by the successful bidder or such underwriter that either the 10% te st has been satisfied as to the Bonds of that maturity or all Bonds of that maturity have been sold to the public and (B) comply with the hold-the-offering-price rule, if applicable, in each case if and for so long as directed by the successful bidder or such underwriter and as set forth in the related pricing wires. Sale of any Bonds to any person that is a related party (as defined below) to an underwriter shall not constitute sales to the public for purposes of this Notice of Sale. Further, for purposes of this Notice of Sale: (i) “public” means any person (including an individual, trust, estate, partnership, association, company, or corporation) other than an underwriter or related party to an underwriter; (ii) “related party” generally means any two or more persons who have greater than 50 percent common ownership, directly or indirectly; WASHINGTON COUNTY, MARYLAND C-7 (iii) “sale date” means the date that the Bonds are awarded by the County to the successful bidder; and (iv) “underwriter” means (A) any person that agrees pursuant to a written contract with the County (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the public, and (B) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (A) of this definition to participate in the initial sale of the Bonds to the public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the public). The successful bidder must deliver to the County at closing an “issue price” or similar certificate establishing the issue price of the Bonds in accordance with U.S. Treasury Regulation Section 1.148-1, together with the supporting pricing wires or equivalent communications, substantially in the form attached hereto as Exhibit 1 (for a Qualified Competitive Bid) or Exhibit 2 (for a Nonqualified Competitive Bid), as applicable, with such modificat ions as may be appropriate or necessary, in the reasonable judgment of the successful bidder, the County and bond counsel to the County. All actions to be taken on behalf of the County under this Notice of Sale to establish the issue price of the Bonds may be taken on behalf of the County by the County’s financial advisor, Davenport & Company LLC, and any notice or report to be provided to the County may be provided to the County’s financial advisor Davenport & Company LLC or bond counsel to the County. Security The full faith and credit and unlimited taxing power of the County are unconditionally pledged to the payment of the principal of the Bonds and the interest to accrue thereon. Book-Entry Only The Bonds will be issued by means of a book-entry system with no physical distribution of bond certificates made to the public. One bond certificate for each maturity of the Bonds will be issued to Cede & Co., the nominee of The Depository Trust Company (“DTC”), and immobilized in DTC’s custody or in the custody of the Bond Registrar and Paying Agent. The book-entry system will evidence ownership of the Bonds in the principal amount of $5,000 and integral multiples thereof, with transfers of ownership interest of each actual purchaser of a Bond effected on the records of DTC and its participants. The successful bidder for the Bonds, as a condition to delivery of the Bonds, shall be required to deposit the bond certificates with the Bond Registrar and Paying Agent to be held under DTC’s “FAST” system, registered in the name of Cede & Co., DTC’s nominee. All fees due DTC shall be paid by the successful bidder. Principal and interest on the Bonds will be paid to Cede & Co., nominee of DTC, as registered owner of the Bonds on the dates such principal and interest are payable. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC, and transfer of principal and interest payments to beneficial owners of the Bonds by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The County will not be responsible or liable for such transfers of payments or for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. DTC may determine not to continue to act as securities depository for the Bonds at any time by giving notice to the County. The County may determine to select a different securities depository for the Bonds, or the County may determine not to continue the book-entry system for the Bonds. If the County does not identify another qualified securities depository to replace DTC with respect to the Bonds, the County will deliver replacement bonds in the form of fully-registered certificates. Optional Redemption The Bonds that mature on or before July 1, 2034, are not subject to redemption at the option of the County prior to their maturities. The Bonds that mature on or after July 1, 2035, are subject to redemption at the option of the County in whole or in part on any date on or after July 1, 2034, in any order of maturity directed by the County, at a redemption price of the principal amount of the Bonds (or portions thereof) to be redeemed, plus accrued interest on the principal amount being redeemed to the date fixed for redemption, without premium or penalty. WASHINGTON COUNTY, MARYLAND C-8 Legal Opinion The Bonds will be issued and sold subject to approval as to legality by Funk & Bolton, P.A., Baltimore, Maryland, bond counsel. The approving opinion of Funk & Bolton, P.A. will be delivered, upon request, to the successful bidder for the Bonds, without charge, and the text of or a copy of the approving opinion will also be printed on, or attached to, each Bond. The substantially final form of the opinion of bond counsel is included in the Preliminary Official Statement referred to below as Appendix B. CUSIP Numbers CUSIP numbers for the Bonds will be applied for by the financial advisor to the County, but the County will assume no obligation for the assignment or printing of such numbers on the Bonds or for the correctness of such numbers, and neither the failure to print such numbers on any of the Bonds nor any error with respect thereto shall constitute cause for failure or refusal by the successful bidder for the Bonds to accept delivery or make payment for the Bonds. Official Statement Within seven business days after the award of the Bonds to the successful bidder therefor on the Bid Date, the County will authorize its Official Statement, which is expected to be substantially in the form of the Preliminary Official Statement referred to below. The Preliminary Official Statement has been deemed final by the County for the purpose of Rule 15c2-12 of the Securities and Exchange Commission, subject to revision, amendment and completion in a final Official Statement. The County will also issue any amendment or supplement to the Official Statement that may be necessary between the date of the Official Statement and the date of delivery of the Bonds. If requested and furnished to the County in writing by the successful bidder at or before the close of business on the Bid Date, the County will include in the Official Statement such pricing and other information relating to the reoffering of the Bonds, if any, as may be so furnished. If the successful bidder for the Bonds furnishes no such information, the Official Statement will include the interest rates on the Bonds resulting from the bid of the successful bidder and the other statements with respect to reoffering contained in the Preliminary Official Statement. Whether or not any such information is included in the Official Statement, the successful bidder for the Bonds shall be responsible to the County and its officials in all respects for the accuracy, fairness and completeness of such information, and for all decisions made with respect to the use or omission of such information in any reoffering of the Bonds, including the presentation or exclusion of any such information in any documents, including the Official Statement. Within seven business days after the award of the Bonds, the successful bidder will also be furnished, without cost, with a reasonable number of copies of the Official Statement. The successful bidder will also be furnished with any amendment or supplement to the Official Statement, without cost, except to the extent any such amendment or supplement is required due to a change in the reoffering information or other information provided by or on behalf of the successful bidder. Continuing Disclosure In order to assist the successful bidder in complying with Securities and Exchange Commission Rule 15c2- 12(b)(5), the County will undertake, pursuant to a continuing disclosure agreement, to provide certain information annually and notices of the occurrence of certain events. The substantially final form of Continuing Disclosure Agreement is included in the Preliminary Official Statement as Appendix D. Delivery of the Bonds Delivery of the Bonds will be made to the successful bidder through the facilities of DTC on or about June 12, 2024. Payment for the Bonds shall be made in immediately available funds. WASHINGTON COUNTY, MARYLAND C-9 The Bonds will be accompanied by the customary closing documents, including a no litigation certificate, effective as of the date of delivery, stating that there is no litigation pending affecting the validity of the Bonds. It shall be a condition to the obligation of the successful bidder for the Bonds to accept delivery of and pay for the Bonds that, simultaneously with or before delivery and payment for the Bonds, the successful bidder shall be furnished a certificate of the President of the Board and the CFO to the effect that, to the best of their knowledge and belief, the Official Statement (and any amendment or supplement thereto) (except for the reoffering information and except as to information regarding DTC and DTC’s book-entry system provided by DTC, as to which no view will be expressed) as of the Bid Date and as of the date of delivery of the Bonds does not contain any untrue statement of a material fact and does not omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading and that between the Bid Date and the date of delivery of the Bonds there has been no material adverse change in the financial position or revenues of the County, except as reflected or contemplated in the Official Statement. Amendment and Postponement The County reserves the right to modify or amend this Notice of Sale prior to the Bid Date including, but not limited to, adjusting and changing the Preliminary Amounts for the Bonds, determining not to issue the Bonds for refunding purposes, determining not to issue the Bonds at all, and/or changing the bid specifications for the Bonds; however, such modifications or amendments shall be made not later than 9:30 a.m. Eastern Time on the Bid Date and communicated through Parity or TM3. The County reserves the right to postpone, from time to time, the date established for the receipt of bids. Any such postponement will be communicated through Parity or TM3. If any date fixed for the receipt of bids and the sale of the Bonds is postponed, any rescheduled Bid Date will be announced via Parity or TM3 at least 24 hours prior to such alternative Bid Date. In addition, the County reserves the right, on the date established for the receipt of bids, to reject all bids for the Bonds and to then or later establish a subsequent date on which bids for the Bonds will again be received. If all bids for the Bonds are rejected and a subsequent date for receipt of bids established, notice of the subsequent Bid Date will be announced via Parity or TM3 at least 24 hours prior to such subsequent Bid Date. On any such rescheduled or subsequent Bid Date, any bidder may submit a bid for the purchase of the Bonds in conformity in all respects with this official Notice of Sale except for the Bid Date and except for the changes announced by Parity or TM3. Any bid submitted shall be made in accordance with this Notice of Sale, including any modifications, amendments or changes communicated via Parity or TM3 in accordance with the provisions of this Notice of Sale. Additional Information The Preliminary Official Statement relating to the Bonds, together with the official Notice of Sale, may be obtained by contacting Davenport & Company, LLC., The Oxford Building, 8600 LaSalle Road, Suite 618, Towson, Maryland 21286, or by telephone, (410) 296-9426 or by facsimile transmission, (866) 932-6660, or by email, sostazeski@investdavenport.com, the financial advisor to the County. The Preliminary Official Statement and the official Notice of Sale will also be made available via www.i-dealprospectus.com. COUNTY COMMISSIONERS OF WASHINGTON COUNTY By: /s/ John F. Barr, President Board of County Commissioners of Washington County WASHINGTON COUNTY, MARYLAND C-10 Exhibit 1 to Appendix C (Notice of Sale) FORM OF ISSUE PRICE CERTIFICATE FOR QUALIFIED COMPETITIVE BID $_______________ COUNTY COMMISSIONERS OF WASHINGTON COUNTY PUBLIC IMPROVEMENT AND REFUNDING BONDS OF 2024 ISSUE PRICE CERTIFICATE (Qualified Competitive Bid) _________________, 2024 The undersigned, on behalf of [WINNING BIDDER] (the “Purchaser”), hereby certifies as set forth below with respect to the sale and issuance of the above-captioned obligations (the “Bonds”) to be issued by County Commissioners of Washington County (the “Issuer”). Certain capitalized terms used in this certificate are defined in paragraph 2 below. 1. Reasonably Expected Initial Offering Price. (a) As of the Sale Date, the reasonably expected initial offering prices of the Bonds to the Public by the Purchaser are the prices listed in Schedule A hereto (the “Expected Offering Prices”). The Expected Offering Prices are the prices for the Maturities of the Bonds used by the Purchaser in formulating its bid to purchase the Bonds. Attached hereto as Schedule B is a true and correct copy of the bid provided by the Purchaser to purchase the Bonds. (b) The Purchaser was not given the opportunity to review other bids prior to submitting its bid. (c) The bid submitted by the Purchaser constituted a firm offer to purchase the Bonds. (d) The Purchaser has an established industry reputation for underwriting new issuances of municipal bonds. 2. Defined Terms. “Maturity” means Bonds with the same credit and payment terms. Bonds with different maturity dates are treated as separate Maturities. “Public” means any person (including an individual, trust, estate, partnership, association, company, or corporation) other than an Underwriter or related party to an Underwriter. The term “related party” for purposes of this certificate generally means any two or more persons who have greater than 50 percent common ownership, directly or indirectly. “Sale Date” means the first day on which there is a binding contract in writing for the sale of the Bonds. The Sale Date of the Bonds is [SALE DATE TO BE INSERTED]. “Underwriter” means (i) any person that agrees pursuant to a written contract with the Issuer (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the Public, and (ii) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (i) of this definition to participate in the initial sale of the Bonds to the Public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the Public). WASHINGTON COUNTY, MARYLAND C-11 The undersigned understands that the foregoing information will be relied upon by the Issuer with respect to certain of the representations set forth in the Tax Certificate and Compliance Agreement of the Issuer and with respect to compliance with the federal income tax rules affecting the Bonds, and by Funk & Bolton, P.A., bond counsel to the Issuer, in rendering its opinion that the interest on the Bonds is excludable from gross income for federal income tax purposes, the preparation of Internal Revenue Service Form 8038-G, and other federal income tax advice bond counsel may give to the Issuer from time to time relating to the Bonds. _______________________________, as Purchaser By:____________________________________________ Name: Title: (Authorized Signatory) WASHINGTON COUNTY, MARYLAND C-12 SCHEDULE A EXPECTED OFFERING PRICES [To be Attached] WASHINGTON COUNTY, MARYLAND C-13 SCHEDULE B COPY OF PURCHASER’S BID [To be Attached] WASHINGTON COUNTY, MARYLAND C-14 Exhibit 2 to Appendix C (Notice of Sale) FORM OF ISSUE PRICE CERTIFICATE FOR NONQUALIFIED COMPETITIVE BID $_______________ COUNTY COMMISSIONERS OF WASHINGTON COUNTY PUBLIC IMPROVEMENT AND REFUNDING BONDS OF 2024 ISSUE PRICE CERTIFICATE (Nonqualified Competitive Bid) _______________, 2024 The undersigned, on behalf of [NAME OF THE WINNING BIDDER] (the “[SHORT FORM NAME OF WINNING BIDDER]”), [on behalf of itself and [NAMES OF MEMBERS OF THE UNDERWRITING SYNDICATE] (together, the “Underwriting Syndicate”)] hereby certifies as set forth below with respect to the sale and issuance of the above-captioned obligations (the “Bonds”) to be issued by County Commissioners of Washington County (the “Issuer”). Certain capitalized terms used in this certificate are de fined in paragraph 3 below. 1. Sale of the General Rule Maturities. As of the date of this certificate, for each Maturity of the General Rule Maturities, the first price at which at least 10% of such Maturity was sold by [SHORT FORM NAME OF WINNING BIDDER][the Underwriting Syndicate] to the Public is the respective pri ce listed in Schedule A. 2. Initial Offering Price of the Hold-the-Offering-Price Maturities. (a) The [SHORT FORM NAME OF WINNING BIDDER][Underwriting Syndicate] offered the Hold - the-Offering-Price Maturities to the Public for purchase at the respective initial offering prices listed in Schedule A (the “Initial Offering Prices”) on or before the Sale Date. A copy of the pricing wire or equivalent communication for the Bonds is attached to this certificate as Schedule B. (b) As set forth in the Notice of Sale and bid award, [the SHORT FORM NAME OF WINNING BIDDER][the members of the Underwriting Syndicate] [has][have] agreed in writing that (i) for each Maturity of the Hold-the-Offering-Price Maturities, [it][they] would neither offer nor sell any of the Bonds of such Maturity to any person at a price that is higher than the Initial Offering Price for such Maturity during the Holding Period for such Maturity (the “hold-the-offering-price rule”), and (ii) any selling group agreement shall contain the agreement of each dealer that is a member of the selling group, and any retail distribution agreement shall contain the agreement of each broker-dealer that is a party to the retail distribution agreement, to comply with the hold -the-offering-price rule. Pursuant to such agreement, no Underwriter (as defined below) has offered or sold any Maturity of the Hold -the- Offering-Price Maturities at a price that is higher than the Initial Offering Price for that Maturity of the Bonds dur ing the Holding Period. (c) The [SHORT FORM NAME OF WINNING BIDDER has][the members of the Underwriting Syndicate have] an established industry reputation for underwriting new issuances of municipal bonds. 3. Defined Terms. “General Rule Maturities” means those Maturities of the Bonds listed on Schedule A hereto as the “General Rule Maturities”. “Hold-the-Offering-Price Maturities” means those Maturities of the Bonds listed in Schedule A hereto as the “Hold-the-Offering-Price Maturities”. WASHINGTON COUNTY, MARYLAND C-15 “Holding Period” means, with respect to each Hold-the-Offering-Price Maturity, the period starting on the Sale Date and ending on the earlier of (i) the close of the fifth (5) business day after the Sale Date, or (ii) the date of which the [SHORT FORM NAME OF WINNING BIDDER][Underwriting Syndicate] [has][have] sold at least 10% of such Hold-the-Offering-Price Maturity to the Public at prices that are no higher than the Initial Offering Price for such Hold-the-Offering Price Maturity. “Maturity” means Bonds with the same credit and payment terms. Bonds with different maturity dates are treated as separate Maturities. “Public” means any person (including an individual, trust, estate, partnership, association, company, or corporation) other than an Underwriter or related party to an Underwriter. The term “related party” for purposes of this certificate generally means any two or more persons who have greater than 50 percent common ownership, directly or indirectly. “Sale Date” means the first day on which there is a binding contract in writing for the sale of the Bonds. The Sale Date of the Bonds is [SALE DATE TO BE INSERTED]. “Underwriter” means (i) any person that agrees pursuant to a written contract with the Issuer (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the Public, and (ii) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (i) of this definition to participate in the initial sale of the Bonds to the Public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the Public). The undersigned understands that the foregoing information will be relied upon by the Issuer with respect to certain of the representations set forth in the Tax Certificate and Compliance Agreement of the Issuer and with respect to compliance with the federal income tax rules affecting the Bonds, and by Funk & Bolton, P.A., bond counsel to the Issuer, in rendering its opinion that the interest on the Bonds is excludable from gross income for federal income tax purposes, the preparation of Internal Revenue Service Form 8038-G, and other federal income tax advice bond counsel may give to the Issuer from time to time relating to the Bonds. [NAME OF WINNING BIDDER] [, as Representative of the Underwriting Syndicate] By:____________________________________________ Name: Title: (Authorized Signatory) WASHINGTON COUNTY, MARYLAND C-16 SCHEDULE A SALE PRICES OF THE GENERAL RULE MATURITIES [To be Inserted or Attached] INITIAL OFFERING PRICES OF THE HOLD-THE-OFFERING-PRICE MATURITIES [To be Inserted or Attached] WASHINGTON COUNTY, MARYLAND C-17 SCHEDULE B PRICING WIRE OR EQUIVALENT COMMUNICATION [To be Attached] WASHINGTON COUNTY, MARYLAND D-1 APPENDIX D PROPOSED FORM OF CONTINUING DISCLOSURE AGREEMENT $_____________ COUNTY COMMISSIONERS OF WASHINGTON COUNTY PUBLIC IMPROVEMENT AND REFUNDING BONDS OF 2024 CONTINUING DISCLOSURE AGREEMENT [TO BE DATED THE DATE OF ISSUANCE] This Continuing Disclosure Agreement (this “Disclosure Agreement”) is executed and delivered by COUNTY COMMISSIONERS OF WASHINGTON COUNTY (the “Issuer”) in connection with the issuance of its $____________ Public Improvement and Refunding Bonds of 2024 (the “Bonds”). The Bonds are being issued pursuant to Resolution No. RS-2024-____ adopted on _____, 2024. The Issuer covenants and agrees as follows: SECTION 1. Purpose of the Disclosure Agreement. This Disclosure Agreement is being executed and delivered by the Issuer for the benefit of the owners and beneficial owners of the Bonds and in order to assist the Participating Underwriters in complying with Securities and Exchange Commission Rule 15c2 -12(b)(5). The Issuer’s obligations hereunder shall be limited to those required by written undertaking pursuant to the Rule. SECTION 2. Definitions. In addition to the definitions set forth above, which apply to any capitalized term used in this Disclosure Agreement unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: “Listed Events” shall mean any of the events listed in Section 4(a) of this Disclosure Agreement. “MSRB” shall mean the Municipal Securities Rulemaking Board. To the extent the Rule is amended to refer to any additional or different repositories, references in this Disclosure Agreement to the MSRB shall be deemed to such additional or different repositories to the extent required by the Rule. As of the date of execution and delivery of this Disclosure Agreement, any of the notices or materials required by this Disclosure Agreement to be filed with the MSRB shall be filed with the Electronic Municipal Market Access system maintained by the MSRB at https://www.emma.msrb.org in accordance with the Rule. “Official Statement” shall mean the Official Statement dated May __, 2024 relating to the Bonds. “Participating Underwriter” shall mean any of the original underwriters of the Bonds required to comply with the Rule in connection with offering of the Bonds. “Rule” shall mean Rule 15c2-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time. SECTION 3. Provision of Annual Financial Information, Operating Data and Audited Information. (a) The Issuer shall provide to the MSRB annual financial information and operating data generally consistent with the information contained in the charts or tables under the headings “General Fund Revenues and Expenditures”, “General Fund Balance Sheet” and “General Obligation and Revenue Bonds” in the Official Statement, such information to be made available within 240 days after the end of the Issuer’s fiscal year, updated with respect to the recently ended fiscal year, commencing with the fiscal year ending June 30, 2024. Any of such financial D-2 WASHINGTON COUNTY, MARYLAND information or operating data required by this subsection (a) may be set forth in the Issuer’s audited financial statements, including in the notes to, or any supplementary or additional information provided with, such audited financial statements. To the extent such financial information or operating data is provided in or with the Issuer’s audited financial statements, including in the notes to, or any supplementary or additional information provided with, such audited financial statements, such provided financial information or operating data may not be in the same format as the applicable charts or tables set forth in the Official Statement and/or may contain details that were not included in the charts or tables referenced above that were included in the Official Statement. (b) The Issuer shall provide to the MSRB annual audited financial statements for the Issuer, such information to be made available within 240 days after the end of the Issuer’s fiscal year, commencing with the fiscal year ending June 30, 2024, unless the audited financial statements are not available on or before such date, in which event said financial statements will be provided promptly when and if available. (c) The presentation of the financial information referred to in paragraph (a) and in paragraph (b) shall be made in accordance with the same accounting principles as utilized in connection with the presentation of applicable comparable financial information included in the Official Statement, provided, that the Issuer may modify the accounting principles utilized in the presentation of financial information by amending this Disclosure Agreement pursuant to the provisions of Section 7 hereof. Changes in Generally Accepted Accounting Principles, where applicable to financial information to be provided by the Issuer, shall not require the Issuer to amend this Disclosure Agreement. (d) If the Issuer is unable to provide the annual financial information and operating data within the applicable time periods specified in (a) and (b) above, the Issuer shall send in a timely manner a notice of such failure to the MSRB. (e) If the Issuer changes its fiscal year, it will notify the MSRB of the change (and of the date of the new fiscal year end) prior to the next date by which the Issuer would otherwise be required to provide financial information and operating data pursuant to this Section 3. (f) The financial information and operating data to be provided pursuant to this Section 3 may be set forth in full in one or more documents or may be incorporated by specific reference to documents available to the public on the MSRB’s Internet Website or filed with the Securities and Exchange Commission. (g) All information provided to the MSRB pursuant to subsections (a), (b) or (d) of this Section 3 shall be in an electronic format or such other format as prescribed by the MSRB. SECTION 4. Reporting of Listed Events. (a) This Section 4 shall govern the giving of notices of the occurrence of any of the following Listed Events with respect to the Bonds: i) principal and interest payment delinquencies; ii) non-payment related defaults, if material; iii) unscheduled draws on debt service reserves reflecting financial difficulties; iv) unscheduled draws on credit enhancements reflecting financial difficulties; v) substitution of credit or liquidity providers, or their failure to perform; vi) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701 -TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax- exempt status of the Bonds; vii) modifications to rights of Bond holders, if material; viii) Bond calls, if material, and tender offers; ix) defeasances; x) release, substitution, or sale of property securing repayment of the Bonds, if material; WASHINGTON COUNTY, MARYLAND D-3 xi) rating changes; xii) bankruptcy, insolvency, receivership or similar event of the Issuer; xiii) the consummation of a merger, consolidation, or acquisition involving the Issuer or the sale of all or substantially all of the assets of the Issuer, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; xiv) appointment of a successor or additional trustee or the change of name of a trustee, if material ; xv) incurrence of a financial obligation of the Issuer, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the Issuer, any of which affect security holders, if material; and xvi) default, event of acceleration, termination event, modification of terms, or similar events under the terms of a financial obligation of the Issuer, any of which reflect financial difficulties. For the purpose of the event identified in clause (xii) of this Section 4(a), the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for the Issuer in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the Issuer, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the Issuer. For purposes of the events identified in clauses (xv) and (xvi) of this Section 4(a), the term “financial obligation” means a (i) debt obligation; (ii) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (iii) guarantee of (i) or (ii). The term “financial obligation” shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with the Rule. (b) Notice of any of the Listed Events identified in Section 4(a) shall be given to the MSRB in a timely manner not in excess of ten (10) business days after the occurrence of the event. (c) All information provided to the MSRB pursuant to this Section 4 shall be in an electronic format or such other format as prescribed by the MSRB. SECTION 5. Termination of Reporting Obligations. The Issuer’s obligations under this Disclosure Agreement shall terminate upon the payment in full of all of the Bonds either at their maturity or by early redemption. In addition, the Issuer may terminate its obligations under this Disclosure Agreement if and when the Issuer no longer remains an obligated person with respect to the Bonds within the meaning of the Rule. SECTION 6. Dissemination Agent. The Issuer may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Agreement, and may discharge any such Dissemination Agent, with or without appointing a successor Dissemination Agent. SECTION 7. Amendment; Waiver. Notwithstanding any other provision of this Disclosure Agreement, the Issuer may amend this Disclosure Agreement, and any provision of this Disclosure Agreement may be waived, if such amendment or waiver is supported by an opinion of counsel, expert in federal securities laws, to the effect that such amendment or waiver would not, in and of itself, cause the undertakings herein to violate the Rule if such amendment or waiver had been effective on the date hereof but taking into account any subsequent change in or official interpretation of the Rule. To the extent applicable, the reasons for any amendment and the impact of the change in the type of operating data or financial information being provided will be explained in information provided with the annual financial information containing the amended operating data or financi al information. SECTION 8. Additional Information. Nothing in this Disclosure Agreement shall be deemed to prevent the Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Agreement or any other means of communication, or including any other information in any disclosure made pursuant to Section 3(a) or (b) hereof or notice of occurrence of a Listed Event in addition to that which is required by this D-4 WASHINGTON COUNTY, MARYLAND Disclosure Agreement. If the Issuer chooses to include any information in any disclosure made pursuant to Section 3(a) or (b) hereof or notice of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Agreement, the Issuer shall have no obligation under this Disclosure Agreement to update such information or include it in any future disclosure made pursuant to Section 3(a) or (b) hereof or notice of occurrence of a Listed Event. SECTION 9. Limitation of Remedies. The Issuer shall be given written notice at the address set forth below of any claimed failure by the Issuer to perform its obligations under this Disclosure Agreement, and the Issuer shall be given 15 days to remedy any such claimed failure. Any suit or other proceeding seeking further redress with regard to any such claimed failure by the Issuer shall be limited to specific performance as the adequate and exclusive remedy available in connection with such action. Written notice to the Issuer shall be given to the Chief Financial Officer, Washington County Administration Building, Room 3100, 100 W. Washington Street, Hagerstown, MD 21740, or at such alternate address as shall be specified by the Issuer with disclosures made pursuant to Section 3(a) or (b) hereof or a notice of occurrence of a Listed Event. SECTION 10. Relationship to Bonds. This Disclosure Agreement constitutes an undertaking by the Issuer that is independent of the Issuer’s obligations with respect to the Bonds; any breach or default by the Issuer under this Disclosure Agreement shall not constitute or give rise to a breach or default under the Bonds. SECTION 11. Law of Maryland. This Disclosure Agreement, and any claim made with respect to the performance by the Issuer of its obligations hereunder, shall be governed by, subject to, and construed according to the laws of the State of Maryland. SECTION 12. Limitation of Forum. Any suit or other proceeding seeking redress with regard to any claimed failure by the Issuer to perform its obligations under this Disclosure Agreement must be filed in the Circuit Court for Washington County, Maryland. SECTION 13. Beneficiaries. This Disclosure Agreement shall inure solely to the benefit of the owners, including beneficial owners, from time to time of the Bonds, and shall create no rights in any other person or entity. SECTION 14. Compliance with MSRB Requirements. All documents provided to the MSRB pursuant to this Disclosure Agreement and the Rule shall be accompanied by identifying information as prescribed by the MSRB. This Disclosure Agreement is dated as of the date set forth above. (SEAL) ATTEST: COUNTY COMMISSIONERS OF WASHINGTON COUNTY ______________________________ By:_______________________________________ Dawn L. Marcus, County Clerk John F. Barr, President Board of County Commissioners of Washington County Open Session Item SUBJECT: Preservation Month (May 2024) PRESENTATION DATE: May 7, 2024 PRESENTATION BY: Board of County Commissioners RECOMMENDED MOTION: N/A REPORT-IN-BRIEF: Proclamation Presentation WHEREAS, historic preservation is an effective tool for managing growth and sustainable development, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability; and WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of heritage that has shaped us as a people; and WHEREAS, the sharing of knowledge between historic trades persons, historians, museums and citizens is essential for the appreciation and continued existence of historic resources; and WHEREAS , Historic Preservation is supported by the Washington County Historic District Commission, Washington County Historical Advisory Committee, and many other State and local preservation efforts. THEREFORE, We, the Board of County Commissioners of Washington County, Maryland, hereby proclaim the month of May 2024, as “Preservation Month” in Washington County and urge all citizens to join their fellow citizens across the United States in recognizing and participating in this special observance. Board of County Commissioners of Washington County, Maryland Agenda Report Form Open Session Item SUBJECT: Sunny Land Corporation Rural Legacy Program (RLP) Easement PRESENTATION DATE: PRESENTATION BY: Chris Boggs, Rural Preservation Administrator, Dept. of Planning & Zoning RECOMMENDED MOTION: Move to approve the Sunny Land Corporation RLP Easement project, in the amount of $831,438.86 for 202.13249 easement acres, paid for 100% by the Maryland Department of Natural Resources, and to adopt an ordinance approving the easement purchase and to authorize the execution of the necessary documentation to finalize the easement purchase. REPORT-IN-BRIEF: The Sunny Land Corporation property is located at Dam 4 Rd., Williamsport, and the easement will serve to permanently preserve a valuable agricultural, scenic and environmental property in the County. The parcel is mostly woods with some agricultural areas. It lies in a part of Washington County that was heavily trafficked during the Civil War and the Battle of Antietam and is adjacent to a stone farmstead, a 19th Century farmstead, and the Dr. William H. Grimes House, all on the Maryland Inventory of Historic Places. Additionally, the property is within close proximity to the C&O Canal and Potomac River, buffering approximately 3900 linear feet of those waterways. The parcel adds on to a block of thousands of acres of contiguous preserved farmland near Antietam Battlefield and Williamsport. Eight (8) development rights will be extinguished with this easement. DISCUSSION: Since 1998, Washington County has been awarded more than $31 million to purchase Rural Legacy easements on more than 8,700 acres near Antietam Battlefield in the Rural Legacy Area. RLP is a sister program to the Maryland Agricultural Land Preservation Program (MALPP) and includes the protection of environmental and historic features in addition to agricultural parameters. RLP uses an easement valuation system (points) to establish easement value rather than appraisals used by MALPP. For FY 2024, Washington County was awarded RLP grants totaling $3,127,000. The Sunny Land Corporation RLP Easement will use part of those funds. Easement applicants were previously ranked based on four main categories: the number of development rights available, the quality of the land/land management (agricultural component), natural resources (environmental), and the historic value. FISCAL IMPACT: RLP funds are 100% State dollars, mainly from DNR Open Space funds. In addition to the easement funds, we receive up to 3% of the easement value for administrative costs, a mandatory 1.5% for compliance/monitoring costs, and funds to cover all of our legal/settlement costs. CONCURRENCES: Both the State RLP Board and the State Department of Natural Resources (DNR) staff have approved and support our program. ALTERNATIVES: If Washington County rejects State funds for RLP, the funds will be allocated to other counties in Maryland. ATTACHMENTS: Aerial Map, Location Map, Ordinance AUDIO/VISUAL NEEDS: N/A Board of County Commissioners of Washington County, Maryland Agenda Report Form Washington County JA G i Sunny Land Corp - Detail Map VIA r, A, "t Sunny Land Corp - 180-42 +/ E/S Dam 4 Road Williamsport, MD 21795 Roads Sunny Land Corp Property Streams t IP ti C— BV Dep-- of PlanninE-2 ... g GIS s Williamsport, Sunny Land Corp Property W4RNINGr. inu map wu cna4tl br �IlurtUoon puryoaes en1V. N Wultl not be x>letl er <Dpied. Soorcn el the esU mnlainad ne•eon are Imm varoua DublK a�entrn wbKb may nave vae rtrtrlNona arb Nxlaimers. CreaQtl By Oepartmenx of PlanninE and Zonms GIS 5 ORDINANCE NO. ORD‐2024‐ AN ORDINANCE TO APPROVE THE PURCHASE OF A CONSERVATION EASEMENT UNDER THE MARYLAND RURAL LEGACY PROGRAM (Re: Sunny Land Corporation RLP Conservation Easement) RECITALS 1. The Maryland Rural Legacy Program (ʺRLPʺ) provides the funding necessary to protect large, contiguous tracts of land and other strategic areas from sprawl development and to enhance natural resource, agricultural, forestry, and environmental protection through cooperative efforts among State and local governments. 2. Protection is provided through the acquisition of easements and fee estates from willing landowners and the supporting activities of Rural Legacy Sponsors and local governments. 3. For FY 2024, Washington County (the ʺCountyʺ) was awarded a RLP grant totaling $3,127,000.00 (the ʺRLP Fundsʺ). 4. Sunny Land Corporation, (the ʺProperty Ownerʺ) is the fee simple owner of real property consisting of 202.13249 acres, more or less (the ʺPropertyʺ), in Washington County, Maryland. The Property is more particularly described on Exhibit A attached hereto. 5. The County has agreed to pay the sum of approximately EIGHT HUNDRED THIRTY‐ONE THOUSAND FOUR HUNDRED THIRTY‐EIGHT DOLLARS AND EIGHTY‐SIX CENTS ($831,438.86), which is a portion of the RLP Funds, to the Property Owner for a Deed of Conservation Easement on the Property (the “Sunny Land Corporation RLP Conservation Easement”). THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Washington County, Maryland, that the purchase of a conservation easement on the Property be approved and that the President of the Board and the County Attorney be and are hereby authorized and directed to execute and attest, respectively, all such documents for and on behalf of the County relating to the purchase of the Sunny Land Corporation RLP Conservation Easement. ADOPTED this 7th day of May, 2024. ATTEST: BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND _______________________________ BY: Dawn L. Marcus, County Clerk John F. Barr, President Approved as to legal sufficiency: Mail to: _____________________________ Office of the County Attorney Rosalinda Pascual 100 W. Washington Street, Suite 1101 Assistant County Attorney Hagerstown, Maryland 21740 EXHIBIT A ‐ DESCRIPTION OF PROPERTY ALL that lot or parcel of land, and all the rights, ways, privileges, and appurtenances thereunto belonging on in anywise appertaining, being more particularly described in accordance with the last full property description of record contained in the Deed recorded in Liber 148, Folio 417 among the Land Records of Washington County, Maryland, as follows: ALL the following described tract of land situate in Downsville Election District No. 20, Washington County, Maryland, being part of tracts called “Friendship”, “Mine Bank”, and “Woodburn”, ally lying adjacent bordering on the road leading from Downsville to DAM NO. 4, and on the Chesapeake and Ohio Canal, and being more particularly described as follows: BEGINNING at a stone standing against the East Gate post on the East side of the road leading to the dwelling house on the land herein conveyed, said stone standing at the end of 202¼ perches in the 3rd line of a Deed from Caroline E. Shoman and William H. Armstrong, Trustees, to Anna S. Armstrong and Horra D. Showman, dated April 18, 1905, and recorded in Liber 121, Folio 694 among the aforesaid Land Records, and running thence along the East side of the road North 10½ degrees East 21½ perches to a stone; North 23½ degrees West 11½ perches to a stone; thence leaving the road or land North 80 degrees West 78¾ perches to the middle of the public road leading from Downsville to Dam No. 4, and to intersect the 16th line of the aforesaid Deed and with it reversed South 10¼ degrees West 30 perches; then reversing the 15th, 14th, 13th, 12th, 11th, 10th, 9th, and 8th lines of the aforesaid Deed South 13½ degrees West 8.8 perches to a stone; South 4 degrees East 36¼ perches; South 21 degrees West 28 perches; South 16 degrees West 15 perches to a stone; South 10 degrees. West 7¼ perches to a stone; then through the middle of the watering places South 16 degrees West 8 perches to a stone in the middle of Bull Hollow; then along the Chesapeake and Ohio Canal South 41½ degrees East 31 perches; South 74 degrees East 11 perches to a point, said point being also at the end of the 7th line of the aforesaid Deed and at the end of the 5th or South 24 foot line in a Deed from William H. Armstrong and Caroline E. Showman, Trustees, to Honora D. Showman, dated May 3, 1906, and recorded in Liber 124, Folio 49 [among the aforesaid Land Records]; and running thence with the 6th, 7th, 8th, 9th, 10th, 11th, 12th, and 13th lines of said Deed and also the line of the said Chesapeake and Ohio Canal South 66½ degrees East 12¼ perches; South 57 degrees East 24.4 perches; South 67¾ degrees East 39.8 perches; South 76 degrees East 30.6 perches; South 78¼ degrees East 24.8 perches; South 83¼ degrees 34.8 perches; South 80½ degrees East 27.6 perches; South 79¾ degrees East 12½ perches; thence leaving the Canal with the 14th line of the aforesaid Deed North 123 perches to a stone marked K.B. being the point of beginning of the description contained in the aforesaid Deed, which said stone is also on the 2nd line of a Deed from Caroline E. Showman, et al, Executors to Honora D. Showman, dated May 3, 1906, and recorded in Liber 124, Folio 48; and running thence with said 2nd line of said last mentioned Deed North 89 degrees East 64 perches; thence with the 3rd, 4th, and 5th lines of said last mentioned Deed North 24½ degrees East 7 perches; North 21 degrees East 8½ perches; North 1 degree East 23 perches; thence with the 6th line of the said last mentioned Deed South 89¼ degrees West 202¼ perches to the point of beginning; containing 213¾ acres of land, more or less. TOGETHER WITH a right of way over the road leading from the land herein conveyed over the land owned by [now or formerly] Honora D. Showman and Anna S. Armstrong to the public road leading from Downsville to Dam No. 4. SAVING AND EXCEPTING THEREFROM that parcel containing 31.33 acres of land, more or less, conveyed rom Sunny Land Corporation to the United States of America, by Deed dated June 9, 1976, and recorded in Liber 624, Folio 401 among the Land Records of Washington County, Maryland. BEING PART OF (the remaining lands) the property conveyed from Samuel B. Burger to Sunny Land Corporation, a Maryland corporation, by Deed dated November 20, 1970, and recorded in Liber 514, Folio 586 among the Land Records of Washington County, Maryland. AND SAID PROPERTY is depicted on the Plat entitled “Rural Legacy Easement Survey Lands of Sunny Land Corporation” recorded at Miscellaneous Plat Folio 1028 among the Plat Records of Washington County, Maryland. Open Session Item SUBJECT: Izer Rural Legacy Program (RLP) Easement PRESENTATION DATE: May 7, 2024 PRESENTATION BY: Chris Boggs, Rural Preservation Administrator, Dept. of Planning & Zoning RECOMMENDED MOTION: Move to approve the Jean E. Izer Revocable Living Trust RLP Easement project, in the amount of $500,544.00 for 118.78 easement acres, paid for 100% by the Maryland Department of Natural Resources, and to adopt an ordinance approving the easement purchase and to authorize the execution of the necessary documentation to finalize the easement purchase. REPORT-IN-BRIEF: The Izer property is located at 16152 Natural Well Rd., Williamsport, and the easement will serve to permanently preserve a valuable agricultural, historic, scenic and environmental property in the County. The parcel is mostly pastureland and cropland with some wooded areas. It lies in a part of Washington County that was heavily trafficked during the Civil War and the Battle of Antietam, sits along the historic Natural Well Road and is the site of a stone farmhouse listed on the Maryland Inventory of Historic Places. Additionally, the property serves to buffer approximately 1300 linear feet of a small tributary to the Potomac River. The parcel adds on to a block of thousands of acres of contiguous preserved farmland near Antietam Battlefield and Williamsport. Six (6) development rights will be extinguished with this easement. DISCUSSION: Since 1998, Washington County has been awarded more than $31 million to purchase Rural Legacy easements on more than 8,700 acres near Antietam Battlefield in the Rural Legacy Area. RLP is a sister program to the Maryland Agricultural Land Preservation Program (MALPP) and includes the protection of environmental and historic features in addition to agricultural parameters. RLP uses an easement valuation system (points) to establish easement value rather than appraisals used by MALPP. For FY 2024, Washington County was awarded RLP grants totaling $3,127,000. The Izer RLP Easement will use part of those funds. Easement applicants were previously ranked based on four main categories: the number of development rights available, the quality of the land/land management (agricultural component), natural resources (environmental), and the historic value. FISCAL IMPACT: RLP funds are 100% State dollars, mainly from DNR Open Space funds. In addition to the easement funds, we receive up to 3% of the easement value for administrative costs, a mandatory 1.5% for compliance/monitoring costs, and funds to cover all of our legal/settlement costs. CONCURRENCES: Both the State RLP Board and the State Department of Natural Resources (DNR) staff have approved and support our program. ALTERNATIVES: If Washington County rejects State funds for RLP, the funds will be allocated to other counties in Maryland. ATTACHMENTS: Aerial Map, Location Map, Ordinance AUDIO/VISUAL NEEDS: N/A Board of County Commissioners of Washington County, Maryland Agenda Report Form Washington CountyIzer - Detail Map E,- _ ,� -- as �,- • if r r Y. r ' Sunny Land Corp - 180.42 +/ n E/S Dam 4 Road Williamsport, MD 21795 Roads Q '? QSunny Land Corp Property w,eW r _ Lakes and Ponds WNPNINGr. ibu map was crt+4d for illus[nbon purposes aply It sMuld not be xaied er wplN_ Sources o11M1e data mnlainad M1erton art Imm varcNs puble apenues wlraM1 may nave use rts[r�cNons aM dlxlaimen. Creautl 6y: Gepartmens of PsanninE and 2onm6 GIS 5'. Washington- • Izer - Location Map f3GB1A 1 2 20 P3 s3 4 29 20 P.234 P259 2s 3a P.47 0. \ 31 I P.29d u 21 32 1 pY o 20P.49 ✓ a P+ae s3 P274 P46 MY P45 swr 1 19 F4 p> 34 / \nnaal Q P� 13 --�c�o�uii ery is- 2 1� PP P292 ae,Ib 22 I 292 P 53 Q�',ti�y y 7 5 0 122. p Pi �4 A P256 P2431. Q�h r ti P 185 7 P20211 Qti� P81 1 , Downsuille A 1 P.171 � A dj /vwac w F �9 P 31 P 30 P 156 P.256 11 q0 P� P155 - P 256 P.86 P 235 A 779 v e A �S9 Q,y rlrc '60 _ QRry P". Q ea oo > las n y�3s D\o DOWNSVILLE A �h 9� P.34 v177 1� P 55 P 237 P 230 \�� Izer 127.02 +/ 16152 Natural Well Road P69 �9NR Williamsport, MD 21795 — — Roads Qe /Q Sunny Land Corp Property P.57 k: P97 Ag Districts " P,23 P.107 P Preserved Lands , Q Rural Villages 21 WPRNINGr. TXn m>p wu ena4d br illurtnpen puposes en1Y. Ia iMultl not be xa4e er <opwd. Source el tXe eau mnlanad Xe•eon are Imm varous Duble a{enrrb wXCX may Rave vse rertrlmom aM Nxniman. CreaQtl 6y: Oepartmenx of PlanninE and Zones GIS 5 ORDINANCE NO. ORD-2024- AN ORDINANCE TO APPROVE THE PURCHASE OF A CONSERVATION EASEMENT UNDER THE MARYLAND RURAL LEGACY PROGRAM (Re: Jean E. Izer Revocable Living Trust RLP Conservation Easement) RECITALS 1. The Maryland Rural Legacy Program ("RLP") provides the funding necessary to protect large, contiguous tracts of land and other strategic areas from sprawl development and to enhance natural resource, agricultural, forestry, and environmental protection through cooperative efforts among State and local governments. 2. Protection is provided through the acquisition of easements and fee estates from willing landowners and the supporting activities of Rural Legacy Sponsors and local governments. 3. For FY 2024, Washington County (the "County") was awarded a RLP grant totaling $3,127,000.00 (the "RLP Funds"). 4. Sandra D. Izer, Trustee of the Jean E. Izer Revocable Living Trust, (the "Property Owner") is the fee simple owner of real property consisting of 118.78 acres, more or less (the "Property"), in Washington County, Maryland. The Property is more particularly described on Exhibit A attached hereto. 5. The County has agreed to pay the sum of approximately FIVE HUNDRED THOUSAND FIVE HUNDRED FORTY-FOUR DOLLARS AND NO CENTS ($500,544.00), which is a portion of the RLP Funds, to the Property Owner for a Deed of Conservation Easement on the Property (the “Jean E. Izer Revocable Living Trust RLP Conservation Easement”). THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Washington County, Maryland, that the purchase of a conservation easement on the Property be approved and that the President of the Board and the County Attorney be and are hereby authorized and directed to execute and attest, respectively, all such documents for and on behalf of the County relating to the purchase of the Jean E. Izer Revocable Living Trust RLP Conservation Easement. ADOPTED this ___ day of May, 2024. ATTEST: BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND _______________________________ BY: Dawn L. Marcus, County Clerk John F. Barr, President Approved as to legal sufficiency: Mail to: _____________________________ Office of the County Attorney Aaron Weiss 100 W. Washington Street, Suite 1101 Assistant County Attorney Hagerstown, Maryland 21740 EXHIBIT A - DESCRIPTION OF PROPERTY ALL those tracts or parcel of land, and all the rights, ways, privileges, and appurtenances thereunto belonging or in anywise appertaining, situate in Election District No. 20, Washington County, Maryland, being the property identified by the State Department of Assessments and Taxation as tax account no. 20-012846, and being more particularly described in accordance with the description contained in the last Deed recorded in Liber 2931, Folio 576 among the Land Records of Washington County, Maryland, as follows: [a] TRACT NO. 1: Containing forty acres, three roods and twenty perches of land, more or less, and lying on the South side of the public road leading from Downsville to Williamsport. TRACT NO. 2: Being a piece of land lying on the South side of the public road leading from Downsville to Williamsport, containing about seven acres of land. TRACT NO. 3: Being a piece of land lying on both sides of the public road leading from Downsville to Williamsport and containing fifty-two acres of land. BEING all of Parcels 2, 3, and 4 more particularly described in the Deed from Lawrence B. Izer Personal Representative of the Estate of Lewis K. Izer, to Lawrence B. Izer, dated June 11, 1974, and recorded in Liber 579, Folio 629 among the Land Records of Washington County, Maryland. BEING ALSO part of same property which was conveyed from Lawrence B. Izer to Lawrence B. Izer and Jean Elizabeth Izer, his wife, by Deed dated April 14, 1975, and recorded in Liber 593, Folio 545 among the aforesaid Land Records. [b] TRACT NO. 4: All that tract of land situate in Washington County, Maryland, being part of a tract of land called “Conococheague Manor” and BEGINNING at a stone, it being the beginning of a Deed from James Grimes and Wife to David Neikirk dated April 2, 1832, and running thence with two lines of said Deed South 71½ degrees East 166.4 perches to a stone; North 17 degrees East 81 perches to the beginning of the 2nd parcel mentioned in the aforesaid Deed; thence with the 1st, 2nd, and 3rd and part of the 4th lines of the aforesaid 2nd parcel South 71 degrees 1 perch to a stone; North 17 degrees East 90 perches into the turnpike leading from Downsville to Williamsport; thence with said turnpike North 36 degrees West 1 perch; thence leaving the said turnpike South 17 degrees West 48 perches to the angle of a stone wall, and at the end of the 1st line of a Deed from Peter Showman, Trustee, to David Neikirk dated March 31, 1948, and running thence with the 2nd and 3rd lines of said Deed North 71 degrees West 46¼ perches to a post; and South 17 degrees West 42¼ perches to a stone and to intersect the 3rd line of the 1st mentioned Deed; and with it North 71½ degrees West 123.6 perches; thence with the last or closing line of the 1st mentioned Deed South 14¼ degrees West 81.2 perches to the point of beginning; containing ninety-seven (97) acres and one hundred thirty (130) perches of land, more or less. Being the same property which was conveyed unto Lawrence B. Izer and Jean Elizabeth Izer, his wife, by Deed dated September 21, 1995, and recorded in Liber 1231, Folio 727 among the aforesaid Land Records. SAVING AND EXCEPTING THEREFROM certain fee-simple parcels of land conveyed by Lewis K. Izer and Margaret E. Izer, his wife, by Deeds dated and recorded among the aforesaid Land Records, as follows: [1] Deed to Earl Malatt, et ux, dated May 29, 1947, containing one acre of land, more or less, recorded in Liber 242, Folio 23. [2] Deed to Thomas R. Rhodes, et ux, dated May 11, 1956, containing 0.4 of an acre of land, more or less, recorded in Liber 310, Folio 579. [3] Deed to George R. Shank, et ux, dated October 29, 1956, containing .52 of an acre of land, more or less, recorded in Liber 316, Folio 607. [4] Deed to Raymond C. Cline, et ux, dated July 19, 1957, containing .47 of an acre of land, more or less, recorded in Liber 325, Folio 447. [5] Deed to Charles Wesley Palmer, et ux, dated July 21, 1960, containing .46 of an acre of land, more or less, recorded in Liber 359, Folio 468. [6] Deed to Millard Paul Householder, et ux, dated June 27, 1962, containing .46 of an acre of land, more or less, recorded in Liber 381, Folio 529. [7] Deed to Lawrence B. Izer, et ux, dated June 16, 1964, containing 5.65 acres of land, more or less, recorded in Liber 409, Folio 306. [8] Deed to Roger Eugene Reed, et ux, dated June 30, 1965, containing 29.22 acres of land, more or less, recorded in Liber 425, Folio 667. [9] Deed to Lawrence B. Izer, et ux, dated April 21, 1967, containing .57 of an acre of land, more or less, recorded in Liber 453, Folio 640. [10] Deed to Harry L. Stotler, et ux, dated September 19, 1969, containing .57 of an acre of land, more or less, recorded in Liber 495, Folio 525. [11] Deed to Lawrence B. Izer, et ux, dated December 30, 1970, containing .97 of an acre of land, more or less, recorded in Liber 517, Folio 74. [12] Deed to Lloyd F. McFadden, et ux, dated May 14, 1973, containing .57 of an acre of land, more or less, recorded in Liber 560, Folio 317. [13] Deed to Clyde I. Gaylor, et ux, dated May 14, 1973, containing .57 of an acre of land, more or less, recorded in Liber 560, Folio 349. AND FURTHER SAVING AND EXCEPTING THEREFROM certain fee-simple parcels of land conveyed by Lawrence B. Izer and Jean E. Izer, his wife, by Deeds dated and recorded among the aforesaid Land Records, as follows: [14] Deed to Larry Wayne Izer, et ux, dated October 23, 1978, containing 51,117.96 square feet of land, more or less, recorded in Liber 670, Folio 361. [15] Deed to [Dean] William Gross, et ux, dated October 23, 1978, containing 62,042.91 square feet of land, more or less, recorded in Liber 670, Folio 365. [16] Deed to Harry Richardson Poole, Jr., et ux, dated July 17, 1979, recorded in Liber 685, Folio 635, and being described as all that lot of land on Natural Well Road approximately 2500 feet from the intersection of Natural Well Road and the Downsville Pike in Washington County, Maryland, and BEGINNING at an iron pipe on the right of way line of Natural Well Road which is the Southeast corner of the Lot No. 4 on the Plat entitled “Revised Preliminary and Final Plat for Lawrence B. and Jean E. Izer” recorded at Plat Folio 967 among the Plat Records of Washington County, Maryland, being also the Southeast corner of the property conveyed by Lawrence B. Izer and Jean E. Izer, his wife, to Larry Wayne Izer and Kay Evonne Izer, his wife, by Deed dated October 23, 1978, and recorded in Liber 670, Folio 361 among the aforesaid Land Records, and running thence along said right of [way] line of Natural Well Road South 48 degrees 17 minutes 23 seconds East 150 feet to a point; thence leaving the roadway and running North 41 degrees 42 minutes 37 seconds East 270 feet to a point; thence North 48 degrees 17 minutes 23 seconds West 150 feet to the Northeast corner of the aforesaid Lot No. 4; and running thence with the Southeast boundary of said Lot No. 4 South 41 degrees 42 minutes 37 seconds West 270 feet to the point of beginning; BEING all of Lot No. 3 on the Plat entitled “Revised Preliminary and Final Plat for Lawrence B. and Jean E. Izer” recorded at Plat Folio 967 among the aforesaid Plat Records. [17] Deed to Donald W. Crawford, et ux, dated January 17, 1980, containing .57 of an acre of land, more or less, recorded in Liber 696, Folio 79. [18] Deed to Clyde I. Gaylor, et ux, dated March 1, 1983, containing .46 of an acre of land, more or less, recorded in Liber 739, Folio 1024. [19] Deed to Harry L. Stotler, et ux, dated December 16, 1993, containing 1.25 acres of land, more or less, recorded in Liber 1130, Folio 941. [20] Deed to Larry W. Izer, et ux, dated January 27, 1994, containing .63 of an acre of land, more or less, recorded in Liber 1137, Folio 668. [21] Deed to Larry W. Izer and Kay E. Izer, his wife, dated July 28, 2004, recorded in Liber 2403, Folio 743, conveying 2 tracts as more particularly described therein. BEING part of the property which was conveyed from Sandra D. Izer to Sandra D. Izer, Trustee of the Jean E. Izer Revocable Living Trust, by Deed dated February 1, 2006, and recorded in Liber 2931, Folio 576 among the Land Records of Washington County, Maryland. THE street address of the herein described property is currently known and designated as 16152 Natural Well Road, Williamsport, Maryland. AND SAID PROPERTY is depicted on the Plat entitled “Survey of Rural Legacy Easement for Jean E. Izer Revocable Trust” recorded at Miscellaneous Plat Folio 1029 among the Plat Records of Washington County, Maryland. Open Session Item SUBJECT: Bid Award Renewal (PUR-15 67) – Electronic Recycling PRESENTATION DATE: May 7, 2024 PRESENTATION BY: Brandi Naugle, CPPO, Buyer; Dave Mason, P.E., Deputy Director, Solid Waste Department RECOMMENDED MOTION: Move to renew the contract for Electronic Recycling Services at the 40 West Landfill with PC Recycler/dba Securis, of Chantilly, VA per the rates included in its letter dated April 2, 2024. Securis is requesting an approximate 2.6% increase above the current rates for the services. REPORT-IN-BRIEF: On September 13, 2022, the Board originally awarded a contract for the subject services to Securis, at the previous rates indicated below. The contract period was for a one (1) year period that commenced August 1, 2022, with an option by the County to renew for up to two (2) additional consecutive one (1) year periods, (i.e., August 1, 2022, to July 31, 2023), subject to written notice given by the County at least sixty (60) calendar days in advance of each period’s expiration date. This is the last one-year period option to renew under this contract. Materials recycled include, but not limited to, CRT screen televisions and computer monitors, laptops, flat screen televisions, stereos, printers, DVD players, VHS Players, radios, and gaming systems. The County notifies and schedule delivery of the materials with the Recycler. DISCUSSION: N/A FISCAL IMPACT: Funds in the amount of $265,849.20 are budgeted in line-item account 588040-21 -212000 for these services; includes Electronics and Mattress Recycling. Commodity Description Previous Price 2.6% Increase Renewal Price CRT/Flat (Monitors/TV’s) $0.42/lb. 0.01092 $0.43/lb. Remaining E-Waste $0.21/lb. 0.00546 $0.22/lb. Charge per trailer pick-up $530.50 13.79 $544.29 Board of County Commissioners of Washington County, Maryland Agenda Report Form CONCURRENCES: Director of Environnemental Management ALTERNATIVES: N/A ATTACHMENTS: PC Recycler / dba Securis letter dated April 2, 2024. AUDIO/VISUAL NEEDS: N/A April 2, 2024 Brandi Naugle Washington County Procurement Office 100 West Washington Street Hagerstown, MD 21740 Subject: CPI-U Adjustment for PUR-1567 Electronics Recycling Dear Brandi, I would like to take this opportunity to thank you for your continued business. I am writing to formally request the annual price increase per our contract terms. The Consumer Price Increase for the Baltimore, Columbia, Towson area was 2.6% over the last 12 months. I would like to request an increase for each line item as follows: Please let me know if there is anything additional you require to process this request. Sincerely, Jodi Pisula Municipal Contract Manager Open Session Item SUBJECT: Purchase of One (1) 2024 Ford Transit Van for the Information Systems Department PRESENTATION DATE: May 7, 2024 PRESENTATION BY: Rick F. Curry, CPPO, Director of Purchasing; David Elliott, Director of Information Systems RECOMMENDATION: Move to request Board approval for the Information Systems Department to purchase one (1) Ford Transit van from Hagerstown Ford of Hagerstown, MD in the amount of $60,215. REPORT-IN-BRIEF: The purchase of vehicles has become very time-consuming and exhausting. Prior to the pandemic there were vetted programs in place to help local governments to expedite and streamline the procurement process of purchasing vehicles; that has changed to due manufacturer’s business model of accepting vehicle orders that don’t align with our fiscal year. Information Systems has made several attempts to purchase a vehicle from various dealership inventory only to have the vehicle sold prior to requesting Board approval to purchase the vehicle. This vehicle is available and is sitting on the dealership’s car lot. DISCUSSION: NA FISCAL IMPACT: Funds are budgeted in the amount of $63,000 in the department’s Capital Improvement Plan (CIP) account VEH008. CONCURRENCES: NA ALTERNATIVES: N/A ATTACHMENTS: N/A Board of County Commissioners of Washington County, Maryland Agenda Report Form Customer Signature Date Manager Approval Date Printed by Chuck Wade at 4/24/2024 12:50:06 PM Fast & EasyFast & Easy Customer:Customer: COMMISSIONERS OF WASHINGTON C0 Address:Address: 100 WEST WASHINGTON ST City:City: HAGERSTOWN State:State: MD Zip Code:Zip Code: 21740 Driver's License:Driver's License: Phone:Phone: (240) 313-2276 Email:Email: DELLIOTT@WASHCO-MD.NET Trade Information VIN:VIN: Vehicle of Interest Stock #:Stock #: 57235 Make:Make: FORD Model:Model: TRANST VIN:VIN: 1FTBF4U87RKA44884 Color:Color: YZ OXFORD WHITE Make:Make:Model:Model: Year:Year:Mileage:Mileage: Year:Year: 2024 Mileage:Mileage: 1 $62,640.00 $3,240.00 $0.00 $59,400.00 $0.00 $0.00 $500.00 $59,900.00 $0.00 $315.50 $0.00 $60,215.50 MSRPMSRP DiscountDiscount RebateRebate Sale PriceSale Price $0.00Trade Allowance $0.00Trade Payoff Trade Equity (+/-)Trade Equity (+/-) AccessoriesAccessories $0.00We Owe Processing ChargeProcessing Charge Sub TotalSub Total TaxTax Tag FeeTag Fee Down PaymentDown Payment Remaining BalanceRemaining Balance Open Session Item SUBJECT: Hagerstown Regional Airport Taxiway C Object Free Area Design and Construction and Runway 02-20 Design Projects - Approval to submit related Applications PRESENTATION DATE: _May 7th, 2024____________________ PRESENTATION BY: Neil Doran, Airport Director, Hagerstown Regional Airport RECOMMENDED MOTION: Motion to provide Conditional approval to submit FAA/MAA grant applications, sign related paperwork and later accept awarded grants based upon the total project cost being below what is already programmed and approved in previous County budgets. REPORT-IN-BRIEF: These are already previously identified and budgeted projects. The previously budgeted numbers are believed by staff and our consulting engineers to be more than adequate to cover the costs. In order to meet deadlines, requesting permission to move forward with applications to FAA and MAA as swiftly as possible, despite not yet having the construction bids in hand for the TWY C OFA Construction portion. As normal, the Grant 70 will be coordinated with the FAA after our receipt of construction bids for the TWY C OFA portion under PUR-1674. Bids due 05/22/24. Time is short because we need to complete the construction and process this entire project’s paperwork before the end of FFY24, that is, on or before 09/30/24. DISCUSSION: Project involves pavement rehabilitation along western edge portions of Taxiway C and the eastern edge of the West Apron near the Rider Jet Center and T-Hangar access areas. Will also include marking improvements to address our safety “hot spot” at the intersection of Taxiway C/A and the West Apron. Grant also includes funds for the design work associated with a future pavement rehabilitation and LED lighting upgrade for HGR’s secondary, crosswind Runway 02-20. A subsequent construction grant is expected in FFY 2025 for this Project. TWY C OFA DESIGN & CONSTRUCTION Includes Engineer’s estimate for construction cost + known Design Costs FAA $603,000 90% MAA $29,891 4% County/Local $37,109 6% Totals $670,000 RUNWAY 02-20 DESIGN ONLY Board of County Commissioners of Washington County, Maryland Agenda Report Form Actual figures FAA $289,341 90% MAA 0% MAA DOESN’T PAY FOR DESIGN County/Local $32,150 10% Totals $321,491 Overall Project Total $991,491 FISCAL IMPACT: __$69,259 in Local Airport Funds.RUN020 – Airport infrastructure grant, with FY23 CIP budget including a comment specifically mentioning the TWY C OFA project. We’ve budgeted $1.1mm per year across FY2023-2027 for a total of $5.5mm. RUN021- Runway 2/20 Rehabilitation & Lighting, $323,000 budgeted for this Project. CONCURRENCES: Andrew Eshleman, Director of Public Works ALTERNATIVES: Deny approval to apply for FAA and MAA grants for this project. Consequence: Could miss Bipartisan Infrastructure Law (BIL) deadlines and not collect those funds the FAA and MAA have signaled they are willing to provide. We could potentially also have to wait until future year or miss out totally as BIL has “use it or lose it” type time-based deadlines. Staff recommends moving forward with this project ASAP. ATTACHMENTS: Project Drawing. AUDIO/VISUAL NEEDS: N/A Open Session Item SUBJECT: Approval to Apply/Accept Grant Funding and Issue Purchase Orders – Airport RVZ/ROFA Project. PRESENTATION DATE: May 7th, 2024 PRESENTATION BY: Neil R. Doran, Director, Hagerstown Regional Airport RECOMMENDED MOTION: • Conditional approval to sign/submit FAA/MAA grant applications and related paperwork for this “Grant 71” project based upon total costs being below amounts programmed and approved in previous County budgets. • Approval to issue Purchase Order for ADCI Design, Bid & Construction Phase Services totaling $418,038. • Approval to issue Purchase Order for ADCI to subcontract with Taffy Pippen Consulting, LLC to perform DBE Program Update Services totaling $40,500. REPORT-IN-BRIEF: The “Grant 71” Project contains multiple elements: 1. A reimbursement of the approximately $1.6mm in local funds spent back in 2022 (BOCC approved 08/30/2022) to acquire a parcel of land in the area of the old Fairchild Fire Station. This acquisition was for FAA compliance and safety reasons related to our Runway Visibility Zone (RVZ) and Runway Object Free Area (ROFA). 2. Demolition of the old Fire Station structure and segments of existing fence located within the RVZ/ROFA 3. Construction of new, relocated, airport perimeter fence and security gates in this location along with realigned fence segments at the eastern edge of Runway 02-20 along the property line with our New Heights Industrial Park neighbors. Board of County Commissioners of Washington County, Maryland Agenda Report Form Grant 71 Budget Comments: Note: County budgeted up to $5.43mm under LAN018-Land Acquisition). This project will be the first drawdown on this account line. DBE Subcontract Details: As a grant recipient, we are required to have DBE program manuals, to update them as regulations change and to periodically file reports. This type of specialized service contract would normally be an airport cost of doing business. Now for the first time, these expenses are eligible for 90% FAA reimbursement as an administrative cost. DBE Program Update Services ($24,000) plus three (3) years of Annual Reporting Services for FFY2025-2027 ($5,500/yr. x 3 = $16,500.00), totaling $40,500.00. DISCUSSION: Expect total Reimbursement to be approximately $3 million and anticipate an FAA award as an Airport Improvement Program (AIP) discretionary grant offer. Based upon past years, the second week of July is the estimated FAA grant submission deadline with HGR needing to submit applications by 07/08/2024. Airport should receive grant offer by end of August/Early September 2024. Federal Fiscal Year ends on or before 09/30/24. This is very time sensitive with the Notice of Funding Opportunity (NOFO) being published soon. Land Acquisition Component - 2022 $1,600,040 Final Settlement Payment + Recordation Fee, Court Costs. $77,418 Land Acquisition-Related Services (Survey/Boundary Survey, Appraisal, Review Appraisal) $1,677,458 Sub Total Design/Construction Related & DBE Expenses - 2024 $227,928 ADCI Design Bid/Services $190,110 ADCI Construction Phase Services $904,904 Engineer’s Estimate of Probable Construction Costs for new Fence for ARFF Station Demolition & AOA Fence Demolition/Construction (bids to be received approx. 06/27/2024) $29,500 DBE Program Update and 1st year of Reporting expense (FAA advised to place expense on this Grant 71). Years 2, 3 reporting will apply to future grants in FFY26 and FFY27. $1,352,442 Sub Total $3,029,900 Total Grant 71 Project Cost Funding Sources $2,726,910 FAA Primary entitlement ($1mm/Discretionary $1.7mm) 90% $138,603 MAA 4% $164,387 County/Local/Airport 6% $3,029,900 Total FISCAL IMPACT: $164,387 in Local matching/airport funds. CONCURRENCES: Andrew Eshleman, Director of Public Works ALTERNATIVES: Deny acceptance of available grant funds. Staff recommends accepting funds and moving forward with project ASAP. ATTACHMENTS: ADCI Proposal “ARFF Demo AOA”, ADCI/Taff Pippen DBE Proposal, and August 30th, 2022, Agenda Request Form related to Land Acquisition. AUDIO/VISUAL NEEDS: N/A PROJECT TITLE:ARFF Demolition; AOA Fence/Access Gate Realignment Hagerstown Regional Airport – Richard A. Henson Field PROJECT NO:PUR-1450; TO #16; Purchase Order (PO): WASHCO30459 4/16/2024 (Revision 3) PO Design/Bidding - Lump Sum Construction - Cost-Plus-A-Fixed-Fee (Not-To-Exceed); Not Authorized Yet Design/Bidding -227,928$ Construction - 190,110$ PROJECT DESCRIPTION: ACCEPTED APPROVED by:by: ____________________________________________________________ Mahesh S. Kukata, P.E Neil Doran, C.M, ACE Vice President Airport Director Airport Design Consultants, Inc Hagerstown Regional Airport 6031 University Blvd, Suite 330 18434 Showalter Road Ellicott City, MD 21043 Hagerstown, MD 21742 METHOD OF PAYMENT: TASK ORDER AMOUNT: See the attached ADCI's Scope of Work and Price Proposal (Revision 3) dated April 16, 2024. The original Agreement for Professional Services between Board of County Commissioners of Washington County, Maryland (County) and Airport Design Consultants, Inc. (ADCI) for professional services at the Hagerstown Regional Airport – Richard A. Henson Field (HGR) dated January 27, 2020 and amended/restated agreement dated January 27, 2021 shall govern all task orders executed under this agreement unless modified in writing and agreed to by the County and ADCI. The original Federal Contract Provisions have been updated and are being replaced with those included in Attachment A to this Task Order Proposal. TASK ORDER NO: 16 PROFESSIONAL SERVICES AGREEMENT: PUR-1450 AIRPORT DESIGN CONSULTANTS, INC. AIRPORT: DATE OF ISSUANCE: ATTACHMENTS: L:\Proposals\HGR\2023-HGR-1307 ARFF Demo-Fence Gate Realign Design and CPS_TO_16\20240405 Fee - ARFF_Demo_Fence_Gate_Design_Bidding_Construction_2023-HGR-1307 R2.xlsx AIRPORT DESIGN CONSULTANTS, INC. 6031 UNIVERSITY BLVD. SUITE 330 ELLICOTT CITY, MD 21043 www.adci-corp.com 410.465.9600 April 16, 2024 Mr. Neil Doran, C.M, ACE Airport Director Hagerstown Regional Airport – Richard A. Henson Field 18434 Showalter Road Hagerstown, Maryland 21742 Sent electronically to: ndoran@washco-md.net Reference: Scope of Work and Price Proposal (Revision 3) ARFF Demolition; AOA Fence/Access Gate Realignment Design, Bidding and Construction Services (Task Order No. 16) Hagerstown Regional Airport, Hagerstown, MD Dear Mr. Doran: Airport Design Consultants, Inc. (ADCI) is pleased to submit this revised proposal to the Board of County Commissioners of Washington County, Maryland, a body corporate and politic and a political subdivision of the State of Maryland (County) to provide Design, Bid, Construction Administration (CA), and Construction Management and Inspection (CMI) services associated with the Aircraft Rescue and Fire Fighting (ARFF) Demolition; Aircraft Operations Area (AOA) Fence/Access Gate Realignment (Project) at the Hagerstown Regional Airport – Richard A. Henson Field (HGR). We have addressed the FAA’s additional comments received on April 16, 2024 and offer the final proposal for your approval. Whereas, the County and ADCI entered into an Agreement (PUR-1450) for ADCI to provide Professional Services that was originally executed on January 27, 2020. All of the terms and conditions of the Agreement, as amended and restated on January 27, 2021, remain in full effect and apply to this Specific Project Proposal with the exception of the Federal Contract Provisions contained therein. Those provisions are considered null and void and, by execution of this Proposal, shall be replaced with the current applicable required Federal Contract Provisions, dated November 17, 2022 and editorially updated May 24, 2023. For this task, as approved by the County, the following subconsultants will assist us:  CJL Engineers, Inc. (CJL): Electrical – Power Supply Plans and Specifications for Airfield Access Gate Telecommunications – Control Plans and Specifications for Airfield Access Gate  Fox & Associates, Inc. (Fox): 2023-HGR-1307 Mr. Neil Doran, C.M, ACE April 16, 2024 Page 2 of 8 Erosion and Sediment Control (ESC) Design/Permitting – ESC Plans, Specifications and Permitting.  Froehling & Robertson, Inc. (F&R): Testing – Supplemental Sampling and Asbestos Containing Materials (ACM) / Lead Based Paint (LBP) Disposal Specifications for Old ARFF Station  ARC Environmental, Inc. (ARC): HASP and Soils Testing – Site Specific Health and Safety Plan (HASP), Disposal Specifications, and Soils Testing. Whereas, the County and ADCI in their mutual covenants herein agree in respect to the scope of work and price proposal for the referenced Project as set forth below: A. DESCRIPTION OF WORK Runway Line of Sight (LOS) standards reduce conflicts among aircraft, and between aircraft and vehicles operating along active runways. A clear runway LOS allows pilots on the runway to visually verify the location and actions of other aircraft and vehicles on the ground. Because HGR has two intersecting runways, Runways 9-27 & 2-20, the Airport is required to meet Runway Visibility Zone (RVZ) criteria in accordance with Federal Aviation Administration (FAA) Advisory Circular (AC) 150/5300-13B, Airport Design. The present RVZ for the intersection of Runways is compromised by an abandoned Aircraft Rescue and Fire Fighting (ARFF) station and airport security fencing. To mitigate this, the airport has acquired land that includes the Fairchild Property and a portion of Parcel F8. The total area acquired is approximately three (3) acres. This project includes the demolition of the old fire station, as well as removal and re-installation of the AOA fence and Gates to meet RVZ Requirements. A section of the existing perimeter fence that runs along the east side of Runway 2 is also currently located within the Runway Object Free Area (ROFA). This section of fence will be demolished and a new fence shall be constructed outside of the ROFA. The design portion of this project includes:  Demolition of the existing ARFF Building. Existing floor slab and foundations to remain.  Demolition of approximately 4,300 LF of existing Airport Security Fence.  Demolition of the existing 160’ aircraft access gate.  Construction of approximately 2,500 LF of new realigned Airport Security Fence.  Construction of a new aircraft access gate, gate controllers and access monitoring/controls. B. PROFESSIONAL ENGINEERING SERVICES Professional Engineering Services to be performed under this task will be as detailed below. 1. Project Development/Management ADCI will provide project development services throughout the course of the project. These services shall include: Mr. Neil Doran, C.M, ACE April 16, 2024 Page 3 of 8 1. Proposal Preparation. Attend one (1) project scoping/pre-design meeting, prepare the Scope of Work, and assist the County in satisfying the requirements of Grant Offer to receive grant funding for this Project. 2. Environmental Coordination. A short form Environmental Assessment (EA) was prepared for this Project and a Finding Of No Significant Impact (FONSI) was issued by the Federal Aviation Administration (FAA) on June 3, 2019. Subsequent to the issuance of the FONSI new environmental regulations regarding per- and poly-fluoroalkyl substances (PFAS) have been issued and additional species have been added to the U.S. Fish and Wildlife Service Endangered Species List that require evaluation. A supplement to the Short EA was prepared evaluating these categories and an updated FONSI was issued by the FAA on March 15, 2024. Based on further coordination with the FAA, it was determined that a Documented CATX would be required for new underground power/communications lines to be installed from the new gate 170 location to the terminal building. The Documented CATX was prepared and submitted to the FAA for evaluation. 3. Airspacing. Prepare and submit FAA Form 7460-1, Notice of Proposed Construction or Alteration, for the critical Construction Equipment locations and the Construction Safety and Phasing Plan (CSPP) to the FAA through OE/AAA for review and determination. A copy of the submittal will be provided to HGR and MAA-ORAA for their review. ADCI will follow the procedures outlined in FAA Advisory Circular (AC) 150/5300-20, Submission of On-Airport Proposals for Aeronautical Study and general guidance provided in the FAA Office of Airports (ARP) Standard Operating Procedure (SOP) 9.2, FAA Aeronautical Study, Coordination and Evaluation. These will be submitted at the 90% design submittal level based on prior review by the ADO. 4. Project Administration. Throughout the course of the project ADCI shall provide the following administrative services: a. Provide all necessary coordination with appropriate State and Local agencies, including correspondence, telephone contact, memorandums, and meeting(s) or conference(s) as required. Such coordination shall be provided during the period covered by the agreed upon schedule for completion of the Project. b. Assist the County in the preparation of an FAA Grant Application including all correspondence and communications related thereto. c. Assist County with Quarterly Performance Reporting for the design grant, as required. d. Assist County with Annual Financial Reporting for the design grant, as needed. 5. Requests for Reimbursements. Consult with County and the State to determine any specific requirements, conditions, or limitations relative to the Project and incorporate them in revised estimates and documentation. a. Assist County in the preparation of Requests for Reimbursement from the FAA and MAA during the duration of the Project, with legal assistance provided by the County. Prepare and submit draft FAA pay requests for reimbursement of Owner's project expenses during the Project. Prepare pay request summary spreadsheet, project summary Mr. Neil Doran, C.M, ACE April 16, 2024 Page 4 of 8 spreadsheet and documentation for County's use in submitting monthly pay requests. It is anticipated that reimbursement requests will be filed monthly. A total of four (4) reimbursement requests are anticipated. 6. ALP Update. Update the Airport Layout Plan (ALP), to generally reflect the as-built changes for the Property Boundary Updates, ARFF Demo, and Fence/Gate Relocation for submission to and approval by the FAA. 7. Exhibit A Update. Update the existing Exhibit A (property map) to reflect land acquisition based on the Property Boundary Survey conducted as part of the previous enabling Land Acquisition Project to meet FAA Standard Operating Procedure (SOP) 3.00 for FAA Review of Exhibit ‘A’ Airport Property Inventory Maps for submission to the FAA for review and approval. As part of this effort, it was agreed that the forty-six (46) comments included in the FAA’s January 15, 2021 review letter would be addressed; however, these efforts would be limited to desktop review and that no physical boundary surveys would be performed as part of this effort. Most of the comments included in that letter regard verifying current property owner information and labeling on the plan. A few questions were regarding the acreage of individual parcels and how they culminate to the total airport property acreage. For this effort we can only go by what is listed in the recorded documents and a summation of those values. No boundary surveys are included in this Project and it was agreed that boundary surveys could be made part of a future Airport Master Planning Effort. 8. Internal QA/QC Review. Engineer’s Senior Engineer and Senior Project/Construction Manager will perform an Independent Technical Quality Assurance/Control Review of the Documents prior to submitting them to the County/Agencies for each submittal and prior to approval to advertise the Project for Bidding. 2. Design Phase Services 1. Base Mapping. Provide all necessary base mapping for the project. Ground Survey has been acquired under a separate project and will be incorporated into the base mapping for use on this Project. Existing as-builts and maps will be reviewed and utilized where possible to supplement the base mapping where necessary. Existing maps are, in general, adequate to serve as location maps for the project. 2. Site Visit. Utilizing the base mapping, the Engineer will conduct a site visit to visually review the project area to attempt to ensure that the base mapping to be utilized is accurate and all topographic information relevant to the design has been obtained. It is assumed that this site visit will occur at the same time as the Kickoff Meeting. 3. Kickoff Meeting. Prepare for and attend one (1) project Kickoff meeting with personnel from the County, HGR, MAA, ATCT and FAA – WADO to discuss the overall project scope, work schedule, airport operational safety, contract relationships, contract time, utility interface, project coordination, design investigations, and other project specific items. Prepare and distribute meeting minutes. 4. Plan Preparation. Prepare construction documents including but not limited to General Project Layout, Construction Safety and Phasing Plans and Details, Demolition Plans and Mr. Neil Doran, C.M, ACE April 16, 2024 Page 5 of 8 Details, Fencing and Gate Plans and Details, Signage Plans, Schedules and Details, and Electrical Plans and Details. 5. Project Manual. Preparation and assembly of Instructions and Invitations to Bidders, Special Provisions, Contract Forms, and Bid Forms. 6. Technical Specifications. Preparation of the general contract provisions, and technical specifications conforming to FAA AC 150/5370-10H. 7. Assemble Design Submittals. Design submittals will be made at Preliminary (30%), Pre- Final (90%) and the Final stages (100% or bid ready plans) of completion. Plans and specifications will be submitted to the County, HGR, MAA and FAA - WADO for review and comment. 8. Design Review Meetings. Prepare for and attend design review meetings after the 30%, 90% and Final submittals. 9. Prepare EOPC. Preparation of Engineer’s Opinion of Probable Cost (EOPC) and design report. Cost estimates will be based on unit prices from recent projects at the Airport and in the vicinity. 3. Bid Phase Services Following final approval of plans and specifications by the County, bidding services will commence and will include the following services: 1. Bid Document Distribution. Prepare electronic PDF copies of the As-Bid documents for distribution to the County, HGR, FAA, MAA, and prospective bidders. 2. Pre-Bid Meeting. Schedule, prepare for, and conduct one (1) Pre-Bid Meeting between County, HGR, FAA, MAA, prospective bidders, and other agencies. The Pre-Bid Meeting will be conducted in accordance with FAA AC 150/5370-12B, Quality Management for Federally Funded Airport Construction Projects, to discuss project scope, work schedule, funding, airport operational safety, contract requirements, and other project specific items. Prepare and distribute meeting notes in an Addendum. 3. Bid Addendum(s). Preparation of responses to bidder’s questions and requests for clarifications as appropriate to interpret, clarify or expand the Bidding Documents. Preparation of all required addenda and coordination with the Purchasing Department for issuance of the Addenda. 4. Bid Opening, Tabulation and Recommend Award. Virtually attend one (1) Bid Opening. Prepare the Bid Tabulation and transmit it to the County, HGR, FAA, MAA, and Bidders. Prepare the Recommendation of Award and transmit to the County for their consideration in offering award. 5. Conformed Documents Preparation. Coordinate and assemble Construction Contracts (Agreements, Bonds, and Insurances) and submit executed Contract Information to Funding Agencies. Incorporate completed bid proposal forms, executed contracts, bonds, insurance certificates, and all addenda into a Conformed set of Contract Documents. The Conformed Documents will be transmitted electronically to the County, HGR, FAA, MAA, Mr. Neil Doran, C.M, ACE April 16, 2024 Page 6 of 8 and Contractor. Three (3) full-sized sets, or as prescribed in the contract documents, will be printed for the Contractor. 4. Construction Administration Construction Administration includes: 1. Preconstruction Meeting. Schedule, prepare for, and conduct meeting to discuss project scope, work schedule, airport operational safety, contract relationships, contract time, utility interface, project coordination, marking and lighting of construction areas, construction plans and specifications, measurement, payment, inspections, and other project specific items. Prepare and distribute meeting notes. 2. Review and Processing of the Contractor’s Submittals and Pay Requests. 3. Request For Information (RFI) Response. Respond to RFI’s from the Contractor and Issue necessary interpretations and clarifications of the Contract Documents. 4. Preparation and Submission of the FAA Weekly Inspection Reports to County, HGR, FAA- WADO, and MAA-ORAA. ADCI on-site staff will be responsible for daily correspondence with the Contractor, ATCT and HGR. 5. Preparation and Coordination of project Change Orders through County, HGR, MAA-ORAA and FAA-WADO, as required. This will also include negotiations with the Contractor on price and schedule. 6. Progress Meetings/Site Visits - Conduct weekly progress meetings to discuss such matters as procedures, progress, and scheduling. Construction Manger shall prepare and provide interested parties with meeting minutes after each progress meeting. Track old business and action items and prepare notes for use as agenda for next meeting. If necessary, the Engineer will visit the Airport at additional times to review construction questions/problems. Engineer shall conduct site visits to observe the construction. The purpose of Engineer's visits to and representation by the Resident Project Representative (and assistants, if any) at the site will be to enable Engineer to better carry out the duties and responsibilities assigned to and undertaken by Engineer during the Construction Phase, and, in addition, by exercise of Engineer's efforts as an experienced and qualified design professional, to provide for OWNER a greater degree of confidence that the completed work of Contractor(s) will conform generally to the Contract Documents and that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved by Contractor(s). On the other hand, Engineer shall not, during such visits or as a result of such observations of Contractor(s)' work in progress, supervise, direct or have control over Contractor(s)' work nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s), for safety precautions and programs incident to the work of Contractor(s) or for failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable Contractor(s) furnishing and performing their work. Accordingly, Engineer can neither guarantee the performance of the construction contracts by Contractor(s)' nor assume responsibility for Contractor(s)' failure to furnish and perform their work in accordance with the Contract Documents. Mr. Neil Doran, C.M, ACE April 16, 2024 Page 7 of 8 7. Substantial Completion Inspection. Conduct a Substantial Completion inspection to develop a punchlist and determine if the work has been completed to a point where the Owner may take beneficial occupancy of the project area. ADCI, HGR, FAA-WADO, and MAA-ORAA will walk over the entire project before the job is released. The punch list items will be reviewed prior to the final inspection. The Engineer shall write minutes and distribute them to all those in attendance. 8. Final Inspection. Attendance by Construction Manager and RPR at one (1) Final Inspection Meeting to verify punchlist completion and Distribution of Meeting Notes. 5. Construction Management and Resident Engineering/Inspection ADCI is proposing Mahesh Kukata, P.E., in the role of Construction Manager. A Resident Project Representative (RPR) will also be provided by ADCI to monitor the work. 1. Resident Project Representative (RPR). ADCI will provide a full-time RPR to inspect and monitor the Contractor's work daily for compliance with the Contract Documents. RPR services are based on 8-hour contractor workdays (9-Hours for the inspector), Monday through Friday, for the anticipated construction duration. In addition, resident inspector will be available upon completion for punch list items and contract closeout. 6. Project Closeout 1. Record Drawings. After completion and acceptance of the project, ADCI will prepare record construction plans, based on Contractor-furnished redline markups to reflect any revisions to the project. 2. Final Project Report. ADCI will then submit the Final Project Report, Tabulate Final Quantities, and complete all necessary documentation to close out the project grants. Electronic copies of the record drawings will be provided to HGR, FAA-WADO and MAA- ORAA. C. ITEMS NOT INCLUDED Items not included in this contract include: 1. Payment of permit fees for the proposed improvements. 2. Design Ground Survey. Survey required for this Project was obtained under a previous project. 3. Property Boundary Survey. 4. Supervision of the Contractor's workforce. 5. Claims analysis, resolution, or arbitration. Mr. Neil Doran, C.M, ACE April 16, 2024 Page 8 of 8 D. COMPENSATION For the Engineering Services described in Paragraph B above, we ask compensation to be on a Lump Sum basis for the Design and Bidding Phase and on a Cost-Plus Fixed Fee Not-To-Exceed basis for the Construction Phase. We estimate the costs of these services to be: Design/Bid Phase Services: $ 227,928 Construction Phase Services: $ 190,110 Grand Total: $ 418,038 A list of tasks, and breakdowns of the man-hours and costs required for the overall project are attached. E. SCHEDULE Assuming issuance of Notice-to-Proceed (NTP) by the end of April 2024, ADCI anticipates completion of the design phase by mid-June 2024 and bids received by mid-July 2024. Construction is anticipated to start in late September or October of 2024 and actual construction is anticipated to take approximately eight (8) weeks upon receipt of NTP from the County. F. AUTHORIZATION ADCI will proceed on this project immediately upon receipt of the written Notice-to-Proceed and a purchase order to include this work under the executed base agreement by the County/HGR. Thank you for the opportunity to submit this Proposal. If you have any questions, please do not hesitate to contact me. Sincerely, Ronald N. Morris, PE, CM for Mahesh S. Kukata, PE Vice President Attachments L:\Proposals\HGR\2023-HGR-1307 ARFF Demo-Fence Gate Realign Design and CPS_TO_16\20240416 Proposal - ARFF_Demo_AOA_Fence_Gate_Design_Bidding_Construction_2023-HGR-1307 R3.docx ARFF Demolition; AOA Fence/Access Gate Realignment Hagerstown Regional Airport – Richard A. Henson Field Overhead: 147.26% Profit: 12.00% Firm Name: Date Prepared: Total Budget Amount: Work Classification: Se n i o r Pr o j e c t Ma n a g e r Se n i o r En g i n e e r Pr o j e c t En g i n e e r De s i g n En g i n e e r Se n i o r In s p e c t o r CA D De s i g n e r Direct labor cost: 110.00$ 99.00$ 50.00$ 45.00$ 65.00$ 39.00$ Project Management Proposal Preparation 1 4 4 9 662$ Environmental Coordination (Short EA Supplement and Documented CATX)2 8 16 24 12 62 3,360$ Prepare and Submit 7460s for Temporary Construction Objects to FAA for Review and Determination 2 4 8 10 24 1,148$ Preliminary Design Project Kick-off Meeting (1)3 3 12 16 34 1,851$ 100$ 2 8 8 10 48 1,630$ 2 10 10 20 82 2,470$ 2 8 8 20 78 2,280$ Preliminary Engineer’s Opinion of Probable Cost (EOPC)2 2 8 12 10 34 1,748$ Final Design - 90% Submittal $227,928 Total Hours by Task Total Labor Cost Total Direct Expenses April 5, 2024 Multipliers Design/Bid Phase Services Airport Design Consultants, Inc. L:\Proposals\HGR\2023-HGR-1307 ARFF Demo-Fence Gate Realign Design and CPS_TO_16\20240405 Fee - ARFF_Demo_Fence_Gate_Design_Bidding_Construction_2023-HGR-1307 R2.xlsx Page 1 of 3 ARFF Demolition; AOA Fence/Access Gate Realignment Hagerstown Regional Airport – Richard A. Henson Field Overhead: 147.26% Profit: 12.00% Firm Name: Date Prepared: Total Budget Amount: Work Classification: Se n i o r Pr o j e c t Ma n a g e r Se n i o r En g i n e e r Pr o j e c t En g i n e e r De s i g n En g i n e e r Se n i o r In s p e c t o r CA D De s i g n e r Direct labor cost: 110.00$ 99.00$ 50.00$ 45.00$ 65.00$ 39.00$ $227,928 Total Hours by Task Total Labor Cost Total Direct Expenses April 5, 2024 Multipliers Design/Bid Phase Services Airport Design Consultants, Inc. Final Design - 100% Submittal/Bid Documents Incorporate County, HGR, MAA and FAA - WADO Comments and Update Drawings 4 8 20 20 40 92 4,692$ Design Review Meeting (1)3 3 12 18 1,227$ Submit 100%/Bid Documents (10)2 4 5 11 593$ 1,500$ Bid Phase Services Prepare for, Conduct, and Prepare Minutes from the Pre-Bid Meeting (1)3 6 12 4 25 1,680$ 100$ Subcontracted Services Subtotal: Total with Overhead and Fixed Fee:200,858$ Subtotal - Subcontracted Services:$24,670.00 Total Direct Expenses: 2,400$ 0% Markup:$0.00 Subtotal - Subcontracted Services:24,670$ Total - Subcontracted Services:$24,670 Grand Total (Lump Sum (LS)):227,928$ L:\Proposals\HGR\2023-HGR-1307 ARFF Demo-Fence Gate Realign Design and CPS_TO_16\20240405 Fee - ARFF_Demo_Fence_Gate_Design_Bidding_Construction_2023-HGR-1307 R2.xlsx Page 2 of 3 Overhead: 147.26% Profit: 12.00% Firm Name: Date Prepared: Total Budget Amount: Work Classification: Co n s t r u c t i o n Ma n a g e r Se n i o r En g i n e e r Se n i o r Re s i d e n t In s p e c t o r Pr o j e c t En g i n e e r CA D De s i g n e r Direct labor cost: 110.00$ 99.00$ 50.00$ 65.00$ 39.00$ Project Management Proposal Preparation 2 4 6 616$ Project Administration (8 Weeks)8 16 40 64 5,064$ Requests for Reimbursements (6)3 6 24 33 2,484$ Project Startup (includes RPR at 20 hours a week for 2 weeks)40 40 2,000$ Construction Administration Preparation for and Attendance at the Pre-Construction Conference (1)2 2 4 418$ 100$ 8 16 24 1,832$ 1 8 16 4 29 2,098$ 24 48 72 5,496$ 4 4 8 4 20 1,496$ 100$ 4 4 8 4 20 1,496$ 100$ Construction Management and Resident Engineering/Inspection Project Closeout Subcontracted Services Subtotal:154,552$ Fixed Fee:12.00%18,546$ Total with Overhead and Fixed Fee:173,099$ 0% Markup:$0.00 Total - Subcontracted Services:9,572$ Total - Subcontracted Services:$9,572 Grand Total (Cost-Plus-A-Fixed-Fee (Not-To-Exceed (NTE)):190,110$ $190,110 Total Hours by Task Total Labor Cost Total Direct Expenses ARFF Demolition; AOA Fence/Access Gate Realignment Multipliers Hagerstown Regional Airport – Richard A. Henson Field Construction Phase Services Airport Design Consultants, Inc. April 5, 2024 L:\Proposals\HGR\2023-HGR-1307 ARFF Demo-Fence Gate Realign Design and CPS_TO_16\20240405 Fee - ARFF_Demo_Fence_Gate_Design_Bidding_Construction_2023-HGR-1307 R2.xlsx Page 3 of 3 PHOTO I EX-2 OLD ARFF BUILDING PROPERTY OWNERS OWNER EXISTING A NEW ACREAGE ACREAGE ACREAGE NEW HEIGHTS 41.9 AC (2.70) AC 39.20 AC INDUSTRIAL PARK LLC FIRST FLIGHT LIMITED 12.4 AC (0.04) AC 12.36 AC PARTNERSHIP WASHINGTON COUNTY 401.89 AC 2.74 AC 404.63 AC COMMISSIONERS (HGR) (\ PHOTO 2 `,EX-2, ADA GATE AND DOUBLE FENC U - (ROFAr EXISTING AOA r MAP 24 PARCEL EB9 TAwasrlwcm�N couNTr GATE TO .\ `\ - -- mMMrssioNERs creEa 44>e, Foua lz4 BE DEMOLISHED �z LEGEND FENCE DEMOLITION PROPOSED AIDA FENCE 17 PROPOSED ACCESS GATE RUNWAY VISIBILITY ZONE LIMITS - RSA - RUNWAY SAFETY AREA E - ROFA - RUNWAY OBJECT FREE AREA - PROPERTY LINE PROPERTY ACQUISITION d� f RUNWAY 2-20 (3,160' X 100) l _ FIRST FLIGHT PROPERTY 2 - - II - -- ACQUISITION OF 0.04 ACRES - - X-2 FIRST FLIGHT/NEW HEIGHTS PROPERTY LINE E� 160.00' P RAEL 985 OLD ARFF • '" ikn FucHr oEr e � - - � �I � � BUILDING (ABANDONED) UMR C FARTNER,SHIO BER sJe. Fouc 4Ja — - L, TO BE DEMOLISHED PL.+J Na M429 \ FLOOR SLAB TO REMAIN n n r �� TAX MAP 24, PARCEL 915 - - - - - - p �. 'M'o ""oTIP = I ! 160.0 LIBER 836, FOGrA 4J8 TAX MAP 24 PARCEL /28r n P(AT No. M429 / NEW NEGHTS /NBUSTRIAL PARR LLL \ O_ LIBER b166, FOLIO 342 L 1 NEW HElA- rNBUSTRGL - - PARR LLC •� , L/BER 6146, FOL/0 34? \ \ ( \ 7 \\ NEW HEIGHTS PROPERTY / PROPOSED AOA x RUNWAY VISIBILITY 0' 200' 400' ACQUISITION OF 2.70 ACRES FENCE AND AIRFIELD ZONE LIMITS ACCESS GATE SCALE: V = 200' h1t1. cK� cneo: on niP No. .eP. PHcARFFIDEMOLITION; AOA FENCE/ACCESS GATE i ha, csscaiPnoH REALIGNMENT 7aDC, off Washington County MD s PRO 3 E G PROJECT EXHIBITls-, HAGERSTOWN REGIONAL AIRPORT sHHo.. P s E EX- 1 ASSHOWN DECEMBER 2D23 C C C C C C C C C C C C C GA S GA S GA S GA S GA S GAS GA S GA S GA S GA S GA S GA S GA S GA S GA S GA S GA S UD FM FM GA S ON L Y ONL Y ON L Y OAK S P R I N G S R D . BA S O R E D R . SHOWALTER ROAD TER M I N A L D R I V E TER M I N A L D R I V E 705 680 705 680 68 0 680 680 680 680 680 70 5 705 705 70 5 705 705 68 0 68 0 680 68 0 680 680 680 680680 680 680 680 680 RVZ RVZ RVZ RVZ RVZ RVZ GS C A 10+00 15+00 20+00 0+ 0 0 5+ 0 0 10 + 0 0 6999.67' N1 5 ° 1 8 ' 5 1 . 4 9 " E 31 6 4 . 2 8 ' (R O F A ) (R O F A ) (R O F A ) CHECKED: APPROVED: DESIGNED: DRAWN: REVISIONNo.REVISION DATE DESCRIPTION RUNWAY VISIBILITY ZONE LAND ACQUISITION SHEET TITLE: SCALE: PROJECT TITLE: DATE: FAA AIP No.: SHEET No.: MARCH 2024 M.P.P. R.N.M. Z.A.F. Z.A.F. AS SHOWN SUITE 330 ELLICOTT CITY, MD 21043 PHONE/FAX: 410.465.9600/9601 6031 UNIVERSITY BLVD AIRPORT DESIGN CONSULTANTS FIBER INSTALLATION ALTERNATIVES EX-1 LEGEND RUNWAY VISIBILITY ZONE LIMITS FENCE DEMOLITION PROPOSED AOA FENCE RUNWAY SAFETY AREARSA RUNWAY OBJECT FREE AREAROFA T/ W C 1 PROPERTY LINE PROPERTY ACQUISITION MARCH 2024 PROPOSED ACCESS GATE SCALE: 1" = 250' 0'250'500' FUTURE TERMINAL BUILDING EXPANSION COMMUNICATIONS FIBER (DIRECT OPTION) COMMUNICATIONS FIBER (MINIMAL AIRFIELD IMPACTS) TIE-INTO EXISTING FIBER JUNCTION STRUCTURE Pittsburgh PA | Johnstown PA | Erie PA | Youngstown OH | Morgantown WV | Frederick MD cjlengineering.com November 10, 2023 Michael P. Pizza, PE Airport Design Consultants Inc 6031 University Blvd, Ellicott City, MD 21043 Re: HGR Airport – Task Order 16 - Airfield Access Gate Hagerstown, MD CJL #P23-0826 Mike, Thank you for the opportunity to submit a proposal for this project. If accepted, this letter shall constitute our proposed arrangement for providing electrical consulting engineering services for the above-referenced project and will form the basis of our contractual agreement. I. Description of Project CJL will provide professional electrical design engineering support for the new airfield access gate in accordance with information provided by ADCI, and applicable code requirements. CJL Engineering will provide design engineering specifically as it relates to the electrical power and telecommunications integration for the new access gate. A. Areas of Service 1. Engineering Design of Electrical Power for New Gate 2. Engineering Design of Telecommunications System for New Gate II. Scope of Work CJL will provide professional engineering design services in accordance with the provisions of the attached Standard Business Conditions. A. Basic Services The portions of the project to which our services will apply are as follows: 1. CJL will provide engineering design, documentation, and construction administration services for as listed under Section I.A. above. 2. CJL's attendance at design meetings will be as required. 3. CJL will conduct surveys to obtain existing site information as necessary to develop our engineering design. 4. CJL will coordinate with the Architect and other consultants including space requirements, equipment supports, weights, etc. 5. CJL will provide engineering drawings and specifications for the Scope of Work described herein. Drawings to be signed and sealed by a registered engineer. 6. CJL will review shop drawing submissions and respond to contractor's RFIs. 7. CJL will provide site visits as required for design and construction observations. Michael P. Pizza, PE HGR Airport – Task Order 16 - Airfield Access Gate November 10, 2023 Page 2 8. CJL will assist in the review and evaluation of mechanical and electrical change orders. B. Additional Services CJL may provide additional mechanical and electrical engineering services. These items are not in the basic Scope of Work. 1. Development of a Contract Budget or Detailed Cost Analysis. 2. Building Information Models (BIM) above LOD 300. 3. LEED Design Services. 4. Arc Flash Study of Electrical Systems. 5. Energy Modeling. 6. Mechanical Engineering. 7. Plumbing Engineering. 8. Fire Protection Engineering. 9. Civil Engineering. 10. Structural Engineering. 11. Commissioning. 12. Revisions to Contract Documents after completion due to changes beyond the control of CJL. 13. Preparation of Record or "As-built" Documents. 14. The preparation of Building Department review forms, plan review fees and permit cost. C. Assumptions 1. The architect and/or designated consultant will provide as-builts and guidance for specialized facility requirements and user needs. III. Schedule A. Projection CJL is prepared to begin the Scope of Work when a signed contract and Notice to Proceed is received. CJL can complete HGR Airport – Task Order 16 - Airfield Access Gate within the requested time frame. IV. Compensation A. MEP Basic Services CJL proposes to perform the MEP design services described in the Basic Services Section II.A above for a fixed fee of Nine Thousand Five Hundred Dollars ($9,000). This fee can be broken down as follows: 1. Construction Documents .................................$7,500 2. Construction Administration.............................$1,500 Michael P. Pizza, PE HGR Airport – Task Order 16 - Airfield Access Gate November 10, 2023 Page 3 B. Additional Services Engineering services not described above in section II.A shall be considered additional services. Compensation for additional services, if requested, shall be developed under separate proposals. C. Reimbursable Expenses Reimbursable expenses are included in the above fixed fee. V. Billing and Payments CJL anticipates invoicing monthly on a percentage basis for the project Scope of Work. Payments shall be due within thirty (30) days of receipt of invoice. We look forward to the opportunity to work with you on this project. Should you have any questions or require additional information, please do not hesitate to call. If everything is in order and this proposal meets your approval, please sign and return one copy for our records. Sincerely, Christopher P. Mills, PE, HFDP, LEED AP BD+C Principal, CJL Engineering CPM/hs Authorization to Proceed accepted this __________ day of ______________________, ________. Signature Title Printed Name Revised: 05/17/2017 Standard Business Conditions I. RESPONSIBILITY OF CJL ENGINEERING A. Safety CJL Engineering, hereinafter referred to as CJL, personnel always endeavor to conduct field activities in such a manner as to protect themselves and others from accidents and injury. CJL personnel use their own safety equipment (hard hats, goggles, protective clothing, etc.) unless otherwise instructed. When the Client is aware of a need for special safety equipment, the Client should so specify before the services proceeds. B. Confidentiality and Non-Use During the conduct of specific engineering assignments, CJL and its employees may obtain, directly or indirectly, information proprietary to the Client. Accordingly, CJL agrees, on behalf of itself and its employees, to maintain as confidential all said proprietary information and not to disclose it without specific authorization from the Client, except as may be required by law. C. Insurance CJL maintains insurance coverage in the following amounts and, upon request of the Client, will provide a Certificate of Insurance so indicating: D. Indemnification/Limitation of Liability CJL shall defend, indemnify, and hold harmless the Client and its officers, employees, servants, agents, successors, and assigns from and against any and all liability, claims, demands, suits, actions, third-party claims, penalties, fines, debts, accounts, damages, costs, expenses, losses, and attorneys' fees (hereinafter referred to collectively as "Damages") that either directly or indirectly arise out of, or result from, injury or death to persons, including employees of the Client or CJL, or damage to property of whatever kind and nature, if the injury or damage is caused by a negligent act of CJL or its employees, servants, or agents in the performance of CJL services under this Agreement. The Client shall give prompt notice to CJL of any such suit, claim, demand, or action relating thereto in order to provide CJL with the earliest opportunity to defend against any actions or proceedings for Damages. CJL agrees, however, that any failure on the part of the Client to give such notice shall not be deemed a waiver, abrogation, or limitation of CJL's obligation to defend, indemnify, and hold harmless the Client except to the extent that such failure to give notice is the sole cause of an actual limitation of CJL ability to assert defenses available to it. Indemnification under this provision shall exclude any and all Damages that either directly or indirectly arise out of or result from acts, errors, or omissions of the Client or any of its officers, employees, servants, agents, consultants other than CJL or other representatives. CJL total liability under this indemnification is limited to the type and amount of insurance coverage as previously listed in Paragraph I.C., Insurance. II. RESPONSIBILITY OF THE CLIENT A. Coordination The Client will provide a representative to coordinate all onsite activities and to serve as CJL's point of contact. B. Review The Client will provide timely and expeditious review of CJL reports, provide general guidance during execution of the services, and, in general, cooperate to the fullest extent possible during CJL performance of the services and meeting project schedules. C. Indemnification The Client shall defend, indemnify, and hold harmless CJL and its officers, employees, servants, consultants, agents, successors, and assigns from all Damages (as defined above) that arise out of or result from the acts, errors, and omissions of the Client or any of its officers, employees, servants, agents, consultants, or other representatives, except in the case of negligence in the services performed by CJL. D. Hazardous Waste Claim "Hazardous Waste Claim" shall mean any claim arising out of, or based upon, the dispersal, discharge, escape, release or saturation of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids, gases or any other materials, irritants, contaminant or pollutant, whether such discharge is sudden or gradual. LIMITATION OF LIABILITY: Client agrees to bring no claim against CJL either directly of by means of impleader, third party claim or cross claim, in any action relating in whole or in part to any hazardous waste claim as defined. Revised: 05/17/2017 Standard Business Conditions CLAIM INDEMNIFICATION: In the event CJL is a party to any action arising out of a hazardous waste claim, Client agrees to indemnify CJL to the maximum extent permitted by law, award judgment of settlement against the CJL provided that such indemnification shall not apply to such portion of the award judgment or settlement unrelated to the hazardous waste claim. III. INVOICES A. Invoices Invoices will be submitted on a monthly basis for work completed and are due within 30 days upon receipt. B. Disputed Amounts The Client will notify CJL within 4 weeks of receipt of an invoice if there is a dispute on the invoice. The Client will pay that segment of the invoice not in dispute and the disputed amount will be credited or billed on the next monthly invoice. IV. GENERAL A. Validity This proposal is valid for 30 days. Subsequent to that date, CJL may withdraw this proposal or revise the basis of payment to allow for changing costs and adjust start and completion dates to conform to our workload. B. Changes Only with the consent of the Client may changes in, additions to, and omissions from the Scope of Work be authorized under this Agreement. Any increases in the Scope of W shall be agreed upon in writing by the parties before CJL may proceed with such charges, additions, or omissions. C. Delays Any departure from the stated schedule of services that is caused in whole or in part by a delay originated by the Client, or caused by conditions beyond CJL control (such as unfavorable weather conditions, partial or complete plant shutdowns, strikes, floods, or fires) constitutes a change of scope and will be grounds for renegotiation of the contract price and the completion date. D. Termination Either party may terminate this Agreement without cause upon 30 calendar days’ written notice to the other party. In the event of termination, the Client will pay CJL for all costs incurred to the point the services are completed prior to the notice to terminate. E. Ownership of Documents Upon payment of all fees for services, costs, and disbursements, the Client shall be entitled to reproduce any documents prepared under this Agreement where such reproduction is in furtherance of project objectives. Any other reproduction, publication, distribution, or use of such documents or copies is permitted only upon obtaining prior written consent of CJL. Such documents and copies shall at all times remain the property of CJL. All unauthorized uses are at the sole risk of the users. F.Non-Solicitation Neither CJL nor the Client shall offer employment to the others employees during this Agreement and for a period of 1 year following the date on which the employee(s) last performed services under this Agreement, unless there is mutual consent in regards to a particular employee. G. Privacy of Proposal Content The information contained in this proposal is considered privileged and confidential. Any use or release of this information for purposes other than evaluation of its content as a basis of contract award is prohibited. H. Agreement Terms and Conditions The terms and conditions of this proposal constitute the entire Agreement between CJL and the Client. Any terms, revisions, or conditions in the Client’s purchase orders, correspondence, or other forms that are not consistent with the terms, provisions, or conditions of this document are void, unenforceable, and not part of the Agreement. This document supersedes anything written in letter agreement that is in conflict with this document. Refer to the attached letter which identifies and stipulates the specifics and scope of the project. ENGINEERS FOX SURVEYORS & ASSOCIATES INC. PLANNERS Est. 1966 1 LANDSCAPE ARCHITECTS April 12, 2022 Revised 11/3/23 ADCI 6031 University Blvd. Suite 330 Ellicott City, MD 21043 Attention: Mr. Mahesh Kukata, Vice President. Re: Contract Proposal for Engineering Services Fire Station Demolition/Fence Relocation with Gate Dear Mahesh, 981 Mt Aetna Rd Hagerstown, MD 21740 Phone: 301-733-8503 Fax: 301-733-1853 Fox & Associates, Inc. is pleased to provide you with our proposal for site surveying and civil engineering services for pavement rehabilitation at Hagerstown Regional Airport (HGR). Generally, our scope of services will be preparation of SEC plans for fence relocation and fire station demolition associated with the pending land acquisition. More specifically, our Scope of Work is as described below: SCOPE OF WORK 1. Prepare Erosion and Sediment Control Plans a. Using the base drawing from a topographic survey prepared under a separate ADCI agreement, Fox will prepare grading/sediment control plans for the fence relocation and fire station demolition. Fox is currently under contract with the Langer company to prepare a plat and legal descriptions for the lands that First Flight Airpark Condominium, Inc. will convey to HGR. Fox will utilize these documents to show the new property lines on the base plan as needed for the fence relocation. ADCI will provide the desired location of the proposed gate along with gate details and specifications. It is understood that the slab under the fire station will remain in place, so the only earth disturbance will be the fence post b. Submittal of plans to Washington County for review and comment. These plans will also be routed to the Washington County Soil Conservation District. It is assumed that the existing limits of paving will not change and, therefore, no additional impervious areas are proposed. This will exempt the project from any type of SWM design or permitting. This submittal will include all necessary signature blocks, applications, checklists, standard notes & details, etc. c. Fox will address all agency comments, attend meetings with review agencies as needed and obtain agency approval signatures. J: IFox Project Docur�tel7laliGi71PROPOSALSl202214599 ADCI Fence Relocation REVISED - GSP.doc ADCI HGR Fence Relocation/Fire Station Deno April 12, 2022 Page 2 of 3 Below is our fee per task for the above scope of set -vices. A man hour breakdown for each task is also provided. Scope Task 1: Taxiway Grading/Sediment Control Plans Principal: 2 hrs @ $150/hr= $300.00 Project Manager: 20 hrs @ $150/hr = $3,000.00 CADD Tech.: 24 hrs @ $110/hr = $2,640.00 Total Task 1..............................................................6. $ 5,940.00 EXCLUSIONS The following items are not included in the above scope of services or our fee. 1. Revisions to plans as a result of changes requested by the owner or architect after final design and/or drafting. All requested changes must be submitted to our office in writing. 2. Policy/ordinance changes by review agencies after contract execution that requires extra work or plan revisions. 3. Plan review, application permit and/or impact fees. It is assumed that since this is an airport project on County owned property, agency review fees will be waived. 4. Traffic impact analysis or traffic study/signal design or any other study associated with this development, if required. 5. Geotechnical studies, investigations for sinkholes or hydrogeologic services, if required. 6. Design of any off -site public improvements or easements, if required. 7. Printing which will be billed at $ 0.60/S.F. for bond copies, color CAD Plot at $ 3.00/S.F., Mylar copies at $ 3.00/S.F. and $ 0.10/sheet for report copies. 8. Construction stakeout. 9. Construction management or inspection. 10. Contract Document preparation other than site work specs mentioned above. 11. Any subdivision services. 12. Preparation of As -built surveys or drawings. 13. Design of Stormdrain or Sanitary Sewer pump stations, if required. 14, Structural and/or electrical engineering services. 15. SWM quantity or quality design. It is assumed that there will be little, if any, new net impervious cover. Any increase in impervious cover less than 5,000 square feet should be eligible for an exemption from SWM requirements, 16. Storm Drain design, if necessary. It is assumed all existing taxiway culverts, pipes and inlets will remain. 17. Bidding Services. ADCI HGR Fence Relocation/Fire Station Demo TERMS April 12, 2022 Page 3 of 3 An invoice reflecting the percentage of work completed will be submitted at the end of each month. Invoices are due and payable ten (10) days from receipt. Accounts past due thirty (30) days will be charged a late payment fee of one percent (I%) per month, which is an annual percentage rate of twelve percent (12%). Fox & Associates, Inc. reserves the right to stop work and hold information on accounts past due thirty (30) days. The undersigned by the acceptance of this proposal also agrees to pay all reasonable attorney and court costs incurred by Fox & Associates, Inc. if the matter is referred to an attorney to collect all or any portion of the total fee for services performed. This agreement represents the entire understanding between us. No provisions may be waived or modified except by a written amendment signed by both parties. If this satisfactorily sets forth your understanding of the arrangement between us, we will proceed with the project upon receipt of a signed copy of this letter agreement, a copy of which is enclosed. Thank you for this opportunity to present you with our proposal. Sincerely, FO & ASS IATES, INC. Gordo offenberger, P.E. Direct r f Engineering ACCEPTANCE: Fox & Associates, Inc. is hereby authorized to proceed with the work as set forth - above and by my signature below; I assume responsibility for the payments for these services in accordance with the above conditions. 1: . ADCI SIGNATURE, TITLE DATE Assess. Manage. Consult. A Minority-Owned Business October 27, 2023 Mr. Mahesh Kukata, PE Vice President Airport Design Consultants, Inc. 6031 University Boulevard, Suite 330 Ellicott City, MD 21043 Care of: Michael Pizza, PE 717.517.1721 mpizza@adci-corp.com Regarding: Proposal for Supplemental Sampling and Demolition Specification Preparation Old Fire Station Demolition & AOA Fence/Access Gate Realignment 18434 Showalter Road Hagerstown, MD 27142 F&R Proposal No. 2259-00260 – Revision I Mr. Kukata: Per recent email communication, Froehling & Robertson, Inc. (F&R) is pleased to submit this revised proposal to Airport Design Consultants, Inc. (the Client) to prepare demolition and disposal specification documents for the Old Fire Station Demolition & AOA Fence/Access Gate Realignment project in support of scheduled demolition activities. The following represents our understanding of the project. If there are any errors or omissions in our understanding, please inform us prior to approving the work; appropriate changes will be made, if necessary. Note that, for the convenience of the Client, F&R has included preparation of asbestos and lead specifications and asbestos project monitoring as additional tasks. 1.0 PROJECT INFORMATION The following is F&R’s understanding of the Project. F&R performed a limited inspection for asbestos containing materials (ACM) and lead based paint (LBP) at the facility for the Client on April 19, 2018 as documented in a May 15, 2018 report (F&R Project Number 72W-0019). The 2850 square foot single story firehouse is going to be demolished and security fencing and gate infrastructure realigned. The aforementioned report identified the presence of the confirmed and assumed ACMs and confirmed LBP as well as lead containing paint (LCP). The presumed materials included:  Electrical panel backing/arc deflectors/spark arresters,  Roofing materials, primarily any materials under the existing rubber roof over the main portions of the building,  Potentially concealed HVAC components in the HVAC unit located in the HVAC room,  Suspect black tar/mastic observed leaking through the ceiling of the Main Garage. Airport Design Consultants, Inc. Old Fire Station Demolition & AOA Fence/Access Gate Realignment F&R Proposal No. 2259-00260 – Revision I 2 October 27, 2023 Excluded from the presumed materials list but which is a presumed and unsampled building material is the interior of the CMU cells which may contain vermiculite that includes asbestos fibers. 2.0 SCOPE OF SERVICES F&R will prepare specification documents related to proper handling and disposal of the ACM and LBP identified. Additionally, F&R will conduct a brief site visit in order to determine the asbestos content of the presumed ACM comprising black tar/mastic materials leaking through the ceiling of the Main Garage; unless this material is tested and confirmed to be non-asbestos containing, it must be treated as ACM. Similarly, the previous survey did not evaluate the interior of the CMU cells; this material will also be evaluated. F&R will not collect samples of existing electrical panels, HVAC components, or other equipment as we assume that these materials will be removed for proper disposal. If these systems are inactive and disconnected from electrical power or other stored energy, F&R may access them in order to provide a visual evaluation for the potential presence of suspect ACM; access will not involve significant dismantling or demolition of such equipment and visually identified suspect ACM in such equipment will be presumed to be ACM or, if accessible without considerable damage, tested. If Task I is not awarded, the presumed materials will be treated as ACM during preparation of the specification documents. 2.1. Task I: Supplemental Asbestos Sampling and Analysis Our proposed scope of services is based upon performing invasive and destructive supplemental sampling of the safely accessible suspect ACM which were previously presumed or excluded. This sampling will be conducted in order to supplement the previous report by providing an evaluation with respect to the presence or absence of asbestos to comply with the National Emission Standards for Hazardous Air Pollutants (NESHAP) [40 Code of Federal Regulations (CFR) Part 61, Subpart M], Occupational Safety and Health Administration (OSHA) (including 29 CFR 1926.1101(k)(5)), and the Maryland Department of the Environment regulations which require a thorough asbestos survey of portions of the building anticipated to be impacted by planned work (the area of concern) to be conducted prior to the commencement of renovation and/or demolition activities. The purpose of the survey is to identify asbestos containing materials (ACM) that require special handling or disposal prior to or during renovation work. Prior to initiation of the survey, F&R requests that available documentation relating to potential ACM in the building (previous inspection reports, building plans, as-builts, etc.) be furnished to us. F&R’s Maryland Licensed Asbestos Inspector(s) will conduct a survey of the subject building components within the stated area of renovation for the presence of suspect ACM. The survey will be conducted in conformance with the Federal NESHAP and State Regulations. Collected samples will be organized as per the Asbestos Hazard Emergency Response Act (AHERA) concept of Homogeneous Area (HA), collected, packaged, labeled, and shipped to a National Voluntary Laboratory Accreditation Program (NVLAP) accredited third party laboratory under standard chain-of-custody procedures for analysis by polarized light microscopy (PLM) with dispersion staining techniques in accordance with US EPA methods as defined in 40 CFR 763 via the 1993 Method for determination of Asbestos in Bulk Building Materials (EPA Method 600/4-93/116) or the Interim Method for the Determination of Asbestos in Bulk Insulation Samples (EPA Method EPA 600M4-82-02). For vermiculite, analysis will be a qualitative presence/absence evaluation and will, if asbestos is identified, be considered ACM; other analytical methods which are required in some states and which may be required to gain a quantitative result, will not be performed. This proposal offers analytical pricing based upon a 3-business day laboratory turn-around-time, from receipt of the lab. Airport Design Consultants, Inc. Old Fire Station Demolition & AOA Fence/Access Gate Realignment F&R Proposal No. 2259-00260 – Revision I 3 October 27, 2023 The survey will be conducted during a one day site visit during the return trip performed as part of Tasks II and III, below. For this service, we have assumed that the Client (or a Client-designated site contact) will coordinate safe access to all areas of the buildings where testing is to be conducted. This proposal is based upon performance of work under Level D health and safety protection; no services will be provided for this Project under Level C or above, unless authorized. Damage to interior and exterior finishes is to be expected. F&R does not plan to repair finishes where samples were collected and recommends that a professional contractor be engaged to make necessary repairs following the sampling process; however, the exposed CMU cells will be covered with adhesive tape and plastic in the event that vermiculite is observed. The roof will be evaluated as part of this supplemental survey which will require removal of the existing membrane and potential decking substrate to access underlying materials; the Client understands that patching of roofing will not be performed. F&R will furnish a ladder for access; however, F&R will require coordination with the Client and/or site contact to provide access to areas above ten (10) feet, including the roof (if included). If access is not provided by the Client, costs associated with mechanical lift equipment and remobilization may be required. Note that only those areas which are safely accessible and which comprise the current area of concern will be included in the survey; F&R will not access electrical panels, functioning mechanical and electrical controls, plumbing, or other live electrical systems for sampling of suspect asbestos containing materials. F&R will also review areas concealed by solid walls or finishes and ceilings and evaluate sub-surface support components, to the extent possible and if anticipated to be impacted by the planned site work. However, based upon the nature of construction, F&R cannot guarantee that all materials that could be encountered during the Project will be identified. Additionally, as noted below, areas which could constitute confined spaces will not be accessed unless the Client accepts responsibility for associated permits, monitoring, extraction, and other requirements; however, F&R will observe, to the extent possible, the interior of such potential confined spaces in order to inventory suspect materials which are not accessible. Areas and materials which are not safely accessible or which are part of functioning systems (e.g. electrical, plumbing, mechanical, or ventilation) but which are observed to be within the current area of concern will be presumed to contain asbestos and may be identified and recounted in the final report along with pertinent recommendations for sampling once they can be made safely accessible. According to the current regulatory protocols for performing PLM analysis, the analyst must observe and analyze each discernible layer of a sample submitted for analysis. The laboratory charges for analysis of each layer and not each numbered sample. Many building materials routinely comprise multiple, discrete layers of material. Therefore, one numbered sample submitted to the testing laboratory as one sample could incur cost for two or more layers analyzed. For wall and ceiling gypsum wallboard and joint compound systems associated with the planned work, if present, the presence of a trace or greater than 1% amount of asbestos in one or more layers will automatically result in further analysis by the lab of a composite of the materials composing the finish system via PLM and additional point count analysis (if applicable). This approach will allow characterization of the building component and provide adequate information for future guidance or specification development, as necessary. Additional analysis beyond that noted above is not included as part of this proposed scope of services. If additional determination is requested by the Client, this can be completed at our standard unit rates. Airport Design Consultants, Inc. Old Fire Station Demolition & AOA Fence/Access Gate Realignment F&R Proposal No. 2259-00260 – Revision I 4 October 27, 2023 Note that where finish materials appear visibly homogeneous, F&R may be unable to distinguish between ACMs and non-ACMS. As a specific example, sample analyses may indicate that asbestos containing joint compound and non-asbestos containing joint compound are present in the work area. Historic renovation work, construction or repair efforts, and abatement may preclude our ability to distinguish between these materials or other similarly homogeneous systems. Consequently, we may be obligated to presume asbestos throughout for some materials. It should be noted that through NESHAP Applicability Determinations, asbestos bulk samples composed of friable materials analyzed via PLM which indicate a result of asbestos content to be less than 10 percent, including trace amounts (<1%), the material in question shall either be assumed to be an ACM or further analyzed via PLM Point Count or Transmission Electron Microscopy (TEM) to verify asbestos content. Results obtained via PLM Point Count or TEM analysis shall supersede previous results obtained by standard PLM analysis. Samples with analytical results via PLM which indicate that no asbestos was detected are not required to be further analyzed via PLM Point Count or TEM. If trace amounts of asbestos are identified in the inspection, they will be assumed as ACM. F&R will issue a brief report outlining services performed and conclusions as well as representative photographs of materials tested. F&R will also delineate these materials such that, in the event that they constitute ACM, they quantities can be incorporated into the specification documents proposed below. If laboratory data suggests that additional sampling for analysis is warranted, our report will recommend as much. 2.2. Task II: Asbestos Abatement Specification F&R will utilize the results of previous inspection and supplemental sampling to prepare an asbestos abatement specification for the building; a return site visit to confirm the quantities presented in the prior report will be necessary. Note that we plan to use our own template and additional expense would be incurred in the event that an alternate template is required which is specific to the Client, owner, or facility. The specification will be developed by a Maryland Accredited Asbestos Project Designer and reviewed, signed and sealed by a Board for Global EHS Credentialing™ (BGC™) Certified Industrial Hygienist (CIH). The specification will recount the asbestos-containing materials to be removed, estimated quantities, and their general locations, training and licensure requirements of those performing the work, required engineering controls, project monitoring, and final clearance criteria. F&R has assumed that our specifications will be incorporated as part of a larger specification document, to be awarded to one contractor (we have assumed that the abatement will be subcontracted out by the over-all site general contractor). F&R will also provide documentation depicting locations of ACM. F&R will provide two options for work: removal of materials required to be abated and subsequent demolition with non-friable materials left in place OR abatement of all known ACMs prior to demolition. Furthermore, the specification documents will not include such requirements usually found in the Division 1 specifications of a project manual such as insurance and bonding requirements, scheduling, etc. Our specifications will address abatement of identified asbestos containing materials, and define the abatement contractor’s scope of work and outline requirements and procedures that must be followed for this Project. The intent of the specification is to establish requirements based on industry standard best practices such that the Project is completed safely and in compliance with applicable federal and state regulations. Typically, the specification document serves as part of the site owner’s contract with the contractor. F&R has assumed that Airport Design Consultants, Inc. Old Fire Station Demolition & AOA Fence/Access Gate Realignment F&R Proposal No. 2259-00260 – Revision I 5 October 27, 2023 the Owner and/or Architect will attach insurance and bidding requirements section to the specifications. F&R will provide an initial submittal of the deliverables referenced. F&R can provide additional specification preparation support (such as revisions resulting from changes in renovation scope) on a time and materials basis. 2.3. Task III: Lead-Based Paint Disturbance Specification – Add Alternate 1 F&R will prepare a Lead disturbance specification that will outline scopes of work to address identified or assumed Lead-Based Paints (LBP) and/or lead-containing paints that will require proper handling within the area of concern. Our specifications will address disturbance of or impact to identified/presumed LBPs and/or lead- containing paints associated with the building and will define the contractor’s scope of work, outlining requirements and procedures that must be followed for this project. The intent of the specifications is to reduce potential for release of fugitive lead-containing dusts and fumes, detail appropriate training and work practices, and outline procedures for transport and disposal of the construction waste stream with regards to lead. When properly followed, the specifications will conform the work and work practices to compliance with applicable federal and state regulations. F&R does not plan to provide documentation depicting locations of relevant coatings. F&R assumes that the metal components coated with LBP will be removed for recycling. Furthermore, as noted above, the specification documents will not include such requirements usually found in the Division 1 specifications of a project manual such as insurance and bonding requirements, scheduling, etc. Our specifications will address disturbance of identified or assumed Lead-Based Paints (LBP) and/or lead- containing paints that will require proper handling within the area of concern, and define the abatement contractor’s scope of work and outline requirements and procedures that must be followed for this Project. The intent of the specification is to assure that the Project can be completed safely and in compliance with applicable federal and state regulations. Typically, the specification document serves as part of the site owner’s contract with the contractor. F&R has assumed that the Owner and/or Architect will attach insurance and bidding requirements section to the specifications. F&R will provide an initial submittal of the deliverables referenced. As noted above, F&R can provide additional specification preparation support on a time and materials basis. 3.0 SIGNIFICANT ASSUMPTIONS AND EXCLUSIONS For this Project, we have assumed that the Client will provide access to all areas to be surveyed or will provide a site contact to coordinate access. We have also assumed that appropriate fall protection systems and/or rooftop anchors for such systems will be provided by the Client, if required. Note that, based on our understanding of the OSHA Fall Protection Standard, 29 CFR 1926.500(a)(1), fall protection is not required for the services proposed herein. F&R has not planned to observe stipulations outlined in the regulation that are not applicable to this project. If the Client or owner requires observance of such regulatory elements, F&R will rely on others for suitable anchors, fall restraint, fall arrest, or other elements required. F&R has also assumed a reasonable amount of time and number of samples necessary to evaluate the space based on our experience with this type of impact to such a building and familiarity with surveys of this nature. The following services are not included: follow-up supplemental lead evaluation, evaluation of inaccessible materials (including those which are within confined spaces), health and safety of non-F&R personnel, risk assessment services, evaluation of lead based paint film condition, collection of dust wipe, soil, or water samples for lead analysis, evaluation of chemical storage, detailed cost estimates, evaluation of other potentially hazardous materials not detailed herein, sampling and analysis plan development, multiple iterations or Airport Design Consultants, Inc. Old Fire Station Demolition & AOA Fence/Access Gate Realignment F&R Proposal No. 2259-00260 – Revision I 6 October 27, 2023 revisions of the document, submittal review, abatement bid solicitation, abatement monitoring, significant repair to sample locations beyond what is noted, mold or water damage related consultation, and attendance at meetings or services not specifically defined herein. This proposal is based upon performance of work without the need for site specific safety training or personal protective equipment beyond what is routinely employed during inspection services. 4.0 FEES F&R will perform the above noted services on a time and materials basis in accordance with the attached Fee Estimate, which details the hourly rates and quantities anticipated based on our current understanding of the Project. This includes travel time, on-site survey time, analytical fees for samples, report generation, report review, and expenses. Based on observations made during the site visit, the following estimate may or may not accurately depict the actual number of samples that will be collected. The actual number of samples will be driven by the number and variety of materials present. Additional time and material beyond that which is included in the estimated fee will be billed at the prevailing rates for the required personnel and service, subject to your authorization. Should further analysis of asbestos bulk samples via PLM Point Count, analyzed samples shall be billed at the rates in the cost estimate. F&R assumes that Task I, if engaged, will be awarded concurrently with Task III. The presented fees are for the specific services described above. Additionally, this survey will include only those areas in the area to be impacted which are safely or reasonably accessible; areas which are not safely or reasonably accessible (including those which are prohibited or excluded by the site contact) will be excluded and may be noted in the report. 5.0 SCHEDULE FOR SERVICES At this time, we anticipate scheduling the work in accordance with Client needs. After completion of the on- site inspection, the samples will be submitted to the analytical laboratory within two business days. The report will be furnished following completion of site services and the receipt of laboratory analysis. Reporting, including abatement specification preparation, can typically be completed within two weeks of the site visit and receipt of laboratory analyses, if performed. Airport Design Consultants, Inc. Old Fire Station Demolition & AOA Fence/Access Gate Realignment F&R Proposal No. 2259-00260 – Revision I 7 October 27, 2023 6.0 CLOSING If this proposal is acceptable, please indicate your authorization by signing and returning a copy of the Agreement for Environmental Consulting Services. If you should have any questions concerning this Proposal, please contact the undersigned. We appreciate the opportunity to work with you as your Environmental Consultant and look forward to a cordial working relationship with you on this Project. Respectfully submitted, FROEHLING & ROBERTSON, INC. Jesse D. Phillips, CIH, CSP E. Glenn Hargrove, CIH, CSP Practice Leader, Industrial Hygiene Practice Leader and Director, Industrial Hygiene Attachments: General Conditions and Limitations Cost Estimate F&R Environmental Services Agreement Airport Design Consultants, Inc. Old Fire Station Demolition & AOA Fence/Access Gate Realignment F&R Proposal No. 2259-00260 – Revision I 8 October 27, 2023 7.0 GENERAL CONDITIONS AND LIMITATIONS Froehling & Robertson, Inc. by virtue of providing the services described in this proposal does not assume the responsibility of the person(s) in charge of the site, or otherwise undertake responsibility for reporting to local, state or federal agencies conditions at the site that may present a potential danger to public health, safety, or the environment. Under this scope of services, F&R assumes no responsibility regarding response actions (e.g. O&M Plans, Encapsulation, Abatement, Removal, Notifications, etc.) initiated as a result of these findings. F&R assumes no liability for the duties and responsibilities of the Client with respect to compliance with these regulations. The Client agrees to notify the appropriate local, State, or Federal public agencies as required by law, or otherwise to disclose, in a timely manner, any information that may be necessary to prevent any danger to public health, safety, or the environment. In the event that the Project site is not owned by the Client, the Client warrants that they have obtained necessary permissions for F&R to enter onto the site and to conduct the proposed scope of services. In addition, disposal of any samples determined to be a hazardous waste will be the responsibility of the Client. The scope of work will be limited to what is provided for in this proposal. By engaging F&R, Client warrants that they have full legal authorization to admit F&R onto the site to perform the above proposed scope of work; F&R will rely on the Client to coordinate or notify occupant(s) as legally required. This evaluation may not constitute a comprehensive or exhaustive evaluation of the site and our services will target the materials outlined above in the areas of concern as reported by the Client. Our observations and recommendations will be based upon conditions reported by the Client, conditions readily visible at the site at the time of our site visit, analytical tests, and in general accordance with current accepted industry standards. Under this scope of services, suspect asbestos containing materials samples will be submitted for laboratory analysis using a standard industry approach. As with any similar survey of this nature, actual conditions exist only at the precise locations from which visual observations, suspect samples, or readings were collected. Certain inferences are based on the results of this visual review, sampling and related testing to form a professional opinion of conditions in areas beyond those from which the samples were collected. No other warranty, expressed or implied, is made. When hazardous materials are known, assumed or suspected to exist at a site, F&R is required to take appropriate precautions to protect the health and safety of personnel, to comply with applicable laws and regulations, and to follow procedures that an engineer deemed prudent to minimize physical risks to employees and the public. The Client hereby warrants that, if he knows or has any reason to assume or suspect that hazardous materials may exist at the Project site, the Client has so informed F&R. If, during the conduct of the study, the presence of chemical or toxic/hazardous materials are indicated or if insufficient information is available to render a conclusion, the work scope and associated costs may have to be expanded. We will advise you if additional work and costs are necessary prior to undertaking the additional work. These services will consist solely of those described herein and will not be based upon scientific or technical tests or procedures beyond the scope of described services. These services may require decisions that are not based upon pure science but rather upon judgmental considerations. If pollutants are discovered that, in our sole opinion, pose unanticipated risks, it is hereby agreed that the scope of services, schedule and the estimated costs will be reconsidered and that this contract shall immediately become subject to renegotiation or, in the sole discretion of Froehling & Robertson, termination. The Client recognizes that a discovery of hazardous materials or suspected hazardous materials may result in a significant reduction in the site's property value. As with all site assessments, the level of information obtained is a function of both time and budgetary constraints. The General Conditions for Environmental Consulting Services outlined in F&R Form No. 1031, Airport Design Consultants, Inc. Old Fire Station Demolition & AOA Fence/Access Gate Realignment F&R Proposal No. 2259-00260 – Revision I 9 October 27, 2023 attached, are generally incorporated into this proposal, by reference. If this proposal is not accepted within thirty (30) days (or if the services are not preformed within 180 days of engagement), F&R reserves the right to renegotiate the cost quoted. Item Quantity Units Rate Total Task I: Supplemental Sampling Event Field Investigation Services 2 hour $225.00 $450.00 1 event $25.00 $25.00 1 event $20.00 $20.00 Subtotal $495.00 Laboratory Analysis 12 each $10.00 $120.00 0 each $40.00 $0.00 0 each $83.00 $0.00 Subtotal $120.00 Report Preparation, Review, and Project Administration 5 hour $225.00 $1,125.00 1 hour $160.00 $160.00 Subtotal $1,285.00 Tasks I Subtotal $1,900.00 Tasks II & LII: Specification Preparation Specifications and O&M Plans 1 plan $2,225.00 $2,225.00 1 spec $1,825.00 $1,825.00 Tasks IV & V Subtotal $4,050.00 Grand Total $5,950.00 Comments: Certified Industrial Hygienist Cost Estimate Environmental Services Old Fire Station Demolition & AOA Fence/Access Gate Realignment 18434 Showalter Road Hagerstown, MD 27142 Proposal Number 2259-00260 - Revision I Asbestos TEM (bulk-24 hour TA) Sample Shipping Sampling Equipment and Supplies Asbestos Asbestos PLM (bulk-Standard TA) Asbestos 400 Point Count (bulk-24 hour TA) Certified Industrial Hygienist Environmental Project Manager This Budget is based on our experience with similar projects and the projected amount of work that is anticipated to accomplish the project objectives. If unusual conditions are encountered that could affect the performance of the project, we would notify you immediately, so that appropriate changes could be made to the Scope of Services and the proposed Budget be adjusted accordingly, if necessary. Asbestos Abatement Specification Plan Lead Disturbance Specifications Signer’s Initials _______ Date _______ March 14, 2024 Mr. Ronald N. Morris, PE, CM Airport Design Consultants, Inc. 6031 University Boulevard, Suite 330 Ellicott City, Maryland 21043 RE: Environmental Consulting Services Proposal Hagerstown Regional Airport Aircraft Rescue and Fire Fighting (ARFF) Building Demolition and Fence Realignment Dear Mr. Morris: Arc Environmental is pleased to provide this proposal to provide environmental consulting services for the Aircraft Rescue and Fire Fighting (ARFF) Demolition and Fence Realignment project at the Hagerstown Regional Airport (Site) on behalf of Airport Design Consultants, Inc. (Client). SCOPE OF WORK The Scope of Work consists of the following two tasks: TASK 1 – SITE SPECIFIC HEALTH AND SAFETY PLAN PREPRATION AND DEMOLITION SPECIFICATION REVIEW Arc Environmental will prepare a Site-specific Health and Safety Plan (HASP) for use during excavation activities at the Site. The HASP will describe specific safety protocols for use by Site workers that may contact impacted groundwater during fence post hole excavation. The HASP will provide details of personal protective equipment requirements and emergency protocols and contacts. Arc Environmental will provide an electronic copy of the HASP to the Client. Additionally, Arc Environmental will review the portions of the ARFF building demolition specification relating to hazardous and regulated material abatement, handling, and disposal. TASK 2 – CONSTRUCTION PHASE SERVICES Arc Environmental will conduct up to three (3) Site inspections during demolition and fence realignment activities. Each Site visit includes up to 8-hours on-Site. During the final site inspection, Arc will collect one (1) sample from the excess soils stockpile, if any, for the list of analytes provided by the Environmental Protection Agency (EPA) and Maryland Department of the Environment (MDE) plus additional the parameters typically required for acceptance into a disposal facility: • TAL Volatile Organic Compounds (VOCs) by EPA Method 8260 • TAL Semi-Volatile Organic Compounds (SVOCs) by EPA Method 8270 • TAL metals and mercury (Hg) by EPA Method 6020B Environmental Consulting Services Proposal Hagerstwon Airport ARFF Building Demolition and Fence Realignment March 14, 2024 Page 2 of 5 Signer’s Initials _______ Date _______ • Hexavalent chromium EPA Method 7196 • Per- and polyfluorinated compounds (PFAS) (UCMR 5 List) by EPA Method 537.1 Modified Version 2.0 (EPA 2020b) and 533 Modified • Total Petroleum Hydrocarbons Diesel and Gasoline Range Organics (TPH-DRO/GRO) by EPA Method 8015 • Oil & Grease by EPA Method 9017 • Polychlorinated Biphenyls (PCBs) by EPA Method 8082 • Total Organic Halogens (TOX) by EPA Method 9078 • Full Toxicity Characterization Leaching Procedure (TCLP) by EPA Methods 1311, 6020, 8260, 8270, 8081, and 8151 Please note, the selected disposal facility may require additional analyses for acceptance into the facility. These additional analyses will not be known until a disposal facility is selected A daily field report will be prepared for each Site inspection summarizing the tasks completed and observations made. And a more formal waste characterization report will be prepared to summarize the waste characterization sample collection and analysis. COST PROPOSAL The above scope of work will be completed for the following fees: TASK 1: HASP Preparation and Specification Review Task 1 will be completed for a fixed fee of five thousand two hundred eighty dollars ($5,280.00). TASK 2: Construction Phase Services Task 2 will be completed on a Cost + Fixed Fee basis for a Not to Exceed cost of $8,071.51. See attached Table 1 for a breakdown of costs. We appreciate the opportunity to provide this proposal package. The proposal package consists of three inseparable parts: the Proposed Scope of Work, the Cost Proposal, and the Terms and Conditions. Engagement of Arc Environmental acknowledges acceptance of all three inseparable parts of the proposal. Please sign, initial, and date each page and return the entire package to our office by mail or email. If you have questions or concerns, please do not hesitate to contact me. Respectfully Submitted, Arc Environmental David M. Leety, P.G. Director of Environmental Site Assessment and Remediation Services Environmental Consulting Services Proposal Hagerstwon Airport ARFF Building Demolition and Fence Realignment March 14, 2024 Page 3 of 5 Signer’s Initials _______ Date _______ ACCEPTED AND AGREED: Client/Client's Authorized Representative Print Name: ________________________ Title: Signature: ________________________ Date: Environmental Consulting Services Proposal Hagerstwon Airport ARFF Building Demolition and Fence Realignment March 14, 2024 Page 4 of 5 Signer’s Initials _______ Date _______ TERMS AND CONDITIONS Terms and Conditions: These Terms and Conditions take precedence over any other contract, terms, conditions, or other agreement, whether previously signed and agreed or not. These Terms and Conditions may be modified only by written amendment signed by authorized representatives of both parties. No terms, conditions, course of dealing, course of performance, usage of trade, understandings, purchase orders, or contract purporting to modify, vary, supplement, or explain and provision of these Terms and Conditions shall be effective unless in writing and signed by authorized representatives of both parties. Any attempt by Client through a change order modification, job order, purchase order, invoice, or other document, to vary in any degree any of the terms of these Terms and Conditions shall be void and of no effect, unless this provision is expressly waived in an amendment executed as specified above. Payment. Arc Environmental will invoice the Client monthly or upon completion of services, with payment terms being net thirty days of dated invoice and monthly late fees of 1.5% on any outstanding balance past thirty days of dated invoice, in which case the account is considered delinquent. Payments by Mastercard or Visa will incur a 5% transaction fee if the charges exceed $500 over a rolling 6 -month period of time. ACH and EFT payments do not incur a transaction fee at any time, regardless of the amount. Under no circumstances shall the Client's payment to Arc Environmental be contingent upon the Client's claim of compensation or anticipated receipt of payment from any third party. The Client agrees to pay all attorney’s fees, costs, expenses and losses incurred by Arc Environmental in the collection of payment. Arc Environmental’s remedies hereunder are cumulative and in addition to, and not in lieu of, any other remedies allowed by law or equity except where specifically stated otherwise herein. No work product, deliverable, or other materials will be released or provided to the Client until delinquent accounts have been satisfied in full. Arc Environmental may suspend work and vacate the site without liability if payment is not received. Authority; Binding Effect. In the event Client is a corporation, partnership, limited liability company, or any other legal entity, the individual whose signature appears on the proposal, whether executing the proposal on behalf of Client or otherwise, hereby (i) represents and warrants that he or she has the authority to bind the undersigned entity, (ii) agrees to be bound by the terms and conditions set forth in the proposal, and (iii) personally guarantees, jointly and severally with Client, payment for any and all services, costs, fees, charges, and expenses arising out of, or due in connection with, the proposal or Arc Environmental’s work for Client. On-Site Inspection and Sampling. Except to the extent directly caused by the gross negligence or willful misconduct of Arc Environmental, the Client agrees that Arc Environmental shall not be responsible or liable in any manner for damages to the Site due to intrusive testing or sampling procedures, nor shall Arc Environmental be responsible or liable for exposing any hazardous materials or substances (defined below) contained within the Site upon which testing or sampling shall occur. Client grants or shall obtain access rights to all parts of the Site necessary for Arc Environmental’s completion of services and represents that it has or will obtain prior to commencement of the work all necessary permits or licenses, unless otherwise specified in the proposal. Client will provide Arc Environmental with complete and accurate information necessary for the performance of the services, including but not limited to all diagrams, plats, and records related to the Site. Arc Environmental will not retain samples unless specified in the proposal or required by law. Insurance. Arc Environmental maintains the following insurance coverage: Commercial General Liability: $2M Occ/Agg Automobile Liability: $1M Occ/Agg Workers Compensation: $1M Umbrella Liability: $2M Occ/Agg Pollution/Professional Liability: $2M Occ/Agg If Client requires additional coverage, endorsements (e.g. additional insured, waiver of subrogation, notice of cancellation, etc.), or other changes, Client agrees to pay for the costs associated with the additional coverage, endorsements, or other changes. Hazardous Conditions or Substances. Client acknowledges that Arc Environmental neither created nor contributed to the creation or existence at the Site of any hazardous, toxic, or radioactive substances, materials, irritants, pollutants, or contaminants as defined, listed, or regulated by any federal, state, or local law, regulation, ordinance, or order (“hazardous materials or substances”). In the event any unforeseen hazardous materials or substances or conditions are encountered during the performance of services which, in the reasonable judgment of Arc Environmental may significantly affect the services or the risk involved in provision of the services, Arc Environmental may immediately suspend work. All hazardous and non-hazardous waste generated at the Site is the property of Client. Except for claims arising from Arc Environmental’s gross negligence or willful misconduct, Client agrees to indemnify and hold harmless Arc Environmental against any and all losses, claims, costs, liabilities, actions, proceedings, damages, injuries or expenses sustained by any party, including the United States or any governmental body, related to exposure, release, discharge, spillage, migration or the presence of any hazardous materials or substances at the Site, including but not limited to (i) claims that Arc Environmental is a handler, generator, operator, treater, storer, transporter or disposer under any federal, state, or local law, regulation, ordinance, or order and (ii) claims related to Client’s or a third party’s violation of any federal, state, or local law, regulation, ordinance, or order before or after the completion of services. Errors, Omissions, or Equipment Malfunction and Liability Limitation; Force Majeure. In the event of the gross negligence or willful misconduct in the performance of Arc Environmental’s services or the failure or malfunction of any equipment that is caused solely and directly by Arc Environmental (except to the extent that any failure or malfunction of equipment was caused by, or the result of, misinformation given by the Client, or an action of the Client or the Client’s guests or invitees), Arc Environmental agrees to complete the contracted Site work without additional costs or charges to the Client. Arc Environmental shall attempt to overcome, but shall not be liable for, any loss or damage from delay in performance of the services as a result of causes of any kind beyond the reasonable control of Arc Environmental, such as, but not limited to, strikes or other labor difficulties, war, riots, changes in laws and regulations and other acts of governmental authorities, inclement weather, fire, flood, unavoidable casualties, delays in transportation of materials, or inability to obtain timely delivery of materials from suppliers. In the event of any such delay, Arc Environmental will notify Client within a reasonable time and it is agreed that the time for performance shall be extended for a period of time at least equal to the time lost by reason of the delay. In no event shall the liability of Arc Environmental pursuant to these terms and condition or the proposal exceed the limits of insurance listed ab ove. IN NO EVENT SHALL ARC ENVIRONMENTAL BE LIABLE IN CONTRACT OR IN TORT OR UNDER ANY OTHER LEGAL CONTEXT OR THEORY, INCLUDING NEGLIGENCE OR STRICT LIABILITY, FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR CHARACTER, WHETHER SUFFERED BY CLIENT OR ANY THIRD PARTY, OR FOR ANY LOSS OR DAMAGE ARISING OUT OF THE SOLE OR CONTRIBUTORY NEGLIGENCE OF CLIENT, ITS EMPLOYEES OR AGENTS OR ANY THIRD PARTY. Limitations. No assurance will be made regarding areas of the site or buildings that were inaccessible or obscured from plain view. Arc Environmental will not and does not warrant that there are no toxic or hazardous materials or contamination at the Site, nor does Arc Environmental accept any liability if any such conditions are found at some future time or could have been found if more comprehensive studies were conducted. Arc Environmental is not responsible for the interpretation of its data by third parties, for the information developed by third parties from such data, or for the failure of third parties to make relevant information properly available. All data, documents, and reports produced or delivered by Arc Environmental are for the exclusive use of the Client only and no other party may rely on such data, documents or reports unless expressly authorized in writing by Arc Environmental. In addition, Arc Environmental is not responsible for changes in regulations or laws that occur after any study has been completed and which may affect the site or building. Arc Environmental makes no representations, warranties or guarantees regarding the Client’s qualification for protection under any federal, state or local laws, rules, regulations, or ordinances. General. These terms and conditions are binding upon and shall inure to the benefit of the parties hereto, and their respective personal representatives, heirs, Environmental Consulting Services Proposal Hagerstwon Airport ARFF Building Demolition and Fence Realignment March 14, 2024 Page 5 of 5 Signer’s Initials _______ Date _______ successors, and assigns. These terms and conditions and the proposal shall be governed by the laws of the State of Maryland without regard to any conflicts of laws rules. Whenever possible, each provision hereof will be interpreted in such manner as to be effective and valid under applicable law, but if any provision is held to be prohibited by or invalid under applicable law, such provision will be deemed severable and ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions hereof. These terms and conditions and the proposal constitute the entire and integrated agreement and understanding between the parties with respect to the subject matter hereof, and may only be modified by an agreement signed by all of the parties hereto. A waiver of any term herein or the acquiescence by Arc Environmental to insist upon strict compliance with any term or condition recited herein shall not constitute a waiver or any subsequent default or failure, whether similar or dissimilar. . TABLE 1 - SUPPLIES OR SERVICES AND PRICE/COSTS Hagerstown Airport Rescue and Firefighting Building Demolition and Fence Realignment Ho u r l y R a t e s Tas k 1 E n v i r o n m e n t a l S i t e Visit s Task 1 E x t e n d e d C o s t Tas k 2 L a b o r a t o r y A n a l y s i s and r e p o r t i n g Task 2 E x t e n d e d C o s t Tota l H o u r s Tot a l E x t e n d e d C o s t Subt o t a l p e r G r o u p Labor $4,579.04 Senior Manager $143.66 6 $861.96 2 $287.32 8 $1,149.28 Project Scientist / Industrial Hygienist $74.56 42 $3,131.52 4 $298.24 46 $3,429.76 Travel & Per Diem Fees $353.70 Meals & Incidentials (per diem)59.00$ Rental Car (per day)135.00$ Rental Car Gas (per Tank)75.00$ Mileage (per mile) (GSA Rate)0.655$ 540 $353.70 $0.00 $353.70 Lodging (per night)107.00$ Other Direct Costs (ODCs)$2,405.00 Photoionization Detector (PID) (per day)$150.00 1 $150.00 $150.00 Nitrile Gloves (per pair)$1.50 10 $15.00 $15.00 Lab Analysis - TAL VOCs Low Level by EPA 5035/8260 $135.00 1 $135.00 $135.00 Lab Analysis - TAL SVOCs by EPA 8270 $200.00 1 $200.00 $200.00 Lab Analysis - TAL Metals & Mercury by ICP-AES $180.00 1 $180.00 $180.00 Lab Analysis - Hexavalent Chromium by EPA 3060A/7199 or equivalent $65.00 1 $65.00 $65.00 Lab Analysis - PFAS UCMR 5 List by EPA 537.1 modified version 2.0 and 533 Modified $675.00 1 $675.00 $675.00 Lab Analysis - TPH-DRO/GRO by EPA 8015 $100.00 1 $100.00 $100.00 Lab Analysis - Oil & Grease by EPA 9017 $60.00 1 $60.00 $60.00 Lab Analysis - PCBs by EPA 8082 $70.00 1 $70.00 $70.00 Lab Analysis - TOX by 9078 $60.00 1 $60.00 $60.00 Lab Analysis - Full TCLP by 1311, 6020, 8260, 8270, 8081, and 8151 $695.00 1 $695.00 $695.00 Totals Sub-total this Proposal 48 $4,512.18 6 $2,825.56 54 $7,337.74 $7,337.74 Profit 10%$451.22 $282.56 $733.77 $733.77 Total for this Proposal $4,963.40 $3,108.12 $8,071.51 $8,071.51 1 Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-1 ATTACHMENT A – FEDERAL CONTRACT PROVISIONS FOR AIRPORT IMPROVEMENT PROGRAM PROJECTS (Issued on May 24, 2023) Contents A1 ACCESS TO RECORDS AND REPORTS .................................................................................................... 2 A2 AFFIRMATIVE ACTION REQUIREMENT ................................................................................................ 2 A3 BREACH OF CONTRACT TERMS .............................................................................................................. 3 A4 BUY AMERICAN PREFERENCE ................................................................................................................ 3 A5 CIVIL RIGHTS - GENERAL ......................................................................................................................... 4 A6 CIVIL RIGHTS – TITLE VI ASSURANCE .................................................................................................. 4 A7 CLEAN AIR AND WATER POLLUTION CONTROL ................................................................................ 6 A8 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS ............................. 6 A9 COPELAND “ANTI-KICKBACK” ACT ...................................................................................................... 7 A10 DAVIS-BACON REQUIREMENTS ......................................................................................................... 7 A11 DEBARMENT AND SUSPENSION ....................................................................................................... 12 A12 DISADVANTAGED BUSINESS ENTERPRISE .................................................................................... 13 A13 DISTRACTED DRIVING ........................................................................................................................ 14 A14 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT ............................................................................................................................... 14 A15 DRUG FREE WORKPLACE REQUIREMENTS – ................................................................................ 14 A16 EQUAL EMPLOYMENT OPPORTUNITY (EEO) ................................................................................ 15 A17 FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) ................................ 20 A18 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES ............................................................. 20 A19 PROHIBITION OF SEGREGATED FACILITIES .................................................................................. 21 A20 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 ................................................................. 21 A21 PROCUREMENT OF RECOVERED MATERIALS .............................................................................. 21 A22 RIGHT TO INVENTIONS ....................................................................................................................... 22 A23 SEISMIC SAFETY ................................................................................................................................... 22 A24 TAX DELINQUENCY AND FELONY CONVICTIONS ....................................................................... 22 A25 TERMINATION OF CONTRACT........................................................................................................... 23 A26 TRADE RESTRICTION CERTIFICATION ........................................................................................... 24 A27 VETERAN’S PREFERENCE ................................................................................................................... 25 A28 DOMESTIC PREFERENCES FOR PROCUREMENTS ........................................................................ 25 Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-2 A1 ACCESS TO RECORDS AND REPORTS ACCESS TO RECORDS AND REPORTS The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the Owner, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. A2 AFFIRMATIVE ACTION REQUIREMENT NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY This notice applies to any professional service agreement if the professional services agreement includes tasks that meet the definition of construction work, as defined by the U.S. Department of Labor (DOL), and exceeds $10,000. Examples include installation of monitoring systems (e.g., noise, environmental, etc.). N/A for this Proposal. 1. The Offeror’s or Bidder’s attention is called to the “Equal Opportunity Clause” and the “Standard Federal Equal Employment Opportunity Construction Contract Specifications” set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetables Goals for minority participation for each trade: 25.2% Goals for female participation in each trade: 6.9% These goals are applicable to all of the Contractor’s construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non-federally involved construction. The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a) and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-3 and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. 4. As used in this notice and in the contract resulting from this solicitation, the “covered area” is Economic Area 020, Hagerstown, Washington County, Maryland. A3 BREACH OF CONTRACT TERMS This provision is required for all contracts that exceed the simplified acquisition threshold as stated in 2 CFR Part 200, Appendix II (A). This threshold is occasionally adjusted for inflation and is $250,000. Any violation or breach of terms of this contract on the part of the Consultant or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. Owner will provide the Consultant written notice that describes the nature of the breach and corrective actions the Consultant must undertake in order to avoid termination of the contract. Owner reserves the right to withhold payments to the Consultant until such time the Consultant corrects the breach or the Owner elects to terminate the contract. The Owner’s notice will identify a specific date by which the Consultant must correct the breach. Owner may proceed with termination of the contract if the Consultant fails to correct the breach by the deadline indicated in the Owner’s notice. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. A4 BUY AMERICAN PREFERENCE N/A for this Proposal. The Contractor certifies that its bid/offer is in compliance with 49 USC § 50101, BABA and other related Made in America Laws,1 U.S. statutes, guidance, and FAA policies, which provide that Federal funds may not be obligated unless all iron, steel and manufactured goods used in AIP funded projects are produced in the United States, unless the Federal Aviation Administration has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list. The bidder or offeror must complete and submit the certification of compliance with FAA’s Buy American Preference, BABA and Made in America laws included herein with their bid or offer. The Airport Sponsor/Owner will reject as nonresponsive any bid or offer that does not include a completed certification of compliance with FAA’s Buy American Preference and BABA. The bidder or offeror certifies that all constructions materials, defined to mean an article, material, or supply other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of: non-ferrous metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-4 in fiber optic cables); glass (including optic glass); lumber; or drywall used in the project are manufactured in the U.S. A5 CIVIL RIGHTS - GENERAL GENERAL CIVIL RIGHTS PROVISIONS In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. The above provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract. A6 CIVIL RIGHTS – TITLE VI ASSURANCE Title VI Solicitation Notice: The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, [select businesses, or disadvantaged business enterprises or airport concession disadvantaged business enterprises] will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an award. Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:  Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin);  49 CFR part 21 (Non-discrimination in Federally-Assisted programs of the Department of Transportation— Effectuation of Title VI of the Civil Rights Act of 1964);  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);  Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance);  The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);  Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex);  The Civil Rights Restoration Act of 1987 (PL 100-259) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-5 Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);  Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq) (prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38;  The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations (ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);  Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs [70 Fed. Reg. 74087 (2005)];  Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC § 1681, et seq). Compliance with Nondiscrimination Requirements: During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”), agrees as follows: 1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. 3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the contractor’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin. 4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the Sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-6 5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the non- discrimination provisions of this contract, the Sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the Sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the Sponsor to enter into any litigation to protect the interests of the Sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. A7 CLEAN AIR AND WATER POLLUTION CONTROL This provision is required for all contracts and lower tier contracts that exceed $150,000. Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC §§ 7401-7671q) and the Federal Water Pollution Control Act as amended (33 USC §§ 1251-1387). The Contractor agrees to report any violation to the Owner immediately upon discovery. The Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration. A8 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS This provision applies to professional service agreements that exceed $100,000 and employs laborers, mechanics, watchmen, and guards. This includes members of survey crews and exploratory drilling operations. N/A for this Proposal. 1. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph (1) of this clause, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this clause, in the sum of $29 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this clause. Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-7 3. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration (FAA) or the Owner shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this clause. 4. Subcontractors. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this clause. A9 COPELAND “ANTI-KICKBACK” ACT This provision applies when Professional Service Agreements (PSAs) include tasks that meet the definition of construction, alteration, or repair, as defined in 29 CFR Part 5, and it exceeds $2,000. N/A for this Proposal. Contractor must comply with the requirements of the Copeland “Anti-Kickback” Act (18 USC 874 and 40 USC 3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor must submit to the Owner, a weekly statement on the wages paid to each employee performing on covered work during the prior week. Owner must report any violations of the Act to the Federal Aviation Administration. A10 DAVIS-BACON REQUIREMENTS This provision applies when Professional Service Agreements (PSAs) include tasks that meet the definition of construction, alteration, or repair, as defined in 29 CFR Part 5, and it exceeds $2,000. N/A for this Proposal. 1. Minimum Wages. (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis- Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-8 actually performed, without regard to skill, except as provided in 29 CFR § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the Contractor, the laborers, or mechanics to be employed in the classification, or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-9 2. Withholding. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the Contractor, Sponsor, Applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and Basic Records. (i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis-Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records that show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant, Sponsor, or Owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR § 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at https://www.dol.gov/agencies/whd/government-contracts/construction/payroll-certification or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker and shall provide them upon request to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit them to the applicant, Sponsor, or Owner, as the case may be, for transmission to the Federal Aviation Administration, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-10 security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, Sponsor, or Owner). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR § 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i), and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH- 347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The Contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Sponsor, the Federal Aviation Administration, or the Department of Labor and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, Sponsor, applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR § 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-11 the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the Contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR § 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination that provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements. The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. 6. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR §§ 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-12 a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR § 5.5. 7. Contract Termination: Debarment. A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR § 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of Eligibility. (i) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR § 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR § 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC § 1001. A11 DEBARMENT AND SUSPENSION This provision applies to covered transactions, which are defined in 2 CFR part 180 (Subpart B). AIP funded contracts are non-procurement transactions, as defined by 2 CFR § 180.970. Covered transactions include any AIP- funded contract, regardless of tier, that is awarded by a contractor, subcontractor, supplier, consultant, or its agent or representative in any transaction, if the amount of the contract is expected to equal or exceed $25,000. This includes contracts associated with land acquisition projects. CERTIFICATION OF OFFEROR/BIDDER REGARDING DEBARMENT By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction . CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction”, must confirm each lower tier participant of a “covered transaction” under the project is not presently debarred or otherwise disqualified from participation in this federally-assisted project. The successful bidder will accomplish this by: 1. Checking the System for Award Management at website: http://www.sam.gov. Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-13 2. Collecting a certification statement similar to the Certification of Offeror /Bidder Regarding Debarment, above. 3. Inserting a clause or condition in the covered transaction with the lower tier contract. If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant. A12 DISADVANTAGED BUSINESS ENTERPRISE The requirements of 49 CFR part 26 apply to this contract. It is the policy of the Board of County Commissioners of Washington County, Maryland to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. The Owner encourages participation by all firms qualifying under this solicitation regardless of business size or ownership. The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: 1) Withholding monthly progress payments; 2) Assessing sanctions; 3) Liquidated damages; and/or 4) Disqualifying the Contractor from future bidding as non-responsible. Prompt Payment (49 CFR § 26.29) The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives from the Board of County Commissioners of Washington County, Maryland. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Board of County Commissioners of Washington County, Maryland. This clause applies to both DBE and non-DBE subcontractors. Termination of DBE Subcontracts (49 CFR § 26.53(f)) The prime contractor must not terminate a DBE subcontractor listed in response to this Proposal (or an approved substitute DBE firm) without prior written consent of the Board of County Commissioners of Washington County, Maryland. This includes, but is not limited to, instances in which the prime contractor seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate, a non-DBE firm, or with another DBE firm. The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains written consent from the Board of County Commissioners of Washington County, Maryland. Unless the Board of County Commissioners of Washington County, Maryland Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-14 consent is provided, the prime contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. The Board of County Commissioners of Washington County, Maryland may provide such written consent only if the Board of County Commissioners of Washington County, Maryland agrees, for reasons stated in the concurrence document, that the prime contractor has good cause to terminate the DBE firm. For purposes of this paragraph, good cause includes the circumstances listed in 49 CFR §26.53. Before transmitting to the Board of County Commissioners of Washington County, Maryland its request to terminate and/or substitute a DBE subcontractor, the prime contractor must give notice in writing to the DBE subcontractor, with a copy to the Board of County Commissioners of Washington County, Maryland, of its intent to request to terminate and/or substitute, and the reason for the request. The prime contractor must give the DBE five days to respond to the prime contractor's notice and advise [Name of Recipient] and the contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why the Board of County Commissioners of Washington County, Maryland should not approve the prime contractor's action. If required in a particular case as a matter of public necessity (e.g., safety), the Board of County Commissioners of Washington County, Maryland may provide a response period shorter than five days. In addition to post-award terminations, the provisions of this section apply to pre-award deletions of or substitutions for DBE firms put forward by offerors in negotiated procurements. A13 DISTRACTED DRIVING In accordance with Executive Order 13513, “Federal Leadership on Reducing Text Messaging While Driving”, (10/1/2009) and DOT Order 3902.10, “Text Messaging While Driving”, (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant. In support of this initiative, the Owner encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub-tier contracts exceeding $10,000 that involve driving a motor vehicle in performance of work activities associated with the project. A14 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT Contractor and Subcontractor agree to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [Public Law 115-232 § 889(f)(1)]. A15 DRUG FREE WORKPLACE REQUIREMENTS – N/A (Sponsor Only) Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-15 A16 EQUAL EMPLOYMENT OPPORTUNITY (EEO) EQUAL OPPORTUNITY CLAUSE During the performance of this contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers’ representative of the Contractor’s commitments under this section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-16 Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance : Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS 1. As used in these specifications: a. “Covered area” means the geographical area described in the solicitation from which this contract resulted; b. “Director” means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; c. “Employer identification number” means the Federal social security number used on the Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. “Minority” includes: (1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR part 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor’s or subcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-17 reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor’s obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor’s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor’s employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations’ responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the- street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor’s efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-18 to the Contractor’s employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor’s EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company’s EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor’s EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor’s EEO policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor’s recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor’s work force. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60- 3. l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor’s obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-19 p. Conduct a review, at least annually, of all supervisor’s adherence to and performance under the Contractor’s EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the Contractor is a member and participant may be asserted as fulfilling any one or more of its obligations under 7a through 7p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor’s minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor’s and failure of such a group to fulfill an obligation shall not be a defense for the Contractor’s noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, sexual orientation, gender identity, or national origin. 11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR part 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-20 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g. those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). A17 FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) 29 CFR § 213 exempts employees in a bona fide executive, administrative or professional capacity. Because professional firms employ individuals that are not covered by this exemption, the Sponsor’s agreement hereby includes this FLSA provision. All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, et seq, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part- time workers. The Consultant has full responsibility to monitor compliance to the referenced statute or regulation. The Consultant must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division. A18 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES The Bidder or Offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-21 A19 PROHIBITION OF SEGREGATED FACILITIES This provision applies to professional services that include tasks that qualify as construction work as defined by 41 CFR part 60-1. Examples include the installation of noise monitoring equipment. N/A for this Proposal. (a) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Employment Opportunity clause in this contract. (b) “Segregated facilities,” as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user restrooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Employment Opportunity clause of this contract. A20 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer retains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (29 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration. A21 PROCUREMENT OF RECOVERED MATERIALS Include this provision if the agreement includes procurement of a product that exceeds $10,000. N/A for this Proposal. Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors are to use products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever: The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year. The list of EPA-designated items is available at www.epa.gov/smm/comprehensive-procurement-guidelines- construction-products. Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated products if the contractor can demonstrate the item is: Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-22 a) Not reasonably available within a timeframe providing for compliance with the contract performance schedule; b) Fails to meet reasonable contract performance requirements; or c) Is only available at an unreasonable price. A22 RIGHT TO INVENTIONS Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the Owner in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within 37 CFR § 401.14. Contractor must include this requirement in all sub-tier contracts involving experimental, developmental, or research work. A23 SEISMIC SAFETY Sponsor must incorporate this clause in any contract involved in the construction of new buildings or structural addition to existing buildings. N/A for this Proposal. In the performance of design services, the Consultant agrees to furnish a building design and associated construction specification that conform to a building code standard that provides a level of seismic safety substantially equivalent to standards as established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their building code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At the conclusion of the design services, the Consultant agrees to furnish the Owner a “certification of compliance” that attests conformance of the building design and the construction specifications with the seismic standards of NEHRP or an equivalent building code. A24 TAX DELINQUENCY AND FELONY CONVICTIONS The applicant must complete the following two certification statements. The applicant must indicate its current status as it relates to tax delinquency and felony conviction by inserting a checkmark () in the space following the applicable response. The applicant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification in all lower tier subcontracts. Certifications The applicant represents that it is ( ) is not (  ) a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. The applicant represents that it is ( ) is not (  ) a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. Note If an applicant responds in the affirmative to either of the above representations, the applicant is ineligible to receive an award unless the Sponsor has received notification from the agency suspension and debarment official (SDO) that the SDO has considered suspension or debarment and determined that further action is not required to protect the Government’s interests. The applicant therefore must provide information to the owner about its tax liability or Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-23 conviction to the Owner, who will then notify the FAA Airports District Office, which will then notify the agency’s SDO to facilitate completion of the required considerations before award decisions are made. Term Definitions Felony conviction: Felony conviction means a conviction within the preceding twenty-four (24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. Code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 USC § 3559. Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. A25 TERMINATION OF CONTRACT The Owner may, by written notice to the Consultant, terminate this Agreement for its convenience and without cause or default on the part of Consultant. Upon receipt of the notice of termination, except as explicitly directed by the Owner, the Contractor must immediately discontinue all services affected. Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete. Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non- performed services. Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. TERMINATION FOR CAUSE (PROFESSIONAL SERVICES) Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are essential to the completion of the work per the terms and conditions of the Agreement. The party initiating the termination action must allow the breaching party an opportunity to dispute or cure the breach. The terminating party must provide the breaching party [7] days advance written notice of its intent to terminate the Agreement. The notice must specify the nature and extent of the breach, the conditions necessary to cure the breach, and the effective date of the termination action. The rights and remedies in this clause are in addition to any other rights and remedies provided by law or under this agreement. a) Termination by Owner: The Owner may terminate this Agreement for cause in whole or in part, for the failure of the Consultant to: 1. Perform the services within the time specified in this contract or by Owner approved extension; 2. Make adequate progress so as to endanger satisfactory performance of the Project; or 3. Fulfill the obligations of the Agreement that are essential to the completion of the Project. Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-24 Upon receipt of the notice of termination, the Consultant must immediately discontinue all services affected unless the notice directs otherwise. Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete. Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non-performed services. Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. If, after finalization of the termination action, the Owner determines the Consultant was not in default of the Agreement, the rights and obligations of the parties shall be the same as if the Owner issued the termination for the convenience of the Owner. b) Termination by Consultant: The Consultant may terminate this Agreement for cause in whole or in part, if the Owner: 1. Defaults on its obligations under this Agreement; 2. Fails to make payment to the Consultant in accordance with the terms of this Agreement; 3. Suspends the project for more than [180] days due to reasons beyond the control of the Consultant. Upon receipt of a notice of termination from the Consultant, Owner agrees to cooperate with Consultant for the purpose of terminating the agreement or portion thereof, by mutual consent. If Owner and Consultant cannot reach mutual agreement on the termination settlement, the Consultant may, without prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement based upon the Owner’s breach of the contract. In the event of termination due to Owner breach, the Consultant is entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all justified reimbursable expenses incurred by the Consultant through the effective date of termination action. Owner agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. A26 TRADE RESTRICTION CERTIFICATION By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror – 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR); 2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and 3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR. Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-25 This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC § 1001. The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR § 30.17, no contract shall be awarded to an Offeror or subcontractor: 1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR; or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list; or 3) who incorporates in the public works project any product of a foreign country on such USTR list. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA. A27 VETERAN’S PREFERENCE In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC § 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. A28 DOMESTIC PREFERENCES FOR PROCUREMENTS The Bidder or Offeror certifies by signing and submitting this bid or proposal that, to the greatest extent practicable, the Bidder or Offeror has provided a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including, but not limited to, iron, aluminum, steel, cement, and other manufactured products) in compliance with 2 CFR § 200.322. PROJECT TITLE:FAA DBE Program Update and Reporting (FFY 2025-2027) Hagerstown Regional Airport – Richard A. Henson Field PROJECT NO:PUR-1450; TO #20; Purchase Order (PO): WASHCO30459 4/18/2024 PO DBE Program - Lump Sum DBE Reporting - Lump Sum DBE Program - $24,000.00 DBE Reporting - $5,500.00 per Year PROJECT DESCRIPTION: ACCEPTED APPROVED by:by: ____________________________________________________________ Mahesh S. Kukata, P.E Neil Doran, C.M, ACE Vice President Airport Director Airport Design Consultants, Inc Hagerstown Regional Airport 6031 University Blvd, Suite 330 18434 Showalter Road Ellicott City, MD 21043 Hagerstown, MD 21742 METHOD OF PAYMENT: TASK ORDER AMOUNT: See the attached ADCI's Scope of Work and Price Proposal dated April 18, 2024. The fee for DBE Reporting is $5,500 per year for a value of $16,500 over the three (3) year reporting period. The original Agreement for Professional Services between Board of County Commissioners of Washington County, Maryland (County) and Airport Design Consultants, Inc. (ADCI) for professional services at the Hagerstown Regional Airport – Richard A. Henson Field (HGR) dated January 27, 2020 and amended/restated agreement dated January 27, 2021 shall govern all task orders executed under this agreement unless modified in writing and agreed to by the County and ADCI. The original Federal Contract Provisions have been updated and are being replaced with those included in Attachment A to this Task Order Proposal. TASK ORDER NO: 20 PROFESSIONAL SERVICES AGREEMENT: PUR-1450 AIRPORT DESIGN CONSULTANTS, INC. AIRPORT: DATE OF ISSUANCE: ATTACHMENTS: L:\Proposals\HGR\2024-HGR-1304 DBE Program Update\20240405 Fee - DBE Program Update 2024-HGR-1304 R0.xlsx AIRPORT DESIGN CONSULTANTS, INC. 6031 UNIVERSITY BLVD. SUITE 330 ELLICOTT CITY, MD 21043 www.adci-corp.com 410.465.9600 April 5, 2024 Mr. Neil Doran, C.M, ACE Airport Director Hagerstown Regional Airport – Richard A. Henson Field 18434 Showalter Road Hagerstown, Maryland 21742 Sent electronically to: ndoran@washco-md.net Reference: Scope of Work and Price Proposal (Revision 1) FAA DBE Program Update and Reporting (FFY 2025-2027) Planning Services (Task Order No. 20) Hagerstown Regional Airport, Hagerstown, MD Dear Mr. Doran: Airport Design Consultants, Inc. (ADCI) is pleased to submit this revised proposal, based on FAA comments received on April 16, 2024, to the Board of County Commissioners of Washington County, Maryland, a body corporate and politic and a political subdivision of the State of Maryland (County) to provide Planning Services associated with the FAA DBE Program Update and Reporting (FFY 2025-2027) (Project) at the Hagerstown Regional Airport – Richard A. Henson Field (HGR). To enable the County to proceed with any project utilizing Airport Improvement Program (AIP) Funding, a Disadvantaged Business Enterprise (DBE) Program is required to be developed and approved by the FAA Office of Civil Rights. Therefore, we propose to prepare an update to the Airports Disadvantaged Business Enterprise (DBE) Plan for Federal Fiscal Years (FFY) 2025-2027 (October 1, 2024 to September 30, 2027) and provide Annual DBE Accomplishment Reporting services over this three (3) year period. These costs are federally eligible and can be included as an Administrative Cost in upcoming AIP Grant Projects for reimbursement. Whereas, the County and ADCI entered into an Agreement (PUR-1450) for ADCI to provide Professional Services that was originally executed on January 27, 2020. All of the terms and conditions of the Agreement, as amended and restated on January 27, 2021, remain in full effect and apply to this Specific Project Proposal with the exception of the Federal Contract Provisions contained therein. Those provisions are considered null and void and, by execution of this Proposal, shall be replaced with the current applicable required Federal Contract Provisions, dated November 17, 2022 and editorially updated May 24, 2023. For this task, as approved by the County, the following subconsultant will assist us:  Taffy Pippin Consulting, LLC: DBE Program Update 2024-HGR-1304 Mr. Neil Doran, C.M, ACE April 18, 2024 Page 2 of 4 Annual DBE Accomplishment Reporting Whereas, the County and ADCI in their mutual covenants herein agree in respect to the scope of work and price proposal for the referenced Project as set forth below: A. DESCRIPTION OF WORK As requested by the County, ADCI proposes to assist the County in preparing an update to the Federal Aviation Administration (FAA) required Disadvantaged Business Enterprise (DBE) Plan for Federal Fiscal Years (FFY) 2025-2027 (October 1, 2024 to September 30, 2027) and provide annual DBE accomplishment reporting services over this three (3) year period. ADCI, or their designated representative, shall input information directly into the FAA Civil Rights Connect System (FAA- Connect) at (https://faa.civilrightsconnect.com/FAA/login.asp). B. PLANNING SERVICES Planning Services to be performed under this task will be as detailed below. 1. Project Development/Management ADCI will provide project development services throughout the course of the project. These services shall include: 1. Proposal Preparation. Attend one (1) project scoping/pre-design meeting, prepare the Scope of Work, and assist the County in satisfying the requirements of Grant Offer to receive grant funding for this Project. 2. Project Administration. Throughout the course of the project ADCI shall provide the following administrative services: a. Provide all necessary coordination with the County, SubConsultant(s) and appropriate Federal, State and Local agencies, as required. Such coordination shall be provided during the period covered by the agreed upon schedule for completion of the Project. b. Assist the County in the inclusion of eligible costs associated with the preparation of this Plan and annual reporting in appropriate FAA Grant Applications including all correspondence and communications related thereto. 2. DBE Program 1. Verify projects to be included in the plan over the three (3) year federal fiscal period. Prepare Preliminary Engineer’s Opinion of Probable Cost (EOPC) for each project in listed in the Airport Capital Improvement Program (ACIP) during the program period. Each proposed project will be broken down into major North American Industry Classification System (NAICS) category values. It is anticipated that up to fifteen (15) Airport Improvement Program (AIP) Projects will be included in the DBE Program Goal Calculations. 2. Prepare the 3-Year Disadvantaged Business Enterprise (DBE) Program in accordance with 49 CFR Part 26 following the FAA’s outlined format and submit to the Client for review and transmittal to the FAA Office of Civil Rights for approval in FAA-Connect. Mr. Neil Doran, C.M, ACE April 18, 2024 Page 3 of 4 3. Coordinate with the Client and FAA to address any comments they have regarding the proposed plan to obtain FAA approval. 4. Prepare EOPC. Preparation of Engineer’s Opinion of Probable Cost (EOPC) and design report. Cost estimates will be based on unit prices from recent projects at the Airport and in the vicinity. 3. Annual DBE Reporting Following final approval of plans and specifications by the County, bidding services will commence and will include the following services: 1. Assemble necessary data, provided by Client, required for reporting to the FAA regarding DBE participation on AIP funded projects awarded or closed during the reporting period for the indicated Federal Fiscal Years. Information to be reported includes total contract award; amount of award to certified DBE contractors; name, address, type of work, dollar value of work, and contractor disadvantaged group type of DBE contractors. The data shall be assembled into a summary report and submitted to the Client for review and concurrence. 2. Prepare the Uniform Report of DBE Commitments/Awards and Payments and enter required data into the FAA-Connect. The FAA Uniform Report of DBE Awards or Commitments and Payments are due annually on December 1st for the federal fiscal period of October 1st through September 30th. C. ITEMS NOT INCLUDED Items not included in this contract include: 1. Please note that no formal meetings have been included in this scope of services. Preparation for and attendance at meetings will be billed as Additional Services on a time and materials basis in accordance with the general provisions of this Agreement. D. COMPENSATION For the Engineering Services described in Paragraph B above, we ask compensation to be on a Lump Sum basis as follows: DBE Program: $24,000 FFY 2025 DBE Reporting $5,500 FFY 2026 DBE Reporting $5,500 FFY 2027 DBE Reporting: $5,500 Grand Total: $40,500 A list of tasks, and breakdowns of the man-hours and costs required for the overall project are attached. Mr. Neil Doran, C.M, ACE April 18, 2024 Page 4 of 4 E. SCHEDULE Assuming issuance of Notice-to-Proceed (NTP) by the end of April 2024, ADCI anticipates the following schedule: 1. DBE Goal Setting:  April 2024 – Obtain Client approval of Work Authorization and issuance of NTP.  May 2024 – Complete DBE Goals Update and Advertisement.  June 2024 – Complete DBE Program update, in accordance with 49 CFR Part 26, including public input and coordinate with FAA.  July 2024 – Conduct Stakeholder Coordination and submit Final DBE Program to FAA for concurrence in FAA Civil Rights Connect System (FAA-Connect). 2. Annual DBE Accomplishment Reporting (Each Federal Fiscal Year)  11/15 – ADCI, or their designated representative, enters required data into FAA-Connect for Client review and acceptance.  12/01 – Client submits DBE Accomplishment Report online via the FAA Civil Rights Connect website. F. AUTHORIZATION ADCI will proceed on this project immediately upon receipt of the written Notice-to-Proceed and a purchase order to include this work under the executed base agreement by the County/HGR. Thank you for the opportunity to submit this Proposal. If you have any questions, please do not hesitate to contact me. Sincerely, Ronald N. Morris, PE, CM for Mahesh S. Kukata, PE Vice President Attachments L:\Proposals\HGR\2024-HGR-1304 DBE Program Update\20240418 Proposal - DBE Program Update 2024-HGR-1304 R1.docx FAA DBE Program Update and Reporting (FFY 2025-2027) Hagerstown Regional Airport – Richard A. Henson Field Overhead: 147.26% Profit: 12.00% Firm Name: Date Prepared: Total Budget Amount: Work Classification: Se n i o r Pr o j e c t Ma n a g e r Se n i o r En g i n e e r Pr o j e c t En g i n e e r De s i g n En g i n e e r Se n i o r In s p e c t o r CA D De s i g n e r Direct labor cost: 110.00$ 99.00$ 50.00$ 45.00$ 65.00$ 39.00$ Project Development/Management Proposal Preparation 1 2 3 308$ Project Administration 4 16 20 2,024$ DBE Program Project Verification and Preliminary Engineer’s Opinion of Probable Cost (EOPC)2 5 30 37 2,215$ 55$ Subcontracted Services Subtotal: Total with Overhead and Fixed Fee:13,445$ Subtotal - Subcontracted Services:$10,500.00 Total Direct Expenses:55$ 0% Markup:$0.00 Subtotal - Subcontracted Services:10,500$ Total - Subcontracted Services:$10,500 Grand Total (Lump Sum (LS)):24,000$ April 5, 2024 Multipliers DBE Program Airport Design Consultants, Inc. $24,000 Total Hours by Task Total Labor Cost Total Direct Expenses L:\Proposals\HGR\2024-HGR-1304 DBE Program Update\20240405 Fee - DBE Program Update 2024-HGR-1304 R0.xlsx Page 1 of 2 FAA DBE Program Update and Reporting (FFY 2025-2027) Hagerstown Regional Airport – Richard A. Henson Field Overhead: 147.26% Profit: 12.00% Firm Name: Date Prepared: Total Budget Amount: Work Classification: Se n i o r Pr o j e c t Ma n a g e r Se n i o r En g i n e e r Pr o j e c t En g i n e e r De s i g n En g i n e e r Se n i o r In s p e c t o r CA D De s i g n e r Direct labor cost: 110.00$ 99.00$ 50.00$ 45.00$ 65.00$ 39.00$ Project Development/Management Project Administration 1 2 3 308$ Annual DBE Reporting Data Collection on Contracts Awarded and Closed during the Reporting Period 2 4 6 398$ 45$ Subcontracted Services Subtotal: Total with Overhead and Fixed Fee:1,955$ Subtotal - Subcontracted Services:$3,500.00 Total Direct Expenses:45$ 0% Markup:$0.00 Subtotal - Subcontracted Services:3,500$ Total - Subcontracted Services:$3,500 Grand Total (Lump Sum (LS)):5,500$ Multipliers Annual DBE Reporting Airport Design Consultants, Inc. April 5, 2024 $5,500 Total Hours by Task Total Labor Cost Total Direct Expenses L:\Proposals\HGR\2024-HGR-1304 DBE Program Update\20240405 Fee - DBE Program Update 2024-HGR-1304 R0.xlsx Page 2 of 2 DBE Firm 3153 Lexington Road, Montgomery, AL 36106 / (334)546-4717/ FAX (334) 593-7644 February 27, 2024 Mike Waibel Practice Manager Airport Design Consultants, Inc. 6031 University Blvd., Suite 330 Ellicott City, MD 21043 RE: 49 CFR, Part 26 DBE GOALS AND PLAN UPDATE FY 2025-2027 HAGERSTOWN REGIONAL AIRPORT LETTER OF AGREEMENT Dear Mr. Waibel: It is my understanding that Airport Design Consultants, Inc. (ADCI) desires to engage a consultant to develop a Disadvantaged Business Enterprise Plan for the Hagerstown Regional Airport, Hagerstown, Maryland, in accordance with 49 CFR, Part 26, associated with Federal Aviation Administration projects for FY 2025-2027. Taffy Pippin Consulting, LLC is pleased to offer the following proposal to accomplish the above cited services. Taffy Pippin Consulting, LLC will provide ADCI with a Disadvantaged Business Enterprise Plan in accordance with the provisions of 49 CFR Part 26, "Participation by Disadvantaged Business Enterprise in DOT Programs". Our services will include the following: 1. Provide a proposed legal advertisement for public input into proposed DBE goals within seven working days of the issuance of a “Notice to Proceed”; 2. Develop goals for DBE participation in FAA projects with its associated methodology for coordination with the FAA within seven working days following the issuance of a “Notice to Proceed”; 3. Establish final goals and methodology for submission to the FAA within seven working days following final input from the public pertaining to proposed DBE goals; 4. Develop a DBE Plan in accordance with 49 CFR, Part 26 suitable for final coordination with the Eastern Region of the FAA; 5. Conduct Stakeholder consultation; 6. Provide two copies of the final plan for coordination; 7. Submit all documents to the FAA through the civil-rights-connect portal; and 8. Submit the Uniform Reports for the FY 2025-2027. ADCI or Airport Personnel will provide Taffy Pippin Consulting, LLC with data on which to base the proposed and final DBE goals for this Project. Taffy Pippin Consulting, LLC will be paid Ten Thousand Five Hundred Dollars ($10,500.00) for DBE goals and reporting for FY 2025 ($3,500.00), DBE Goals and Reporting FY 2026 ($3,500.00) and, DBE Goals and Reporting FY 2027 ($3,500.00), as well as the above cited services which will include all out-of-pocket expenses. The completed Disadvantaged Business Enterprise Plan will be provided to ADCI for final coordination with the Eastern Region of the FAA, no later than twenty-one (21) working days following the issuance of a "Notice to Proceed". If the above conditions and services are acceptable to you, would you please indicate your acceptance below. Your acceptance will also act as our "Notice to Proceed" on this important project. Following your acceptance, if you would retain one copy of this document for your file and forward the second copy to Taffy Pippin Consulting, LLC, it would be greatly appreciated. Thank you for the privilege of offering these services to ADCI in the development of this project and should you have any questions, please do not hesitate to call. Sincerely, Taffy V. Pippin Taffy Valdez Pippin Consultant Accepted _________________________________ TVP:cp Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-1 ATTACHMENT A – FEDERAL CONTRACT PROVISIONS FOR AIRPORT IMPROVEMENT PROGRAM PROJECTS (Issued on May 24, 2023) Contents A1 ACCESS TO RECORDS AND REPORTS .................................................................................................... 2 A2 AFFIRMATIVE ACTION REQUIREMENT ................................................................................................ 2 A3 BREACH OF CONTRACT TERMS .............................................................................................................. 3 A4 BUY AMERICAN PREFERENCE ................................................................................................................ 3 A5 CIVIL RIGHTS - GENERAL ......................................................................................................................... 4 A6 CIVIL RIGHTS – TITLE VI ASSURANCE .................................................................................................. 4 A7 CLEAN AIR AND WATER POLLUTION CONTROL ................................................................................ 6 A8 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS ............................. 6 A9 COPELAND “ANTI-KICKBACK” ACT ...................................................................................................... 7 A10 DAVIS-BACON REQUIREMENTS ......................................................................................................... 7 A11 DEBARMENT AND SUSPENSION ....................................................................................................... 12 A12 DISADVANTAGED BUSINESS ENTERPRISE .................................................................................... 13 A13 DISTRACTED DRIVING ........................................................................................................................ 14 A14 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT ............................................................................................................................... 14 A15 DRUG FREE WORKPLACE REQUIREMENTS – ................................................................................ 15 A16 EQUAL EMPLOYMENT OPPORTUNITY (EEO) ................................................................................ 15 A17 FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) ................................ 20 A18 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES ............................................................. 20 A19 PROHIBITION OF SEGREGATED FACILITIES .................................................................................. 21 A20 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 ................................................................. 21 A21 PROCUREMENT OF RECOVERED MATERIALS .............................................................................. 21 A22 RIGHT TO INVENTIONS ....................................................................................................................... 22 A23 SEISMIC SAFETY ................................................................................................................................... 22 A24 TAX DELINQUENCY AND FELONY CONVICTIONS ....................................................................... 22 A25 TERMINATION OF CONTRACT........................................................................................................... 23 A26 TRADE RESTRICTION CERTIFICATION ........................................................................................... 24 A27 VETERAN’S PREFERENCE ................................................................................................................... 25 A28 DOMESTIC PREFERENCES FOR PROCUREMENTS ........................................................................ 25 Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-2 A1 ACCESS TO RECORDS AND REPORTS ACCESS TO RECORDS AND REPORTS The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the Owner, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. A2 AFFIRMATIVE ACTION REQUIREMENT NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY This notice applies to any professional service agreement if the professional services agreement includes tasks that meet the definition of construction work, as defined by the U.S. Department of Labor (DOL), and exceeds $10,000. Examples include installation of monitoring systems (e.g., noise, environmental, etc.). N/A for this Proposal. 1. The Offeror’s or Bidder’s attention is called to the “Equal Opportunity Clause” and the “Standard Federal Equal Employment Opportunity Construction Contract Specifications” set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetables Goals for minority participation for each trade: 25.2% Goals for female participation in each trade: 6.9% These goals are applicable to all of the Contractor’s construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non-federally involved construction. The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a) and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-3 and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. 4. As used in this notice and in the contract resulting from this solicitation, the “covered area” is Economic Area 020, Hagerstown, Washington County, Maryland. A3 BREACH OF CONTRACT TERMS N/A for this Proposal. This provision is required for all contracts that exceed the simplified acquisition threshold as stated in 2 CFR Part 200, Appendix II (A). This threshold is occasionally adjusted for inflation and is $250,000. Any violation or breach of terms of this contract on the part of the Consultant or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. Owner will provide the Consultant written notice that describes the nature of the breach and corrective actions the Consultant must undertake in order to avoid termination of the contract. Owner reserves the right to withhold payments to the Consultant until such time the Consultant corrects the breach or the Owner elects to terminate the contract. The Owner’s notice will identify a specific date by which the Consultant must correct the breach. Owner may proceed with termination of the contract if the Consultant fails to correct the breach by the deadline indicated in the Owner’s notice. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. A4 BUY AMERICAN PREFERENCE N/A for this Proposal. The Contractor certifies that its bid/offer is in compliance with 49 USC § 50101, BABA and other related Made in America Laws,1 U.S. statutes, guidance, and FAA policies, which provide that Federal funds may not be obligated unless all iron, steel and manufactured goods used in AIP funded projects are produced in the United States, unless the Federal Aviation Administration has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list. The bidder or offeror must complete and submit the certification of compliance with FAA’s Buy American Preference, BABA and Made in America laws included herein with their bid or offer. The Airport Sponsor/Owner will reject as nonresponsive any bid or offer that does not include a completed certification of compliance with FAA’s Buy American Preference and BABA. The bidder or offeror certifies that all constructions materials, defined to mean an article, material, or supply other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-4 as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of: non-ferrous metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber; or drywall used in the project are manufactured in the U.S. A5 CIVIL RIGHTS - GENERAL GENERAL CIVIL RIGHTS PROVISIONS In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. The above provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract. A6 CIVIL RIGHTS – TITLE VI ASSURANCE Title VI Solicitation Notice: The Board of County Commissioners of Washington County, Maryland , in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, [select businesses, or disadvantaged business enterprises or airport concession disadvantaged business enterprises] will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an award. Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:  Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin);  49 CFR part 21 (Non-discrimination in Federally-Assisted programs of the Department of Transportation— Effectuation of Title VI of the Civil Rights Act of 1964);  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);  Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance);  The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);  Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-5  The Civil Rights Restoration Act of 1987 (PL 100-259) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);  Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq) (prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38;  The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations (ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);  Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs [70 Fed. Reg. 74087 (2005)];  Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC § 1681, et seq). Compliance with Nondiscrimination Requirements: During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”), agrees as follows: 1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. 3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the contractor’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin. 4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-6 Sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the non- discrimination provisions of this contract, the Sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the Sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the Sponsor to enter into any litigation to protect the interests of the Sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. A7 CLEAN AIR AND WATER POLLUTION CONTROL N/A for this Proposal. This provision is required for all contracts and lower tier contracts that exceed $150,000. Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC §§ 7401-7671q) and the Federal Water Pollution Control Act as amended (33 USC §§ 1251-1387). The Contractor agrees to report any violation to the Owner immediately upon discovery. The Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration. A8 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS N/A for this Proposal. This provision applies to professional service agreements that exceed $100,000 and employs laborers, mechanics, watchmen, and guards. This includes members of survey crews and exploratory drilling operations. 1. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph (1) of this clause, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-7 paragraph (1) of this clause, in the sum of $29 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this clause. 3. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration (FAA) or the Owner shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this clause. 4. Subcontractors. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this clause. A9 COPELAND “ANTI-KICKBACK” ACT N/A for this Proposal. This provision applies when Professional Service Agreements (PSAs) include tasks that meet the definition of construction, alteration, or repair, as defined in 29 CFR Part 5, and it exceeds $2,000. Contractor must comply with the requirements of the Copeland “Anti-Kickback” Act (18 USC 874 and 40 USC 3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor must submit to the Owner, a weekly statement on the wages paid to each employee performing on covered work during the prior week. Owner must report any violations of the Act to the Federal Aviation Administration. A10 DAVIS-BACON REQUIREMENTS N/A for this Proposal. This provision applies when Professional Service Agreements (PSAs) include tasks that meet the definition of construction, alteration, or repair, as defined in 29 CFR Part 5, and it exceeds $2,000. 1. Minimum Wages. (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-8 Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis- Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the Contractor, the laborers, or mechanics to be employed in the classification, or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-9 (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the Contractor, Sponsor, Applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and Basic Records. (i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis-Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records that show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant, Sponsor, or Owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR § 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-10 https://www.dol.gov/agencies/whd/government-contracts/construction/payroll-certification or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker and shall provide them upon request to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit them to the applicant, Sponsor, or Owner, as the case may be, for transmission to the Federal Aviation Administration, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, Sponsor, or Owner). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR § 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i), and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH- 347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The Contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Sponsor, the Federal Aviation Administration, or the Department of Labor and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, Sponsor, applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR § 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-11 employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the Contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR § 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination that provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-12 5. Compliance with Copeland Act Requirements. The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. 6. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR §§ 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR § 5.5. 7. Contract Termination: Debarment. A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR § 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of Eligibility. (i) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR § 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR § 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC § 1001. A11 DEBARMENT AND SUSPENSION This provision applies to covered transactions, which are defined in 2 CFR part 180 (Subpart B). AIP funded contracts are non-procurement transactions, as defined by 2 CFR § 180.970. Covered transactions include any AIP- funded contract, regardless of tier, that is awarded by a contractor, subcontractor, supplier, consultant, or its agent or representative in any transaction, if the amount of the contract is expected to equal or exceed $25,000. This includes contracts associated with land acquisition projects. CERTIFICATION OF OFFEROR/BIDDER REGARDING DEBARMENT By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction . Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-13 CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction”, must confirm each lower tier participant of a “covered transaction” under the project is not presently debarred or otherwise disqualified from participation in this federally-assisted project. The successful bidder will accomplish this by: 1. Checking the System for Award Management at website: http://www.sam.gov. 2. Collecting a certification statement similar to the Certification of Offeror /Bidder Regarding Debarment, above. 3. Inserting a clause or condition in the covered transaction with the lower tier contract. If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant. A12 DISADVANTAGED BUSINESS ENTERPRISE The requirements of 49 CFR part 26 apply to this contract. It is the policy of the Board of County Commissioners of Washington County, Maryland to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. The Owner encourages participation by all firms qualifying under this solicitation regardless of business size or ownership. The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: 1) Withholding monthly progress payments; 2) Assessing sanctions; 3) Liquidated damages; and/or 4) Disqualifying the Contractor from future bidding as non-responsible. Prompt Payment (49 CFR § 26.29) The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives from the Board of County Commissioners of Washington County, Maryland. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Board of County Commissioners of Washington County, Maryland. This clause applies to both DBE and non-DBE subcontractors. Termination of DBE Subcontracts (49 CFR § 26.53(f)) The prime contractor must not terminate a DBE subcontractor listed in response to this Proposal (or an approved substitute DBE firm) without prior written consent of the Board of County Commissioners of Washington County, Maryland. This includes, but is not limited to, instances in which the prime contractor seeks to perform work Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-14 originally designated for a DBE subcontractor with its own forces or those of an affiliate, a non-DBE firm, or with another DBE firm. The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains written consent from the Board of County Commissioners of Washington County, Maryland. Unless the Board of County Commissioners of Washington County, Maryland consent is provided, the prime contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. The Board of County Commissioners of Washington County, Maryland may provide such written consent only if the Board of County Commissioners of Washington County, Maryland agrees, for reasons stated in the concurrence document, that the prime contractor has good cause to terminate the DBE firm. For purposes of this paragraph, good cause includes the circumstances listed in 49 CFR §26.53. Before transmitting to the Board of County Commissioners of Washington County, Maryland its request to terminate and/or substitute a DBE subcontractor, the prime contractor must give notice in writing to the DBE subcontractor, with a copy to the Board of County Commissioners of Washington County, Maryland, of its intent to request to terminate and/or substitute, and the reason for the request. The prime contractor must give the DBE five days to respond to the prime contractor's notice and advise [Name of Recipient] and the contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why the Board of County Commissioners of Washington County, Maryland should not approve the prime contractor's action. If required in a particular case as a matter of public necessity (e.g., safety), the Board of County Commissioners of Washington County, Maryland may provide a response period shorter than five days. In addition to post-award terminations, the provisions of this section apply to pre-award deletions of or substitutions for DBE firms put forward by offerors in negotiated procurements. A13 DISTRACTED DRIVING In accordance with Executive Order 13513, “Federal Leadership on Reducing Text Messaging While Driving”, (10/1/2009) and DOT Order 3902.10, “Text Messaging While Driving”, (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant. In support of this initiative, the Owner encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub-tier contracts exceeding $10,000 that involve driving a motor vehicle in performance of work activities associated with the project. A14 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT Contractor and Subcontractor agree to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [Public Law 115-232 § 889(f)(1)]. Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-15 A15 DRUG FREE WORKPLACE REQUIREMENTS – N/A (Sponsor Only) A16 EQUAL EMPLOYMENT OPPORTUNITY (EEO) EQUAL OPPORTUNITY CLAUSE During the performance of this contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers’ representative of the Contractor’s commitments under this section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-16 provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance : Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS 1. As used in these specifications: a. “Covered area” means the geographical area described in the solicitation from which this contract resulted; b. “Director” means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; c. “Employer identification number” means the Federal social security number used on the Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. “Minority” includes: (1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR part 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-17 performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor’s or subcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor’s obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor’s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor’s employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations’ responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the- street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-18 Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor’s efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor’s employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor’s EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company’s EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor’s EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor’s EEO policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor’s recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor’s work force. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60- 3. l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor’s obligations under these specifications are being carried out. Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-19 n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor’s adherence to and performance under the Contractor’s EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the Contractor is a member and participant may be asserted as fulfilling any one or more of its obligations under 7a through 7p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor’s minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor’s and failure of such a group to fulfill an obligation shall not be a defense for the Contractor’s noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, sexual orientation, gender identity, or national origin. 11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR part 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-20 number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g. those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). A17 FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) 29 CFR § 213 exempts employees in a bona fide executive, administrative or professional capacity. Because professional firms employ individuals that are not covered by this exemption, the Sponsor’s agreement hereby includes this FLSA provision. All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, et seq, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part- time workers. The Consultant has full responsibility to monitor compliance to the referenced statute or regulation. The Consultant must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division. A18 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES The Bidder or Offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-21 by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. A19 PROHIBITION OF SEGREGATED FACILITIES N/A for this Proposal. This provision applies to professional services that include tasks that qualify as construction work as defined by 41 CFR part 60-1. Examples include the installation of noise monitoring equipment. (a) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Employment Opportunity clause in this contract. (b) “Segregated facilities,” as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user restrooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Employment Opportunity clause of this contract. A20 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer retains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (29 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration. A21 PROCUREMENT OF RECOVERED MATERIALS N/A for this Proposal. Include this provision if the agreement includes procurement of a product that exceeds $10,000. Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors are to use products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever: The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year. Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-22 The list of EPA-designated items is available at www.epa.gov/smm/comprehensive-procurement-guidelines- construction-products. Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated products if the contractor can demonstrate the item is: a) Not reasonably available within a timeframe providing for compliance with the contract performance schedule; b) Fails to meet reasonable contract performance requirements; or c) Is only available at an unreasonable price. A22 RIGHT TO INVENTIONS Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the Owner in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within 37 CFR § 401.14. Contractor must include this requirement in all sub-tier contracts involving experimental, developmental, or research work. A23 SEISMIC SAFETY N/A for this Proposal. Sponsor must incorporate this clause in any contract involved in the construction of new buildings or structural addition to existing buildings. In the performance of design services, the Consultant agrees to furnish a building design and associated construction specification that conform to a building code standard that provides a level of seismic safety substantially equivalent to standards as established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their building code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At the conclusion of the design services, the Consultant agrees to furnish the Owner a “certification of compliance” that attests conformance of the building design and the construction specifications with the seismic standards of NEHRP or an equivalent building code. A24 TAX DELINQUENCY AND FELONY CONVICTIONS The applicant must complete the following two certification statements. The applicant must indicate its current status as it relates to tax delinquency and felony conviction by inserting a checkmark () in the space following the applicable response. The applicant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification in all lower tier subcontracts. Certifications The applicant represents that it is ( ) is not (  ) a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. The applicant represents that it is ( ) is not (  ) a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-23 Note If an applicant responds in the affirmative to either of the above representations, the applicant is ineligible to receive an award unless the Sponsor has received notification from the agency suspension and debarment official (SDO) that the SDO has considered suspension or debarment and determined that further action is not required to protect the Government’s interests. The applicant therefore must provide information to the owner about its tax liability or conviction to the Owner, who will then notify the FAA Airports District Office, which will then notify the agency’s SDO to facilitate completion of the required considerations before award decisions are made. Term Definitions Felony conviction: Felony conviction means a conviction within the preceding twenty-four (24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. Code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 USC § 3559. Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. A25 TERMINATION OF CONTRACT The Owner may, by written notice to the Consultant, terminate this Agreement for its convenience and without cause or default on the part of Consultant. Upon receipt of the notice of termination, except as explicitly directed by the Owner, the Contractor must immediately discontinue all services affected. Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete. Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non- performed services. Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. TERMINATION FOR CAUSE (PROFESSIONAL SERVICES) Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are essential to the completion of the work per the terms and conditions of the Agreement. The party initiating the termination action must allow the breaching party an opportunity to dispute or cure the breach. The terminating party must provide the breaching party [7] days advance written notice of its intent to terminate the Agreement. The notice must specify the nature and extent of the breach, the conditions necessary to cure the breach, and the effective date of the termination action. The rights and remedies in this clause are in addition to any other rights and remedies provided by law or under this agreement. a) Termination by Owner: The Owner may terminate this Agreement for cause in whole or in part, for the failure of the Consultant to: 1. Perform the services within the time specified in this contract or by Owner approved extension; 2. Make adequate progress so as to endanger satisfactory performance of the Project; or Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-24 3. Fulfill the obligations of the Agreement that are essential to the completion of the Project. Upon receipt of the notice of termination, the Consultant must immediately discontinue all services affected unless the notice directs otherwise. Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete. Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non-performed services. Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. If, after finalization of the termination action, the Owner determines the Consultant was not in default of the Agreement, the rights and obligations of the parties shall be the same as if the Owner issued the termination for the convenience of the Owner. b) Termination by Consultant: The Consultant may terminate this Agreement for cause in whole or in part, if the Owner: 1. Defaults on its obligations under this Agreement; 2. Fails to make payment to the Consultant in accordance with the terms of this Agreement; 3. Suspends the project for more than [180] days due to reasons beyond the control of the Consultant. Upon receipt of a notice of termination from the Consultant, Owner agrees to cooperate with Consultant for the purpose of terminating the agreement or portion thereof, by mutual consent. If Owner and Consultant cannot reach mutual agreement on the termination settlement, the Consultant may, without prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement based upon the Owner’s breach of the contract. In the event of termination due to Owner breach, the Consultant is entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all justified reimbursable expenses incurred by the Consultant through the effective date of termination action. Owner agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. A26 TRADE RESTRICTION CERTIFICATION By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror – 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR); 2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and 3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR. Attachment A – Federal Contract Provisions for Airport Improvement Program Projects Issued on May 24, 2023 Page A-25 This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC § 1001. The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR § 30.17, no contract shall be awarded to an Offeror or subcontractor: 1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR; or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list; or 3) who incorporates in the public works project any product of a foreign country on such USTR list. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA. A27 VETERAN’S PREFERENCE In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC § 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. A28 DOMESTIC PREFERENCES FOR PROCUREMENTS The Bidder or Offeror certifies by signing and submitting this bid or proposal that, to the greatest extent practicable, the Bidder or Offeror has provided a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including, but not limited to, iron, aluminum, steel, cement, and other manufactured products) in compliance with 2 CFR § 200.322. Open Session Item SUBJECT:PUBLIC HEARING Hagerstown Regional Airport Property Acquisition PRESENTATION DATE:August 30, 2022 PRESENTATION BY: Todd Moser, Real Property Administrator; and Mahesh Kukata, Aviation Consultant, Airport Design Consultants, Inc. RECOMMENDED MOTION:Approve land acquisition for FAA Runway Visibility Zone (RVZ) and Runway Object Free Area (ROFA) compliance by exercise of the power of eminent domain. REPORT-IN-BRIEF: Currently, Washington County does not own the RVZ area, which has the airfield fence and old fire station, preventing line-of-sight requirements for the RVZ. Therefore, there is an operational restriction on Runway 2-20 after the Air Traffic Control Tower closes between the hours of 10 PM and 6 AM. In addition, the airfield fence along Runway 2-20 is in the ROFA and must be moved to outside of the ROFA, requiring additional property acquisition. DISCUSSION: There are (3) areas to be acquired by Washington County to address the RVZ and ROFA improvements: Parcels A and Parcels B associated with the RVZ, and Parcel C associated with the ROFA. Parcel A (0.04 acres) will be acquired by Washington County from First Flight Limited Partnership (Liber 836, Folio 438). Parcel B (2.70 acres) will be acquired by Washington County from New Heights Industrial Park LLC (Liber 6166, Folio 342). Parcel C (0.14 acres) will be acquired by Washington County from First Flight Limited Partnership (Liber 836, Folio 438). The proposed total property acquisition is 2.88 acres. The sellers are anticipated to consent to the acquisition. FISCAL IMPACT:$1,600,000 for acquisition, or such amount as the Circuit Court may order; Professional Services: $150,000; Miscellaneous Costs: $25,000; Removal and reinstallation of the fence & gates for aircraft access from New Heights property to the airfield and demolition of the Old Fire Station: $1,200,000. This project is currently on the FAA ACIP and the County CIP. Project will be funded with 90% FAA funds and 5% MAA funds (subject to some limitations). CONCURRENCES:County Attorney; Real Property Administrator; and Aviation Consultant. ALTERNATIVES:Forego property acquisition. ATTACHMENTS:Proposed ordinance. Parcel exhibits. AUDIO/VISUAL NEEDS:N/A Board of County Commissioners of Washington County, Maryland Agenda Report Form