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John F. Barr, President
Jeffrey A. Cline, Vice President
BOARD OF COUNTY COMMISSIONERS
November 19, 2024
OPEN SESSION AGENDA
9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE
CALL TO ORDER, President John F. Barr
APPROVAL OF MINUTES: October 22, 2024
9:05 AM COMMISSIONERS’ REPORTS AND COMMENTS
9:15 AM STAFF COMMENTS
9:20 AM CITIZEN PARTICIPATION
9:30 AM PRESENTATION OF THE JUNE 30, 2024 AUDITED FINANCIAL STATEMENTS
Chris Lehman, Partner in SB & Company; Kelcee Mace, Chief Financial Officer
10:00 AM FY25 FUNDING REQUEST – BOARD OF EDUCATION
Kelcee Mace, Chief Financial Officer
10:15 AM CONTRACT AWARD (PUR-1707) FOR GASOLINE AND DIESEL FUEL
DELIVERIES
Brandi Naugle, Buyer, Purchasing; Zane Rowe, Deputy Director, Highway
Department
BID AWARD (PUR-1708) SWIMMING POOL AND WATER/WASTEWATER
TREATMENT CHEMICALS
Brandi Naugle, Buyer, Purchasing; Davina Yutzy, Deputy Director, Environmental
Management; Mark Bradshaw, Director, Environmental Management
SOLE SOURCE PROCUREMENT (PUR-1716) KEYSTONE (CAD) INTERFACE
Brandi Naugle, Buyer, Purchasing; Alan Matheny, Director, Emergency Management
10:30 AM CERTIFIED REBUILD OF THE CATERPILLAR 345BL EXCAVATOR (PUR-
1717)
David A. Mason, Deputy Director, Solid Waste
10:35 AM INTERGOVERNMENTAL COOPERATIVE PURCHASE (INTG-24-0170) –
LEASE/PURCHASE FOR ONE (1) NEW D7 CATERPILLAR DOZER
Rick Curry, Director, Purchasing; David Mason, Deputy Director, Solid Waste
Wayne K. Keefer
Randall E. Wagner
Page 2 of 3
OPEN Session Agenda
November 19. 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.
10:40 AM INTERGOVERNMENTAL COOPERATIVE PURCHASE (INTG-24-0169)
LEASE/PURCHASE FOR ONE (1) ARTICULATED TRUCK FOR THE SOLID
WASTE DEPARTMENT
Rick Curry, Director, Purchasing; Dave Mason, Deputy Director, Solid Waste
INTERGOVERNMENTAL COOPERATIVE PURCHASE (INTG-24-0168) – ONE
(1) RESCUE SQUAD
Rick Curry, Director, Purchasing; Eric Jacobs, Operations Manager, Emergency
Services
INTERGOVERNMENTAL COOPERATIVE PURCHASE (INTG-24-0172) TWO
(2) BRINE TANKS FOR THE HIGHWAY DEPARTMENT
Rick Curry, Director, Purchasing; Zane Rowe, Deputy Director, Highway Department
10:50 AM APPROVAL/SIGNATURE OF UPDATED AND REISSUED BUSINESS PERMIT
FOR ALLEGIANT AIRLINES
Neil Doran, Director, Hagerstown Regional Airport; Andrew Eshleman, Director,
Public Works
10:55 AM APPROVAL OF ZONING MAP AMENDMENT RZ-24-002
Aaron Weiss, Assistant County Attorney, County Attorney’s Office
11:00 AM CLOSED SESSION - (To discuss the appointment, employment, assignment,
promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of
appointees, employees, or officials over whom this public body has jurisdiction; or any other
personnel matter that affects one or more specific individual. (1) These topics include the discussion
of confidential personnel matters.
• Appointments to Commission for Women, Housing Authority of Washington County,
Property Tax Assessments Appeals Board;
• Hiring recommendations for open positions (2) in Department of Budget and Finance
To consider the acquisition of real property for a public purpose. Open session discussion would
negatively impact County’s bargaining position.
• Discussion of acquisition of certain parcels of real property in the County.
To consider a matter that concerns the proposal for a business or industrial organization to locate,
expand, or remain in Washington County.
• Discussion of MEDAFF Conditional Loan to business to locate in Washington County.
Discussion in open may result in the disclosure of proprietary information of the
business provided to County, as well as prematurely disclose proposed incentives,
putting the County in a disadvantageous bargaining position.
• Discussion of implementation issues with certain provisions of APFO.
Consult with staff about pending or potential litigation. Discussion in open session would put County
in disadvantageous position with regard to possibly settling potential litigation.
• Proposal and discussion of settlement offer.
• Discussion of dismissal of defendant in Opioid litigation and status of appeal in
pending litigation.
Page 3 of 3
OPEN Session Agenda
November 19. 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.
To conduct collective bargaining negotiations or consider matters that relate to the negotiations. Open
session discussion would disadvantage County bargaining position.
• Update to Commissioners on negotiations with unions representing employees of
Sheriff’s Office. Discussion of union proposals and forthcoming County counter-
proposals.)
1:20 PM RECONVENE IN OPEN SESSION
ADJOURNMENT
Open Session Item
SUBJECT: Presentation of the June 30, 2024 Audited Financial Statements
PRESENTATION DATE: November 19, 2024
PRESENTATION BY: Chris Lehman, Partner in SB&Company, and Kelcee Mace, Chief
Financial Officer
RECOMMENDED MOTION: The presentation is for informational purposes.
REPORT-IN-BRIEF: The external independent auditors will review the scope of services, the
audit process, and required communications. They will also report the results of the audit.
DISCUSSION: General discussion by external auditor and Chief Financial Officer on various
funds of Washington County.
FISCAL IMPACT: The audit report updates the fiscal condition of the County as of the fiscal
year ending June 30, 2024.
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: Financial statements were distributed as a separate bound document prior
to the presentation.
AUDIO/VISUAL NEEDS: The auditors have a slide presentation.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
November 19, 2024
SB & Company, LLC Leadership Team
Chris Lehman, Audit Partner
Introductions
2
3
Audit of the June 30, 2024, financial statements
Performance of the Uniform Guidance Single Audit
Preparation of Form 990’s for the Golf Course and Agriculture Center
Audit of the County’s Agriculture Land Transfer Tax Revenues and Expenditures
Agreed upon procedures report for the landfill report
Schedule of Fire and Rescue Expenditures
Audit of 9-1-1 trust fund
Detention Center agreed upon procedures
Review of Uniform Financial Report
Preparation of Data Collection Form
Executive Summary
4
Summary of the Results
Issue d a n Unmod ifie d Op inion
No Fra ud Disc ove re d or Ma d e
Awa re Of
Aud it journa l e ntrie s -
No a ud it journa l e ntrie s note d
No Ma te ria l We a kne sse s Id e ntifie d
No Single Aud it Find ings to Da te
Full Coop e ra tion Re c e ive d
SBC Audit Approach
5
Area Points to Consider
Control Environment
Key executive integrity, ethics, and behavior
Control consciousness and operating style
Commitment to competence
Exercise oversee responsibility
Organizational structure, responsibility, and authority
Enforce accountability
HR policies and procedures
Risk Assessment
Define objectives and risk tolerances
Identify, analyze, and respond to risk
Assess fraud risk
Identify, analyze, and respond to change
Mechanisms to anticipate, identify, and react to significant events
Processes and procedures to identify changes in GAAP, business practices, and internal
control
Control Activities
Design control activities
Design activities for the information system
Implement control activities
Existence of necessary policies and procedures
Clear financial objectives with active monitoring
Logical segregation of duties
Periodic comparisons of book-to-actual and physical count-to-books
Adequate safeguards of documents, records, and assets
Assess controls in place
Assessment of Control
Environment
6
Area Points to Consider
Information and
Communication
Use quality information
Communicate internally
Communicate externally
Adequate performance reports produced from information systems
Information systems are connected with business strategy
Commitment of HR and finance to develop, test, and monitor IT systems and programs
Business continuity and disaster plan for IT
Established communication channels for employees to fulfill responsibilities
Adequate communication across organization
Monitoring
Perform monitoring activities
Remediate deficiencies
Periodic evaluations of internal controls
Implementation of improvement recommendations
Assessment of Control
Environment (cont.)
Evaluation of Key
Processes
Process Function
Treasury Cash Management
Reconciliations
Estimation
Methodology
Information
Calculation
Financial Reporting
Accounting Principles and Disclosure
Closing the Books
Report Preparation
General Ledger and Journal Entry Processing
Verification and Review of Results
Expenditures
Purchasing
Receiving
Accounts Payable and Cash Disbursements
Purchase Card Transactions
8
Process Function
Payroll
Hiring
Attendance Reporting
Payroll Accounting and Processing
Payroll Disbursements
Separation
Revenue
Billing
Cash Receipts
Revenue Recognition
Cutoff
Fixed Assets
Physical Custody
Asset and Construction in Progress Accounting
Depreciation
Grant Compliance
Acceptance
Grant Oversight
Compliance
Reporting
Monitoring
Accounting
Billing and Collection
Grant Close Out
Evaluation of Key Processes
(cont.)
1.Auditor’s Responsibilities Under Generally Accepted Auditing Standards (GAAS)
The financial statements are the responsibility of management. Our audit was designed in accordance with auditing
standards generally accepted in the United States of America, and provide for reasonable, rather than absolute,
assurance that the financial statements are free of material misstatement.
2. Significant Accounting Policies
Management has the responsibility for selection and use of appropriate accounting policies. In accordance with the
terms of our engagement letter, we will advise management about the appropriateness of accounting policies and their
application.
The significant accounting policies used by management are described in the notes to the financial statements.
3. Auditor’s Judgments About the Quality of Accounting Principles
We discuss our judgments about the quality, not just the acceptability, of accounting principles selected by
management, the consistency of their application, and the clarity and completeness of the financial statements, which
include related disclosures.
We have reviewed the significant accounting policies adopted by the County and have determined that these policies are
acceptable accounting policies.
Required Communications
10
4. Audit Adjustments
We are required to inform the County’s oversight body about adjustments arising from the audit (whether recorded
or not) that could in our judgment either individually or in the aggregate have a significant effect on the County’s
financial reporting process. We also are required to inform the County’s oversight body about unadjusted audit
differences that were determined by management to be individually and in the aggregate, immaterial.
There were no adjustments identified during the audit process.
5. Fraud and Illegal Acts
We are required to report to the County’s oversight body any fraud and illegal acts involving senior management and
fraud and illegal acts (whether caused by senior management or other employees) that cause a material
misstatement of the financial statements.
Our procedures identified no instances of fraud or illegal acts.
6. Material Weaknesses in Internal Control
We are required to communicate all significant deficiencies in the County’s systems of internal controls, whether or
not they are also material weaknesses.
There were no material weaknesses noted during the audit.
Required Communications
(cont.)
7. Other Information in Documents Containing Audited Financial Statements
None.
8. Disagreements with Management on Financial Accounting and Reporting Matters
None.
9. Significant Difficulties Encountered in Performing the Audit
No significant difficulties.
10. Major Issues Discussed with Management Prior to Acceptance
None.
11. Management Representations
We received certain written representations from management as part of the completion of the audit.
12. Consultation with Other Accountants
To our knowledge, there were no consultations with other accountants since our appointment as the County’s
independent public accountants.
13. Independence
As part of our client acceptance process, we go through a process to ensure we are independent of the County.
We are independent of the County.
Required Communications
(cont.)
14.Non-Audit Services
We provided assistance with drafting the financial statements and completion of the 990’s, which do not impair our independence.
15. Our Responsibility Related to Fraud
Plan and perform the audit to obtain reasonable assurance that there is no material misstatement caused by error or fraud;
Comply with AU-C Section 240: Consideration of Fraud in a Financial Statement Audit;
Approach all audits with an understanding that fraud could occur in any entity, at any time, by anyone; and
Perform mandatory procedures required by GAAS and our firm policies.
Examples of Procedures Performed
Discuss thoughts and ideas on where the financial statements might be susceptible to material misstatement due to fraud;
Understand pressures on the financial statement results;
Understand the tone and culture of the organization;
Look for unusual or unexpected transactions, relationships, or procedures;
Discussions with individuals outside of finance;
Evaluate key processes and controls; and
Consider information gathered throughout the audit.
Required Communications
(cont.)
Opportunity
Generally provided through weaknesses in internal control
Tone at the top is important
We assess controls and tone at the top
Pressure
Pressure can be imposed due to economic troubles, personal
vices and unrealistic deadlines and performance goals
There are increased pressures due to economy and minimal
salary increases
Rationalization
Individuals develop a justification for their fraudulent activities
Increased rationalization due to minimal salary increases and
less personnel
PRESSURE
Engagement Team
Contact Information
Christopher Lehman, CPA
Audit Partner
Office: 410-584-2201
Cell: 301-785-7408
clehman@sbandcompany.com
Executive Assistant: Danae Henry
Office: 410-584-0060
dhenry@sbandcompany.com
15
Maryland
10200 Grand Central Avenue
Suite 250
Owings Mills, MD 21117
410.584.0060
Washington, D.C.
1200 G Street, NW
Suite 809
Washington, DC 20005
202.434.8684
Budget & Finance
FY2024 General Fund Review
General Fund Budget
Budget and Finance
Year End Review 1
$281,060,350 $303,592,950$22,532,600
Original Budget *Adjustments Final Budget
*$5.2M related to reserves;
$4.2M related to in-kind;
$2.7M related to sale of property and;
$10.4M related to grants & other revenues.
FY2023 General Fund
Revenues Expenditures Net (Reserves)
$339,113,528 $338,933,983 $179,544
Budget and Finance
Year End Review 6
General Fund Cash Reserve
Budget and Finance
Year End Review 7
FY23
$73.2M or
24.58%
FY24
$73.5M or
22.39%
FY2024 Revenue Highlights
Budget and Finance
Year End Review 8
Significant Revenues over/(under) final
budget
Real Property Tax 5.5M
Personal Property Tax 2.2M
Income Tax 8.6M
Recordation Tax (0.8)M
Interest 13.5M
Other 6.5M
Total 35.5M
FY2024 Expenditure Highlights
Budget and Finance
Year End Review 9
Significant Expenditures (over)/under final budget
Transfer to Capital (19.0)M
Debt Service (8.5)M
Wages (1.0)M
Benefits (5.7)M
Departmental operations 0.2M
Controllable assets (1.3)M
Total (35.3)M
Budget and Finance
Year End Review 10
Upcoming Expenditures
Upcoming Expenditures
Additional changes to the salary scale to remain
competitive and retain employees
Infrastructure maintenance
Public Safety organizational changes
Requests/Feedback
Budget and Finance
Year End Review 12
•Commissioner Requests
•Feedback
Thank you
Kelcee Mace
Chief Financial Officer
Washington County, MD
(240) 313-2305
Connect with us
www.washco-md.net
Open Session Item
SUBJECT: FY25 Funding Request – Board of Education
PRESENTATION DATE: November 19, 2024
PRESENTATION BY: Kelcee Mace, Chief Financial Officer
RECOMMENDED MOTION: Motion to approve one-time capital funding requests for the
Board of Education, to be funded with capital reserves.
REPORT-IN-BRIEF: Staff has received two requests from the Board of Education for one-
time capital funding.
DISCUSSION: The Board of Education has submitted two requests for one-time capital funds.
The first request is for $225,000 to support the purchase of visitor management software and the
necessary hardware (tablets and badge printers). This software does scans of an individual’s
Govt. issued ID prior to allowing them access to the building. This will allow WCPS the ability
to keep individuals with concerning backgrounds from entering our schools. The majority of
school systems in the state have implemented this type of software. The second request is for
$422,910 for the replacement of three (3) school busses. WCPS replaces approximately fifteen
(15) school buses annually.
FISCAL IMPACT: $647,910 from Capital Reserves
CONCURRENCES: Jeffrey Proulx, Chief Operating Officer, WCPS; Dr. David Sovine,
Superintendent, WCPS
ALTERNATIVES: N/A
ATTACHMENTS: N/A
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Contract Award (PUR-1707) for Gasoline and Diesel Fuel Deliveries
PRESENTATION DATE: November 19, 2024
PRESENTATION BY: Brandi Naugle, CPPO, Buyer, Purchasing Department; Zane Rowe,
Deputy Director, Washington County Highway Department.
RECOMMENDED MOTION: Move to award the bids for gasoline and diesel fuel transport
deliveries under four (4) separate contracts to the responsive, responsible bidders who submitted
the lowest bids. Item No. 7 of the bid will be contingent upon individual departmental
requirements.
1. Contract for gasoline tank-wagon deliveries to James River Solutions LLC of
Ashland, VA at the unit bidder factor prices as stated in its bid dated October 17,
2024.
2. Contract for gasoline transport deliveries to Petroleum Traders Corporation
of Fort Wayne, IN. at the unit bidder factor price s as stated in its bid dated
October 18, 20 24.
3. Contract for diesel tank-wagon deliveries to James River Solutions LLC of
Ashland, VA at the unit bidder factor prices as stated in its bid dated October 17,
2024.
4. Contract for diesel transport deliveries to Petroleum Traders Corporation of
Fort Wayne, IN. at the unit bidder factor prices stated in its bid dated October 18,
2024.
REPORT-IN-BRIEF: The following tabulations listed below were made from the bids received
on October 21, 2024 , based on the bid factor submitted for the contract period that is tentatively
to begin on December 1, 2024, and end on November 30, 2025. The contracts are for a one (1)
year term with no option to renew. These are requirements contracts and the County guarantees
neither a maximum nor a minimum quantity.
The Invitation to Bid was advertised on the State of Maryland’s eMMA “eMaryland
Marketplace Advantage” website, on the County’s website, the County’s new online bidding site
and in the local newspaper. Thirty-five (35) persons/companies registered/downloaded the bid
document online and seven (7) bids were received. The bids were evaluated based on the
bidder’s bid factor; bids were submitted as per the attached bid tabulation.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
DISCUSSION: The contract requirements for the City of Hagerstown, Washington County
Public Schools and Hagerstown Community College are also included in the above
recommendations. Those entities will also make their own formal contract awards.
FISCAL IMPACT: Funds are available in various departmental operating budgets for fuels.
CONCURRENCES: N/A
ATTACHMENTS: The complete Bid Tabulation may be viewed online at https://www.washco-
md.net/wp-content/uploads/purch-pur-1707-bidtab.pdf
Open Session Item
SUBJECT: Bid Award (PUR -1708) Swimming Pool and Water/Wastewater Treatment Chemicals
PRESENTATION DATE: November 19, 2024
PRESENTATION BY: Brandi Naugle, CPPO, Buyer, Purchasing Department; Davina Yutzy,
Deputy Director of Water Quality Operations Division of Environmental Management; Mark
Bradshaw, Division Director of Environmental Management.
RECOMMENDED MOTION: Move to award the bids for Swimming Pool and
Water/Wastewater Treatment Chemicals to the responsive, responsible bidders with the lowest bids
for each item.
Product/
(Estimated Annual Usage)
Vendor
Item No. 4 Polymer PolluTech Inc. $13.68 Gallon
Item No. 10 Sulfuric Acid 93%-95% Univar $6.97 Gallon
Item No. 11 Sodium Hypochlorite Univar $5.08 Gallon
Item No. 12 Potassium Permanganate Chemrite Inc. $2.49 Pound
Item No. 13 Caustic Soda (Sodium Hydroxide) Univar $3.10 Gallon
Item No. 15 Hydrofluosilicic Acid (H2SiF6) Univar $5.45 Gallon
(Sharpsburg)
Item No. 16 Hydrofluosilicic Acid (H2SiF6) Univar $5.45 Gallon
(Cascade Well House)
Item No. 17 DelPac 2000 USALCO $0.24 Pound
(Polyaluminum Chloride Hydroxide Sulfate Solution) or PAX-XL6
Item No. 19 Sodium Hypochlorite Univar $5.08 Gallon
Item No. 22 Muriatic Acid North Industrial Chemical $35.63 Gallon
Item No. 24 DelPac 2020
(Polyaluminum Hydroxychlorosulfate Solution) Univar $4.70 Gallon
Item No. 29 Bacterial Enzymatic Powder Maryland Chemical Co. $8.73 Pound
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Item No. 33 DelPac 2000 Univar $5.72 Gallon
(Aluminum Chloride Hydroxide Sulfate)
Item No. 34 Liquid Aluminum Sulfate Univar $2.21 Gallon
Item No. 35 Micro C 2000 George S.Coyne Chemical $4.68 Gallon
REPORT-IN-BRIEF: The County accepted bids on October 22, 2024, for the swimming pool
and water/wastewater treatment chemical requirements for County departments as well as for the
City of Hagerstown and the Town of Boonsboro. The Invitation to Bid was advertised on the State
of Maryland’s eMMA “eMaryland Marketplace Advantage” website, on the County’s website, in
the local newspaper, and on the County’s online bidding site . Forty (40) persons/companies
registered/downloaded the bid, and seven teen (17) bids were received, two of which were deemed
non-responsive due to not submitting their bids on the correct forms.
The term of this contract is for a one (1) year period tentatively beginning December 1, 2024, and
ending November 30, 2025, with no options for renewal. The above recommendations are for the
County’s requirements only; the City of Hagerstown and the Town of Boonsboro shall make their
awards independently from the County. The County guarantees neither a minimum/maximum
quantity of chemicals to be purchased under this contract.
DISCUSSION: N/A
FISCAL IMPACT: Funds are available in various accounts for chemicals for the Department of
Water Quality Facilities and the Parks and Recreation Department.
CONCURRENCES: County using departments.
ALTERNATIVES: N/A
ATTACHMENTS: The complete Bid Tabulation may be viewed online https://www.washco-
md.net/wp-content/uploads/purch-pur-1708-bidtab.pdf
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session
SUBJECT: Sole Source Procurement (PUR-1716) Keystone (CAD) Interface
PRESENTATION DATE: November 19, 2024
PRESENTATION BY: Brandi Naugle, CPPO, Buyer, Purchasing; Alan Matheny, Director of
Emergency Management & Communications
RECOMMENDATION: Move to authorize a Sole Source procurement for CAD Interface software,
maintenance, and annual licensing fees used by the Division of Emergency Services (DES) in the amount
of $129,185 from Keystone Public Safety Inc., of Maple Shade, NJ.
REPORT-IN-BRIEF: DES wishes to apply Sections 1-106.2(a)(1) & (2) of the Code of Local Public Laws of
Washington County, Maryland, to the procurement requested. These sections state that a sole source procurement
is authorized and permissible when: (1) Only one source exists that meets the County’s requirements.
This request requires the approval of four of the five Commissioners in order to proceed with a sole
source procurement. If approved, the following remaining steps of the process will occur as outlined by
the law: 1) Not more than ten (10) days after the execution and approval of a contract under this section,
the procurement agency shall publish notice of the award in a newspaper of general circulation in the
County and 2) An appropriate record of the sole source procurement shall be maintained as required.
The above approval is for the software, maintenance, and annual licensing fees for the following systems
within the Emergency Services department: Computer Aided Dispatch (CAD) Licensing for the main
and the backup 911 Center, which includes the Keystone Client, and the Web Client. This also c onsists
of the CryWolfe Interface, used for processing false alarm information and for billing. All other interface
components are provided by outside software that communicates with the internal CAD system in order
to complete call processing, dispatching, logging, mapping, recording, reporting, and web accesses.
DISCUSSION: This is a sole-source procurement request; the requested vendor (Keystone) is the
provider of the CAD operating software utilized by the Counties Emergency Communication Center.
FISCAL IMPACT: Funds are available in the department's operating budget 515180-10-11440 in the
amount of $287,620.
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: Keystone Public Safety’s quote dated 7/24/24
keystone
Public Safety, Inc
ONE TALL OAKS CORPORATE CENTER
1000 LENOLA RD, SUITE 101
MAPLE SHADE, NJ 08052
Invoice
Date
Invoice #
7/24/2024
5140
Bill To
WASHINGTON COUNTY EMERGENCY COMMUNICATION
ATTN: JAMES MILLS
16232 ELLIOT PARKWAY
WILLIAMSPORT, MD 21795-4083
Terms P.O. No
Net 30
Quantity
Description
Rate
Amount
I
Software Maint: 07/01/2024-06/30/2025 - PRIMARY SYSTEM
0.00
0.00
I
ALPHA PAGING
1,919.00
1,919.00
1
CAD (23 Users)
74,330.00
74,330.00
1
CryWolf Interface
1,178.00
1,178.00
1
EPCR Interface
3,461.00
3,461.00
1
ESO Interface
1,561.00
1,561.00
1
Keystone Client (30 Users)
2,213.00
2,213.00
1
Keystone RT
2,394.00
2,394.00
1
MCC7500 Radio Interface
2,766.00
2,766.00
1
MOSCAD Interlace
1,380.00
1,380.00
1
OS Support (51 Users)
1,785.00
1,785.00
1
Update Server
746.00
746.00
1
Web Client Users (24 Users)
1,523.00
1,523.00
1
ZETRON interface
4,156.00
4,156.00
1
NICE SQL Interface
1,417.00
1,417.00
Universe Maint: 07/01/2024-06/30/2025 - PRIMARY SYSTEM
I
UniVerse: SM 20070869 (51 Users)
6,528.00
6,528.00
1
UVNET
2,540.00
2,540.00
Software Maint: 07/01/2024-06/30/2025 - BACKUP SYSTEM
l
CAD - Backup (23 Users)
2,076.00
2,076.00
1
Interfaces - Backup
976.00
976.00
1
KeyGuard - Backup
4,789.00
4,789.00
1
Keystone Client - Backup (30 Users)
1,736.00
1,736.00
1
OS Support - Backup (51 Users)
1,785.00
1.785.00
UniVerse Maint: 07/01/2024-06/30/2025 - BACKUP SYSTEM
I
UV - Backup SIN 32423408 (52 Users)
6,656.00
6,656.00
l
UVNET - Backup
1,270.00
1,270.00
Total $129,185.00
Payments/Credits $0.00
Balance Due
$129,185.00
Open Session Item
SUBJECT: Certified Rebuild of the Caterpillar 345BL Excavator (PUR-1717)
PRESENTATION DATE: November 19, 2024
PRESENTATION BY: David A. Mason, P.E., Deputy Director, Department of Solid Waste
RECOMMENDATION: Move to authorize by Resolution, Carter Machinery Company, Inc of Salem
VA, to perform a certified rebuild of the Caterpillar 345BL Excavator in the total sum of $531,208.10.
REPORT-IN-BRIEF: The Solid Waste Department is requesting to rebuild one (1) Caterpillar 345BL
Excavator. The excavator was purchased new in 2000 and has 17,733 hours. This equipment meets the
requirements for replacement in the County’s Vehicle and Replacement Policy.
A certified rebuild of equipment involves a complete overhaul of all mechanical, electrical and
hydraulic systems, and structural frame repair and refurbishment. Carter Machinery is the regional
Dealer and Repair Facility for Caterpillar, they must complete the work.
Payments will be financed over a two-year (2) period at a fixed rate of 6.44% with two (2) payments
of $264,604.05.
The County will benefit from the direct cost savings with the rebuild of the excavator; the replacement
with a 2025 349 Excavator would cost approximately $1,000,000.
DISCUSSION: N/A
FISCAL IMPACT: Funds in the amount of $1,167,700 are budgeted in the department’s Operating
Budget 535055-21-21020.
CONCURRENCES: Division Director
ATTACHMENTS: CAT Agreement and Quote
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Governmental Equipment Lease-Purchase Agreement
US Governmental Equipment Lease-Purchase Agreement 4775804 04/11/2024 02:43:29 PM Ref. 2168930
In reliance on your selection of the equipment described below (each a “Unit”), we have agreed to acquire and lease the Units to you, subject to the terms of
this Agreement. Until this Agreement has been signed by our duly authorized representative, it will constitute an offer by you to enter into this
Agreement with us on the terms stated herein.
2. DESCRIPTION OF THE UNITS
DESCRIPTION OF UNITS
Whether the Unit is new or used, the model
number, the manufacturer, and the model name
SERIAL/VIN
Unique ID number for this
Unit
MONTHLY
LEASE PAYMENT
This is due per period, as
stated below in section 3.
FINAL LEASE
PAYMENT
DELIVERY DATE
Enter date machine was
delivered to you.
empty
1 Used 2000 Caterpillar 345BIIL Hydraulic
Excavator
AGS00349 SEE ATTACHMENT $1.00 _________________
empty
TERMS AND CONDITIONS
3.Lease Payments; Current Expense You will pay us the lease
payments, including the final lease payment set forth above
(collectively, the "Lease Payments"). Lease Payments will be paid
by you to us according to the attached payment schedule; provided
that all amounts owing hereunder will be due by the final lease
payment date. A portion of each Lease Payment constitutes
interest and the balance of each Lease Payment is payment of
principal. The Lease Payments will be due without demand. You
will pay the Lease Payments to us at CATERPILLAR FINANCIAL
SERVICES CORP., P.O. BOX 13834, NEWARK, NJ 07188-0834 or
such other location that we designate in writing. Your obligations,
including your obligation to pay the Lease Payments due in any
fiscal year, will constitute a current expense of yours for such fiscal
year and will not constitute an indebtedness of yours within the
meaning of the constitution and laws of the State in which you are
located (the "State"). Nothing in this Agreement will constitute a
pledge by you of any taxes or other moneys, other than moneys
lawfully appropriated from time to time for the payment of the
“Payments” (as defined in the last sentence of this Section) owing
under this Agreement. You agree that, except as provided in
Section 7, your duties and liabilities under this Agreement and
any associated documents are absolute and unconditional.
Your payment and performance obligations are not subject to
cancelation, reduction, or setoff for any reason. You agree to
settle all claims, defenses, setoffs, counterclaims and other
disputes you may have with the Supplier, the manufacturer of
the Unit, or any other third party directly with the Supplier, the
manufacturer or the third party, as the case may be. You will
not assert, allege or make any such claim, defense, setoff,
counterclaim or other dispute against us or with respect to the
payments due us under this Agreement. As used in this
Agreement, "Payments" will mean the Lease Payments and any
other amounts required to be paid by you.
4.Late Charges If we do not receive a Payment on the date it is due,
you will pay to us, on demand, a late payment charge equal to the
lesser of five percent (5%) of such Payment or the highest charge
allowed by law.
5.Security Interest To secure your obligations under this
Agreement, you grant us a continuing first priority security interest in
each Unit (including any Additional Collateral), including all
attachments, accessories and optional features (whether or not
installed on such Units) and all substitutions, replacements,
additions, and accessions, and the proceeds of all the foregoing,
including, but not limited to, proceeds in the form of chattel paper.
You authorize the filing of such financing statements and will, at
your expense, do any act and execute, acknowledge, deliver, file,
register and record any document, which we deem desirable to
protect our security interest in each Unit and our rights and benefits
under this Agreement. You, at your expense, will protect and
defend our security interest in the Units and will keep the Units free
and clear of any and all claims, liens, encumbrances and legal
processes however and whenever arising.
6.Disclaimer of Warranties WE HAVE NOT MADE AND DO NOT
MAKE ANY WARRANTY, REPRESENTATION OR COVENANT
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE UNITS. AS
TO US, YOUR LEASE AND PURCHASE OF THE UNITS WILL BE
ON AN "AS IS" AND "WHERE IS" BASIS AND "WITH ALL
FAULTS”. Nothing in this Agreement is intended to limit,
waive, abridge or otherwise modify any rights, claims, or
causes of action that you may have against any person or
entity other than us.
7. Non-Appropriation You have an immediate need for, and expect to
make immediate use of, the Units. This need is not temporary or
1. PARTIES
LESSOR (“we”, “us”, or “our”):LESSEE (“you” or “your”):
CATERPILLAR FINANCIAL SERVICES CORPORATION
2120 West End Avenue
Nashville, TN 37203
BOARD OF COUNTY COMMISSIONERS OF WASHINGTON
COUNTY, MARYLAND
100 WEST WASHINGTON ST. PURCHASE DEPT. - RM 238
HAGERSTOWN, MD 21740
US Governmental Equipment Lease-Purchase Agreement 4775804 04/11/2024 02:43:29 PM Ref. 2168930
expected to diminish during the term of this Agreement. To that
end, you agree, to the extent permitted by law, to include in your
budget for the current and each successive fiscal year during the
term of this Agreement, a sufficient amount to permit you to
discharge your obligations under this Agreement. Notwithstanding
any provision of this Agreement to the contrary, we and you agree
that, in the event that prior to the commencement of any of your
fiscal years you do not have sufficient funds appropriated to make
the Payments due under this Agreement for such fiscal year, you
will have the option of terminating this Agreement as of the date of
the commencement of such fiscal year by giving us sixty (60) days
prior written notice of your intent to terminate. No later than the last
day of the last fiscal year for which appropriations were made for
the Payments (the "Return Date"), you will return to us all of the
Units, at your sole expense, in accordance with Section 14, and this
Agreement will terminate on the Return Date without penalty or
expense to you and you will not be obligated to pay the Lease
Payments beyond such fiscal year; provided, that you will pay all
Payments for which moneys have been appropriated or are
otherwise available; and provided further, that you will pay
month-to-month rent at the rate set by us for each month or part of
any month that you fail to return the Units.
8.Tax Warranty You will, at all times, do and perform all acts and
things necessary and within your control to ensure that the interest
component of the Lease Payments will, for the purposes of Federal
income taxation, be excluded from our gross income. You will not
permit or cause your obligations under this Agreement to be
guaranteed by the Federal Government or any branch or
instrumentality of the Federal Government. You will use the Units
for the purpose of performing one or more of your governmental
functions consistent with the scope of your authority and not in any
trade or business carried on by a person other than you. You will
report this Agreement to the Internal Revenue Service by filing
Form 8038G, 8038GC or 8038, as applicable. Failure to do so will
cause this Agreement to lose its tax exempt status. You agree that
if the appropriate form is not filed, the interest rate payable under
this Agreement will be raised to the equivalent taxable interest rate.
If the use, possession or acquisition of the Units is determined to be
subject to taxation, you will pay when due all taxes and
governmental charges assessed or levied against or with respect to
the Units.
9. Assignment You may not, without our prior written consent, by
operation of law or otherwise, assign, transfer, pledge, hypothecate
or otherwise dispose of your right, title and interest in and to this
Agreement and/or the Units and/or grant or assign a security
interest in this Agreement and/or the Units, in whole or in part. We
may not transfer, sell, assign, pledge, hypothecate, or otherwise
dispose of our right, title and interest in and to this Agreement
and/or the Units and/or grant or assign a security interest in this
Agreement and/or the Units, in whole or in part.
10.Indemnity To the extent permitted by law, you assume liability for,
agree to and do indemnify, protect and hold harmless us and our
employees, officers, directors and agents from and against any and
all liabilities, obligations, losses, damages, injuries, claims,
demands, penalties, actions, costs and expenses (including
reasonable attorney's fees), of whatsoever kind and nature, arising
out of the use, condition (including, but not limited to, latent and
other defects and whether or not discoverable by you or us),
operation, ownership, selection, delivery, storage, leasing or return
of any item of Units, regardless of where, how and by whom
operated, or any failure on your part to accept the Units or
otherwise to perform or comply with any conditions of this
Agreement.
11.11. Insurance; Loss and Damage You bear the entire risk of loss,
theft, destruction or damage to the Units from any cause
whatsoever. No loss, theft, destruction or damage of the Units will
relieve you of the obligation to make Lease Payments or to perform
any obligation owing under this Agreement. You agree to keep the
Units insured to protect all of our interests, at your expense, for
such risks, in such amounts, in such forms and with such
companies as we may require, including but not limited to fire and
extended coverage insurance, explosion and collision coverage,
and personal liability and property damage liability insurance. Any
insurance policies relating to loss or damage to the Units will name
us as loss payee as our interests may appear and the proceeds
may be applied toward the replacement or repair of the Units or the
satisfaction of the Payments due under this Agreement. You agree
to use, operate and maintain the Units in accordance with all laws,
regulations and ordinances and in accordance with the provision of
any policies of insurance covering the Units, and will not rent the
Units or permit the Units to be used by anyone other than you. You
agree to keep the Units in good repair, working order and condition
and house the Units in suitable shelter, and to permit us or our
assigns to inspect the Units at any time and to otherwise protect our
interests in the Units. If any Unit is customarily covered by a
maintenance agreement, you will furnish us with a maintenance
agreement by a party acceptable to us.
12. Default; Remedies An “Event of Default” will occur if (a) you fail to
pay any Payment when due and such failure continues for ten (10)
days after the due date for such Payment or (b) you fail to perform
or observe any other covenant, condition, or agreement to be
performed or observed by you under this Agreement and such
failure is not cured within twenty (20) days after written notice of
such failure from us. Upon an Event of Default, we will have all
rights and remedies available under applicable law. In addition, we
may declare all Lease Payments due or to become due during the
fiscal year in which the Event of Default occurs to be immediately
due and payable by you and/or we may repossess the Units by
giving you written notice to deliver the Units to us in the manner
provided in Section 14, or in the event you fail to do so within ten
(10) days after receipt of such notice, and subject to all applicable
laws, we may enter upon your premises and take possession of the
Units. Further, if we financed your obligations under any extended
warranty agreement such as an Equipment Protection Plan,
Extended Service Contract, Extended Warranty, Customer Service
Agreement, Total Maintenance and Repair Agreement or similar
agreement, we may cancel such extended warranty agreement on
your behalf and receive the refund of the extended warranty
agreement fees that we financed but had not received from you as
of the date of the Event of Default.
13.Miscellaneous This Agreement may not be modified, amended,
altered or changed except by a written agreement signed by you
and us. In the event any provision of this Agreement is found invalid
or unenforceable, the remaining provisions will remain in full force
and effect. This Agreement, together with exhibits, constitutes the
entire agreement between you and us and supersedes all prior and
contemporaneous writings, understandings, agreements,
solicitations, documents and representations, expressed or implied.
Any terms and conditions of any purchase order or other documents
submitted by you in connection with this Agreement which are in
addition to or inconsistent with the terms and conditions of this
Agreement will not be binding on us and will not apply to this
Agreement. You agree that we may correct patent errors in this
Agreement and fill in blanks including, for example, correcting or
filling in serial numbers, VIN numbers, and dates. Any notices
required to be given under this Agreement will be given to the
parties in writing and by certified mail at the address provided in this
Agreement, or to such other addresses as each party may
US Governmental Equipment Lease-Purchase Agreement 4775804 04/11/2024 02:43:29 PM Ref. 2168930
substitute by notice to the other, which notice will be effective upon
its receipt.
14.Title; Return of Units Notwithstanding our designation as “Lessor,”
we do not own the Units. Legal title to the Units will be in you so
long as an Event of Default has not occurred, and you have not
exercised your right of non-appropriation. If an Event of Default
occurs or if you non-appropriate, full and unencumbered title to the
Units will pass to us without the necessity of further action by the
parties, and you will have no further interest in the Units. If we are
entitled to obtain possession of any Units or if you are obligated at
any time to return any Units, then (a) title to the Units will vest in us
immediately, and (b) you will, at your expense, promptly deliver the
Unit to us properly protected and in the condition required by
Section 11. You will deliver the Unit, at our option, (i) to the nearest
Caterpillar dealer selling equipment of the same type as the Unit; or
(ii) on board a carrier named by us and shipping the Unit, freight
collect, to a destination designated by us. If the Unit is not in the
condition required by Section 11, you must pay us, on demand, all
costs and expenses incurred by us to bring the Unit into the
required condition. Until the Units are returned as required above,
all terms of this Agreement will remain in full force and effect
including, without limitation, your obligation to pay Lease Payments
and to insure the Units.
15.Other Documents In connection with the execution of this
Agreement, you will cause to be delivered to us (i) either (A) a
certified copy of your authorizing resolution substantially in the form
attached as Attachment B and a copy of the minutes of the relevant
meeting or (B) an opinion of your counsel substantially in the form
attached as Attachment C; (ii) a copy of the signed Form filed with
the Internal Revenue Service required in Section 8 above as
Attachment D; and (iii) any other documents or items required by
us.
16.Applicable Law This Agreement will be governed by the laws,
excluding the laws relating to the choice of law, of the State in which
you are located.
SIGNATURES
LESSOR CATERPILLAR FINANCIAL SERVICES
CORPORATION LESSEE BOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY, MARYLAND
Signature ____________________________________Signature ____________________________________
Name (Print)____________________________________Name (Print)____________________________________
Title ____________________________________Title ____________________________________
Date ____________________________________Date ____________________________________
Purchase Agreement
US Purchase Agreement 4775804 04/11/2024 02:43:29 PM Ref. 2168930
Caterpillar: Confidential Green
This Purchase Agreement is between CARTER MACHINERY COMPANY, INCORPORATED ("Vendor") and Caterpillar Financial
Services Corporation ("Cat Financial"). Vendor agrees to sell to Cat Financial and Cat Financial agrees to buy from Vendor the equipment
described below (the "Unit(s)"), subject to the terms and conditions set forth below and on the reverse side hereof.
Description of Unit(s)Serial#VIN #Freight Total Price
(1) 345BIIL CATERPILLAR Hydraulic Excavator AGS00349 $0.00 $535,864.66
Lessee:
BOARD OF COUNTY
COMMISSIONERS OF
WASHINGTON COUNTY,
MARYLAND
100 WEST WASHINGTON ST.
PURCHASE DEPT. - RM 238
HAGERSTOWN, MD 21740
Subtotal
Federal Excise Tax
Other Tax
Total Purchase Price
Unit(s) Delivery Point:
12630 EARTH CARE RD
HAGERSTOWN, MD 21740-2189
$535,864.66
$0.00
$0.00
$535,864.66
See next page for additional terms and conditions.
SIGNATURES
Additional Terms and Conditions
US Purchase Agreement 4775804 04/11/2024 02:43:29 PM Ref. 2168930
Caterpillar: Confidential Green
1. The lessee named on the front hereof (the "Lessee") has selected the Unit(s), instructed Cat Financial to purchase the Unit(s) from
Vendor, and agreed to lease the Unit(s) from Cat Financial.
Payment Schedule
US Payment Schedule 4775804 04/11/2024 02:43:39 PM Ref. 2168930
1. PARTIES
LESSOR emp
ty LESSEE
empty
CATERPILLAR FINANCIAL SERVICES CORPORATION emp
ty BOARD OF COUNTY COMMISSIONERS OF WASHINGTON
COUNTY, MARYLAND
2. PAYMENT SCHEDULE
PAYMENT NUMBER PAYMENT DATE PAYMENT AMOUNT
1 - 24 _______________________$23,648.90
25 _______________________$1.00
SIGNATURES
CATERPILLAR FINANCIAL SERVICES CORPORATION BOARD OF COUNTY COMMISSIONERS OF WASHINGTON
COUNTY, MARYLAND
Signature _________________________________________ Signature _________________________________________
Name (Print)_________________________________________ Name (Print)_________________________________________
Title _________________________________________Title _________________________________________
Date _________________________________________ Date _________________________________________
Opinion of Counsel
US Opinion of counsel 4775804 04/11/2024 02:43:39 PM Ref. 2168930
Re: Governmental Equipment Lease-Purchase Agreement (Contract Number 001-70160627) (the “Lease”)
Sir/Madam:
I am an attorney for Lessee, and in that capacity, I am familiar with the above-referenced transaction, the Lease, and all other documents
pertaining to the Lease (the Lease and such other documents pertaining to the Lease being referred to as the “Lease Agreements”).
Based on my examination of these and such other documents, records and papers and matters of fact and laws as I deemed to be relevant and
necessary as the basis for my opinion set forth below, upon which opinion Lessor and any subsequent assignee of Lessor’s interest may rely, it is my
opinion that:
1.Lessee is a fully constituted political subdivision or agency duly organized and existing under the Constitution and laws of the State of Maryland
(the “State”), and is authorized by such Constitution and laws (i) to enter into the transaction contemplated by the Lease Agreements and (ii) to
carry out its obligations thereunder.
2.The Lease Agreements (i) have been duly authorized, executed and delivered by Lessee and (ii) constitute valid, legal and binding obligations
and agreements of Lessee, enforceable against Lessee in accordance with their terms, assuming due authorization and execution thereof by
Lessor.
3.No further approval, license, consent, authorization or withholding of objections is required from any federal, state or local governmental authority
with respect to the entering into or performance by Lessee of the Lease Agreements and the transactions contemplated by the Lease Agreements.
4.Lessee has sufficient appropriations or other funds available to pay all amounts due under the Lease Agreements for the current fiscal year.
5.The interest payable to Lessor by Lessee under the Lease Agreements is exempt from federal income taxation pursuant to Section 103 of the
Internal Revenue Code of 1986, as amended.
6.The entering into and performance of the Lease Agreements will not (i) conflict with, or constitute a breach or violation of, any judgment, consent
decree, order, law, regulation, bond, indenture or lease applicable to Lessee, or (ii) result in any breach of, or constitute a default under, or result
in the creation of, any lien, charge, security interest or other encumbrance upon any assets of Lessee or the Units (as defined in the Lease)
pursuant to any indenture, mortgage, deed of trust, bank loan, credit agreement or other instrument to which Lessee is a party, or by which it or
its assets may be bound.
7.No litigation or proceeding is pending or, to the best of my knowledge, threatened to, or which may, (a) restrain or enjoin the execution, delivery
or performance by Lessee of the Lease Agreements, (b) in any way contest the validity of the Lease Agreements, (c) contest or question (i) the
creation or existence of Lessee or its governing body or (ii) the authority or ability of Lessee to execute or deliver the Lease Agreements or to
comply with or perform its obligations under the Lease Agreements. There is no litigation or proceeding pending or, to the best of my knowledge,
threatened that seeks to or could restrain or enjoin Lessee from annually appropriating sufficient funds to pay the Lease Payments (as defined
in the Lease) or other amounts contemplated by the Lease Agreements. In addition, I am not aware of any facts or circumstances which would
give rise to any litigation or proceeding described in this paragraph.
8.The Units are personal property and, when subjected to use by Lessee, will not be or become fixtures under the laws of the State.
9.The authorization, approval and execution of the Lease Agreements, and all other proceedings related to the transactions contemplated by the
Lease Agreements, have been performed in accordance with all applicable open meeting, public records, public bidding and all other applicable
laws, rules and regulations of the State.
10.The appropriation of moneys to pay the Lease Payments coming due under the Lease and any other amounts contemplated by the Lease
Agreements does not and will not result in the violation of any constitutional, statutory or other limitation relating to the manner, form or amount
of indebtedness which may be incurred by Lessee.
11.The Lessor will have a perfected security interest in the Units upon the filing of an executed UCC-1 or other financing statement at the time of
acceptance of the Units with the Secretary of State for the State.
SIGNATURE
Name(Print):_____________________________________Date:_____________________________________
Signature:_____________________________________Address:_____________________________________
Title:__________________________________________________________________________
_____________________________________
CATERPILLAR INSURANCE COMPANY (CIC) SELECTION FORM
US CAT INSURANCE SELECTION FORM 4775804 04/11/2024 02:43:39 PM Ref. 2168930
Before financing your equipment, you must arrange physical damage insurance on the equipment identified below. The insurance may be
provided through an insurance agent or insurance company of your choice, provided the insurance company satisfies minimum financial
requirements.
As an alternative to obtaining your own insurance, you may elect to have your equipment insured under coverage arranged by
Caterpillar Insurance Services Corporation, that has been designed specifically for the purchasers of Cat® equipment.
Please complete this form if you elect to insure your equipment with Caterpillar Insurance Company (CIC).
CIC Physical Damage Insurance Policy Summary
Please note: This is only a brief description of the CIC Physical Damage Insurance Program. Contractual provisions contained in the
policy will govern.
Coverage
CIC Physical Damage Insurance protects your equipment against physical damage losses, including collision, fire, theft, vandalism, upset
or overturn, floods, sinking, earthquakes and other unfortunate acts of nature. The protection has been designed for owners of heavy
equipment and provides superior benefits you most likely would not find in other plans.
The CIC Physical Damage Insurance does include normal exclusions. Some important exclusions are wear and tear, rust, loss of income,
war, nuclear damage, and mechanical breakdown, automobiles, watercraft, waterborne shipments, tires or tubes or mobile track belts
damaged by blow-out, puncture, and road damage.
Repairs
When a covered loss occurs, this plan will pay for Cat® replacement parts on all your new or used Caterpillar equipment.On all
equipment from other manufacturers, the plan will pay for comparable replacement parts.
Transportation
Your CIC plan will pay for round-trip transportation of covered damaged equipment to and from your Cat dealer’s repair facility, up to
$2,500 limit.
Rental Reimbursement
The plan allows for rental costs up to $2,500 that you incur to rent similar equipment following a covered loss. You are automatically
protected with up to $100,000 of coverage for damage to the similar equipment you rent.
Claims
In the event of a total loss, the policy will pay the greatest of the following:
- The payoff value of the loan on the damaged parts or equipment as of the date of loss or
- The actual cash value of that covered property; or
- The cost of replacing that property with property of like kind and quality
The policy will pay 10% of scheduled loss, up to a $10,000 maximum for debris removal.
The policy will pay fire department service fees up to $5,000.
Deductible
$1,000 Construction and Agricultural Equipment Deductibles:
$5,000 deductible all logging Equipment
Customer Service
If you have any questions or need additional details, see your Authorized Cat Dealer or call CIC toll free at 1-800-248-4228.
You may also e-mail CIC at physicaldamage@cat.com
POLICYHOLDER DISCLOSURE
NOTICE OF TERRORISM RISK INSURANCE ACT OF 2002
(as extended by the Terrorism Risk Insurance Extension Act of 2005, and as amended in 2007)
You are hereby notified that under the Terrorism Risk Insurance Act, as amended in 2007, the definition of act of terrorism has changed. As defined in
Section 102(1) of the Act: The term "act of terrorism" means any act that is certified by the Secretary of the Treasury - in concurrence with the Secretary of
State, and the Attorney General of the United States - to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property,or
infrastructure; to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises
of a United States mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United
States or to influence the policy or affect the conduct of the United States Government by coercion.
Under your coverage, any losses resulting from certified acts of terrorism may be partially reimbursed by the United States Government under a formula
established by the Terrorism Risk Insurance Act, as amended in 2007. However, your policy may contain other exclusions, which might affect your coverage,
such as an exclusion for nuclear events. Under the formula, the United States Government generally reimburses 85% of covered terrorism losses exceeding
the statutorily established deductible paid by the insurance company providing the coverage. The Terrorism Risk Insurance Act, as amended, contains a
$100 billion cap that limits U.S. Government reimbursement as well as insurers' liability for losses resulting from certified acts of terrorism when the amount
of such losses exceeds $100 billion in any one calendar year. If the aggregate insured losses for all insurers exceed $100 billion, your coverage may be
reduced. The portion of your premium that is attributable to coverage for terrorist acts certified under the Act is: $ 0.00
US CAT INSURANCE SELECTION FORM 4775804 04/11/2024 02:43:39 PM Ref. 2168930
APPLICATION FOR CIC PHYSICAL DAMAGE INSURANCE
Model #Equipment Description Serial #VIN Value Including
Total Tax
Pymt Method-3
Total Premium
Pymt Method-1
Finance Pymt
1. 345BIIL Caterpillar Hydraulic
Excavator AGS00349 $535,864.66 $12,090.00 $533.06
___________________________________
Marsha Blaisdell, Authorized Insurance Producer
US CAT INSURANCE SELECTION FORM 4775804 04/11/2024 02:43:39 PM Ref. 2168930
Arranged by Caterpillar Insurance Services Corporation
I understand that the total insurance premium for 24 months will be $12,090.00, which is $6045.00 per year based upon the total
equipment value of $535,864.66.
Method 1 I will finance the insurance premium, including finance charges, of $533.06 per scheduled equipment payment.
The finance charge is calculated at 5.49% per annum on the total insurance premium covering the full term of
the finance agreement. By choosing Method 1 and signing this document you are agreeing to finance the
insurance along with the equipment payments with Caterpillar Financial Services Corporation.
Method 2 I desire coverage for an initial 12 month term. I will pay the $6045.00 premium and return the payment with the
signed equipment documents. Please make check payable to CIC.
Method 3 I will pay the total premium and return the payment with the signed equipment documents. Please make check
payable to CIC.
Method 4 I decline Caterpillar Insurance. I elect to obtain my own commercial insurance on the equipment shown from
an agent or insurance company of my choice.
I understand that the quote I receive is not a binder of insurance. If I elect to obtain coverage from CIC, coverage will be effective in
accordance with the terms and conditions of the issued Policy and that I may terminate the coverage at any time with advance written
notice.
I acknowledge that I have been notified that, under the TERRORISM RISK INSURANCE ACT of 2002 (as extended by the Terrorism
Risk Insurance Extension Act of 2005), any losses caused by certified acts of terrorism under my policy will result in coverage under
my policy that will be partially reimbursed by the United States as outlined in the attached policyholder disclosure notification.
I also acknowledge I have been advised that, if I accept this insurance, an appointed licensed insurance producer will receive commission
compensation.
Customer Name: BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND
Dealer Name: CARTER MACHINERY COMPANY, INCORPORATED
Please note: If you would like a no obligation quote on your additional equipment, call 1-800-248-4228 extension 5754.
Accepted By:_______________________________________Name (PRINT):_______________________________________
Title:_______________________________________Date:_______________________________________
US CAT INSURANCE SELECTION FORM 4775804 04/11/2024 02:43:39 PM Ref. 2168930
Fraud Warning:
Applicable in AL, AR, DC, LA, MD, NM, RI and WV: Any person who knowingly (or willfully)* presents a false or fraudulent claim for payment of a loss
or benefit or knowingly (or willfully)* presents false information in an application for insurance is guilty of a crime and may be subject to fines and
confinement in prison. *Applies in MD Only.
Applicable in CO: It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of
defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance
company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant
for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds
shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies.
Applicable in FL and OK: Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an
application containing any false, incomplete, or misleading information is guilty of a felony (of the third degree)*. *Applies in FL Only.
Applicable in KS: Any person who, knowingly and with intent to defraud, presents, causes to be presented or prepares with knowledge or belief that it
will be presented to or by an insurer, purported insurer, broker or any agent thereof, any written statement as part of, or in support of, an application for
the issuance of, or the rating of an insurance policy for personal or commercial insurance, or a claim for payment or other benefit pursuant to an
insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material
thereto; or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act.
Applicable in KY, NY, OH and PA: Any person who knowingly and with intent to defraud any insurance company or other person files an application for
insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact
material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties (not to exceed five
thousand dollars and the stated value of the claim for each such violation)*. *Applies in NY Only.
Applicable in ME, TN, VA and WA: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the
purpose of defrauding the company. Penalties (may)* include imprisonment, fines and denial of insurance benefits. *Applies in ME Only.
Applicable in NJ:Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil
penalties.
Applicable in OR: Any person who knowingly and with intent to defraud or solicit another to defraud the insurer by submitting an application containing
a false statement as to any material fact may be violating state law.
Applicable in PR: Any person who knowingly and with the intention of defrauding presents false information in an insurance application, or presents,
helps, or causes the presentation of a fraudulent claim for the payment of a loss or any other benefit, or presents more than one claim for the same
damage or loss, shall incur a felony and, upon conviction, shall be sanctioned for each violation by a fine of not less than five thousand dollars ($5,000)
and not more than ten thousand dollars ($10,000), or a fixed term of imprisonment for three (3) years, or both penalties. Should aggravating
circumstances [be] present, the penalty thus established may be increased to a maximum of five (5) years, if extenuating circumstances are present, it
may be reduced to a minimum of two (2) years.
INSURANCE SELECTION FORM-OUTSIDE INSURANCE CARRIER
Form No. USINSUREOUTSIDE_610 Dealer Code: D100
US Insurance Selection Form - Outside Carrier 4775804 04/11/2024 02:43:39 PM Ref. 2168930
Before funding your equipment, you must arrange physical damage insurance on the equipment identified below. The insurance may be provided
through an insurance agent or insurance company of your choice, provided the insurance company satisfies minimum financial requirements.
Physical Damage coverage must show that Caterpillar Financial Services Corporation has been named as loss payee for the equipment's
replacement value. The deductible must be shown. Liability Coverage must be a minimum of $1,000,000 or combined coverage for bodily injury and
property damage per occurrence. Caterpillar Financial Services Corporation must be named as additional insured.
1-800-248-4228, or e-mail PhysicalDamage@cat.com.
Please complete this form to provide contact information for your liability coverage, as well as your physical damage coverage if you did
not elect Caterpillar Insurance for physical damage.
Transaction Number:001-70160627 Dealer Name: CARTER MACHINERY COMPANY, INCORPORATED
Customer’s Name: BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND
Address:
I am responsible for providing insurance against ALL RISKS of direct physical loss or
damage for the actual cash value of the following equipment, subject to common exclusions such as damage caused by corrosion, rust,
mechanical or electrical breakdown, etc.
Model #Equipment Description Serial #VIN#Value Including Tax
1. 345BIIL 2000 Caterpillar Hydraulic Excavator AGS00349 $535,864.66
TO CUSTOMER’S INSURANCE AGENT
I hereby instruct you to add Caterpillar Financial Services Corporation as a Loss Payee for physical damage and as an
Additional Insured for general liability:
Signature _________________________________________
Name(Print)_________________________________________
Title _________________________________________
Date _________________________________________
PLEASE FORWARD A COPY OF THE CERTIFICATE OR BINDER EVIDENCING COVERAGE TO:
CATERPILLAR FINANCIAL SERVICES CORPORATION
2120 West End Avenue
Nashville, TN 37203
PLEASE ATTACH A COPY OF THIS NOTICE TO PROOF OF INSURANCE
CUSTOMER INFORMATION VERIFICATION
Contract Number 001-70160627
US Customer Information Verification Form 4775804 04/11/2024 02:43:49 PM Ref. 2168930
CUSTOMER INFORMATION CHANGES TO CUSTOMER INFORMATION
The changes above apply to: ☐ Current Request for financing ☐ All active contracts
TAX INFORMATION
Tax Exempt** Non-Exempt
Asset outside the City limits Yes ______ No _______
**A Tax Exemption Certificate is required for all tax exempt
customer. If you are tax exempt – please enclose a current
tax exemption certificate to be returned with your
documents.
AUTO PAY INFORMATION (Checking Account Information)
☐ I decline Auto Pay authorization at this time
☐ I request and authorize Caterpillar Financial Services Corporation ("Cat Financial") to begin debiting my account for the amounts due
under the contract(s) indicated below, with debits made to my account and withdrawn by Cat Financial, provided my account has sufficient
collected funds to pay the debit when presented. If my financial institution dishonors any debit for any reason, Cat Financial may issue
another debit in substitution for the dishonored debit and will have no liability on account of a dishonored debit. I agree that Cat Financial's
rights relating to each debit will be the same as if I had personally signed a check. I agree that I will be liable to make payment promptly,
including any applicable late fees, if any debit is not paid, unless Cat Financial or its agents or affiliates are directly responsible for the
nonpayment. I acknowledge that I may cancel this authorization at any time by written notice to Cat Financial, which notice will be effective
10 days after receipt; however, my cancellation of this authorization does not terminate, cancel or reduce my obligations under the
contract(s). I understand that Cat Financial will not notify me in advance of any withdrawal and I agree to waive all pre-notification
requirements in respect of all debits drawn under this authorization. Please use the information below to set up Auto Pay on:
Bank Name Account Name (exactly as it appears on Check)
Routing Number
9 digits
Account Number
3-17 digits
Re-Enter Account Number
3-17 digits
Customer Name:
BOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY, MARYLAND
Physical Address:
100 WEST WASHINGTON ST. PURCHASE DEPT. - RM
238
HAGERSTOWN, MD, 21740
Mailing Address:
COUNTY, MARYLAND, 100 WEST WASHINGTON ST.-
RM 1101
HAGERSTOWN, MD, 21740-4790
Equipment Location:12630 EARTH CARE RD
HAGERSTOWN, MD, 21740-2189
Business Phone:2403132330
Mobile Phone:
E-mail Address:
US Customer Information Verification Form 4775804 04/11/2024 02:43:49 PM Ref. 2168930
CUSTOMER SIGNATURE
The information above has been reviewed and is accurate to the best of my knowledge. For a joint account, all account holders must sign if more
than one signature is required on checks issued against the account.
_________________________________________
Name _________________________________________
Title _________________________________________
empty
For questions or assistance with Auto Pay, or for information about your account, please contact Customer Service, 1-800-651-0567.
Explanation of Content
Contract Number 001-70160627
US Explanation of Content (GOV Lease - 8038G / 8038GC)4775804 04/11/2024 02:43:49 PM Ref.
2168930
Caterpillar: Confidential Green
Thank you for selecting Caterpillar products and for allowing Caterpillar Financial Services Corporation to serve your financing needs. Included
in this document package are all of the forms that will be needed for standard tax exempt lease purchase transactions. The forms have been designed to
be clear, concise and user friendly. We have also provided a brief explanation of the purpose of each form. If you wish to discuss any of the forms or have
any questions about any aspect of this transaction, we encourage you to contact your Caterpillar Dealer or Caterpillar Financial Services Corporation at 1-
866-263-3791 Option # 5.
A.Governmental Equipment Lease-Purchase Agreement. The Governmental Lease-Purchase Agreement contains the terms
that govern each transaction between us. It is the standard Caterpillar Financial Services Corporation tax exempt lease-purchase agreement, and provides
that we will lease to you the equipment described therein pursuant to a full payout amortization schedule. A new Governmental Equipment Lease-Purchase
Agreement will have to be signed in connection with each transaction.
B.Lessee's Authorizing Resolution. The Authorizing Resolution is evidence you have taken the necessary governing body actions to
approve the Governmental Equipment Lease-Purchase Agreement. Although the authorizing instrument is often a resolution, it may also take other forms
such as an ordinance. We are agreeable to using your customary or standard form provided it contains specific approval for the lease-purchase agreement,
designates persons who are authorized to sign on your behalf and either approves the document forms or delegates this authority to a named official C.
Verification of Insurance. The Certificate of Insurance is intended to supply information regarding the insurance coverage for the equipment being
lease-purchased. You will need to supply the requested information to us so we can verify coverage.
D.Opinion of Counsel. An opinion of counsel is required in connection with each Governmental Equipment Lease-Purchase Agreement.
The opinion is intended to confirm that you have complied with all open meeting laws, publication and notice requirements, procedural rules for governing
body meetings, and any other relevant state or local government statutes, ordinances, rules or regulations. We would be unable to confirm compliance
with these laws and regulations ourselves absent long delays and higher costs so we rely upon the opinion of your attorney since he/she may have been
involved in the process to approve our transaction and is an expert in the laws and regulations to which you are subject. The opinion also confirms that
you are an entity eligible to issue tax-exempt obligations and that the Governmental Equipment Lease-Purchase Agreement will be treated as tax-exempt
as it is your obligation to ensure that you have complied with relevant tax law.
E.Form of 8038G or GC. Form 8038 is required by the Internal Revenue Service in order to monitor the amount of tax-exempt obligations
issued. You have to execute a Form 8038 for each Governmental Equipment Lease-Purchase Agreement. Whether a Form 8038 G or GC is required
depends on the original principal amount of the Governmental Equipment Lease-Purchase Agreement. If the original principal amount is less than $100,000
Form 8038GC is filed with the IRS. If the original principal amount is $100,000 or more Form 8038G is filed with the IRS. Choose the appropriate 8038
form and complete according to IRS guidelines. Contact your TM or Sales Support Representative for assistance. IRS Form 8038G
http://www.irs.gov/pub/irs-pdf/f8038g.pdf
IRS Form 8038GC http://www.irs.gov/pub/irs-
pdf/f8038gc.pdf
This Explanation of Contents is prepared as an accommodation to the parties named herein. It is intended as an example of some of the documents that
Caterpillar Financial Services Corporation, in its reasonable judgment, may require and is not intended to constitute legal advice. Please engage and use
your own legal counsel. We understand that the laws of the various states are different so nothing herein shall be construed as a warranty or representation
that the documents listed herein are the only documents that may be required in any particular transaction or that any particular transaction, if documented
in accordance with this Explanation of Contents, will be a valid, binding and enforceable obligation enforceable against the parties named herein in
accordance with the terms of the documents named herein.
Meeting Minutes
US Meeting Minutes Request (GOV Lease - Purchase Deals)4775804 04/11/2024 02:43:49 PM Ref. 2168930
Caterpillar: Confidential Green
CARTER MACHINERY COMPANY, INCORPORATED
1330 LYNCHBURG TPKE
SALEM, VA 24153-0618
Reference:
BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND
We are requesting a copy of the minutes of the appropriation meeting during which the funds for this deal were
allocated.
A copy of this information is necessary to complete the documentation package and to fund the deal. Your ability to
return a complete package will ensure timely payment to you.
Thank you for your assistance.
CATERPILLAR FINANCIAL SERVICES CORPORATION
DOCUMENTATION DEPARTMENT
carter]C3
Carter Machinery Company, Inc.
Remit to: Carter Machinery Co., Inc. Inquiries: PO Box 3096 Salem, VA 24153
PO Box3096 PRO -FORMA INVOICE (800)768-4200
Salem, VA 24153
1037040 4 Please refer to this
number on remittance
SOLD TO SHIP TO
Washington County Landfill
12360 Earth Care Rd
Hagerstown, MD 21740
DOC TYPE
INVOICE
NUMBER
INVOICE
DATE
CUSTOMER NUMBER
CUSTOMER ORDER
STORESTORE
DIV
SALESMAN
TERMS
PAGE
MINV
1037040
9/4/24
9883100
C
2
PSO/WO NO.
DOC. DATE
PC LC
MC
SHIPVIA
INV SEQ
NO.
MAKE
MODEL
SERIAL NUMBER
EQUIPMENTNUMBER
METER READING
MACH ID NO.
AA
345BIIL
AGS00349
QUANTITY I ITEM NIR I DESCRIPTION
UNITPRICE EXTENSION
CAT 345BIIL HYDRAULIC EXCAVATOR REBUILD S/N AGS00349
REBUILD RATE DISCOUNT FOR 3.9% FOR 24 MONTHS FINANCING
THROUGH CAT FINANCIAL
Carter makes no warranty, express or implied, as to any matter except as provided In its
separate statement of"Warranties and Disclaimers" reprinted on the reverse side hereof.
MACHINE AND RENTAL INVOICES ARE DUE UPON RECEIPT, UNLESS OTHER\VISE
STATED. PARTS AND SERVICE INVOICES ARE DUE ON OR BEFORE 10m OF MONTH
FOLLOWING DATE OF PURCHASE. ANY ACCOUNT NOT PAID BY 30To OF MONTH
FOLLOWING PURCHASE WILL BE PAST DUE AND A FINANCE CHARGE WILL BE
COMPUTED BY A SINGLE PERIODIC RATE OF 2% PER MONTH WHICH IS AN ANNUAL
PERCENTAGE OF 24%.
PAY THIS
AMOUNT
CREDITED
544651.48
13943.38-
530708.10
Open Session Item
SUBJECT: Intergovernmental Cooperative Purchase (INTG-24-0170) – Lease/Purchase for One (1) New
D7 Caterpillar Dozer
PRESENTATION DATE: November 19, 2024
PRESENTATION BY: Rick F. Curry, CPPO, Director, Purchasing; David A. Mason, P. E.,
Deputy Director, Department of Solid Waste
RECOMMENDED MOTION: To authorize, by Resolution, the Department of Solid Waste to
lease/purchase of one (1) new D7 Caterpillar dozer from Caterpillar Financial Services
Corporation with an annual payment in the amount of $201,178.69 for the total sum of $882,268
and to utilize another jurisdiction’s contract (#011723-CAT) that was awarded by Sourcewell
(formally National Joint Powers Alliance) to Caterpillar, Inc.
REPORT-IN-BRIEF: The Code of the Public Laws of Washington County, Maryland §1-106.3
provides that the Board of County Commissioners may procure goods and services through a
contract entered into by another governmental entity, in accordance with the terms of the contract,
regardless of whether the County was a party to the original contract. If the Board of County
Commissioners determines that participation by Washington County would result in cost benefits
or administrative efficiencies, it could approve the purchase of this equipment in accordance with
the Code referenced above by resolving that participation would result in cost benefits or in
administrative efficiencies.
The County will benefit with direct cost savings in the purchase of this equipment because of the
economies of scale this contract has leveraged. Acquisition of this equipment by utilizing the
Sourcewell contract and eliminating our county’s bid process would result in administrative
efficiencies and cost savings for the Department of Solid Waste and Purchasing Department. I am
confident that any bid received as a result of an independent County solicitation would exceed the
spend savings that Sourcewell’s contract provides through this agreement.
DISCUSSION: The department’s 2002 John Deere 850C Bulldozer with 12,600 hours was put
out of service because of an issue with repairing of the undercarriage and tracks. Repairs were
made by Solid Waste staff, but upon further inspection the machine was deemed unsafe for use
without a complete rebuild of the undercarriage and tracks. Costs for these repairs are estimated at
$40,000. The 850C has a current value of approximately $20,000. Local dealers were contacted
about used equipment currently available. The 2017 D5 Caterpillar is a 2017 with 4,686 hours.
FISCAL IMPACT: Funds are budgeted in the department’s
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
CONCURRENCES: Division Director
ALTERNATIVES: N/A
ATTACHMENTS: Carter Equipment’s Quote
AUDIO/VISUAL NEEDS: N/A
Page 1 of 3
June 17, 2024
WASHINGTON COUNTY DSW
, MARYLAND 21740
TTENTION: DAVE MASON / DONALD MORGAN
199390-01
Mr. Mason,
Mr. Morgan,
We would like to offer the same terms and conditions as the Sourcewell Contract #011723-CAT for the purchase of
(1) NEW 2024 CATERPILLAR D7 WH DOZER
Thank you for the opportunity to provide you a quote for your equipment needs. This quotation is valid for 30 days. If there are any
questions, please do not hesitate to contact me.
Regards,
Brent D. Stewart
Key Account Manager - Governmental
Carter Machinery Co. Inc.
443-764-7692
Brent_stewart@cartermachinery.com
Page 2 of 3
MACHINE SPECIFICATIONS
Description Reference No
D7 LGP TRACTOR 524-4737
LANE 3 ORDER 0P-9003
CONFIGURATION 17A BASIC 588-0565
WASTE HANDLING PACKAGE (LGP)616-1704
FINAL DRIVE, LGP, GUARD 508-1981
ENGINE, THERMAL HEAT SHIELD 506-3702
PRECLEANER, SCREEN HIGH DEBRIS 510-8802
UC, WASTE, LGP 543-5281
TRACK, 36'' ES, TRAP HDXL 43SEC 571-6712
CONTROL, BASIC 519-4551
FAN, REVERSING 569-4514
ALTERNATOR, 150AMP, DUCTED 511-0249
BATTERY, HEAVY DUTY 542-2524
LIGHTS, 12, LED 570-0375
CAB, HIGH DEBRIS 583-9469
SEAT, HEATED + VENTILATED 560-9088
FLOOR, CAB, QUICK ACCESS 588-6170
REAR CAMERA 577-8623
PRECLEANER, CAB POWERED 588-1061
AIR CONDITIONING, QUICK DISC 553-3387
HANDRAIL, CAB 548-1353
PREMIUM CORP RADIO (12V)579-5779
ASSIST W/ARO 587-7162
JOYSTICK, ARO/GRADE, PA 435-5758
DOZER CTL, ARO, LGP PA 564-8399
PROD LINK, PLE683/PLE783 RADIO 577-7698
FUEL SYSTEM, BASIC 593-7680
GUARD, BOTTOM, HD SEALED 519-1278
GRAB HANDLES, HEAVY DUTY 543-0547
ENCLOSURE, ENG SND SUPPRESSED 546-0251
STRIKER BAR BOX, REAR 555-7850
7 LGP BULLDOZER, GUARDED 539-9105
BLADE 7SU, LGP, LNDFL, WP, ARO 628-2930
OIL CHANGE SYSTEM, HS HRC 583-5529
LUBRICANT GRP, STD HRC 521-4276
ENGINE COOLANT, STD (-37C)382-5934
FUEL ANTIFREEZE, -25C (-13F)0P-3978
WINDSHIELD WASHER EMPTY 0P-1940
PROTECTION, CYLINDER ROD 0P-3940
INSTRUCTION, ANSI 521-4273
SERIALIZED TECHNICAL MEDIA KIT 421-8926
HEATER, ENGINE COOLANT, 120V 537-5582
JUMP START 536-6999
LIGHT, BEACON 589-3554
RADIO, CB (READY)589-3552
SCREEN, REAR, HINGED 599-7940
GUARD, FUEL TANK 539-3164
GUARDS -FILTER 552-5082
GUARDS, LIGHTS, PREMIUM 593-6049
Page 3 of 3
Description Reference No
SEAL, WASTE 546-3297
COUNTERWEIGHT, ADDITIONAL 238-1177
CATERPILLAR LIST PRICE $1,057,438.00
SOURCEWELL DISCOUNT OF 23% OFF OF LIST PRICE -243,210.00
SALE PRICE $814,228.00
SIGNAL BEACON X 2 INCLUDED
ANSUL FIRE SUPPRESSION 18,500.00
TOTAL SALE PRICE $832,728.00
5 YEAR / 7500 HOUR TM WARRANTY W/TTM $49,540.00
TOTAL SALE PRICE WITH WARRANTY $882,268.00
Page 1 of 2
RESOLUTION NO. RS-2024-
(Intergovernmental Cooperative Purchase [INTG-24-0170] Lease/Purchase for One [1]
New D7 Caterpillar Dozer)
RECITALS
The Code of Public Local Laws of Washington County, Maryland (the “Public Local
Laws”), § 1-106.3, provides that the Board of County Commissioners of Washington County,
Maryland (the “Board”), “may procure goods and services through a contract entered into by
another governmental entity in accordance with the terms of the contract, regardless of whether
the county was a party to the original contract.”
Subsection (c) of § 1-106.3 provides that “A determination to allow or participate in an
intergovernmental cooperative purchasing arrangement under subsection (b) of this section shall
be by resolution and shall either indicate that the participation will provide cost benefits to the
county or result in administrative efficiencies and savings or provide other justifications for the
arrangement.”
The Department of Solid Waste is requesting to lease/purchase one (1) new D7 Caterpillar
dozer from Caterpillar Financial Services Corporation with an annual payment in the amount of
$201,178.69, for the total sum of $882,268.00, and to utilize another jurisdiction’s contract
(#011723-CAT) that was awarded by Sourcewell (formerly National Joint Powers Alliance) to
Caterpillar, Inc.
Eliminating the County’s bid process will result in administrative and cost savings for the
County. The County will benefit with direct cost savings because of the economy of scale the
aforementioned contract has leveraged. Additionally, the County will realize administrative
efficiencies and savings as a result of not preparing, soliciting, and evaluating bids.
NOW, THEREFORE, BE IT RESOLVED by the Board, pursuant to § 1-106.3 of the Public
Local Laws, that the Department of Solid Waste is requesting to lease/purchase one (1) new
Caterpillar for a total sum of $882,268.00, and to utilize another jurisdiction’s contract (#011723-
CAT) that was awarded by Sourcewell (formerly National Joint Powers Alliance) to Caterpillar,
Inc.
Adopted and effective this ____ day of ________, 2024.
Page 2 of 2
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
_____________________________ BY: ______________________________________
Dawn L. Marcus, County 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 Hagerstown, MD 21740
County Attorney
Open Session Item
SUBJECT: Intergovernmental Cooperative Purchase (INGT-24-0169) Lease/Purchase for One
(1) Articulated Truck for the Solid Waste Department
PRESENTATION DATE: November 19, 2024
PRESENTATION BY: Rick F. Curry, CPPO, Director, Purchasing; Dave Mason, P.E., Deputy
Director, Solid Waste Department
RECOMMENDED MOTION: Move to authorize by Resolution, the Solid Waste Department
to lease/purchase one (1) new Caterpillar 735-4 Articulate Truck from Caterpillar Financial
Services Corporation of Nashville, TN with an annual payment in the amount of $169,014.70 for
the total sum of $761,074 and to utilize another jurisdiction’s contract (#011723) that was awarded
by Sourcewell to Caterpillar Inc.
REPORT-IN-BRIEF: The Solid Waste Department is requesting to purchase one (1) Caterpillar
735-4 Articulated Truck to replace vehicles that exceed the County’s Vehicle and Equipment
Types and Usage Guidelines. The County initiated the Vehicle and Equipment Types and Usage
Guidelines in 2001. The County’s replacement guidelines for vehicles less than 19,500 lbs. GVWR
is recommended at a ten (10) year economic life cycle. Normally vehicles are auctioned on
GovDeal, but in this case the unit is offsetting the purchase with a trade.
The Code of Public Laws of Washington County, Maryland (the Public Local Laws) §1-106.3
provides that the Board of County Commissioners may procure goods and services through a
contract entered into by another governmental entity, in accordance with the terms of the contract,
regardless of whether the County was a party to the original contract. The State of Maryland
Department of General Services took the lead in soliciting the resulting agreement. If the Board of
County Commissioners determines that participation by Washington County would result in cost
benefits or administrative efficiencies, it could approve the purchase of these vehicles in
accordance with the Public Local Laws referenced above by resolving that participation would
result in cost benefits or in administrative efficiencies.
The County will benefit from direct cost savings in the purchase of these vehicles because of the
economies of scale this buying group leveraged. I am confident that any bid received as a result of
an independent County solicitation would exceed the spending savings that the Sourcewell
contract provides through this agreement. Additionally, the County will realize savings through
administrative efficiencies as a result of not preparing, soliciting and evaluating a bid. This
savings/cost avoidance would, I believe, be significant.
DISCUSSION: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
FISCAL IMPACT: Funds in the amount of $864,953 are available in the department’s operating
account 535055-21-21020.
CONCURRENCES: N/A
ALTERNATIVES:
1. Process a formal bid and the County could possibly incur a higher cost for the purchase, or
2. Do not award the purchase of truck.
ATTACHMENTS: Caterpillar
AUDIO/VISUAL NEEDS: N/A
Page 1 of 2
November 5, 2024
WASHINGTON COUNTY DSW
, MARYLAND 21740
TTENTION: DAVE MASON / DONALD MORGAN
199388-03 REVISED
Mr. Mason,
Mr. Morgan,
We would like to offer the same terms and conditions as the Sourcewell Contract #011723-CAT for the purchase of
(1) NEW 2024 CATERPILLAR 735 ARTICULATED TRUCK
Thank you for the opportunity to provide you a quote for your equipment needs. This quotation is valid for 30 days. If there are any
questions, please do not hesitate to contact me.
Regards,
Brent D. Stewart
Key Account Manager - Governmental
Carter Machinery Co. Inc.
443-764-7692
Brent_stewart@cartermachinery.com
Page 2 of 2
MACHINE SPECIFICATIONS
Description Reference No
735-04A ARTICULATED TRUCK 485-1708
CHASSIS, STANDARD 487-9933
BODY, STANDARD 571-9271
STANDARD CAB 497-9404
TANK, STANDARD FUEL 503-2045
EXHAUST, STANDARD 578-2329
AID, COLD WEATHER STARTING 502-9603
AUTOLUBE ARRANGEMENT 567-7485
LUBRICATION, AUTOMATIC 567-7488
NO SOUND SUPPRESSION 502-7483
TIRES, 750/65R25 YH RT31 E-3 565-2653
PRODUCT LINK, CELLULAR PLE641 481-8888
TAILGATE, SCISSOR 573-7898
LIGHTS, ROOF MOUNTED WORK 480-2054
MIRROR, ELECTRIC HEATED 500-5947
AM/FM RADIO (BLUETOOTH READY)480-1980
SEAT, DELUXE 485-0331
SEAT BELT, W/ INDICATION 566-5659
WIPER, REAR 480-7003
ANTIFREEZE, -36C (-33F)381-0092
NO PAYLOAD 485-0336
HEATER, ENGINE COOLANT, 120V 381-0102
PAYLOAD KIT 572-1733
BEACON, LED 363-7685
CATERPILLART LIST PRICE $910,314.00
SOURCEWELL DISCOUNT OF 22% OFF OF LIST PRICE -200,269.00
SALE PRICE $710,045.00
SIGNAL BEACON LIGHT INCLUDED
ANSUL FIRE SUPPRESSION 20,500.00
TOTAL SALE PRICE $730.545.00
5 YEAR / 7500 HOUR TM WARRANTY W/TTM $48,529.00
TOTAL SALE PRICE WITH WARRANTY $779,074.00
TRADE VALUE FOR CAT D400EII (SN 1036) -18,000.00
ADJUSTED SALE PRICE AFTER TRADE $761,074.00
Page 1 of 2
RESOLUTION NO. RS-2024-
(Intergovernmental Cooperative Purchase [INTG-24-0169] Lease/Purchase for One [1]
Articulated Truck for the Solid Waste Department)
RECITALS
The Code of Public Local Laws of Washington County, Maryland (the “Public Local
Laws”), § 1-106.3, provides that the Board of County Commissioners of Washington County,
Maryland (the “Board”), “may procure goods and services through a contract entered into by
another governmental entity in accordance with the terms of the contract, regardless of whether
the county was a party to the original contract.”
Subsection (c) of § 1-106.3 provides that “A determination to allow or participate in an
intergovernmental cooperative purchasing arrangement under subsection (b) of this section shall
be by resolution and shall either indicate that the participation will provide cost benefits to the
county or result in administrative efficiencies and savings or provide other justifications for the
arrangement.”
The Department of Solid Waste is requesting to lease/purchase one (1) new Caterpillar
735-4 Articulate Truck from Caterpillar Financial Services Corporation with an annual payment
in the amount of $169,014.70, for a total sum of $761,574, and to utilize another jurisdiction’s
contract (#011723) that was awarded by Sourcewell to Caterpillar, Inc.
Eliminating the County’s bid process will result in administrative and cost savings for the
County. The County will benefit with direct cost savings because of the economies of scale the
aforementioned contract has leveraged. Additionally, the County will realize administrative
efficiencies and savings as a result of not preparing, soliciting, and evaluating bids.
NOW, THEREFORE, BE IT RESOLVED by the Board, pursuant to § 1-106.3 of the Public
Local Laws, that the Department of Solid Waste is requesting to lease/purchase one (1) new
Caterpillar 735-4 Articulate Truck from Caterpillar Financial Services Corporation for a total sum
of $761,574, and to utilize another jurisdiction’s contract (#011723) that was awarded by
Sourcewell to Caterpillar, Inc.
Adopted and effective this ____ day of ________, 2024.
Page 2 of 2
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
_____________________________ BY: ______________________________________
Dawn L. Marcus, County 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 Hagerstown, MD 21740
County Attorney
Open Session Item
SUBJECT: Intergovernmental Cooperative Purchase (INTG-24-0168) – One (1) Rescue Squad
PRESENTATION DATE: November 19, 2024
PRESENTATION BY: Rick F. Curry, CPPO, Director, Purchasing Department; Eric Jacobs, EFO,
Operations Manager – Fire/EMS, Division of Emergency Services.
RECOMMENDATION: Move to authorize by Resolution, for Fire/EMS, Division of Emergency
Services to purchase one (1) Enforcer MWI rescue squad in the amount of $1,624,684 (if paid in full
the total sell price is $1,396,684) from Atlantic Emergency Solutions of Manassas, VA and to utilize
another jurisdiction’s contract that was awarded by Houston Galveston Area Council (Contract
#FS1223) to Atlantic Emergency Solutions, Inc.
REPORT-IN-BRIEF: The acquisition of the rescue squad will allow the Division of Emergency
Services to replace an aging rescue squad vehicle in order to respond promptly and effectively when
managing emergency incidents within Washington County. This vehicle is considered to be a critical
asset in the efforts of the Public Safety’s role to protect life and property.
The Code of Public Laws of Washington County, Maryland (the Public Local Laws) 1-106.3 provides
that the Board of County Commissioners may procure goods and services through a contract entered
into by another governmental entity, in accordance with the terms of the contract, regardless of whether
the County was a part to the original contract. If the Board of County Commissioners determines that
participation by Washington County would result in cost benefits or administrative efficiencies, it could
approve the procurement of the vehicles in accordance with the Public Local Laws referenced above
that participation would result in cost benefits or in administrative efficiencies.
The County will benefit with the direct cost savings in the purchase of this rescue squad relative to
economies of scale this contract has leveraged. Additionally, the County will realize savings through
administrative efficiencies as a result of not preparing, soliciting and evaluating a bid. Acquisition of
this vehicle by utilizing the Houston Galveston Area Council (HGAC) contract and eliminating our
county’s bid process would result in an administrative and cost savings for the Division of Emergency
Services and Purchasing Department in preparing specifications.
DISCUSSION: The DES has and continues to own and operate 2 specialized rescue squads and has
done so since 2007. The DES holds county-wide responsibility for water, high angle, technical rescue
as well as hazardous materials responses. Each of these missions are completed using the combined
staffing and apparatus resources of DES that are stationed throughout the county on any given day. We
are actively in a replacement cycle for the larger DES rescue squad, which is now 22 years old and was
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
recently out of service for 3 weeks trying to find suspension parts. DES will continue to own any
replacement vehicles, or assets that are purchased by DES with BOCC directed funding.
This unit will maintain a primary housing location within the Funkstown Vol. Fire Station and will be
cross staffed by the three (3) county career staff that are stationed at the firehouse each day. The
anticipated delivery date of the Rescue Squad is 36 to 48 months and placement of the unit within the
Funkstown Fire Station will occur once their fire station expansion project is completed. The expansion
is designed and intended to house both the County owned rescue squad, and the County owned
Hazardous Materials response unit. The cost of the fire station expansion to house these units is being
funded by the revenues of the Funkstown Volunteer Fire Company and are exclusive of any dedicated
County funding.
FISCAL IMPACT: Funds are available in the amount of $2,488,247 in the Division of Emergency
Services Capital Improvement Budget (CIP) budget 30-11430-VEH009. This will include the use of
approx. $1.2M of the remaining radio system upgrade project that still reside in this account. Alternative
funding options could include utilizing Capital Reserve Funding.
CONCURRENCES: Director, Division of Emergency Services; Chief Financial Officer;
County Administrator
ATTACHMENTS: Atlantic Emergency Solutions quote dated October 1, 2024
RESOLUTION NO. RS-2024-
(Intergovernmental Cooperative Purchase [INTG-24-0168] One [1] Enforcer MWI
Rescue Squad)
RECITALS
The Code of Public Local Laws of Washington County, Maryland (the “Public Local Laws”), § 1-
106.3, provides that the Board of County Commissioners of Washington County, Maryland (the
“Board”), “may procure goods and services through a contract entered into by another
governmental entity in accordance with the terms of the contract, regardless of whether the
county was a party to the original contract.”
Subsection (c) of § 1-106.3 provides that “A determination to allow or participate in an
intergovernmental cooperative purchasing arrangement under subsection (b) of this section shall
be by resolution and shall either indicate that the participation will provide cost benefits to the
county or result in administrative efficiencies and savings or provide other justifications for the
arrangement.”
The Fire and EMS Division of Emergency Services seeks to purchase one (1) Enforcer MWI
Rescue Squad in the amount of $1,624,684.00 from Atlantic Emergency Solutions, Inc., and to
utilize another jurisdiction’s contract that was awarded by Houston Galveston Area Council
(Contract #FS12-23) to Atlantic Emergency Solutions, Inc.
Eliminating the County’s bid process will result in administrative and cost savings for the
County. The County will benefit with direct cost savings because of the economy of scale the
aforementioned contract has leveraged. Additionally, the County will realize administrative
efficiencies and savings as a result of not preparing, soliciting, and evaluating bids.
NOW, THEREFORE, BE IT RESOLVED by the Board, pursuant to § 1-106.3 of the Public
Local Laws, that the Fire and EMS Division of Emergency Services is authorized to purchase one
(1) Enforcer MWI Rescue Squad in the amount of $1,624,684.00 from Atlantic Emergency
Solutions, Inc., and to utilize another jurisdiction’s contract that was awarded by Houston
Galveston Area Council (Contract #FS12-23) to Atlantic Emergency Solutions, Inc.
Adopted and effective this ____ day of ________, 2024.
Page 1 of 2
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
_____________________________ BY: ______________________________________
Dawn L. Marcus, County 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 Hagerstown, MD 21740
County Attorney
Page 2 of 2
Contract
No.:FS12-23 Date
Prepared:10/1/2024
Buying
Agency:Contractor:
Contact
Person:
Prepared
By:
Phone: Phone:
Fax: Fax:
Email: Email:
Product
Description 23SS-102 August 2024
Pricing
$964,546.00
Cost Cost
$356,789.00
Subtotal B: $660,138.00
Cost Cost
Subtotal C: $0.00
0%
1 1,624,684 = Subtotal D: $1,624,684.00
Subtotal E: $2,000.00
Cost Cost
-$230,000.00
Subtotal F: -$230,000.00
$1,396,684.00
CONTRACT PRICING WORKSHEET
For MOTOR VEHICLES Only
Due to global supply chain constraints, any delivery date contained herein is a good faith estimate as of the date of this
order/contract. As needed, delivery updates will be provided as soon as possible.
Washington County Maryland Atlantic Emergency Solutions
Eric Jacobs Rodney Guessford
Page-3 Options
240-313-2910 240-527-7044
ejacobs@washco-md.net rguessford@atlanticemergency.com
Enforcer NWI-Rescue
A. Product Item Base Unit Price Per Contractor's H-GAC Contract:
B. Published Options - Itemize below - Attach additional sheet(s) if necessary.
(Note: Published Options are "manufacturer standard options" which were submitted and priced in Contractor's proposal.)
Description Description
Description Description
Subtotal From Additional Sheet(s):
C. Customization Category Totals - Itemize below / Attach additional sheet(s) if necessary.
(Note: Customization options are "manufacturer non-standard options" which were submitted and priced in Contractors's proposal.)
E. H-GAC Order Processing Charge (Amount Per Current Policy)
Subtotal From Additional Sheet(s):
Check: Total cost of Customization Categories (C) cannot exceed 25% of the total of the Base
Unit Price plus Published Options (A+B).For this transaction the percentage is:
D. Total Cost Before Any Applicable Trade-In / Other Allowances / Discounts (A+B+C)
Quantity Ordered: X Subtotal of A + B + C:
Delivery Date: 43-46 Months G. Total Purchase Price (D+E+F):
F. Trade-Ins / Special Discounts / Other Allowances / Freight / Installation / Miscellaneous Charges
Description Description
Pre-Pay Discount
Open Session Item
SUBJECT: Intergovernmental Cooperative Purchase (INTG-24-0172) Two (2) Brine Tanks for the
Highway Department
PRESENTATION DATE: November 19, 2024
PRESENTATION BY: Rick F. Curry, CPPO, Director, Purchasing Department; Zane Rowe, Deputy
Director, Highway Department
RECOMMENDATION: Move to authorize by Resolution, the Highway Department to purchase two
(2) Henderson Brine Tanks for the total sum of $62,378 from Stephenson Equipment, Inc. of
Harrisburg, PA and to utilize another jurisdiction’s contract (#080818-HPI) that was awarded by
Sourcewell.
REPORT-IN-BRIEF: The Highway Department is requesting to purchase two (2) Henderson Brine
tanks. The brine salt and water solution will be used for snow removal. Using a brine salt/water
solutions has several advantages over traditional methods. Brine melts snow faster than rock salt, it’s
more effective than rock salt in preventing snow from sticking to surfaces and it’s environmentally
safe.
The Code of Public Laws of Washington County, Maryland (the Public Local Laws) 1-106.3 provides
that the Board of County Commissioners may procure goods and services through a contract entered
into by another governmental entity, in accordance with the terms of the contract, regardless of whether
the County was a part to the original contract. If the Board of County Commissioners determines that
participation by Washington County would result in cost benefits or administrative efficiencies, it could
approve the procurement of the vehicle in accordance with the Public Local Laws referenced above
that participation would result in cost benefits or in administrative efficiencies.
The County will benefit from the direct cost savings in the purchase of this vehicle because of the
economies of scale this contract has leveraged. Additionally, the County will realize savings through
administrative efficiencies as a result of not preparing, soliciting and evaluating a bid. Acquisition of
the vehicle by utilizing the Sourcewell contract and eliminating our county’s bid process would result
in administrative and cost savings for the Solid Waste Department and Purchasing Department in
preparing specifications.
DISCUSSION: The Highway Department is requesting to purchase one (1) Henderson (#185615-5)
Brine tank in the amount of $26,489.70, one (1) Henderson (#185508-6) Brine tank in the amount of
$28,735.20, two (2) Power Anti-Ice cables in the amount of $1,577 each, and freight charge in the
amount of Four Thousand ($4,000) dollars for the total sum of $62,378.
FISCAL IMPACT: Funds in the amount of $219,494 are budgeted in the department’s Capital
Improvement Budget (CIP) 31-21010-VEH011.
CONCURRENCES: Division Director
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
ATTACHMENTS: Stephenson Equipment, Inc’s quote.
SALES QROZTATION
Quote #185615
. . . . . . . . . . . . . . . . . . ................
CUSTOMER: QUOTE ID:
CONTACT: QUOTE DATE:
ADDRESS: VALID UNTIL:
SALESPERSON:
PHONE:
PHONE: CELL:
FAX: FAX:
EMAIL: EMAIL:
Due to the volatility in material costs and chassis delays,
pricing is subject to change at time of manufacturing
and / or upfit.
Signed: Date:
The buyer agrees to indemnify, defend and hold Seller and its officers, directors,
employees, shareholders, affiliates, agents, representatives, successors and
assigns harmless from any and all claims, actions, demands, penalties, legal
proceedings, judgements, settlements, sums, costs, liabilities, losses, obligations,
damages, penalties, fines, costs, and other expenses (including but not limited to
reasonable attorney's fees) relating to, arising out of or resulting from (i) the
buyer's, and/or the buyer's customers' use, misuse, or alteration of any Product,
including without limitation, any third -party claims for personal injury or property
damage resulting from the buyer's and/or the buyer's customers, negligance or
willful misconduct; or (ii) the buyer's breach of these Terms of Sale.
Quote Total: $29,433.00
10-0o Discount: ($2,943.30)
Dealer Cost: $26,489.70
0% Sales Tax: $0.00
Total Dealer Cost: $26,489.70
CUSTOMER: QUOTE ID:
CONTACT: QUOTE DATE:
ADDRESS: VALID UNTIL:
SALESPERSON:
PHONE:
PHONE: CELL:
FAX: FAX:
EMAIL: EMAIL:
Due to the volatility in material costs and chassis delays,
pricing is subject to change at time of manufacturing
and / or upfit.
Signed: Date
The buyer agrees to indemnify, defend and hold Seller and its officers, directors,
employees, shareholders, affiliates, agents, representatives, successors and
assigns harmless from any and all claims, actions, demands, penalties, legal
proceedings, judgements, settlements, sums, costs, liabilities, losses, obligations,
damages, penalties, fines, costs, and other expenses (including but not limited to
reasonable attorney's fees) relating to, arising out of or resulting from (i) the
buyer's, and/or the buyer's customers, use, misuse, or alteration of any Product,
including without limitation, any third -party claims for personal injury or property
damage resulting from the buyer's and/or the buyer's customers, negligance or
willful misconduct; or (ii) the buyer's breach of these Terms of Sale.
SALES Qg4QzTATION
Quote #185508
Quote Total: $31,928.00
10% Discount: ($3,192.80)
Dealer Cost: $28,735.20
0% Sales Tax: $0.00
Total Dealer Cost: $28,735.20
Page 1 of 2
RESOLUTION NO. RS-2024-
(Intergovernmental Cooperative Purchase [INTG-24-0172] Two [2] Brine Tanks for the
Highway Department)
RECITALS
The Code of Public Local Laws of Washington County, Maryland (the “Public Local
Laws”), § 1-106.3, provides that the Board of County Commissioners of Washington County,
Maryland (the “Board”), “may procure goods and services through a contract entered into by
another governmental entity in accordance with the terms of the contract, regardless of whether
the county was a party to the original contract.”
Subsection (c) of § 1-106.3 provides that “A determination to allow or participate in an
intergovernmental cooperative purchasing arrangement under subsection (b) of this section shall
be by resolution and shall either indicate that the participation will provide cost benefits to the
county or result in administrative efficiencies and savings or provide other justifications for the
arrangement.”
The Highway Department is requesting to purchase one (1) Henderson (#185615-5) Brine
Tank in the amount of $26,489.70; one (1) Henderson (#185508-6) Brine Tank in the amount of
$28,735.20; two (2) Power Anti-Ice Cables at a cost of $1,577 each; and Freight Charge of $4,000
for a total cost of $62,378.90 from Stephenson Equipment, Inc. of Harrisburg, Pennsylvania, and
to utilize another jurisdiction’s contract (#080818-HPI) that was awarded by Sourcewell.
Eliminating the County’s bid process will result in administrative and cost savings for the
County. The County will benefit with direct cost savings because of the economies of scale the
aforementioned contract has leveraged. Additionally, the County will realize administrative
efficiencies and savings as a result of not preparing, soliciting, and evaluating bids.
NOW, THEREFORE, BE IT RESOLVED by the Board, pursuant to § 1-106.3 of the Public
Local Laws, that the Highway Department is authorized to purchase one (1) Henderson (#185615-
5) Brine Tank in the amount of $26,489.70; one (1) Henderson (#185508-6) Brine Tank in the
amount of $28,735.20; two (2) Power Anti-Ice Cables at a cost of $1,577 each; and Freight Charge
of $4,000 for a total cost of $62,378.90 from Stephenson Equipment, Inc. of Harrisburg,
Pennsylvania, and to utilize another jurisdiction’s contract (#080818-HPI) that was awarded by
Sourcewell.
Adopted and effective this ____ day of ________, 2024.
Page 2 of 2
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
_____________________________ BY: ______________________________________
Dawn L. Marcus, County 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 Hagerstown, MD 21740
County Attorney
Open Session Item
SUBJECT: Approval/Signature of updated and re-issued Business Permit for Allegiant Airlines.
PRESENTATION DATE: November 19, 2024
PRESENTATION BY: Neil Doran, Airport Director and Andrew Eshleman, Director of Public
Works.
RECOMMENDED MOTION(S):
• Move to authorize the BOCC President, Deputy County Attorney and Airport Director to
sign the updated Airport Business Permit document.
REPORT-IN-BRIEF: The Allegiant Airlines Business Permit was last issued in August 2023,
and it included a schedule of rates and fees for a two-year period that expires on June 30th, 2025.
Now there is a need to re-issue and update the Business Permit with Allegiant Airlines for the
period of July 1, 2025-June 30th, 2027. Negotiations with Allegiant have been warm and
productive. Representatives of the airline have signed this agreement which reflects an increase
in what they pay to the airport on an annual and per flight basis.
DISCUSSION: Staff recommends approval. Rates are the result of negotiations with Allegiant
at the October 2024 Allegiant Conference and during an additional meeting held in November
2024. Allegiant recognizes our increased costs in providing ground support services for their
airline and is willing to pay these increased fees. They are encouraged to see the Airport
implement paid parking at the terminal along with the Passenger Facility Charge (PFC) and
enhancements to Rental Car Concession fees, Snack Bar sales, and Airport Fire Department
revenues. All these financial tools/measures assist with terminal and airline-related costs while
also keeping Allegiant’s Cost per Enplanement (CPE) competitively low. These agreed-upon
rates are also comparable to what is being charged by other similarly situated airports. Allegiant
has signed their portion of the document. With BOCC concurrence, signatures by President Barr,
Ms. Pascual and Mr. Doran would complete the documents.
FISCAL IMPACT:
• Based upon current activity levels, these new rates should generate an estimated
$73,548.02 in additional annual revenue for the airport.
CONCURRENCES: Airport Advisory Commission, County Administrator, Chief Financial
Officer, Director of Public Works.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
ALTERNATIVES: Alternative actions would be to keep rates at the same level for Allegiant
for two more years or to try to circle back to the airline to negotiate for even higher rates. At this
time, neither course of action is recommended by Airport staff or our Air Service Development
consultants.
ATTACHMENTS: 2025-2027 Allegiant Airlines Business Permit document.
AUDIO/VISUAL TO BE USED: N/A.
HAGERSTOWN REGIONAL AIRPORT
Hagerstown, Maryland
BUSINESS PERMIT AGREEMENT
OWNER: Board of County Commissioners of Washington County, Maryland
RECIPIENT: Allegiant Air, LLC
PURPOSE: Commercial Passenger Service
This Agreement (the "Agreement') is made this _____ day of ___ 2024, by and
between Allegiant Air, LLC, a Nevada limited liability company, (the "Airline") and the Board of
County Commissioners of Washington County, Maryland, a body corporate and politic and a political
subdivision of the State of Maryland (the "County'').
NOW THEREFORE, in consideration of the authorization and issuance of a Business Permit by
the County, the owner and operator of the Hagerstown Regional Airport (the "Airport') permitting the
Airline to operate and do business at the Airport and the mutual covenants, conditions and agreements
contained herein, the parties agree as follows:
1.Airline covenants and agrees to the following throughout the original term of the
Business Permit, beginning July 1, 2025, and ending June 30, 2026. Should both parties desire to renew
this Business Permit at the end of the original term, and should the Airline be in full compliance with all
terms and conditions of this Agreement, then approval of such optional one-year renewal for the period
of July 1, 2026 – June 30, 2027, shall not be unreasonably withheld by the County.
2.It is understood and agreed that upon the full execution of this Agreement the
Business Permit shall be issued by the County and shall be effective through June 30, 2027. Should either
the County or the Airline desire to terminate this Agreement prior to June 30, 2027, written notice of
said intention shall be mailed by certified mail, return receipt requested, postage prepaid, to the other
party at its address as listed in Paragraph 10(b) of this Agreement not less than ninety (90) days before
the desired termination date.
3.The Airline acknowledges that it is an independent contractor, and the Airline agrees
to fully indemnify and hold harmless the County from all claims whatsoever arising out of its business
operations at the Airport for which this Business Permit Agreement relates, except for the willful
negligence or willful misconduct of the County.
4.The Airline hereby agrees to pay a non-refundable Business Permit fee of One Dollar
($1.00) to the County.
5.Applicant agrees that the Business Permit issued pursuant to this Agreement is only
for the operation of the business commercial passenger service as stated above as the "Purpose." The
Airline agrees that any stated commercial service business operation other than the stated operation is
expressly prohibited on Airport premises. The Airline shall operate its business only in the specific
areas designated by the County and the Airline agrees that these designated areas may be changed
and/or modified from time to time by the County. The Airline also acknowledges and agrees that the
Business Permit contemplated herein does not constitute a lease of any property, real or personal, from
the County to the Airline. This Business Permit does however permit the Airline exclusive and non-
exclusive use of certain areas of the Airport and the Passenger Terminal Building, located on Showalter
Road in Hagerstown, Maryland (as is more particularly described on Exhibit "A" which is attached
hereto and incorporated herein).
6.In the event of non-payment by the Airline of any charges due to the County (as
listed on Exhibit "B" which is attached hereto and incorporated herein), the County shall notify the
Airline of said non-payment by certified mail, return receipt requested, postage prepaid, to the Airline
at the address listed in Paragraph 10(b) of this Agreement. The Airline shall have twenty (20) days from
the date said notice was received to tender said fee to the County. In the event the Airline does not tender
said fee to the County within the said twenty (20) days, the Airline shall be in default of this Agreement.
7.It is understood and agreed by the Airline that it shall fully observe and comply with
all laws, ordinances, and rules and regulations of the United States, the State of Maryland, Washington
County, Maryland, and all agencies of said federal, State and local governments which may be applicable
to Airline's operation or to the operation, management, maintenance or administration of the Airport
now in effect or hereafter adopted; and further, the Airline shall provide to the County copies of any and
all permits, licenses or other evidences of compliance with all laws and rules and regulations upon
request by the County. The Airline, by executing this Agreement, specifically acknowledges the
understanding of the applicable Airport Rules and Regulations known as the Airport's Primary Guiding
Documents, adopted October 31, 2006, and as may be amended from time to time, and further agrees
to observe and fully comply with said Primary Guiding Documents and any changes and/or amendments
thereto made by the County throughout the term of this Agreement. The execution of this Agreement
by the Airline shall constitute acknowledgment by the Airline of receipt of a copy of the aforesaid
Primary Guiding Documents, adopted October 31, 2006, and as may be amended from time to time. In
the event of a violation of this paragraph, the County shall provide written notice of the violation to the
Airline at the address contained herein. Failure of the Airline to remedy such violation within ten (10)
days of the receipt of notice by the County shall constitute default of this Agreement by the Airline.
8.The Airline shall fully comply with and shall ensure that its employees, agents,
suppliers, licensees, guests and invitees, and any other person over whom it has control, comply with
all other rules, regulations, policies, and ordinances governing the use of the Airport as are established
from time to time. In addition, the Airline shall also ensure that all such persons comply with this
Agreement. Airline shall further comply with all security directives issued by the FAA, TSA and/or the
Airport Director, or his/her agent, as they may pertain to the Airline's use of the Airport or its operations.
9.The Airline shall park its aircraft, vehicles, and equipment only in the parking areas
designated for its use and the use of its employees and agents, and will abide by all applicable standards,
regulations and resolutions published or adopted by the County. Failure to comply with this paragraph
shall constitute a default of this Agreement by the Airline. A copy of the Aircraft Parking Plan is
attached as Exhibit "C."
10.The Airline also submits the following information and verifies its completeness
and accuracy:
(a)Legal Business Name: Allegiant Air, LLC
Address: 1201 N. Town Center Drive
City/State/Zip: Las Vegas, NV 89144
C.E.O./President: Gregory Anderson
SVP/CFO: Robert Neal
State of Incorporation: Nevada
(b)Official Notices Shall Be Sent to:
Name: Allegiant Air
Title: Airport Affairs Manager
Address: 1201 N. Town Center Drive
City/State/Zip: Las Vegas, NV 89144
Telephone:
Fax:
11.The Airline covenants and agrees to report to the County all changes of any of the
information stated in this Agreement within twenty-four (24) hours of said changes.
12.The Airline shall maintain at its sole cost and expense and obtain, keep, procure, and
continuously maintain during the term of this Agreement all insurance, including comprehensive general
liability insurance in the minimum amounts required by the County in accordance with Section 2.11 -
Insurance, of the Airport's Primary Guiding Documents, as may be amended from time to time, and the
County’s P-4 Policy which is incorporated herein by reference, covering all business operations,
employees, and customers. The Airline further agrees to fully indemnify and hold harmless the County,
its officers, elected officials, directors, employees and agents from any and all claims whatsoever arising
out of its operation to, from or at the Airport, as authorized by this Agreement, except for the willful
negligence or willful misconduct of the County (including the willful negligence o willful misconduct of
an Airport employee conducting ground handling activity at the Airport for the benefit of the Airline).
The required insurance shall be in a form and with such companies as shall be acceptable to the County,
shall provide at least (30) days advance written notice to the County of any cancellation, change or
modification. Written proof of insurance in the form of an original Certificate of Insurance shall be
submitted by the Airline to the County with the fully executed Agreement. The Airline further agrees that
the County shall be named as an additional insured on all Airport related policies and the Certificate of
Insurance shall so state.
13.It is understood and agreed that the County has the right at any time to amend the
insurance requirements stated in the Airport's Primary Guiding Documents and in the County's P-4 Policy
to reflect new minimum insurance standards for the Airline and other similar businesses operating at the
Airport after written notice to the Airline and the Airline agrees to adjust its coverage accordingly by
the compliance date, which date shall be no less than sixty (60) days after the date such amendment is
adopted. The County agrees it will not require the Airline to carry insurance which the County does not
require of similar Airport businesses without cause. Failure of the Airline to be in full compliance with
the insurance requirements herein shall constitute default of the Agreement by the Airline.
14.In addition to the Business Permit Fee required herein, the Airline agree to pay to
the County such other fees as may be required of another permitee or tenant providing the same service.
The fees required to be paid by the Airline to the County are specifically described and provided for in
Exhibit “B” attached hereto and incorporated herein. The Airline shall pay all said fees and charges on
or before the twentieth (20th) day of each month for the preceding month’s activity.
15.In the event of a default of any term or provision of this Agreement by the Airline,
County shall have the right to exercise any one or more of the following remedies: (1) declare all fees
owed to the County immediately due and payable; (2) require the Airline to immediately cease all
business operations at the Airport; (3) revoke the Airline's Business Permit; (4) require the Airline to
immediately vacate the Airport; and/or (5) pursue any other remedy at law or in equity.
16.It is understood and agreed by the Airline that in the event the County uses the
services of an attorney or attorneys to enforce the provisions of this Agreement, the Airline shall be liable
to the County for all reasonable attorney's fees in addition to any other costs, expenses and damages
sustained by the County.
17.It is understood and agreed by the County that in the event the Airline uses the
services of an attorney or attorneys to enforce the provisions of this Agreement, the County shall be
liable to the Airline for all reasonable attorney's fees in addition to any other costs, expenses and damages
sustained by the Airline.
18.This Agreement shall be construed, interpreted, and governed in accordance with
the laws of the State of Maryland.
19.This Agreement shall be binding upon and inure to the parties hereto and their
respective successors and assigns.
20.The failure of the County to insist upon the compliance with any term of the
Agreement shall not be deemed a waiver of any right to enforce such term or provision.
21.The headings used herein are used for convenience or reference only and do not
in any way define, limit, or describe the scope or intent of this Agreement.
(The remainder of this page was intentionally left blank.)
IN WITNESS WHEREOF, the parties have executed or caused to be executed this
Agreement, the day and year first above written.
Reviewed and Approved by:
Neil R. Doran, Airport Director
Attorney
Thayne Klingler
thayne.klingler@allegiantair.com Susan Kittle
Susan.kittle@allegiantair.com
Susan Kittle
OPERATING PERMIT
On May 25, 2012, the Board of County Commissioners of Washington County, Maryland initially
approved the issuance of an Airport Operating Permit to Allegiant Air, LLC. This permit was updated and
reissued on August 29, 2023. Now, subject to the terms and conditions set forth herein, the Airport
Operating Permit is hereby updated and reissued to Allegiant Air, LLC as of the date used above within the
first introductory paragraph of page one of this attached agreement.
_________________________________________
Neil R. Doran, Airport Director,
an authorized representative of the Board of County
Commissioners of Washington County, Maryland
Hagerstown Regional Airport
BUSINESS PERMIT AGREEMENT
LIST OF ATTACHMENTS
1. EXHIBIT A — Approved Passenger Terminal Usage
2. EXHIBIT B — Rents, Fees and Charges
3. EXHIBIT C - Aircraft Parking Plan
0
F
F F
ZA
M
AN
S
F
465 SF
129 CONFERENCE
344 SF
128 OFFICE
122 SF
130 ELECTRICAL
70 SF
131 STOR.
241 SF
132 TSA
185 SF
133 OFFICE
182 SF
134 OFFICE
159 SF
125 MEN
168 SF
126 WOMEN
117 SF
114 TSA
206 SF
116 MEN
231 SF
113 WOMEN
221 SF
117 STORAGE
11
9
S
F
11
5
IT
/
S
E
C
.
752 SF
101 BAGGAGE DROP-OFF
47 SF
139 T.140 T.
765 SF
122 BAGGAGE MAKE-UP
224 SF
118 OFFICE
227 SF
119 OFFICE
245 SF
120 OFFICE
234 SF
121 OFFICE
425 SF
112 TICKET COUNTERS136 SF
143 VESTIBULE
81 SF
104 VESTIBULE
81 SF
110 VESTIBULE
128 SF
106 VESTIBULE 108 CONCESSION105RENTAL
152 SF
142 OFFICE
138 CORRIDOR
158 SF
135 MAINT. STOR.
126A CUST.
505 SF
127 CAFE
1736 SF
124 SECURITY SCREENING
138 CORRIDOR
13
8
C
O
R
R
I
D
O
R
138
129 128
126A
133
134
131130
79
S
F
12
4
A
H.
R
O
O
M
3919 SF
123 HOLD ROOM
124A
VEHICLE CANOPY
QUEUING LINE
QUEUING LINE
QU
E
U
I
N
G
L
I
N
E
QU
E
U
I
N
G
L
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E
QU
E
U
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G
L
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E
164 SF
136 MECH./ELEC.
278 SF
141 RECEPTION
154 SF
137 LOUNGE
1671 SF
109 LOBBY
922 SF
103 LOBBY
1091 SF
102 BAGGAGE CLAIM
3363 SF
107 WAITING
103 SF
137A STORAGE
145 SF
141A OFFICE
21 SF
-CUSTODIAN
UP
UP
DSDS
143
124
1
127
124B 123
126 125
VE
N
D
I
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G
107
123 SF
111 CONCESSION
HEATED
SLAB
HEATED
SLAB
CHECKED:
APPROVED:
DESIGNED:
DRAWN:
REVISION
No.
REVISION
DATE DESCRIPTION
SHEET TITLE:
SCALE:
PROJECT TITLE:
DATE:
FAA AIP No.:
EXHIBIT No.:
OCTOBER 2021
K.M.F.
M.S.K.
J.M.W.
J.M.W.
AS SHOWN
SUITE 330
ELLICOTT CITY, MD 21043
PHONE/FAX: 410.465.9600/9601
6031 UNIVERSITY BLVD
AIRPORT DESIGN CONSULTANTS
TERMINAL SPACE ALLOCATION DRAWING
HAGERSTOWN REGIONAL AIRPORT
CIRCULATION
UTILITIES
AIRLINES
CONCESSION
CAR RENTAL
RESTROOMS
OFFICES
LEGEND
BAGGAGE MAKEUP
BAGGAGE CLAIM
TICKETING
HOLDROOM
SECURE AREA
TSA
TERMINAL LAYOUT
EX-01
SCALE: 1" = 20'
20 10 0 20 40
Exhibit A
EXHIBIT “B”
HGR RENT, FEES AND CHARGES
ALLEGIANT AIRLINES
CHARGE Jul 1, 2025 – Jun 30, 2026
Initial Term
Jul 1, 2026 - Jun 30, 2026
Option Year 2
Jul 1, 2026 – June 30, 2027
Future Agreement
Turn Cost (CSA/GOA)
(Airline Ground Staffing Fee per $470.00 $470.00 TBD
Landing Fee (LF)
(per landing) (No change) (No change) TBD
Fuel Flowage Fee (FFF)
(@ $.03/gallon)
$0.03 per gallon $0.03 per gallon
(No change) TBD
Into-Plane (FUF)
(Fueling Uplift Fee per Uplift)
$175.00
$175.00
TBD
Terminal Rent (TR)
$8,400.00/year $700.00/mo. $700.00/mo. TBD
Remain Overnight Parking
Fee (RON)^^ $450.00/per aircraft per
night
$450.00/per aircraft per
night
TBD
^Note: Allegiant shall be charged full rate for any same-day cancellations as airport incurs cost to bring in staff to work flight
that is/was thereafter cancelled.
^^Only charged on very rare occasions when aircraft park overnight at HGR.
Gate A1
Jet Bridge
Gate A2
Ground level
Open Session Item
SUBJECT: Approval of Zoning Map Amendment RZ-24-002
PRESENTATION DATE: November 19, 2024
PRESENTATION BY: Aaron Weiss, Assistant County Attorney, County Attorney’s Office
RECOMMENDED MOTION: The purpose of this agenda item is to seek approval of the request to
rezone the Applicant’s property and accompanying Decision for Rezoning Case RZ-24-002.
REPORT-IN-BRIEF: The Applicant has requested to amend the current zoning of his property
located at 12635 Flying Duck Lane, Clear Spring, Maryland 21722 from Agricultural Rural (“AR”) to
Agricultural Rural with a Rural Business (“RB”) overlay.
DISCUSSION: The Planning Commission recommended in favor of the proposed map amendment on
September 9, 2024. The public hearing for the proposed rezoning request was held on October 15,
2024. A consensus approval was reached by the Board of County Commissioners on October 15,
2024. This matter is on the agenda for decision by the Board of County Commissioners in the form of
proposed Findings of Fact and Conclusions of Law as prepared by the County Attorney’s Office for
review, approval, and adoption by the Commissioners.
FISCAL IMPACT: N/A
CONCURRENCES: Washington County Planning Commission
ATTACHMENTS: Ordinance with attached Decision and Findings of Fact
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
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B EFORE THE
B OARD OF C OUNTY C OMMISSIONERS
OF W ASHINGTON C OUNTY , M ARYLAND
D ECISION
Rezoning Case RZ-24-002
Property Owner: John and Lisa Halteman
Applicants: John and Lisa Halteman
Requested Zoning Change: Agricultural Rural (AR) to Agricultural Rural (AR)
with Rural Business (RB) Overlay
Property: 12635 Flying Duck Lane, Clear Spring, Maryland
(the “Property”)
Pursuant to Md. Code Ann., Land Use § 4-204 and Washington County Zoning
Ordinance (the “Zoning Ordinance”) § 27.3, the Board of County Commissioners
of Washington County, acting upon the Applicants’ Request, makes findings of
fact with respect to the matters set forth in the Zoning Ordinance. We also consider
the recommendation of the Planning Commission which was made in this case,
the present and future transportation patterns, the relationship of the proposed
reclassification to the Comprehensive Plan, and whether there has been
convincing demonstration that the proposed rezoning would be appropriate and
logical for the subject property. After considering the recommendation of the
Planning Commission and hearing evidence presented by the Applicant at a
Public Hearing on October 15, 2024, the Board will grant the requested zoning map
amendment and makes the following Decision, which largely adopts the findings
of the Staff Report and Planning Commission with additional conditions.
Location:
The subject parcel is located on the north side of National Pike (U.S. 40)
between St. Paul Road (MD-57) and Spickler Road, approximately three miles east
of Clear Spring. The property subject to this rezoning encompasses 50.28 acres of
agricultural land, 6.82 acres of which would be encumbered with the Rural
Business (RB) floating zone.
Two existing single-family dwellings and an extensive series of agricultural
support buildings make up the entirety of the farm complex which dates to the
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1800s. These buildings support both the primary agricultural operation as well as
related trades or services which have arisen over time such as a wood planer shop,
agricultural equipment rental, produce sales, and woodstove sales.
Along the western boundary of the property is a permitted moderate volume
mineral extraction area used for shale mining. Moderate volume mineral
operations are areas in which the land area devoted to mineral extraction and
mineral processing is between one-five acres. A perennial stream, Meadow Brook,
flows through the southwest corner of the property, resulting in a notable area of
floodplain and wetlands on that part of the parcel.
CRITERIA ANALYSIS
Availability of Public Facilities
Water and Sewer
The adopted Water and Sewerage Plan for the County establishes the policies
and recommendations for public water and sewer infrastructure to help guide
development in a manner that helps promote healthy and adequate service to
citizens. By its own decree, the purpose of the Washington County Water and
Sewerage Plan is “…to provide for the continued health and well-being of
Washington Countians and our downstream neighbors…”1 This is achieved
through implementing recommendations within the County Comprehensive Plan
and the Water and Sewerage Plan to provide for services in a timely and efficient
manner and by establishing an inventory of existing and programmed services.
A. Water
The proposed rezoning site is designated as W-7 in the 2009 Water and Sewer
Plan with no planned connection to public water. Two existing wells connected
to the residential uses on the property are depicted on Washington County Plat
9728 which has been included in as part of the application file. Regarding impacts
to existing water and sewer usage from the proposed businesses, the Applicants’
justification statement asserts that “With limited use, the existing well and septic
systems are in good condition.”
1 Washington County, Maryland Water and Sewerage Plan 2009 Update, Page I-2
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B. Sewer
The proposed rezoning site is designated as S -7 in the 2009 Water and Sewer
Plan with no planned connection to public sewer. An approximate location of the
existing septic system is depicted on the recorded plat noted above.
Stormwater Management
As noted in the Applicants’ justification statement regarding recent (mostly
agriculture related) development permitted on the property “More recent
construction of pole buildings, etc. have gone through the permitting process including
stormwater management review.” Stormwater review and mitigation was also done
for the moderate volume mineral extraction area on the western boundary on the
property. Proposed stormwater management facilities are not shown on the
preliminary site plan included with the application.
Floodplain
The proposed rezoning site contains floodplain and wetland areas in the
southwest corner of the property. These areas lie outside of the developed
footprint of the property which is proposed inclusion within the Rural Business
floating zone. Disturbance of such areas is generally prevented or limited by
restrictions contained within the County’s Floodplain Management Ordinance.
Development review by various regulatory agencies would also likely account for
continued protection of the area, should the site see additional construction in the
future.
Bulk Regulations
The Applicants’ Justification Statement does not specifically address bulk
requirements such as setbacks or lot coverage aside from noting the current
existence of parking in connection with the produce stand. The lot does however
contain ample acreage to meet zoning setbacks and other bulk requirements, and
the boundaries of the developed footprint at the site have been largely established
within a centralized location on the parcel over time.
- 4 -
In 2020, a variance to reduce the minimum required side yard setback on the
western property boundary from one hundred to twenty-five feet was granted by
the Board of Zoning Appeals as a part of special exception AP-2020-015. This same
decision also authorized the moderate volume mineral extraction operation in this
same area of the parcel.
Fire and Emergency Services
The Clear Spring Ambulance Club and Clear Spring Volunteer Fire Company
are the nearest emergency services provider to this site, located approximately 2.75
miles west within the Town limits.
Relationship of the Proposed Change to the Adopted Plan for the County:
The purpose of a Comprehensive Plan is to evaluate the needs of the
community and balance different types of growth and development to foster
compatibility between different land uses. In general, this is accomplished
through the evaluation of existing conditions, projections of future conditions, and
creation of a generalized land use plan that provides a blueprint to achieving this
compatibility while maintaining the health, safety, and welfare of the general
public.
The Rural Business Zoning District (RB) is established to permit the
continuation and development of businesses that support the agricultural
industry and farming community, serve the needs of the rural residential
population, provide for recreation and tourism opportunities, and to establish
locations for businesses and facilities not otherwise permitted in the rural areas of
the County. It is established as a “floating zone” which may be located on any
parcel in an Agricultural, Environmental Conservation Preservation, or Rural
Village Zoning District. A floating zone is a zoning district that delineates
conditions which must be met before that zoning district can be approved for an
existing piece of land.
Section 5E.4 of the Rural Business Zoning District describes the criteria that
must be met for the establishment of a new Rural Business Zoning District. These
criteria include:
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1. The proposed RB District is not within any designated growth area
identified in the Washington County Comprehensive Plan;
2. The proposed RB District has safe and usable road access on a road that
meets the standards under the “Policy of Determining Adequacy of
Existing Roads”. In addition, a traffic study may be required where the
proposed business, activity, or facility generates twenty-five or more peak
hour trips or where 40% of the estimated vehicle trips are anticipated to be
commercial truck traffic;
3. Onsite issues relating to sewage disposal, water supply, stormwater
management, floodplains, etc. can be adequately addressed; and
4. The location of an RB District would not be incompatible with existing land
uses, cultural or historic resources, or agricultural preservation efforts in
the vicinity of the proposed district.
Section 5E.6c further expands upon the above noted criteria in describing the basis
for which the Planning Commission should base its recommendation to the Board
of County Commissioners after the Public Information Meeting including:
1. The proposed district will accomplish the purpose of the RB District;
2. The proposed site development meets criteria identified in Section 5E.4 of
this Article;
3. The roads providing access to the site are appropriate for serving the
business-related traffic generated by the proposed RB land use;
4. Adequate sight distance along roads can be provided at proposed points of
access;
5. The proposed landscaped areas can provide adequate buffering of the
proposed RB land use from existing land uses in the vicinity;
6. The proposed land use is not of a scale, intensity, or character that would
be incompatible with adjacent uses or structures.
Compatibility with Existing and Proposed Development in the Area
A. Zoning
The proposed district will accomplish the purpose of the RB District. Under the
current Agricultural Rural (AR) zoning, many of the Applicants’ uses of the
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property would be permitted with the approval of a special exception. Within an
RB Zoning District, however, they would become principal permitted uses.
The proposed site of the rezoning is located outside of the County’s current
Urban Growth Area boundary. This status is not proposed to change in the
forthcoming Comprehensive Plan Update.
B. Land Use in the Vicinity
Nearly all surrounding lands are zoned Agricultural Rural (AR). The
properties in the areas between Saint Paul and Spickler Roads are either large
agricultural parcels or smaller residential lots. A notable exception being Saint
Paul’s Reformed Church and Cemetery located on the adjacent parcels to the
southwest of the subject site.
There are four other existing RB Zoning Districts in the immediate vicinity
providing prior precedent for commercial uses along this stretch of U.S. 40. These
adjacent rural businesses include National Pike Convenience Store, Miller’s
Farmstead, Mt. Tabor Builders, and Myers Building Systems.
C. Historic Resources .
As the property is located along the Historic National Road Maryland Scenic
Byway (encompassing U.S. 40 from Baltimore to the Pennsylvania state line in
Garrett County) there are thirteen historic sites within half of a mile or less of the
proposed rezoning that were considered in evaluating its compatibility. The
subject site itself contains a historic site, the Halteman Farm. The remaining twelve
sites are found mostly along National Pike, along with a few also located on Saint
Paul Road. These thirteen sites are described in the Maryland Historic Trust
Inventory of State Historic Sites.
Present and Future Transportation Patterns
A. Traffic Generation
Traffic counts on County and State roads in the vicinity of the rezoning site
provide limited insight on traffic flow or congestion that might be impacted by an
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expanded business at this location. The Maryland State Highway Administration
(SHA) has also maintained a permanent traffic counter approximately 2.25 miles
west of the site, just outside the town boundary of Clear Spring. These counts
indicate a clear decline in traffic heading west on U.S. 40 during the last twenty
years.
The requirements of the RB District require a traffic study when the proposed
business, activity, or facility generates “twenty-five or more peak hour trips or
where forty percent of the estimated vehicle trips are anticipated to be commercial
truck traffic. The Applicants’ justification statement asserts that “peak hour trips
will not exceed the reference policy document” from various business operations
occurring on the parcel.
B. Road and Site Circulation Improvements
The site is located at the end of Flying Duck Lane (a private road) and U.S. 40.
The latter road is classified as a minor arterial in the Functional Road Classification
portion of the Transportation Element in the County’s 2002 Comprehensive Plan.
This classification accounts for mobility and access characteristics of the roadway
in its categorization. Minor Arterial roads are designed to carry between 2,000-
5,000 Average Daily Traffic in rural areas. The County’s road classification system
is based upon the Federal Highway Functional Classification System but modified
to reflect local road conditions.
A review of the County’s ten-year Capital Improvement Plan (CIP) and the
State Highway Administration’s Consolidated Transportation Plan did not note
any road improvements in the vicinity of this proposed rezoning that would affect
road capacity or traffic flow. The Highway Plan in the 2002 Comprehensive Plan
and HEPMPO’s LRTP also did not indicate any immediate road improvements in
the vicinity.
The Applicants’ preliminary site plan does not anticipate any access changes
to the property from U.S. 40.
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Conclusion
Based on the information provided by the Applicants in the initial application,
further analysis by Staff and the recommendation of the Planning Commission,
the Board of County Commissioners believes that there is sufficient evidence
submitted to meet the criteria outlined in Article 5E of the Zoning Ordinance to
support the application of an Agricultural Rural (A(R) with Rural Business (RB)
District floating zone to the subject area. Changes to the use, intensity, or area
covered by an approved Rural Business District Overlay shall be reviewed by the
Planning Commission and may be required a new public hearing to approve the
changes.
A TTEST : B OARD O F C OUNTY C OMMISSIONERS
O F W ASHINGTON C OUNTY ,
M ARYLAND
___________________________ BY: ________________________________
Dawn L. Marcus, Clerk John F. Barr, President
Approved as to form and legal sufficiency:
______________________________
Aaron Weiss
Assistant County Attorney
Page 1 of 2
ORDINANCE NO. ORD-2024-
A N O RDINANCE TO A MEND THE Z ONING M AP
FOR W ASHINGTON C OUNTY , M ARYLAND
(RZ-24-002 )
Pursuant to the provisions of Section 7A.0 et seq. of the Zoning
Ordinance for Washington County, Maryland (Zoning Ordinance ), John and
Lisa Halteman, the Applicants, have petitioned the Board of County
Commissioners of Washington County, Maryland (Board), seeking to apply
the Rural Business (RB) floating zone over a 6.82-acre portion of their
property located at 12635 Flying Duck Lane, which is currently zoned
Agricultural Rural A(R).
The matter has been designated as Case No. RZ-24-002 .
This application was reviewed by the Planning Commission, and the
Planning Commission recommended that the application be approved.
The Board has considered all information presented at the public
hearing conducted on October 15, 2024, and the recommendation of the
Planning Commission. The Board has made factual findings and
conclusions of law that are set forth in the attached Decision. The findings
of fact and conclusions of law are incorporated herein.
NOW, THEREFORE, BE IT ENACTED AND ORDAINED, by the Board of
County Commissioners of Washington County, Maryland, that the
property which is the subject of Case No. RZ-24-002 be, and hereby is,
designated as Agricultural Rural A(R) with Rural Business (RB) overlay.
IT IS FURTHER ENACTED AND ORDAINED that the official Zoning Map
for Washington County be, and hereby is, amended accordingly. The
Director of Planning and Zoning shall cause the Zoning Map to be amended
pursuant to this Ordinance.
Adopted and effective this ____ day of November, 202 4.
Page 2 of 2
A TTEST: B OARD OF C OUNTY C OMMISSIONERS
OF W ASHINGTON C OUNTY , M ARYLAND
____________________________ BY:________________________________
Dawn L. Marcus, Clerk John F. Barr, President
Approved as to form and
legal sufficiency:
____________________________
Aaron Weiss
Assistant County Attorney
Mail to:
Office of the County Attorney
100 W. Washington Street, Suite 1101
Hagerstown, MD 21740