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HomeMy WebLinkAbout2019/03/26 - Regular Packet BOARD OF MASON COUNTY COMMISSIONERS DRAFT MEETING AGENDA Commission Chambers— 6:00 p.m. 411 North Fifth Street, Shelton WA 98584 March 26, 2019 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 4.2 News Release- 2019 National Public Health Week & Mason County Public Health Month Staff: Audrey O'Connor 5. Open Forum for Citizen Input (3 minutes per person, 15 minutes time limit) If you wish to address the Commission, raise your hand to be recognized by the Chair. When you have been recognized, please step up to the microphone and give your name and address before your comments.The Mason County Commission is committed to maintaining a meeting atmosphere of mutual respect and speakers are encouraged to honor this principle. 6. Adoption of Agenda Items appearing on the agenda after"Item 10. Public Hearings", may be acted upon before 6:15 p.m. 7. Approval of Minutes — March 11, 2019 briefing minutes 8. Approval of Action Agenda: All items listed under the Action Agenda may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered as a separate item. 8.1 Approval to authorize Public Works to use the County MRSC Consultant Roster to select a consultant to provide surveying services for County Road Project 2014 and to execute the consultant agreement once a consultant is selected. 8.2 Approval to remove Tina Post and Leanna Krotzer from the Parks & Recreation Advisory Board due to lack of participation and approval of a news release advertising the vacant positions. 8.3 Approval to relinquish one Engineer Tech position and create, post, and fill one full time equivalency (FTE) as an Engineer in the Public Works Department. There is no change in the department FTE count. 8.4 Approval to amend Resolution 20-17 and Mason County Code, Title 2, Chapter 2.46, Americans with Disabilities Act (ADA) designated contact persons for any internal or external complaints or grievances, add Chapter 2.47 ADA Accessibility for the Deaf or Hearing Impaired, and add Chapter 2.48 ADA Service Animal Accommodations. 8.5 Approval to renew an Interlocal Agreement for prisoner housing between the Sheriff's Office/County and the City of Shelton. Last printed 3/21/2019 2:10:00 PM If special accommodations are needed, contact the Commissioners'office at ext. 419, Shelton #360-427- 9670; Belfair#275-4467, Elma #482-5269. MASON COUNTY COMMISSIONERS' MEETING AGENDA March 26, 2019—PAGE 2 9. Other Business (Department Heads and Elected Officials) 9.1 News Release- Parks and Trails Advisory Board Openings Staff: Ross McDowell 10. 6:15 p.m. Public Hearings and Items Set for a Certain Time- 10.1 Public hearing to consider the submission of the Community Development Block Grant (CDBG) application, and the resolution authorizing the submission and certifying the County's Compliance with CDBG requirements and authorizing Frank Pinter, Support Services Director, to act as the Chief Administration Official for the CDBG program. Staff: Kelly Bergh 11. Board's Reports & Calendars 12. Adjournment J:\AGENDAS\2019\2019-03-26 REG.doc MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Jennifer Giraides Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: March 26, 2019 No. 4.1 ITEM: Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent a liquor license application for North Mason Rotary Club held at The Hub 111 NE Old Belfair Highway, Belfair. Attachments: Originals on file with the Clerk of the Board. 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Executive Session—RCW 42.30.110(1)(i)Potential Litigation Commissioners Shutty,Drexler and Neatherlin met in Executive Session from 9:00 a.m.to 9:20 a.m. Chief Deputy Prosecuting Attorney Tim Whitehead and Frank Pinter were also in attendance. 9:30 A.M. Closed Session—RCW 42.30.140(4)Labor Discussion Commissioners Shutty,Drexler and Neatherlin met in Closed Session from 9:20 a.m.to 9:50 a.m. with Frank Pinter for a labor discussion. 9:50 A.M. Support Services—Frank Pinter Commissioners Shutty,Drexler and Neatherlin were in attendance. • Resolution to change Assessor's Office public office hours to Monday through Friday,9 a.m.to 4 p.m.approved to move forward. • Renewal of Park Host contract for MCRA Park approved to move forward. • Firewise Title III grant request for the-Secure Rural Schools and Community Self-Determination Act approved to move forward. • Presidential Disaster Declaration Winter Storm December 10—24,2018 approved to move forward. • Frank asked for input from the Commission for the ILA with Grays Harbor for Regional Jail and this will be briefed again. • Frank presented the Memorandum of Understanding with Deputy Prosecuting Attorney Union to reflect a new pay scale. Cmmr.Neatherlin asked that when a contract is opened,that it be extended. • Salary realignment for Chief Deputy Prosecuting Attorney to set the salary at 75%of the Superior Court Judge salary effective April 1 will be placed on the agenda. • Request to lease County parcel and enter into Letter of Intent from Walt Austin Investments was discussed. Rahn Redmond was in attendance. Kell Rowen,Planning,stated the property would probably need to be rezoned to tourist campground and will need a public hearing for a special use permit for motorsports. Cmmr.Neatherlin pointed out that for Ridge Motorsports,the Commissioners changed the tourism campground to include motorsport racing. Kell will check to see if motorsports are now allowed in the tourist campground zone. Frank pointed out the property is currently owned by Public Works and Public Works couldn't enter into a lease so the property would need to be purchased by Current Expense at fair market value and Current Expense could lease the property. Rahn stated that because of the uniqueness of the project he believes this lease can happen. They intend to build the facility for a NPRA rodeo and questioned if large amounts of animals would be allowed. The intent is to build a fairgrounds facility and racetrack that will include other facilities including a historical museum;lease the property from the County for$1 month for 30 years and after 30 years give the facilities to the County for free. He believes this will improve the community and give our youth something to do. Cmmr.Neatherlin stated the County needs to figure out the Current Expense funding and have Rahn bring forward the property that would be swapped for long term commercial forest. Rahn stated he needs something signed by the County so he can form a 501C3 and create a business plan and seek other events. Cmmr.Shutty stated the first step is to identify the Current Expense funding. Rahn asked if there could there be a deferred payment from the Current Expense to Road Fund. Frank was directed to bring back funding options and a draft letter of intent with milestones. 10:15 a.m. The Board took a 5 minute break. Board of Mason County Commissioners'Briefing Meeting Minutes March 11,2019 10:20 A.M. Sheriff s Office—Sheryl Hilt Commissioners Shutty,Drexler and Neatherlin were in attendance. • Sheryl presented information on the Department of Ecology litter control grant for the 2019-2021 term from Department of Ecology and the request is$85,600. The grant has been submitted by the Sheriffs office because the due date of March 7. 10:25 A.M. Community Services—Dave Windom Commissioners Shutty,Drexler and Neatherlin were in attendance. • Kris from the Historical Preservation Committee explained provided information on the Heritage Grant that is preserving oral history from the Skokomish Tribe. The$4,000 grant is to Great Bend Center for the cost of commissioning a new piece of music incorporating Salish and settler musical themes which will premiere at Carnegie Hall in 2019.The music will also be performed locally and will be available for future performances.The award will be on the March 19 agenda. • Discussion of current legislation and WRIA 15 meeting. • Kell presented the amendments to Title 17 relating to the Belfair Urban Growth Area(UGA)and Electric Vehicle Infrastructure that were adopted on December 5,2017 but were not attached to the original ordinance. This will be placed on the Action Agenda for approval since the public hearing was held back in 2017 and nothing is changed. Juvenile Services—Jim Madsen Commissioners Shutty,Drexler and Neatherlin were in attendance. • Request to recruit for a female Juvenile Detention Officer that has been vacated and is budgeted was approved. 11:00 A.M. Public Works—Jerry Hauth Utilities&Waste Management Commissioners Shutty,Drexler and Neatherlin were in attendance. • Public Works will be installing an honorary road sign recognizing Kerry Schuffenhauer for her 36 years of service to Mason County. • Review of Traffic Diversion funds that will be reported on the annual County Road Administration Board(CRAB)report for 2018. Chief Spurling and Diane Sheesley will meet quarterly to review the expenses and make sure they qualify for Traffic Diversion.Cmmr. Neatherlin stated he wants to be certain the expenses are managed so it stays on track and does not end up impacting Current Expense. Diane Sheesley stated CRAB was questioning the traffic vehicle purchase in the 4�'quarter of 2018 that was not done through ER&R. Traffic Diversion expenses are tracked monthly. • Loretta reported they are working on hiring an Engineer I and have some Human Resources issues they are checking on. 11:30 A.M. WSU Extension—Dan Teuteberg Commissioners Shutty,Drexler and Neatherlin were in attendance. • Dan provided the Winter 2019 quarterly report for the WSU Extension office which includes 4-H Youth programs,Master Gardeners and septic education classes. 11:45 A.M. Commissioner Discussion • Cmmr.Trask stated she has been contacted by the subagent group asking the Commission to send a letter to DOL asking the subagent licensing contract not be awarded to an out-of-state contractor. Cmmr. Shutty doesn't support sending a letter;he believes it's a good opportunity for Mason County although it may not be good for the local subagents. It was an independent process outside of the Commissioners and he supports it. Cmmr.Neatherlin agreed. • Cmmr.Trask brought up the pedestrian issue in Hoodsport.Cmmr.Shutty provided the history on a DOT study that was done in the downtown core of Hoodsport last year.The Port of Hoodsport needs to follow up on potential funding for better crosswalk signs. Cmmr.Neatherlin would Board of Mason County Commissioners'Briefing Meeting Minutes March 11,2019 support using some County dollars although it is a State Highway so any signs would have to be donated to WSDOT for maintenance. The meeting adjourned at 11:50 a.m. Respectfully submitted, Diane Zoren,Administrative Services Manager BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Randy Neatherlin Sharon Trask Chair Commissioner Commissioner NEWS RELEASE March 26"', 2019 MASON COUNTY COMMISSIONERS 411 NORTH 5T" ST SHELTON, WA 98584 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: 2019 NATIONAL PUBLIC HEALTH WEEK & MASON COUNTY PUBLIC HEALTH MONTH Every April since 1995, communities nationwide have joined together to celebrate National Public Health Week. April 1-7th is National Public Health Week 2019, celebrating the work of public health and coming together in support of better health for all. In addition, the Mason County Board of Health has also proclaimed the month of April as Mason County Public Health Month. Changing our health means ensuring conditions where everyone can have the opportunity to be healthy. To ensure everyone has a chance at a long and healthy life, we must also tackle the underlying causes of poor health and disease risk. Those causes are rooted in how and where we live, learn, work and play. We call upon the people of Mason County to observe this month by helping our families, friends, neighbors, co-workers and leaders better understand the value of public health and adopt preventative lifestyle habits in light of this year's theme, "Creating the Healthiest Nation." Each week of the month of April, Mason County Public Health will focus on a different theme. Week 1: April 1-7th will focus on Rural Health, Week 2: April 8-14th will focus on Physical Activity and Obesity, Week 3: April 15-21 st will focus on Environmental Health, and finally Week 4: April 22-28th will focus on Prescription Medication Safe Storage and Disposal. More information will be promoted each week on both Mason County Public Health's Facebook and Twitter pages which can be found @masoncountyph and @HealthyMC and further press releases. For more information or questions about Public Health Month please call our office at 360-427-9670 ext. 400. Kevin Shutty Sharon Trask Randy Neatherlin Chair Commissioner Commissioner MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Loretta Swanson, Interim Deputy Director Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: March 26, 2019 Agenda Item # BRIEFING DATE: March 18, 2019 BRIEFING PRESENTED BY: Loretta Swanson [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Survey Services for County Road Project 2014, Deegan Road West BACKGROUND: Public Works would like to enter into a consultant agreement for surveying services for County Road Project 2014, Deegan Road West culvert replacement project (Approved March 26, 2018, Resolution 23-18). Per the County Purchasing Policy, all contracts falling under RCW 39.80 (Contracts for Architectural and Engineering Services) must be approved by the Board. BUDGET IMPACTS: This project is estimated to cost less than $20,000, and is within the 2019 approved budget. RECOMMENDED ACTION: Recommend the Board authorize Public Works to use the County MRSC Consultant Roster to select a consultant to provide surveying services for County Road Project 2014 and to execute the Consultant agreement once a consultant is selected. Attachment A MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Ross McDowell Action Agenda _X_ Public Hearing Other DEPARTMENT: Parks & trails EXT: 806 COMMISSION MEETING DATE: 03/26/2019 Agenda Item # Commissioner staff to complete) BRIEFING DATE: 03/18/2019 BRIEFING PRESENTED BY: Ross McDowell [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Recommendation for removal of 2 Mason County Parks & Recreation Advisory Board members and approve a news release for applicants for the open position. BACKGROUND: On March 7, 2019 there was a meeting for the MC Parks & Recreation Advisory Board at the Salmon Center in Belfair. On the agenda was two items that the board wanted to make recommendations to the Mason County Board of Commissioners. The first item is a recommendation to remove Tina Post and Leanna Krotzer from the Parks & Recreation Advisory Board due to lack of participation (Tina Post last meeting was on 09/12/2017 and Leanna Krotzer was on 02/06/2018). On January 25, 2019 letters were sent (US Postal & e-mail) to Tina Post and Leanna Krotzer requesting their decision to remain on the Parks and Trails Advisory Board. They were to respond via e-mail of their decision by February 11, 2019. As of this meeting March 7, 2019 no correspondence has been received by either member. A motion was made by Andrew Kinney and seconded by Jeanne Robinson to recommend to the Mason County Board of County Commissioners that Tina Post and Leanna Krotzer be removed from the PTAB and request the two positions be opened for appointment by the Board of County Commissioners. Motion was carried and approved unanimously. On March 18, 2019, at the Mason County Board of County Commissioners briefing, the recommendation from the Mason County Parks & Recreation Advisory Board was brought to the Commissioner's attention. BUDGET IMPACTS: None H:\Facilities&Parks\Parks\Park&Trails Advisory Board\2019\Commission Agenda Item Summary 03- 26-2019.doc Attachment A RECOMMENDED ACTION: The Parks & Recreation Advisory Board recommends the removal of the two members and approve a news release for the two open positions for the Parks & Recreation Advisory Board. ATTACHMENT(S): News Release for Parks & Recreation Advisory Board open positions H:\Facilities& Parks\Parks\Park&Trails Advisory Board\2019\Commission Agenda Item Summary 03- 26-2019.doc MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Frank Pinter Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 530 COMMISSION MEETING DATE: March 26, 2019 Agenda Item # (Commissioner staff to complete) BRIEFING DATE: 3/18/19 BRIEFING PRESENTED BY: Frank Pinter [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to relinquish one Engineer Tech position and create, post, and fill one full time equivalency (FTE) as an Engineer in the Public Works Department. There is no change in the departmental FTE count. BACKGROUND: The Mason County Public Works Director has requested to relinquish one Engineer Technician position in order to create, post, and fill one Engineer position. The Engineer Tech position is a represented position where the Engineer position is a non-represented position. There is no objection to the change in the position by the Engineers Guild. There is no change in BUDGET IMPACTS: RECOMMENDED ACTION: Approval to relinquish one Engineer Tech position and create, post, and fill one full time equivalency (FTE) as an Engineer in the Public Works Department. There is no change in the departmental FTE count. Attachment: None MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Dawn Twiddy Action Agenda Public Hearing Other DEPARTMENT: Support Services EXT: _422_ COMMISSION MEETING DATE: 3/26/19 Agenda Item # Commissioner staff to complete) BRIEFING DATE: 3/18/19 BRIEFING PRESENTED BY: Dawn Twiddy [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to amend Resolution 20-17 and Mason County Code, Title 2, Chapter 2.46, Americans with Disabilities Act (ADA) designated contact persons for any internal or external complains or grievances, add Chapter 2.47 ADA Accessibility for the Deaf or Hearing Impaired, and add Chapter 2.48 ADA Service Animal Accommodations. Background: The contact persons for the Americans with Disabilities Act Coordinators has been updated. This will designate the Support Services Director and the Facilities Manager as Mason County's ADA coordinators for any internal or external complaints or grievances and authorizes posting of the expanded Notice Under the Americans with Disabilities Act Creating Chapter 2.47 adds information for the deaf and hard of hearing on how to reach Mason County by using the Telecommunications Relay Service (TRS) and by email through the County website. Creating Chapter 2.48 establishes conditions for the presence of animals in Mason County facilities to protect the safety of employees, the public and county property, and to comply with the ADA of Washington Law against Discrimination, RCW 49.60. RECOMMENDED ACTION: Approval to amend Resolution 20-17 and Mason County Code, Title 2, Chapter 2.46, Americans with Disabilities Act (ADA) designated contact persons for any internal or external complains or grievances, add Chapter 2.47 ADA Accessibility for the Deaf or Hearing Impaired, and add Chapter 2.48 ADA Service Animal Accommodations. Attachment(s): Resolution and Mason County Code updates, along with Attachment A, B, & C. 3/13/2019 RESOLUTION NO. Mason County's Americans with Disabilities Act Coordinators Amends Resolution 20-17 and Title 2 Chapter 2.46, adds Chapter 2.47 Americans with Disabilities Act Accessibility for the Deaf or Hearing Impaired, and adds Chapter 2.48 Americans with Disabilities Act Service Animal Accommodations, of the Mason County, Washington, Code of Ordinances WHEREAS, the Americans with Disabilities Act was signed into law on July 26, 1990 and; WHEREAS, the Board of Mason County Commissioners herby designates the Support Services Director and Facilities Manager as the ADA Coordinator contact persons for any internal or external complaints or grievances. Mason County, Washington, Code of Ordinances, Chapter 2.46 also designates the Support Services Director and Facilities Manager to be the designated contact and investigate complaints and grievances (see attachment A); and WHEREAS, the Board of Mason County Commissioners establishes Mason County, Washington, Code of Ordinances, Chapter 2.47 Americans with Disabilities Act Accessibility for the Deaf or Hearing Impaired (see attachment B); and WHEREAS, the Board of Mason County Commissioners establishes Mason County, Washington, Code of Ordinances, Chapter 2.48 Americans with Disabilities Act Service Animal Accommodations (see attachment C),- NOW, );NOW, THEREFORE, BE IT RESOLVED that the Board of Mason County Commissioners herby designates the Support Services Director and Facilities Manager as Mason County's ADA Coordinators for any internal or external complaints or grievances (see attachment A); BE IT FURTHER RESOLVED that the Board of Mason County Commissioners herby establishes Code of Ordinances, Chapter 2.47, Americans with Disabilities Act Accessibility for Deaf or Hearing Impaired (see attachment B), and Code of Ordinances, Chapter 2.48, Americans with Disabilities Act Service Animal Accommodations 9see attachment C) DATED this day of March 2019. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair APPROVED AS TO FORM: Randy Neatherlin, Commissioner Tim Whitehead, Chief Deputy Sharon Trask, Commissioner Prosecuting Attorney Chapter 2.46-AMERICANS WITH DISABILITIES ACT CONTACT PERSONS 2.46.010-Contact persons—Designated. The support services director and emornonnv and infeFination conrir es facilities manager shall be designated as ADA contact persons for any internal or external complaints or grievances and will provide proper notice of this complaint procedure to the community and on official county bulletin boards and will provide complaint/grievance forms brochure (see Attachment A and ettaG~Mont Q attached to the resolution codified in this chapter and on file in the office of the county clerk of the board) in all county facilities where there is public access. (Res. 46-92 (part), 1992). (Res. No. 49-14, 8-19-2014; Res. No. 20-17, 4-11-2017) Editor's note—Exhibits A and B are attached to the resolution codified in this section and are on file in the eity county clerk's office. 2.46.020-Contact persons—To review and investigate complaints. The support services director or the omoraonn" and information ecn,iGes facilities manager will review, investigate and otherwise dispose of such complaints in a manner that meets the good of the service and will provide a quarterly report of any ADA concern to the board of county commissioners. (Res. 46-92 (part), 1992). (Res. No. 49-14, 8-19-2014; Res. No. 20-17, 4-11-2017) Chapter 2.46 AMERICANS WITH DISABILITIES ACT CONTACT PERSONS,b. Sections: 2.46.010 Contact persons—Designated 2.46.020 Contact persons—To review and investigate complaints 2.46.010 Contact persons—Designated The Support Services Director and Facilities Manager shall be designated as ADA contact persons for any internal or external complaints or grievances and will provide proper notice of this complaint procedure to the community and on official county bulletin boards and will provide complaint/grievance forms (See Attachment A attached to the resolution codified in this chapter and on file in the office of the county clerk of the board) in all county facilities where there is public access. (Res. 20-17 (part), 2017). 2.46.020 Contact persons—To review and investigate complaints The Support Services Director or the Facilities Manager will review, investigate and otherwise dispose of such complaints in a manner that meets the good of the service and will provide a quarterly report of any ADA concern to the board of county commissioners. (Res. 20-17 (part), 2017). Attachment A t , ADA GRIEVANCE PROCEDURE 1854 Mason County has adopted an internal grievance procedure providing for prompt equitable resolution of complaints alleging any action prohibited by the U.S.Department of Justice regulations implementing Title II of the Americans with Disabilities Act. Title H states,in part,that"no otherwise qualified disabled individual shall,solely by reason of such disability,be excluded from the participation in,be denied the benefits of,or be subjected to discrimination'in programs or activities sponsored by a public entity. Complaints should be addressed to: Mason County ADA Coordinator 411 North 5th Street Shelton,Washington,98584 (360)427-9670 1. A complaint should be filled in writing and contain information about the alleged violation such as the name,address,phone number of complainant and the location,date and description of the violation. Alternative means of filing complaints,such as a personal interview,will be made available for persons with disabilities upon request. 2. A complaint should be filed as soon as possible,but no later than thirty(30)calendar days after the alleged violation. 3. An investigation,as may be appropriate,shall follow the filing of a complaint within fifteen(15)calendar days. The investigation shall be conducted by Mason County's ADA Coordinator. These rules contemplate informal but thorough investigations,affording all interested persons and their representatives,if any,an opportunity to submit evidence relevant to a complaint. 4. A written determination as to the validity of the complaint and description of the resolution,if any,shall be issued by the ADA Coordinator,and copy forwarded to the complainant no later than fifteen(15)calendar days after the investigation. 5. If the response of the ADA Coordinator does not satisfactorily resolve the issue,the complainant may appeal the decision within fifteen(15)calendar days after the receipt of the response to the Board of County Commissioners. A final decision will be made by the Board of County Commissioners within thirty(30) calendar days. 6. The ADA Coordinator shall maintain the files and records relating to complaints. Mason County shall retain these records for at least three years. 7. The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the persons pursuit of other remedies such as filing of an ADA complaint with the responsible federal department or agency. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies. 8. These rules shall be construed to protect the substantive rights of interested persons to meet appropriate due process standards,and to assure the Mason County complies with the ADA and implementing regulations. Attachment A Co PROCEDIMIENTO DE QUERELLAS DE ADA Condado del mas6n ha adoptado un procedimiento de queja internos prev6n pronta soluci6n equitativa de las quejas alegando cualquier acci6n prohibida por las regulaciones del Departamento de Justicia estadounidense aplicaci6n el titulo II de la ley de estadounidenses con discapacidades. Titulo H los Estados,en parte,que"de to contrario no individuo calificado con,discapacidad,unicamente por raz6n de tal incapacidad,se excluird de la participaci6n en,ser negado los beneficios de o ser objeto de discriminaci6n"en programas o actividades patrocinadas por una entidad publica. Las quejas deben ser dirigidas a: Coordinador de ADA Condado de Mason 411 North 5th Street Shelton,Washington,98584 (360)427-9670 1. Una queja por escrito se debe lienar y contienen informaci6n sobre la presunta violaci6n como el nombre, direcci6n,numero de tel6fono del querellante y la ubicaci6n,fecha y descripci6n de la violaci6n. Medios alternativos de presentaci6n de denuncias,como una entrevista personal,estardn disponibles para las personas con discapacidad previa solicitud. 2. Una queja debe presentarse tan pronto como sea posible,pero no mds tarde de treinta 30 dias calendario despu6s de la supuesta violaci6n. 3. Una investigaci6n,como puede ser apropiado,seguir4 la presentaci6n de una queja dentro de quince 15 dfas. La investigaci6n se efectuard por el Condado de Mason Coordinador de ADA. Estas normas contemplan investigaciones informales pero exhaustivas,que ofrezca a todas las personas interesadas y sus representantes,si cualquier oportunidad de presentar pruebas pertinentes a una queja. 4. Una determinaci6n escrita en cuanto a la validez de la denuncia y la descripci6n de la resoluci6n,si los hubiere,se expedird por el Coordinador de ADA y copia enviada a la organizaci6n querellante no mks tarde de quince 15 dias calendario despu6s de la investigaci6n. 5. Si la respuesta del Coordinador de ADA no resuelve satisfactoriamente el asunto,el demandante puede apelar la decisi6n dentro de los quince 15 dfas calendario despu6s de la recepci6n de la respuesta a la Junta de Comisionados del condado. Una decisi6n final se hard por la Junta de Comisionados del Condado dentro de 30 treinta dias de calendario. 6. El Coordinador de ADA mantendni los archivos y registros relativos a las quejas. Condado del mas6n conservard estos registros durante al menos tres anos. 7. El derecho de una persona a una resoluci6n rdpida y equitativa de la denuncia presentada a continuaci6n no deberd ser deteriorado por la busqueda de la persona de otros remedios como la presentaci6n de una queja de ADA con la agenda o Departamento federal responsable. Uso de este procedimiento de quejas no es un requisito previo para la busqueda de otros remedios. 8. Estas reglas se interpretard para proteger los derechos sustantivos de las personas interesadas para cumplir con normas de proceso debido apropiado,y asegurar el Condado de Mason cumple con la ADA y reglamentos de aplicaci6n. Attachment A �50s CoUN�� NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT 1854 In accordance with the requirements of Title II of the Americans with Disabilities Act (ADA) of 1990,and Section 504 of the Rehabilitation Act of 1973, Mason County will not discriminate against qualified individuals with disabilities on the basis of disability in its services,programs or activities. Employment: Mason County does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under Title I of the ADA. Effective Communication: Mason County will generally,upon request, provide appropriate aids and services leading to effective communication for qualified person with disabilities so they can participate equally in Mason County's programs, services, and activities,including qualified sign language interpreters, and various other ways of making information and communications accessible to people who have speech,hearing or vision impairments. Modifications to Policies and Procedures: Mason County will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs,services, and activities. Requests for Accommodation: Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of Mason County, should contact the Court or Department directly. Please make requests for accommodation at least 48 hours before the scheduled event. Problems or Complaints: Kelly Frazier,Facilities Manager and ADA Coordinator 360-427-9670 or kellyf@co.mason.wa.us Frank Pinter,Support Services Director and ADA Coordinator 360-427-9670 or fpinter@co.mason.wa.us. The ADA does not require Mason County to take any action that would fundamentally alter the nature of its programs or services, or impose and undue financial or administrative burden. Complaints that a program, service, or activity of Mason County is not accessible to persons with disabilities should be directed to the ADA Coordinators as listed above. Mason County will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy. WE ARE COMMITTED TO PROVIDING EQUAL ACCESS TO OUR SERVICES. Attachment A ��SON COAVIS. J- r • BAJO LA LEY DE AMERICANCIS • DISCAPACIDADES f 1854 Conforme a los requisitos del tftulo II de las Americans with Disabilities Act(ADA) de 1990 y la secci6n 504 del Acta de rehabilitaci6n de 1973,Condado de Mason no discriminard contra individuos calificados con discapacidades sobre la base de discapacidad en sus servicios, programas o actividades. Empleo:Mason County no discrimina por motivos de discapacidad en su contrataci6n o empleo prdcticas y cumple con todas las regulaciones promulgadas por la Comisi6n de oportunidades laborales iguales Estados Unidos bajo el t1tulo I de la ADA. Una comunicaci6n eficaz:Mason County General, previa solicitud,proporcionard adecuado contra el SIDA y servicios conducen a una comunicaci6n eficaz para persona calificada con discapacidad para que puedan participar igualmente en los programas, servicios y actividades del Condado de Mason, incluyendo calificados interpretes de lenguaje de senas y varias otras maneras de hacer de la informaci6n y las comunicaciones accesibles a las personas que tienen voz, audici6n o visi6n. Las modificaciones a las politicas y procedimientos:Mason County hard que todas las modificaciones razonables a las polfticas y programas para asegurar que las personas con discapacidad tengan igualdad de oportunidades para disfrutar de todos sus programas, servicios y actividades. Las solicitudes de alojamiento:Cualquiera que requiere una ayuda auxiliar o un servicio para la comunicaci6n efectiva, o una modificaci6n de las politicas o procedimientos para participar en un programa,servicio o actividad del Condado de Mason, debe comunicarse con el tribunal o el Departamento directamente. Por favor hacer las solicitudes de alojamiento al menos 48 horas antes del evento programado. Problemas o quejas: Kelly Frazier, Gerente de Instalaciones Coordinador de ADA 360-427-9670 o kellyf@Co.Mason.wa.US Frank Pinter, Directora de servicios de apoyo y Coordinador de ADA 360-427-9670 o fPinter@Co.Mason.wa.US. La ADA no requiere Mason Condado de emprender cualquier acci6n que fundamentalmente alterar la naturaleza de sus programas o servicios, o imponer y excesiva carga financiera o administrativa. Las quejas que un programa, servicio o actividad del Condado de Mason no es accesible para personas con discapacidad deben orientarse a los coordinadores ADA como se describe arriba. Condado de Mason no colocard un recargo en un individuo con una discapacidad o cualquier grupo de individuos con discapacidades para cubrir el costo de proporcionar ayudas auxiliares y servicios o modificaciones razonables de la polftica en particular. ESrAMOS C0MPR0I=ID0S A PROPORCIONAR IGUALDAD DE ACCESO A NUESrROS SERVICIOS. The complainant is not precluded from Attachment A_ filing formal complaints at any time during or after Mason County's grievance procedure with the Disability Right Section Civil Rights Division US Department of Justice 854 PO Box 66738 Washington, D.C. 20035-6738 Complaints may also be sent to agencies designated to process complaints under AMERICANS the regulation, or to agencies that WITH provide Federal financial assistance to DISABILITIES the program in question. GRIEVANCE Department of Agriculture PROCEDURE Department of Education Dept. of Health &Human Services Dept. of Housing & Urban Development Department of Interior Department of Justice Department of Labor Complaints should be Department of Transportation addressed to: Mason County ADA Coordinator c/o Risk Management 411 North 5th Street Shelton,Washington 98584 MASON COUNTY IS COMMITTED (360) 427-9670 TO PROVIDING EQUAL ACCESS TO OUR SERVICES. R/,?nl4 MASON COUNTY'S GRIEVANCE PROCEDURE UNDER THE AMERICANS WITH DISABILITIES ACT Mason County has adopted an inter- An investigation, as may be appro- County Commissioners within nal grievance procedure providing priate, shall follow the filing of a thirty (30) calendar days. for prompt equitable resolution of complaint within fifteen (15) calen- complaints alleging any action pro- dar days. The investigation shall hibited by the U.S. Department of be conducted by Mason County's The ADA Coordinator shall main- Justice regulations implementing Ti- ADA Coordinator. These rules tain the files and records relating to tle II of the Americans with Disabili- contemplate informal but thorough complaints. Mason County shall ties Act. Title II states, in part, that investigations, affording all inter- retain these records for at least "no otherwise qualified disabled in- ested persons and their representa- three years. dividual shall, solely by reason of tives, if any, an opportunity to sub- such disability, be excluded from the mit evidence relevant to a com- participation in, be denied the bene- plaint. The right of a person to a prompt fits of, or be subjected to discrimina- and equitable resolution of the tion" in programs or activities spon- complaint filed hereunder shall not sored by a public entity. A written determination as to the be impaired by the person's pursuit validity of the complaint and de- of other remedies such as filing of scription of the resolution, if any, an ADA complaint with the respon- A complaint should be filed in writ- shall be issued by the ADA Coordi- sible federal department or agency. ing and contain information about nator, and copy forwarded to the Use of this grievance procedure is the alleged violation such as the complainant no later than fifteen not a prerequisite to the pursuit of name, address, phone number of (15) calendar days after the investi- other remedies. complainant and the location, date gation. and description of the violation. Al- ternative means of filing complaints, These rules shall be construed to such as a personal interview, will be If the response of the ADA Coordi- protect the substantive rights of in- made available for persons with dis- nator does not satisfactorily resolve terested persons to meet appropri- abilities upon request. the issue, the complainant may ap- ate due process standards, and to peal the decision within fifteen (15) assure the Mason County complies calendar days after the receipt of with the ADA and implementing A complaint should be filed as soon the response to the Board of Coun- regulations. as possible, but no later than thirty ty Commissioners. A final decision (30) calendar days after the alleged will be made by the Board of violation. El demandante no esta impedido de Attachment A�7 , T presentar quejas formales en cualquier � as momento durante o despues deli a �' procedimiento de querellas del Condado de Mason con la secci6n de derecho de discapacidad Civil Rights Division US Department of Justice 1854 PO Box 66738 w Washington, D.C. 20035-6738 Las quejas tambien pueden ser enviadas a las agencias designadas para procesar , • , las quejas en virtud del Reglamento, o a ESTA • ENSES las agencias que proporcionan ayuda , DE financiera Federal para el programa en ACTUAN cuesti6n. PROCEDIMIEN " QUERELLAS Department of Agriculture _•.y Department of Education Dept. of Health&Human Services Dept. of Housing &Urban Development Department of Interior Department of Justice Las quejas deben dirigirse a: Department of Labor Department of Transportation Mason County ADA Coordinator c/o Risk Management 411 North 5th Street Shelton, Washington 98584 (360) 427-9670 CONDADO DE MASON SE HA COMPROMETIDO A PROPORCIONAR IGUALDAD DE ACCESO A NUESTROS SERVICIOS. u i�n14 MASON COUNTY'S PROCEDIMIENTO DE QUEJA BAJO ELACTA DEAMERICANOS CON DISCAPACIDADES Condado de Mason ha ado tado un Una investigaci6n,como puede ser p El Coordinador de ADA debera man- rocedimiento de uerellas internas apropiado, debera seguir la p q tener los archivos y registros relaciona- rev6n ronta soluci6n e uitativa de las presentaci6n de una queja dentro de p p q dos con las quejas. Condado de Mason quelas ale ando cualquier acci6npro- quince 15 dias de calendario. La inves- conservara estos registros durante al hibida por las normas del Departamento tigaci6n se realizard por el Condado menos tres anos. de justicia estadounidense incorporen Mason Coordinador de ADA. Estas titulo II de la ley de estadounidenses reglas contemplan investigaciones in- con discapacidades. Titulo H establece, formales pero exhaustivas,brindando El derecho de una persona a una en parte,que "de to contrario no indi- todas las personas interesadas y a sus resoluci6n pronta y equitativa de la viduo calificado con discapacidad, representantes, si los hay,la oportuni- denuncia presentada a continuaci6n no unicamente por causa de dicha incapaci- dad de presentar pruebas pertinentes a debera ser deteriorado por la btzsqueda dad, excluida de la participaci6n en,ser la queja. de la persona de otros remedios como negado los beneficios de o ser objeto de la presentaci6n de una queja con el de- discrisninaci6n" en programas o activid- partamento federal responsable o ades patrocinadas por una entidad pu- Una determinaci6n escrita en cuanto a agencia de ADA. Uso de este procedi- blica. la vandez de la queja y la descripci6n miento de queja no es un requisito pre- de la resoluci6n, si los hubiere, sera vio a la bu.squeda de otros remedios. expedida por el Coordinador de ADA Una queja debe ser presentada por escri- y copia enviada al reclamante no mds to contener informaci6n sobre la re- tarde de quince 15 dias calendario y p Estas reglas se interpretara para sunta violaci6n como el nombre, direc- despues de la investigaci6n. proteger los derechos sustantivos de ci6n,numero de telefono del reclamante las personas interesadas a cumplir con y 1a ubicaci6n,fecha y descripci6n de la las normas procesales adecuadas,y violaci6n. Medios alternativos de Si la respuesta del Coordinador de asegurar el Condado Mason cumple presentaci6n de denuncias,como una ADA no resuelve satisfactoriamen- con la ADA y reglamentos de aplica- entrevista personal,estardn disponibles to el problema, el demandante ci6n. para las personas con discapacidad a puede apelar la decisi6n dentro de petici6n. los quince 15 dias calendario despues de la recepci6n de la Una queja debe ser presentada tan pron- respuesta a la Junta de Comisiona- to como sea posible,pero no mas tarde dos del condado. La decisi6n final de treinta 30 dias calendario despues de se realizara por la Junta de Comi- la supuesta violaci6n. sionados del condado dentro de treinta 30 dias de calendario. Chapter 2.47 AMERICANS WITH DISABILITIES ACT ACCESSIBILITY FOR DEAF OR HEARING IMPAIRED. Sections: 2.47.010 Accessibility for deaf or hearing impaired 2.47.010 Accessibility for deaf or hearing impaired To connect by telephone with Mason County Government offices and departments, please utilized the Telecommunications Relay Service (TRS) by calling "7-1-1" or 1-800-833-6384. For detailed instruction on using, the TRS please use the following link: https://www.dshs.wa.qov/altsa/odhh/telecommunication-relay-services-trs-voice- feature To connect by email with Mason County Government offices and departments, please go to www.co.mason.wa.us and use the "E-mail Us" tab at the top of the page. Chapter 2.48 AMERICANS WITH DISABILITIES ACT SERVICE ANIMAL ACCOMMODATIONS Sections: 2.48.010 Creation and purpose of service animal policy 2.48.020 Scope 2.48.030 Definitions 2.48.040 General Policy 2.48.050 Types of service animals 2.48.060 Service animal etiquette 2.48.070 Requirements of service animals 2.48.080 When service animals can be asked to leave 2.48.090 Prohibited access for service animals 2.48.100 Reasonable accommodation process 2.48.110 Liability 2.48.120 Emergency Situations 2.48.130 Grievance 2.48.140 Misrepresentation of service animal 2.48.010 Creationgn--- purposes-af servic ar -polio To establish conditions WE he presenile of animals in Mason County facilities to protect the safef�of—=_e == e s, the Ful and county property, and to comply wit 11-11-1 ftp— cans t�G liss I e ActL__A) and Washington Law against Q��criminatior�-=- W��Q. To=clearly define varus type of service animals and provide guidelines for Mas6ff! ounty employes regWr ing the rights of citizens and fellow employees who have�service anirs. To set behavuraLg_u fines for service animals to protect Mason County citizens and staff from inja_--r�-r__-----and to prevent damage to public property while they participate in services and sponsored programs by Mason County within Mason County facilities. To prohibit pets (non-service animals) from being brought into most Mason County facilities. 2.48.020 Scope This policy applies to all elected officials, employees, volunteers and visitors of Mason County facilities, unless otherwise governed by statute, County ordinance or policy. This does not apply to animals at County facilities for official county purposes, such as a K9 under the control of a law enforcement officer, a courthouse dog approved by the court or animals under the direct supervision of Animal Services. For the purpose of this policy, "service animal" means an animal that is trained for the purposes of assisting or accommodatingpci- bled person's sensory, mental or physical disability. {RCW 49.60.04x@ 2.48.030 Definitions 1) Service Animal Per RCW 49.60.040(24), Any dog=arminiature horse, aseassed in RCW 49.60.214, that is individually trained- Lo workperform tafor the benefit of an individual with a disc 1Jty, includin�gqqa!p4pibal, sensory, ps _c=hiatric, intellectual, or other mend d=is�bility. The wor tasks performed by the service animal must be direrctj_�rref fe_d to the irrRyidual's disability. Examples of work or tasks include, but areM t Iirffl �a. assis rindividuals who are blind or have low v_i_son�ntia_navigatrUh_and of-Bert-sks, 'aping individuals who are deaf or hard-ofhearia the presen_ce=a=o�peor sounds, providing nonviolent protection or remscue wog ulling a wheelchair, assisting an individual during_a seizur6 fertir�-----_-clividuals falthe presence of allergens, retrieving ite Mme_= s meds-id-NEr fh T-p ae�----providing physical support and �istance uiflhtbalastaTiMpa individuals with mobility disabilities, and W��ing persons=thps atric and rfeurological disabilities by preventing or in�€upting impuisme=or degMictive behaviors. The crime deterrent effects of an animR�presence anathe prMrsion of emotional support, well-being, comfort, or companionship do noaonstitute work or tasks. Service animals may by trained to perform ager work�r�tasks may, of course, provide comfort as well. However, if comfort or up port is the sole role for an animal's presence, then there is no longe�egal requirement to provide accommodations. Emotional support animals, comfort animals, and therapy dogs are not service animals under Title II and Title III of the ADA. Other species of animals, whether wild or domestic, trained or untrained, are not considered service animals either. The work or tasks performed by a service animal must be directly related to the individual's disability. It does not matter if a person has a note from a doctor that states that the person has a disability and needs to have the animal for emotional support. A doctor's letter does not turn an animal into a service animal. Services include, but are not limited to, guiding individuals with impaired vision, alerting individuals who are hearing impaired to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair or fetching dropped items. Any animal meeting this definition for an individual with a disability is considered a service animal regardless of whether it is licensed or certified by a state or local government or a training program. If there are questions about whether an animal is a service animal, or for questions regard€ng_ disabilities, contact Risk Management for assistance. 2) Fully Socialized To be fully socialized means the anim-4111.011 not, excdfiftEtnder rare occasions, bark, yip, growl or make disruptiveoses; will have a gooemperament and disposition; will not show fear; willnofbe upset or agitateden it sees another animal; and will not be aggressive. Thb�ervicega al must bO_fully housebroken. —- =--- 3) Pet A pet is a domed- animal kepfor pleasure=or corn— ionship. Pets are not permitted in Nlen _unty facilties. 4) Handler A peLso _who is-aceom e-b_v a secvlce animal, but not being assisted or aMeo�mo =ate d by t-%Eanimal- 5) PaFttff A pais-on with a disability who-rs=assisted or accommodated by a service animal. 6) Facilities To include paks__btTIdfngs, parking lots, etc. 7) Disability Means the presence of a sensory, mental, or physical impairment as defined in RCW 49.60.040. 2.48.040 General Policy Mason County allows service animals to accompany persons with disabilities within Mason County facilities that are accessible to the public. Disabled employees may have service animals in the facilities in places where they would have normal access in the performance of their duties, provided the safety of the team, or other employees is not jeopardized. Employees must register their service animals with the Risk Management Department. When it is not obvious what service an animal provides, only limited inquiries are allowed per RCW 49.60.214. Staff may ask two questions. (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform. Staff cannot ask about the person's disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog d_eM—dnstrate its ability to perform the work or task. Pets are prohibited in Mason County facilities;exceas may be allowed by Mason County Parks per rules establish by the Parks�irector and/or Board. An elected official or department he d_=may grant permisstor=tfor a pet to be in a county facility for a specific reason 5F ecific time. (e.g. dlf t_dog used for a demonstration in an aggressive dog trarrrtng class A person may be asked to reane their animM the animal in question does not meet the definition of a servian-rtxta_L Inmate ADA Accemm-odations T=-servide_animals in-tF&Mason County Jail will follow the Mason- oa -Sheriff's 0.ffice-PoIrcy=aad Procedure. ADA Accommodations fdr0court purposes and for the Juvenile Detention Center will follow the Mama-mg District Court Policy and 2.48.0 hypes of servram-animal- 1) Guide='- g A card ) trained dd- hat serves as a travel tool for persons with severe visual impairmOn sir are blffiffl{RCW 70.84.020}. 2) Hearing Dog A dog who has been trained to alert a person with significant hearing loss or who is deaf when a sound, e.g., knock on the door, occurs. 3) Service Dog A service dog has been trained to assist a disabled person who has a mobility or health impairment. Types of tasks the dog may perform include carrying, fetching, opening doors, ringing doorbells, activating elevator buttons, steadying a person while walking, heling a person up after a fall, etc. Service dogs are sometimes called assistance dogs. 4) SSig Dog SSig dog is a "Social Signal" dog trained to assist a person with autism. The dog may alert the partner of distracting repetitive movements common among those with autism, allowing the person to stop the movement (e.g., hand flapping). Recognizing familiar persons in a crowd, steering around a mud puddle or responding to others' social signals are possibleI-oT-es for a SSig Dog. A person with autism may have problems with sensoryand need the same support services from a dog it might give to a perso-n -_--1�—o-�s blind or deaf. 5) Seizure Response Dog A dog trained to assist a person wfl =seizure disorder.-N_aw the dog serves the person depends on the person's needs,.The dog_may stand-rd over the person during a seizure or go for help: me sere response do_gs are able to predict seizures and warnithperson in ad_v 6) Miniature Horse =_ Miniature horsey iatt have be r individua 6Wained=to_do work or perform tasks for people vet =Vsa�rltf es. (Mini lre allyrange in height from 24 inches to 34 rhes me=cured to N-NOBJoulders a generally weigh between 70 and 100 pouMM)-.The r =ulations s7eN ur assessment factors in determining whetbel_miniatur�J_roo-s r�_b-e accOMMModated in the Mason County facilities. Tesnnt factors_are (1 =whthei`the miniature horse is housebroken; (2) =Tether the miature'h:ors_e is under=f��e owner's control; (3) whether the facility can_accommodg be miniature horse's type, size, and weight; and (4) whether the=ml�iature horse resenc will not compromise legitimate safety requira ants necessc-_---r_-- for safe operation of the facility. 2.48.060 Service antCnal et ette 1) Allow a service�nimal to accompany the partner at all times and everywhere on County facilities, except where strictly prohibited. 2) Do not pet a service animal without the permission of the partner/handler; petting a service animal when the animal is working distracts it from its d uties. 3) Do not feed a service animal. It may have specific dietary requirements. Unusual food or food at an unexpected time may cause the animal to become ill. 4) Do not deliberately startle a service animal or attempt to separate the partner/handler from them. 5) Employees who require a service animal must notify their supervisor and register the animal with the Risk Management Department. 6) Employee service animals are subject to the behavior standards required of a service animal belonging to a facility visitor. 2.48.070 Requirements of service animals 1) All animals need to be immunized against raf a and/or other diseases common to the type of animal. All vaccinalffing must be current. 2) The animal must wear a rabies vaccinafUn-tag 3) The animal must be appropriately ti_-ensed. 4) Service animals must wear an Qw-her identification-tq- hich includes the name and telephone number af-ff1e owner) at all timess 5) Animals need to be maintained ohy--ash, haEness or otll� pe of restraint in Mason County buildings and publi�ar__e.as Rowever, excepans are granted in an emergen_yitation when rf—animal needs to perform a task requiring it to travel beyersd-fh-�length of th9zestraint or when the partner/handler is unable rrestrai r n anima-flid–Me to a disability. 6) The partner--f U1er must b lin full cone-L=of the=°ar� mal at all times. The care and sup s on k�e servic nim-'al.-rs sofefM e responsibility of the partner ft.er. 7) The partndrMandlerssr_osponsibl02 or independently removing or arranging --r-,emovd-I"Id ser ice anima]l-R&waste. placing the waste in a closed container d disp_o_sing the-container in an outdoor trash bin. - _The partner/h=andlerneeds to ma--- that their animal is kept in good wealth and as can as p=o_ssible so as not to interfere with the work enazonment. Re kfar bath rrg and grooming may be necessary for flea and tick Mtrol. Animalsthat shed must be groomed to maintain a work environrr__rent that i11--air and fur free. 2.48.080 When servicd'r%- Is can be asked to leave 1) Disruption - The partner/handler of an animal that is unruly or disruptive (e.g. barking, running around and bringing attention to it) may be asked to remove the animal from Mason County facilities. The partner/handler may be prohibited from bringing the animal into Mason County facilities until significant steps to mitigate the behavior are taken, if the improper behavior happens repeatedly. Mitigation can include muzzling a barking animal or refresher training for both the animal and the partner/handler. 2) Health - Service animals who are ill are not allowed in public areas. A partner/handler with an ill animal may be asked to leave Mason County facilities. 3) Poor Hygiene/Unclean Animals - Partners/handlers with animals that are unclean may be asked to leave Mason County facilities. Partners/handlers are responsible to keep the service animal clean and well-groomed even during inclement weather seasons. An animal that becomes wet from walking in the rain or mud or from being splashed by a passing automobile, and is otherwise clean, should be considered a clean_�nimal. Animals that shed in the spring should be groomed to maintainrk environment that is hair free. 2.48.090 Prohibited access for service animal= 1) Mechanical Rooms/Custodial Cl-ed- MechanicaRoms, such as boiler rooms, facility equipment rooms, eldffipitric closets, elevator-Gor=rtrol rooms and custodial closets are off-limits to servfee-rdmachir �r c1 equipment and /or chemicals in these rooms maybe hffln I 2) Areas where Protectiv�ping is Neces -Any room where protective clothing is necessary is off=f"unifs=to=s-ervice arfi—ruals. Examples include, but are limited to chemical laboratona-IM; woodI_'.s--ltaps and=rn�tal/machine shops. 3) Areas where h�7q__-is Danger_to.the Se�iee=AnimZ_ Any room where there are sharp rl cutfirfc or other=haectS o;Cthe floor or protruding from a surface; whMr-there argot mateH@Wh the floor; where there is a high level of dust; or where eEe is rrav'Lng mach`eery is off-limits to service animals. 4) eptie == a) n---_�---___Eq fflMe t-A rnf a Mason County facility with moving equipmenmay grant permission to a team to enter the area. Admission for each tearrtwill be=granted or denied on a case-by-case basis. The final decision shall-remade sed on the nature of the machinery and in the bMWnterest of afety for the team. Example: The machinery in the shop maVVQ:-ve moving==parts at a height such that the tail of a large dog could easily b-gf-ca�g�t=in it; this is a valid reason for keeping large dogs out. However,MR ry small hearing dog may be shorter than any moving part and, therefore, be considered for admission. b) Case-by-Case -The Elected Official or Department Director may grant access to other designated off-limits areas on a case-by-case basis. 5) Approval for Exceptions -To be granted an exception, a visitor seeking admission for their animal to an off-limits area, should contact the Elected Official of the facility or the Support Services Director. An employee should submit a written request to the Elected Official and the Support Services Director. 2.48.100 Reasonable accommodation process When an individual with a disability makes an accommodation request, the County will consider it promptly and grant it when reasonable. 2.48.110 Liability Any property damage, destruction or personal property injuries caused by or as a result of a service animal will be the sole responsibility of the service animal's owner/partner/handler. Service animal owner/partners/handlers will hold harmless Mason County and its agents from any aad all claims, causes of actions, damage, cost, loss of service, expense-a =compensation whatsoever, growing out of consequence with their service==arnmal in or around Mason County facilities or County grounds. 2.48.120 Emergency Situations In the event of an emergency, Cou =staff should undersWn_d_that a service animal may become disoriented from-----.—l_---e crowd, sirens or w noise or from shaking and moving ground. The partne—r--�t_.---_----andlend/or anima _ be confused by the stressful situation. =Stafshould be av dbdlthat the animal is trying to be protective and, in its confusi=o:n;=iceLGI harmful=aff should make every effort to keep the animal with its partneHowec ff the sts_#first effort should be toward the partner; thisnecessitatleavingnnimal behind in certain emergency evacuation situations— = _ 2.48.130 Grievance —_ Any-partaer or erne e=e=dtisfied wi-the decision made concerning a s_eruJ€e IM _or ata[approved=an aerie-by-case basis should follow the meson CounfysDA TOM- ance Proedure process. 2.48.140-Mkepresentatior�f servimanimal A civiMGaction with M=maximum fine of$500 will be imposed to a person who represern hat an animal is a service animal when the person knew or should have knowd!W the Anaml al in question does not meet the statutory definition of a service animal—asIleflned in RCW 49.60.040. As defined in RCW 7.80.040, an enforcement officer-=may investigate and enforce this section by making an inquiry of the person accompanied by the animal in question and issuing a civil infraction. Refusal to answer the questions allowable shall create presumption that the animal is not a service animal and the enforcement officer may issue a civil infraction and require the person to remove the animal from the place of public accommodation. MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Chief Kevin Hanson Action Agenda _X Public Hearing Other DEPARTMENT: Jail EXT: COMMISSION MEETING DATE: 032619 Agenda Item # Commissioner staff to complete) BRIEFING DATE: 031819 BRIEFING PRESENTED BY: Chief Kevin Hanson [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Renewal of the County and City of Shelton Interlocal Agreement for use of Jail Facilities. BACKGROUND: This is a renewal of the 2018 expired prisoner housing contract between the Sheriff's Office/County and the City of Shelton. This contract is the final iteration after negotiations between the Sheriff's Office and the City of Shelton. RECOMMENDED ACTION: Approve interlocal agreement. BUDGET IMPACTS: Anticipated Revenue already considered for 2019 budget. ATTACHMENT(S): Shelton prisoner housing agreement C:\Users\mdrewry\Documents\GroupWise\BOCC agenda Summary Shelton prisoner housing agreement.doc INTERLOCAL AGREEMENT FOR USE OF JAIL FACILITIES This interlocal agreement is made and entered into by and between Mason County ("County"), a political subdivision of the State of Washington, and the City of Shelton ("City"), a Washington municipal corporation. RECITALS WHEREAS, Chapters 39.34 and 70.48 of the Revised Code of Washington authorize the County and the City to enter into a contract for jail services that specifies the responsibilities of each party; and WHEREAS, the City wishes to designate the County's jail as a place of confinement for the incarceration of one or more inmates lawfully committed to the City's custody; and WHEREAS, the County is amenable to accepting and keeping inmates received from the City in the County's custody at its jail for a rate of compensation mutually agreed to herein; and WHEREAS, the County and City have considered the anticipated costs of incarceration services and potential revenues to fund such services and determined it is in each of their best interests to enter into this Agreement as authorized and provided for by RCW 39.34.080, RCW 39.34.180, Chapter 70.48 RCW, and other Washington laws. NOW, THEREFORE, for and in consideration of the mutual covenants, conditions, and promises contained herein,the parties agree as follows: 1. PURPOSE It is the purpose and intent of this Agreement that the County, through the Mason County Sheriffs Office Corrections Division ("Sheriffs Office"), and the City, through its Police Department or City Administrator, shall cooperate for the care and custody of male and female jail prisoners pursuant to the authority of Chapters 39.34 and 70.48 RCW. This Agreement provides for the use by the City of the County's jail facilities and services at the County's jail located at the 411 North 4th Street, Shelton, Washington 98584 ("Jail"). 2. CONTROL OF JAIL The City acknowledges the County's statutory responsibility for, ownership of, and operational control over the Jail. The County shall administer, manage, maintain, and operate its facilities consistent with all applicable federal, state, and local laws, policies, procedures, rules, and regulations. The City hereby consents and agrees that inmates committed to the Jail by the City are subject to all rules and regulations applicable to County inmates incarcerated therein, including but not limited to all terms and conditions of this Agreement. It is further understood by the parties that the County shall be solely responsible for operational decisions regarding the appropriate level of security, inmate management, and housing of all inmates. The Sheriff will reasonably consult with the City's Police Chief regarding issues concerning City Inmates, as defined in Section 4. Page 1 of 18 3. AVAILABILITY OF JAIL FACILITIES AND SERVICES PROVIDED (a) At the request of the City and subject to the capacity provisions below, the County will accept and keep inmates and provide inmate services for gross misdemeanor or misdemeanor cases initiated by the City and felony cases referred to the County for those offenses alleged to have been committed by adults within the City. The County guarantees that a particular number of inmate beds, as specified in Appendix A, shall be available at the Jail for City Inmates each day, except as otherwise provided herein. In the event that the guaranteed number of beds is not available for the City's use, the City will not be billed the full amount of the guaranteed bed rate as specified in Appendix A but will instead be billed only for those beds at the Jail that are actively being used by City Inmates. Upon transfer of custody to the County as provided in Section 8, the County shall be responsible for confining, supervising, disciplining, and controlling the inmate and for administering the inmate's sentence pursuant to the order of the committing court. (b) Daily Report on Inmates. Each day, at the beginning of the Jail's first shift but no later than 10 a.m., the County shall provide the City with a report documenting, at minimum, the names of the City Inmates currently held in the Jail, the names of the City Inmates currently held in other facilities on behalf of the County, all active case numbers assigned to that inmate, referencing the reason for custody. The report shall be provided online or, if unavailable online,by fax to the Jail's Contract Administrator. (c) Cqpacity. The County will no longer accept City Inmates in the event that the Jail is declared at or near capacity by court order or in the event that the County, in its sole discretion, determines the Jail's inmate population is at capacity or so near capacity that there is a risk that the reasonable operational capacity limits of the Jail might be reached or exceeded if the County does not begin to refuse or request removal of inmates. Wherever possible, the County will provide a minimum of thirty (30) days' notice of possible reductions in capacity unless specific circumstances require more immediate action. i. Removal of Inmates from County custody. In the event that the County must request removal of inmates based upon capacity, the County shall confer with the City to determine which City Inmate(s) shall be removed. If the Jail has sufficient capacity for any City Inmate(s) to remain in the Jail, the City shall have the discretion to determine which City Inmates will remain in the Jail. (d) Alternative Housing. The County shall house City Inmates at the Jail, except as otherwise expressly provided by this Agreement. The County is permitted to relocate City Inmates to another jurisdiction's jail facility only (a) if the Jail does not have capacity, as described above; (b)in the event of a catastrophe, as described in Section 10; or (c) with the City's written permission. However, the County is not permitted to relocate an inmate when the order of the committing court requires that the inmate be incarcerated at the Jail, except in the event of a catastrophe. i. Costs. If City Inmates are relocated by the County to another jurisdiction's jail facility under this Agreement, the City will continue to pay applicable bed rate Page 2 of 18 costs to the County and the County will be responsible for all costs associated with housing those City Inmates at the other facility, including the costs of transporting those City Inmates to and from the other facility, except that expenses for non-routine health care shall be billed to and paid by the City as provided in Section 6(d). ii. Notice. In the event that the County intends to relocate a City Inmate to another jurisdiction's jail facility, the County must notify the City at least twenty-four (24) hours prior to relocation, providing the City with the option to resume custody of the City Inmate or to make its own arrangements with another jurisdiction rather than have the inmate relocated by the County. iii. Selection. In the event that the County intends to transport some but not all City Inmates to be incarcerated in another jurisdiction's jail facility,the City shall have the discretion to determine which City Inmates will remain in the Jail. (e) Release or Transfer. The County will not release a City Inmate or transfer custody of a City Imnate to an agency other than back to the City, except as authorized by this Agreement. i. City Inmates may be released from the Jail for the following reasons: 1. Request by City. The County shall release or transfer a City Inmate upon the County's receipt of a written request by the City. When requesting a custody transfer, the City may request return of a City Inmate in order for the City to resume custody or may request transfer of a City Inmate to the custody of another jurisdiction. Any necessary transport shall be by the City or another jurisdiction or by the County with expenses to be paid as provided in Section 7. 2. Court Order. The County shall release or transfer a City Inmate upon the County's receipt of an order directing the inmates release or transfer when the order is issued by a court having jurisdiction over a City Inmate. Any necessary transport will be according to the terms expressed in the court order or will be by the City or the County, with expenses to be paid as provided in Section 7. If the City's municipal court judge orders that a City Inmate's sentence is to be carried out in another facility or jurisdiction, the order shall be honored by the County to the extent possible, although the County may take into consideration whether another jurisdiction has charges outstanding against the inmate. 3. Permission from City. The County may release or transfer a City Inmate if the County obtains the City's written permission, with necessary transportation expenses to be paid by the County. ii. In the event that the County releases a City Inmate without written authorization from a court of competent jurisdiction or from the City, the City will not be responsible for paying any further booking fees for the individual on any arrest Page 3 of 18 warrant, detainer, probable cause affidavit, citation, other charging document, or judgment and sentence existing at the time of the unauthorized release. (f) Standards. The County shall provide inmate services to City Inmates in the same manner and to the same extent as the County furnishes for the confinement of its own gross misdemeanor or misdemeanor offenders. (g) Video In-Custody Hearings. The County shall continue to make available the Jail's facility space, equipment, and security personnel in order to facilitate in-custody video hearings by the Shelton Municipal Court for City Inmates incarcerated at the Jail. By no later than July 1, 2017, a City Inmate's attorney or City staff shall be present at the Jail to facilitate the administrative court functions of each hearing, unless otherwise agreed to by the County. The City will continue to provide video equipment for such purposes. The scheduling of video court services shall be mutually agreed upon by the County and the City. 4. INMATES DEFINED (a) "City Inmate" means those inmates charged in the City's municipal court; those inmates confined and being held by reason of a warrant, order, or judgment issued by the City's municipal court; those inmates arrested by a City law enforcement officer for a misdemeanor or gross misdemeanor offense while held prior to charging or to release without charges; those inmates who are originally arrested for a felony offense once they are referred to the City's prosecutor for filing in the City's municipal court as described below in Section 4(c); and those inmates put into an "exceptional bed" as defined in appendix A. (b) "County Inmate" means those inmates arrested by a County law enforcement officer while held prior to charging or to release without charges; those inmates charged in Mason County Superior Court or Mason County District Court; and those inmates confined by reason of a warrant, order, or judgment issued by Mason County Superior Court or Mason County District Court. (c) Determination of Case Status. The Mason County Prosecuting Attorney ("Prosecuting Attorney") shall have the sole authority to determine which felony arrest cases submitted by the City shall be charged as felonies and which as gross misdemeanors or misdemeanors. If the Prosecuting Attorney determines that a case should not be charged in Mason County Superior Court or Mason County District Court, the case shall be referred to the City's prosecutor for possible filing in municipal court with inmate services charged to the City. Following determination of case status by the Prosecuting Attorney, the City shall not be responsible, financially or otherwise, for any County Inmate. If the Prosecuting Attorney determines that a City case originally charged as a gross misdemeanor or misdemeanor in municipal court will be charged in Mason County Superior Court or Mason County District Court, then all inmate services will be charged to the County. Page 4 of 18 (d) When a material witnesses is held in the Jail, inmate days arising solely from a material witness warrant shall be allocated to the parry issuing the material witness warrant. 5. COMPENSATION FOR SERVICES (a) Compensation. The City shall pay the County for bed space and services, including booking services, at the rates established in Appendix A to this Agreement, which is incorporated herein by this reference. If the City uses less than the guaranteed inmate bed days in a calendar year and all guaranteed beds were available,there shall be no reduction or refund unless otherwise provided in this Agreement. However, in the event that all guaranteed beds are or were not available for the City's use, for example if the County no longer accepts City Inmates due to capacity issues or otherwise, the County shall reduce the amount of the City's guaranteed flat rate payment accordingly, using the equivalent daily rate for each bed that was unavailable. (b) Calculating Time. The time period for billing purposes shall be measured starting from the time the City Inmate is transferred to the custody of the County and ending either when an inmate is released or when the inmate is no longer considered a City Inmate. (c) Allocation. In the event that an inmate is held on charges or sentences from multiple jurisdictions and is not included in one of the guaranteed beds, the following procedure will apply to determine charges assessed to the City: i. Costs for persons incarcerated on a City charge or sentence who is also being held in custody on the County's or another jurisdiction's charge or sentence shall be the shared responsibility of all charging or sentencing jurisdictions. ii. For these shared inmates, the City shall be billed the proportionate percentage share of the additional bed rate and the non-routine health care expenses for the shared incarceration period, but such inmates shall not count against the City's number of guaranteed beds. Furthermore, the proportionate percentage share of costs depends on the number of jurisdictions that have charged or sentenced the inmate; for example, if an inmate is incarcerated on both a County sentence and a City sentence,the additional bed rate and non-routine health care expenses will be split equally between the County and the City. iii. The County will provide the City with notice by telephone or email when a shared inmate's status changes from a shared inmate to that of a City Inmate exclusively, for example when an inmate completes another jurisdiction's sentence but continues to be held by the County solely on a City charge or sentence. This notice will be provided at least two (2) business days prior to the change in status when practicable and otherwise within a reasonable time. iv. Nothing in this section prevents the City from releasing or furloughing its hold on an inmate under its court's jurisdiction. However, if the City voluntarily releases or furloughs an inmate and then reinitiates the hold on the same booking number during the same course of incarceration, the City shall pay the administrative Page 5 of 18 booking fee outlined in Appendix A, except that the City shall not pay the administrative booking fee for a reinitiated hold if the City released or furloughed the inmate in order to conform to the cap on the guaranteed number of beds or because there was insufficient space at the Jail. (d) Billing and Payment. By the fifteenth (15th) day of each month, the City shall pay the monthly equivalent of the flat rate fee identified in Appendix A for the seven (7) inmate beds guaranteed the prior month. The County shall transmit billings to the City quarterly, invoicing the City for all services, including the guaranteed flat rate, daily bed rates, booking fees, and any non-routine health care expenses not billed directly to the City. Within forty-five (45) days after receipt of a timely billing invoice, the City shall pay the full amount billed (reduced by the applicable monthly amounts previously paid toward the guaranteed flat rate) or withhold a portion thereof and provide the County written notice specifying the total amount withheld and the ground(s) for withholding such amount, together with payment of the remainder of the amount billed (if any amount remains). If the County does not provide timely billings and instead provides more than one bill during the same month,the City shall have additional time to respond,namely an added forty-five (45) days for each late billing; for example, if the County transmits two (2) bills during the same month, the City shall have ninety (90) days from the latest dated bill to respond to both bills. Account balances overdue thirty (30) days or more will be subject to a service charge of 1%per month(12%per annum). Should collection become necessary, the City will pay all collection costs associated with late payments. Withholding of any amount billed shall constitute a dispute, which shall be resolved in accordance with Section 19. i. Charges for services rendered shall be made as they accrue each quarter and shall be substantiated with documentation. In conjunction with each quarterly invoice, the County agrees to provide the City with quarterly reports providing a tally of the total inmate days used for the quarter and documenting the names of all City Inmates held in the Jail that quarter, the names of all City Inmates held in other facilities on behalf of the County that quarter, the number of inmate days attributed to each City Inmate, and all active case numbers assigned to each City Inmate, referencing the reason for custody._The County shall submit quarterly invoices to the City within 45 days after the last day of the quarter. Invoices received more than 45 days after the ending of the quarter will be treated the same as untimely billings under subsection 5(d), and the City shall have additional time to respond in accordance with that subsection. 6. HEALTH CARE AND ASSOCIATED COSTS (a) Health Care Services. Inmates shall receive medical, mental health, and dental treatment when medically necessary to safeguard their health while in custody as required by law. Upon transfer of custody of a City Inmate to the County, the County will provide or arrange for the City Inmate to receive necessary medical, mental health, and dental services in accordance with applicable law and Jail standards. Page 6 of 18 (b) Inmates' Abilit two Pay. As required by RCW 70.48.130(4), the County, as part of the screening process upon booking or preparation of a City Inmate into the Jail, shall identify general information concerning the inmate's ability to pay for health care, including insurance or other medical benefits or resources to which an inmate is eligible or entitled. The inmate shall be evaluated for Medicaid (or its equivalent) eligibility and, if deemed potentially eligible, enrolled in the program. This information shall be made available to the City and to any provider of health care services, among others. Nothing in this Agreement prohibits or otherwise restricts the City from conducting its own evaluation of a City Inmate's ability to pay for health care, including but not limited to Medicaid eligibility, or from enrolling City Inmates in appropriate programs. (c) Cost of Routine Health Care. As between the City and the County, the County shall be responsible for the costs of providing City Inmates with routine health care. Such health care will include those health care services routinely delivered within the facility at normal cost by County staff, contracted practitioners, or nursing staff. (d) Cost of Non-Routine Health Care. As between the City and the County, the City shall be responsible for the costs of providing City Inmates, and inmates confined as part of the guaranteed daily 7 beds, with emergency, exceptional, or non-routine necessary health care. Non-routine necessary health care shall include practitioner-ordered health care or medical services delivered to City Inmates outside of the facility, specialized care provided by non-contract health care providers in or out of the facility, emergency treatment, including EMS and the local hospital emergency department, and related emergency or specialized medical transportation costs. However, the County shall be responsible for the payment of non-routine health care costs when City Inmates are assaulted while in the County's custody. i. Notice. Except in situations deemed an emergency by the County, the County shall notify the City prior to a City Inmate receiving non-routine healthcare as defined in subsection 6(d) of this Agreement, and upon request will work with the City to investigate the possibility of release from custody. In emergency situations, the County shall notify the City, as soon as reasonably possible, when the County becomes aware that a City Inmate is in need of emergency care. ii. Change in Custody. When health care or medical services are delivered to a City Inmate outside of the facility, the County shall be responsible for the first four(4) hours of off-site custody. Following notice from the County,the City shall assume custody of the inmate at the start of the 5th hour. iii. Billing. The City shall be billed directly by the medical care provider(s) or institution(s) for all non-routine health care costs. However, if a circumstance arises where direct billing is prohibited by law or otherwise not possible, then those non-routine health care costs will be billed in the same manner and subject to the same requirements and rights as quarterly invoices for inmate housing provided in Section 5(g). When the County receives invoices from third-party medical institutions or offsite providers for services provided to any City Inmates, the County shall send those invoices to the City as they are received by the Page 7 of 18 County, including invoices received for non-routine health care expenses incurred for a shared inmate as described in Section 5(c). (e) Felony Offenders and Allocation. The City is obligated to pay for non-routine health care costs, as described above. In addition, the City shall be responsible for non-routine healthcare costs for inmates arrested and incarcerated by a City law enforcement officer on a felony offense, until that charge is filed in Superior Court. Health care costs for persons held under charges or sentences from multiple jurisdictions including the City shall be allocated as provided in Section 5(c). (f) Cost Reduction Efforts. The County agrees to utilize existing agreements with medical practitioners and organizations to mitigate medical costs, to make its best efforts to negotiate additional favorable agreements, and to seek out all eligible third-party reimbursement for medical costs (including health or auto insurance, DSHS/Medicaid, and/or the State of Washington), in the same manner and to the same extent as the County does for offenders held on its own charges. Specifically, regarding prescription medication, the County agrees to use the DOC Formulary, whenever possible, when it or its agents prescribes medication to City Inmates. 7. TRANSPORTATION OF CITY INMATES (a) In-Person Court Appearances. The City will provide transportation for City Inmates to and from the Mason County Jail for all in-person Municipal Court appearances on City charges. Consistent with Section 7(b), if the County is housing a City Inmate in an off- site location, the County will transport the inmate to the Mason County Jail pending pick- up by the City. The City will notify the County no later than 2 p.m. the day before a City Inmate has a scheduled court appearance, unless the City Inmate was incarcerated after 2 p.m. and is required to appear in court by the close of business the next day. (b) Alternative Housing. The County is responsible for transporting City Inmates to and from any alternative housing facilities the County uses to place City Inmates pursuant to Section 3(d). The City will not reimburse the County for any costs associated with such transportation. However, in the event that a City Inmate needs to be transported for an in- person court appearance and the City did not provide timely notice, the City will be responsible for the costs of transportation. If the County fails to timely transport a City Inmate from any alternative housing facilities, the County will reimburse the City for any staffing and fuel costs incurred in transporting the City Inmate. (c) Additional Transports. For additional transportation by the County required by court order or made at the City's request, the City shall reimburse the County for staffing and fuel costs associated with the City Inmate's transport. Such transports shall be approved by the City prior to the transport, and the County may agree to permit the City to provide partial staffing for the transport in order to reduce costs. In the event that the City requests release of a City Inmate to either the City or another jurisdiction, the inmate will be transported by the City or another jurisdiction or by the County at City expense, except that the County shall be responsible for first returning the inmate to the Jail if the inmate is being held in an alternative housing facility pursuant to Section 3(d). Page 8 of 18 8. TRANSFER OF CUSTODY FROM THE CITY TO THE COUNTY (a) Arrest Warrant or Citation. City law enforcement officers placing an arrested person in the custody of the County shall, in every instance, furnish an arrest warrant, probable cause affidavit, citation, or other charging document to the County's receiving officer on duty. (b) Commencement of Custody by County. A City Inmate shall be deemed transferred to the custody of the County when Corrections Officers from the Sheriff's Office take physical control of the inmate and accept lawful charging documents. (c) Right to Refuse an Inmate. The County shall have the right to refuse custody of a City Inmate under any one of the following circumstances: i. Lack of Appropriate Records. The County may refuse custody of an inmate until the City has delivered copies of any records pertaining to the inmate's incarceration by the City. If a City Inmate has received or refused medical, mental health, or dental treatment from the City before confinement in the Jail, the City shall provide to the County written verification of any authorization of or refusal to authorize care or treatment for such inmate. If the County requests additional information regarding records, the parties shall mutually cooperate to obtain such information. In the absence of documentation and information satisfactory to the County,the receiving officer may refuse to accept custody of the City Inmate. ii. Pending Medical Needs. The County shall have the right to refuse to accept any City Inmate who, at the time of presentation at the Jail for initial confinement, appears in need of medical, psychiatric, or dental attention, until the City has provided necessary medical,mental health, or dental treatment to the inmate. (d) Inmate Property. A City Inmate's property shall be limited to the amount that can be stored in a grocery sized paper bag. City law enforcement officers delivering a City Inmate to the County's custody shall be responsible for ensuring property allowed to be transported with the inmate is properly packaged. 9. INMATE RIGHTS AND PROGRAMS (a) Early Release Credit and Discipline. City Inmates confined under this Agreement shall earn early release credits under the policies and rules prescribed by the County and state law for all inmates at the Jail. The County shall maintain and manage City Inmate disciplinary issues and will administer sanctions as per facility rules. No discipline prohibited by federal or state law will be permitted. The disciplinary policies and rules of the Jail will apply equally to inmates confined pursuant to this Agreement and to those otherwise confined. If the County finds removal of earned early release credits is appropriate, the County will provide the City with hearing results and remove earned early release credits. Page 9of18 (b) Programs. The County shall provide City Inmates with access to all educational, recreational, and social service programs offered at the Jail under the terms and conditions applicable to all other inmates in the Jail. 10. UNUSUAL CIRCUMSTANCES In the event of one of the following circumstances, the City's Police Chief or an on-duty Shelton Police Department Supervisor shall be promptly notified by telephone with a follow-up notification in writing. (a) Escape. In the event of a City Inmate's escape from the County's custody, the County will have the primary authority to direct the investigation and to pursue the inmate within its jurisdiction. Costs related to the investigation and pursuit within its jurisdiction will be the responsibility of the County. The County will not be required to pursue and return an escaped City Inmate from outside the County, except if the County relocates an inmate to another jurisdiction's facility outside of the County, then the County must ensure the other jurisdiction investigates and pursues the escaped inmate. (b) Death. In the event of a City Inmate's death in the Jail, the Sheriffs Office and the Mason County Coroner will investigate the circumstances. In the event of a City Inmate's death in another jurisdiction's facility following relocation by the County, the County must ensure the other jurisdiction investigates the circumstances. The City may, if it wishes, join in the investigation and receive copies of all records and documents in connection with the investigation. The County shall, subject to the authority of the Mason County Coroner, follow the written instructions of the City regarding the disposition of the body. Such written instructions shall be provided within three (3) working days of the City's receipt of the notice of death. The City shall be responsible for expenses related to necessary preparation of the body and transport charges. With written consent from the City,the County may arrange burial and matters related or incidental thereto, and the City shall pay such expenses. This paragraph deals with relations between the parties of this Agreement and is not intended to relieve any relative or other person from responsibility for the disposition of the deceased or associated expenses. (c) Catastrophe. In the event of any catastrophic condition presenting, in the sole discretion of the County, an imminent danger to the safety of the inmate(s), the County shall exercise all reasonable care for the safekeeping and custody of such inmates(s) and shall notify the City of the whereabouts of City Inmates in the event relocation was required. 11. CITY ACCESS TO FACILITY AND INMATES (a) Access to Facility. City personnel shall have the right to inspect, at mutually agreeable times, the Jail in order to confuln the Jail maintains standards acceptable to the City and City Inmates are treated appropriately. (b) Access to Inmates. City personnel, including law enforcement officers, prosecutors, and others, and criminal defense attorneys shall have the right to interview inmates at reasonable times within the Jail, subject only to necessary security rules. City personnel Page 10 of 18 and criminal defense attorneys shall be afforded use of Jail interview rooms in equal priority with any other department, including the County. 12. RECORD KEEPING (a) Type and Form of Records. The County agrees to maintain a system of record keeping relative to the booking and confinement of each City Inmate consistent with the record keeping by the County for all other inmates and in accordance with all statutory requirements. The County shall keep records of all medical, mental health, or dental services it or its agents provides to an inmate. Upon resumption of custody by the City, and in accordance with applicable law, the City shall receive a copy of a City Inmate's medical, mental health, or dental records held by the County or the contract medical provider for the County. (b) City Access to Records. The County shall make copies of records available to the City within five (5) days of the City's request or as otherwise agreed. In the event that a release of records is expressly prohibited by applicable law concerning the confidentiality of medical records (including the federal Health Insurance Portability and Accountability Act, "HIPAA"), the County agrees that it will enter into a business associate agreement under the HIPAA as necessary to implement the intent of this Agreement. 13. INDEMNIFICATION (a) Indemnification of City. The County shall indemnify and hold harmless the City, its officers, agents, and employees from and against all claims, actions, suits, liability, losses, costs, expenses, and damages of any nature whatsoever, including but not limited to costs and reasonable attorney's fees, by reason of or arising out of any intentional or negligent act or omission of the County, its officers, agents, or employees. (b) Indemnification of County. The City shall indemnify and hold harmless the County, its officers, agents, and employees from and against all claims, actions, suits, liability, losses, costs, expenses, and damages of any nature whatsoever, including but not limited to costs and reasonable attorney's fees, by reason of or arising out of any intentional or negligent act or omission of the City, its officers, agents, or employees. (c) Joint Liability. To the extent that any claims, damages, losses, and expenses are caused by the concurrent negligence or intentional acts of either of the parties, its officers, agents, or employees, the other party's indemnification obligation hereunder shall be limited to that party's proportionate share of liability as determined by a court of competent jurisdiction or as agreed to by the parties to this Agreement. 14.LEGAL STATUS (a) No Separate Legal Entity_. This Agreement is executed in accordance with the authority of Chapter 39.34 RCW. It is not the intention of the parties to create a new or separate legal entity by this Agreement. This Agreement does not establish or create a joint Page 11 of 18 venture or partnership between the parties, and no party shall be responsible for the liabilities and debts of the other party. (b) Independent Contractor. In providing services to the City under this Agreement, the County is an independent contractor and County officers, agents, and employees are not employees of the City for any purpose, including responsibility for any federal or state tax, industrial insurance, or Social Security liability. No provision of services under this Agreement shall give rise to any claim of career service or civil service right that may accrue to a City employee under any applicable law,rule, or regulation. 15. INSURANCE (a) Insurance Requirement. Each party shall obtain and maintain liability coverage in minimum liability limits of Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the aggregate for its conduct creating liability exposures related to confinement of inmates, including general liability, errors and omissions, auto liability, and police professional liability. The insurance policy or policies shall provide coverage for those events that occur during the term of the policy, despite when the claim is made. (b) Certificate of Insurance/Proof of Coverage. Each party to this Agreement agrees to provide the other with evidence of insurance coverage in the form of a certificate or its equivalent from a solvent insurance provider confirming coverage from a solvent insurance pool that is sufficient to address the insurance obligations set forth above. 16.EFFECTIVE DATE AND DURATION (a) Effective Date. This Agreement shall be effective when both parties have duly executed this Agreement. Prior to its entry into force,this Agreement must be filed with the Mason County Auditor or, alternatively, listed by subject on the County's or the City's website or other electronically retrievable public source. Once this Agreement becomes effective, it shall replace and supersede any and all previous agreements between the parties regarding use of the Jail. (b) Duration. This Agreement shall continue through December 31, 2019, unless terminated earlier in accordance with the provisions of this Agreement. At the end of the term, if neither party gives notice of termination,this Agreement shall automatically renew in one (1) year increments from January 1 through December 31. Nothing in this Agreement shall be construed to make it necessary for the City to continuously house inmates with the County. 17. TERMINATION Page 12 of 18 (a) Notice. Termination of this Agreement by either parry may be accomplished on ninety (90) days' written notice to the other party and to the Washington State Office of Financial Management as required by RCW 70.48.090 stating the grounds for said termination and specifying plans for accommodating the affected prisoners. (b) Termination by County. In the event of a notice of termination from the County, it shall be the County's obligation to transport the City Inmates at its own expense, on the effective date of such termination. Until such removal, the parties shall retain all rights hereunder, notwithstanding such termination, until all City Inmates are removed or released from the County's custody. (c) Termination by Ci1y. In the event of a notice of termination from the City, it shall be the City's obligation to transport the City Inmates at its own expense, on or before the effective date of such termination. Until such removal, the City shall pay the daily rate compensation and costs set forth herein related to inmate housing and services, plus an additional five dollars ($5.00) per inmate for every 24-hour period or part thereof that a City Inmate remains in the Jail; and the parties shall retain all rights hereunder, notwithstanding such termination, until all City Inmates are removed from the Jail. (d) Effect on Guaranteed Flat Rate Payments. Effective upon termination, the City shall no longer be responsible for paying any subsequent monthly installments of the guaranteed flat rate remaining in the year. For example, notice provided on July 1 to terminate as of October 1 would mean that the City has zero (0) beds reserved beginning October 1 and is, therefore, relieved from making any flat rate payment for any bed days in October, November, or December. 18. SEVERABILITY,SURVIVAL,AND NON-WAIVER (a) Severability. In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid by a court of competent jurisdiction, such invalidity shall not affect other terms, conditions, or applications of this Agreement which can be given effect without the invalid term, condition or application. To this extent and purpose the terms and conditions of this Agreement are declared severable. (b) Survival. The provisions of Sections 13, 18, 19, and 20 shall survive the termination of this Agreement. (c) Non-Waiver. No waiver of any right under this Agreement shall be effective unless made in writing by an authorized representative of the party to be bound thereby. Failure to insist upon full performance on any occasion shall not constitute consent to or waiver of any continuation of nonperformance or any later nonperformance; nor does payment of a billing or continued performance after notice of a deficiency in performance constitute acquiescence thereto. 19. GOVERNING LAW,DISPUTE RESOLUTION,AND VENUE Page 13 of 18 (a) Governing. The parties hereto agree that, except where expressly provided otherwise, the laws and administrative rules and regulations of the State of Washington shall govern in matters relating to this Agreement and an inmate's confinement under this Agreement. (b) Dispute Resolution. Either party may notify the other'in writing of a dispute involving the interpretation or execution of the Agreement. Within thirty (30) days of this notice, the parties shall meet to resolve the dispute. If the dispute is not resolved, then at the request of either party, it shall be referred to non-binding mediation. The mediator will be selected in the following manner: The City shall propose a mediator and the County shall propose a mediator; in the event the mediators are not the same person, the two proposed mediators shall select a third mediator who shall mediate the dispute. Alternatively, the parties may agree to select a mediator through a mediation service mutually acceptable to both parties. The parties shall share equally in the costs charged by the mediator(s) or mediation service. If mediation is not successful in resolving the dispute, either party may seek court action. (c) Waiver of Arbitration Rights. Both parties acknowledge and agree that they are familiar with the provisions of RCW 39.34.180(3) and that of their own free will they hereby expressly waive any and all right to arbitrate the level of compensation for incarceration services charged under this Agreement, or any renewal thereof, that either party may possess under RCW 39.34.180(3). Instead, such issues shall be resolved as disputes in accordance with Section 19(b). The parties further agree that such level of compensation and all other issues related to the purpose of this Agreement will only be as agreed to herein or as otherwise agreed to in a writing executed by the parties or ordered by a court of competent jurisdiction. (d) Venue. The parties agree that any action relating to this agreement shall be instituted in accordance with RCW 36.01.050 and Chapter 4.12 RCW. 20.NO THIRD-PARTY BENEFICIARIES This Agreement is not intended to benefit any person, entity, or municipality not a party to this Agreement, and no other person, entity, or municipality shall be entitled to be treated as a beneficiary of this Agreement. This Agreement is not intended to nor does it create any third- party beneficiary or other rights in any third person or party. 21.NON-DISCRIMINATION POLICY The County and the City agree not to discriminate in the performance of this Agreement because of race; color; national origin; sex; sexual orientation; age; religion; creed; marital status; disabled or Vietnam-era veteran status; the presence of any physical, mental, sensory handicap; or any other status protected by law. 22. MAILING AND CONTACT ADDRESSES Page 14 of 18 All written notices, reports, and correspondence required or allowed by this Agreement shall be sent to the following: County: Mason County Jail Attn: Chief Deputy of Corrections P.O. Box 1037 411 North 4t' Street Shelton, Washington 98584 Facsimile: (360)427-9197 Telephone Number: (360)427-9670 Ext. 369 City: City of Shelton Attn: Court Administrator/Jail Contract Administrator 525 West Cota Street Shelton, Washington 98584 Telephone Number: (360) 432-5149 BOARD OF COMMISSIONERS Approved as to Form and Content: MASON COUNTY,WASHINGTON DATE: Casey Salisbury, Sheriff Mason County Sheriff's Office Kevin Shutty, Chair Tim Whitehead, Chief Deputy Prosecuting Attorney Sharon Trask, Vice Chair Randy Neatherlin, Commissioner Attest: Melissa Drewry, Clerk of the Board Page 15 of 18 CITY OF SHELTON,WASHINGTON Attest: DATE: Donna Nault, City Clerk Jeff Niten, City Manager Approved as to Form and Content: City Attorney Page 16 of 18 Appendix A Costs and Fees 1. Guaranteed Beds In return for the County's housing of a guaranteed seven inmate beds per day per year(2555 inmate bed days), the City shall pay the County a flat rate fee of$260,610 per year(the equivalent of approximately 21,717.50 per month)billed quarterly in the amount of $65,152.50,which is equivalent to the rate of$102.00 per bed/per day. 2. Additional Beds In Addition to the seven (7) guaranteed inmate bed per day, the County may agree to house additional City Inmates on a given day, so long as there are adequate beds available in the Jail. However, if the City uses more than 2,555 inmate bed days in a given year, the County will bill each additional inmate bed day at the jail rate of$102.00 per bed/per day. 3. Exceptional Bookings In the event there are available beds per this contract, and an arrest is made by a Shelton Police Officer for an offense that is not a misdemeanor or municipal court warrant, such as: fresh felony arrest, warrant arrest from any agency or court outside of Shelton Municipal, or other lawful arrests that are deemed a risk to public safety, the Shelton Police Officer may book the subject in the Mason County jail using the available bed space. This shall only apply to two (2) of the seven (7) contracted beds. The arrest and subsequent booking must have prior approval from the Chief of Police or his designee. All other terms of the Original IGA shall apply to these"exceptional"bookings. 4. High Needs Inmates "High needs inmates" means those who require extra staffing to adequately and safely supervise either because they present a danger to staff or other inmates or because of significant medical or mental health concerns. Upon an inmate being designated as high needs, the jail staff shall make notification to Municipal Court. City Inmates classified as "high needs inmates" shall be limited to two (2) and counted in the City's guaranteed daily allotment of 7 beds. These high needs inmates will be billed at an additional daily rate of $48.00 totaling, $150.00 per bed/per day. The additional daily rate shall be billed on a quarterly basis. 5. Booking Fees The City agrees to pay the County forty dollars ($40.00) for each administrative booking. If an offender is being booked on charges from multiple local jurisdictions,the booking fee will be split evenly between those jurisdictions to the extent possible. The booking fee is intended to compensate the County for the costs of registering, fingerprinting, photographing, and initial screening and examining of persons presented for confinement. Administrative bookings are those which are temporary in nature, where the inmate does not get housed in Page 17 of 18 general population within the facility, and does not occupy one of the 7 contract beds. The administrative booking fee shall only apply to administrative bookings as defined herein. Page 18 of 18 NEWS RELEASE March 26, 2019 MASON COUNTY COMMISSIONERS 411 NORTH 5T" ST SHELTON, WA 98584 360) 427-9670 EXT. 419 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: Mason County Parks and Trails Advisory Board Opening The Board of Mason County Commissioners is seeking applications from community members who are interested in serving on the Mason County Parks and Trails Advisory Board. The Mason County Parks and Trails Advisory Board provides recommendations to the Board of Commissioners regarding the planning, acquisition and development of parks, trails and related programs in Mason County. The Parks and Trails Advisory Board is a seven member board appointed by the Mason County Commissioners. Ideally there would be two positions from each Commissioner District and one at- large position. Currently there is a need for board members from Commissioner Districts 1 and 2. If the vacancies cannot be filled with members from the respective districts as desired, at- large members residing anywhere in Mason County can be substituted. The intent is to provide equal geographic representation from throughout Mason County if possible. If you have an interest in parks, trails, or other outdoor recreational opportunities and would like to make a difference in your community you are encouraged to apply. The Mason County Parks and Trails Advisory Board meets the fourth Thursday of each month at 5: 15 PM. Interested citizens may obtain an application at the Mason County Commissioners' Office, 411 North 5th Street, Shelton, or by calling Shelton 360- 427- 9670, ext. 380; Belfair 360- 275-4467, ext. 380; Elma 360-482- 5269, ext. 380 or visit the Mason County website at www.co.mason.wa.us. Applications will be accepted until positions are filled. BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Randy Neatherlin Sharon Trask Chair Commissioner Commissioner MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Kelly Bergh Action Agenda Public Hearing X Other DEPARTMENT: Support Services EXT: 644 DATE: 3/26/2019 Agenda Item # Commissioner staff to complete) BRIEFING DATE: 2/25/2019 BRIEFING PRESENTED BY: Jennifer Beierle [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: Public Hearing to inform citizens of the availability of funds and eligible uses of the 2019 Public Services Community Development Block Grant (PS-CDBG) and receive comments on proposed activities specifically funding the Community Action Council of Lewis, Mason & Thurston Counties (CAC) as well as receiving comments on the 2018 program. Background: Mason County coordinates with the CAC on an annual basis to apply for, receive and provide services through a PS-CDBG administered by the Washington State Department of Commerce (DOC). In 2018, as with subsequent years the funding, usually around $100,000, was used to provide service referrals for a minimum of 6,000 individuals in Mason and Lewis counties of which a minimum of 3060 must meet HUD's 51% income qualification and provide direct services and referrals for a minimum of 300 child victims. This year's allotment is $105,732, of which $3,500 will be used to off-set a portion of our administration costs. This Hearing will solicit public input on the proposed activities and services to be provided as well as comments on current programming. Recommended Action: Make a motion to approve the submission of the CDBG application, sign the resolution authorizing the submission and certifying the County's compliance with CDBG requirements and authorizing Frank Pinter, Support Services Director to act as the Chief Administration Official for the CDBG program. Attachment(s): Application Resolution Program Hand-outs C.•I Users I kbergh I Documents I GroupWise 1 BOCC Agenda Item Summary-CDBG Requirements- Hearing.doc CITIZEN PARTICIPATION Public participation is a CDBG requirement. This guide includes detailed information on how to meet the federal requirements. Sample -ITITITITIT notices and handouts are included. Review ALL the materials with the staff person responsible for public hearings and establish a timeline for romnletion_ You r_an't start on this To apply for CDBG funds, a jurisdiction must show it has involved its citizens in the CDBG application process and complied with the specific federal citizen participation requirements outlined in 24 CFR 570.486. The purpose of these activities is to inform residents and decision-makers of the availability of CDBG funds and to provide an opportunity for community members to present potential projects and offer input on proposed projects. HELPFUL HINT. Plan for the required initial public hearing NOW! Decide the hearing date and then work backward to determine when and how the public announcement must be published to allow sufficient notice time and outreach. If a jurisdiction intends to apply for more than one type of CDBG grant during the same year, it is advisable to contact the CDBG office to discuss how to coordinate these citizen participation and public hearing requirements. THE MINIMUM CITIZEN PARTICIPATION STEPS 1. Assess Demographics. Review local demographic data to determine if it is reasonable to expect a significant number of non-English speaking residents to participate in the public hearing. Advertise and conduct the public hearing in accordance with this assessment. 2. Develop and Publish Notice. Publish an official announcement of the hearing, providing reasonable advance notice. A sample public hearing notice with required language is provided on page 48. 3. Conduct Hearing. Conduct at least one public hearing prior to submission of the CDBG application. This hearing must be held at a convenient time and location to encourage citizen participation. At the hearing, distribute the CDBG handouts on the availability and eligible uses of CDBG funds, and the CDBG citizen participation regulations at the public hearing. CDBG public hearing handout in English is provided in this guide. The Spanish version is available on the CDBG website under Guidance. 4. Adopt Grievance Procedure. Adopt a grievance procedure for the use of CDBG funds. The grievance procedure must provide citizens the address, phone number, and times for submitting complaints and grievances, and provide timely written answers to written complaints and grievances, within 15 working days where practicable. A sample grievance procedure is provided on the CDBG website under Guidance. 5. Document Citizen Participation. Complete and submit the Citizen Participation Documentation form with all necessary public hearing documentation as part of your CDBG application. Along with the Citizen Participation Documentation form, submit a copy of the hearing announcement, an affidavit of publication, documentation of outreach to non-English speaking residence (if applicable) and a copy of the public hearing minutes. If the official minutes are not available by the application due date, instead include a statement from the clerk indicating when the minutes will become available and send the minutes as soon as possible. CITIZEN PARTICIPATION REQUIREMENTS INFORMATION A. What is a Public Hearing? A public hearing is a meeting of a governmental body during which the public is invited to the council or board of county commissioners, who will primarily listen and receive public input. The comments received go into the public record. A public hearing may be held as part of a regularly scheduled public meeting, but do not assume a regular council or board meeting automatically meets the public hearing requirement. B. Meeting the Needs of Non-English Speaking Residents The federal citizen participation regulations state that "public hearings shall be conducted in a manner to meet the needs of non-English speaking residents where a significant number of non-English speaking residents can reasonably be expected to participate." The applicant jurisdiction must review local demographic data and consider the potential impacts of the proposed project to determine the appropriate outreach steps and accommodations to meet the needs of non-English speaking residents. If the result is over 10% for any single language, then additional outreach and additional accommodations are necessary as described in the Citizen Participation Documentation form and sample Public Hearing Notice to encourage participation from non-English speaking residents. Of the 17 counties proposed to receive a 2019 CDBG Public Services Grant, only the following counties show over 10% of the population speaks English "less than very well". This information is based on "Origins and Language",Table Number DP02 "Selected Social Characteristics in the US 2013-2017 American Community Survey 5-Year Estimates", "Language Spoken at Home" section. Data on the number and percent of non-English speaking residents in a jurisdiction can be found on the US Census website at http://factfinder2.census.gov County Language Percentage Grant County Spanish 17.3% Yakima County Spanish 16% C. Public Hearing Notice When must the advance notice be made? A legal notice is generally published at least two weeks before the hearing date. The notice must meet the local public hearing notice requirements. Where must the notice be made? —The hearing must be well advertised, generally in the official local paper. If it meets the local notice requirements, the hearing notice can be on an official on- line source. In addition, public notice can be made using community bulletin boards, local newsletters, billing statements, newspaper articles or door-or-door distribution. Residents within those areas in which CDBG funds are proposed to be used, especially the low- and moderate- income persons, should be encouraged to attend or provide comment. What must the notice say? —A sample notice is provided in this guide. D. Public Hearing Logistics What must the CDBG hearing cover?—The purpose of the hearing is to obtain citizens' views and respond to proposals and questions. The hearing must cover community development and housing needs as well as the availability of CDBG funds. This purpose is supported by distributing the required CDBG handouts. Distributing additional materials describing the proposed project(s) is advisable. Spanish versions of the handouts is provided on the CDBG website under Guidance. Who must conduct the hearing?—The applicant county must conduct the hearing. Although some applications are developed by potential subrecipients such as community organizations or special districts, these organizations cannot conduct the hearing and have it meet CDBG requirements. When must the hearing be held? — Prior to submission of the CDBG application and within 18 months of the application submittal date. Where must the hearing be held? —The hearing location must be accessible to persons of disability. The location must also be convenient for persons likely impacted by the proposed project. This is particularly relevant for a county proposing a project in a community that is far from the county seat. NOTE: If funded, an additional public hearing will be required towards the end of the project to review and receive comments on the project's performance. This final public hearing should be included in your proposal's Work Plan and can be conducted at the same time as the new public hearing (see item #5 of the sample public hearing notice). Also if funded, a public hearing would be required if activities are proposed to be added, deleted or substantially changed from the original proposal. E. Grievance Procedure What must the procedure do?—The grievance procedure must provide citizens the address, phone number, and times for submitting complaints and grievances, and provide timely written answers to written complaints and grievances, within 15 working days where practicable. An existing Grievance Procedure may be submitted with the application. A sample grievance procedure is provided in this guide. Local Government Division Department of Commerce Community Development xs Block Grant Strengthening rurol communitiesthrough projelct__17_ benefitthot 1 I I moderote-income persons GENERAL PURPOSE GRANTS $10,000,000 Q OUR CORE PURPOSE For planning or construction of public infrastructure, community Grow and improve jobs in Washington facilities, affordable housing, and economic development projects. State by championing thriving communities, a prosperous economy, Competitive. Maximum grant up to $750,000 based on project type. and suitable infrastructure. Application materials available in March and due in June. Q PROGRAM CONTACT ECONOMIC OPPORTUNITY GRANTS $300,000 Kaaren Roe For state and local priority projects resulting in economic resilience Section Manager and development in rural communities through grant or grant-to- Local Government Division loan assistance. 360.725.3018 kaaren.roe@commerce.wa.gov Competitive. Applications accepted throughout the year on a fund available basis. Q ELIGIBILITY GUIDELINES: HOUSING ENHANCEMENT GRANTS $200,000 Eligible applicants are Washington State cities/towns with less than 50,000 in For off-site infrastructure or the community facility component of a population and not participating in a CDBG state Housing Trust Fund project. entitlement urban county consortium;and Competitive. Maximum grant is generally$200,000. Initial CDBG counties with less than 200,000 in Housing Enhancement Grant application forms are submitted with a population. Eligible cities/towns and counties are listed on the CDBG website. HTF Stage 2 application. PUBLIC SERVICES GRANTS $1,500,000 Special purpose districts, public housing For 17 counties and community action agencies to fund new or authorities,community action agencies, expanded services for lower income persons. economic development councils,other non-profit organizations,and Indian tribes Allocated by formula based on population and poverty. Application are not eligible to apply directly to the materials available February and due in April. state CDBG Program for funding, but may be a partner in projects and subrecipient HUD NATIONAL OBJECTIVES of funding with an eligible city/town or CDBG project activities must meet one of three HUD National Objectives: county applicant. ■ Principally benefits low-and moderate-income(LMI) persons • Aids in the prevention or elimination of slums or blight 1011 Plum Street SE,Olympia,WA 98504 ■ Addresses imminent threat to public health or safety http://www.commerce.wa.gov/cdbg Funding is contingent on approval of the state's 2019 Action Plan and CDBG allocation by the US Department of Housing 8 Urban Development. 11/02/18 3/18/2019 Print/Preview Department of Commerce Powered byZoomGrantsr" Washington State Dept. of Commerce 2019 CDBG Public Services Grant Application 4/5/2019 deadline Mason County Mason County Jump to:Applicant Feedback Citizen Participation and Title VI certification Project Budget and Leveraged Funds Project Summary and Description Documents USD$ 105,732.00 Requested Mason County, 411 N 5th Street Telephone360 427-9670 Shelton,WA 98584 Fax 360 427-8437 Project Contact Web www.co.mason.wa.us Kelly Bergh Director of Support Services kbergh@co.mason.wa.us Frank Pinter Tel: 360 427-9670 ext 644 fpinter@co.mason.wa.us Additional Contacts none entered Applicant Feedback top 1.Jurisdiction Name (Not required but appreciated) Mason County 2.The application instructions were clear. 1: Strongly Disagree 2: Disagree 3: Neither Agree Nor Disagree ✓ 4:Agree 5: Strongly Agree 3.The application questions were easily understood. 1: Strongly Disagree 2: Disagree 3: Neither Agree Nor Disagree ✓ 4:Agree 5: Strongly Agree https:/Izoomgrants.com/printprop.asp?rfpidu=0084EB86BEED4059929311B4C7923171&propidu=C2C7A69ED61F4C84A09D48D194B55752&print=R 1/9 3/18/2019 Print/Preview 4. 1 was able to receive the assistance I needed from Commerce to complete the application. 1: Strongly Disagree 2: Disagree 3: Neither Agree Nor Disagree ✓ 4:Agree 5: Strongly Agree 5. 1 had adequate time to prepare the application prior to the deadline. 1: Strongly Disagree 2: Disagree 3: Neither Agree Nor Disagree ✓ 4: Agree 5: Strongly Agree 6. Given program requirements,the application process was reasonable. 1: Strongly Disagree 2: Disagree 3: Neither Agree Nor Disagree ✓ 4: Agree 5: Strongly Agree 7. Comments: (we appreciate your feedback) -no answer- Citizen Participation and Title VI certification top. *****CITIZEN PARTICIPATION DOCUMENTATION ****** Assessment 1. Using current census data for the local government, locate the percentage of population that speaks English less than "very well". If it is more than 10%, it is reasonable to expect they could be interested in the public hearing, If the beneficiaries of the proposed project will be largely non-English speaking residents then it is reasonable to expect non-English speaking residents could be interested in the public hearing, so check Yes. Otherwise, click No. Yes:There is a significant number of non-English speaking residents in the community to require additional outreach steps for the public hearing. ✓ No Notice Development https://zoomgrants.com/printprop.asp?rfpidu=0084EB86BEED4059929311B4C7923171&propidu=C2C7A69ED61F4C84A09D48D194B55752&print=R 2/9 3/18/2019 Print/Preview 2. 1 used the following Public Notice format: A CDBG sample notice is provided under the 'Instructions"hyperlink above. ✓ I used the CDBG sample notice provided with this application I received CDBG approval to use a notice with other wording that the CDBG sample. I used another format- explain: 3.The public hearing notice states the hearing room is handicap accessible and accommodations for persons with special needs will be made upon request. ./ Yes No 4. Because I answered YES in ASSESSMENT step above,the notice states an interpreter will be available(even without advance request). Yes No ✓ N/A Advertisement S. List public hearing notice date(s): 3/9 1st public hearing notice publication date C 3/14/19]2nd public hearing notice publication date 0 00 TOTAL 6.The notice was advertised at least once,two weeks before the hearing date. ✓ Yes No 7.The notice meets local public hearing notification requirements. ✓ Yes No 8. Because I answered YES under the ASSESSMENT step above,the notice was advertised in the alternate language using at least one of the following methods: 1. Published in a newspaper or official on-line source. 2.Announced on radio or television station. J 3. Posted at location(s)frequented by non-English speaking residents. ✓ 4. N/A-the Assessment was NO. 9. If you included [item 3] as part of your answer to the previous question please list the locations where the notice was posted. Enter N/A if this does not apply. Mason County website Library https://zoomgrants.com/printprop.asp?rfpidu=0084EB86BEED4059929311 B4C7923171&propidu=C2C7A69ED61 F4C84A09D48D194B55752&print=R 3/9 3/18/2019 Print/Preview 10. Residents, especially LMI residents, of the areas in which CDBG funds are proposed to be used were encouraged to participate and provide input. ✓ Yes No 11. Provide the date of your Public Hearing: 3/26/19 Public Hearing date 0.00 TOTAL Conducting the Public Hearing 12.The public hearing was held within 18 months of the date the CDBG application was submitted. ✓ Yes No 13.The public hearing was conducted by the applicant local government. ✓ Yes No 14. Minutes of the public hearing were taken. ✓ Yes No 15. Both of the following required CDBG handouts were distributed at the public hearing: CDBG Fact Sheet and Federal Citizen Participation Requirements. Both documents are available in the Library. They are also available for download from the CDBG website. ✓ Yes No 16. Because I answered YES under the ASSESSMENT step above, alternate-language versions of the required handout were provided. Yes No ✓ N/A-The Assessment was 'NO' 17.A copy of the public hearing notice's affidavit of publication OR a copy of the actual published notice from the newspaper has been uploaded with this application. A copy of one of these documents must be received prior to contract execution. Yes No N/A please explain: Citizen Participation Documents 18. Because I answered YES under the ASSESSMENT step above, documentation of outreach steps for non-English speaking residents(like a copy of the translated notice from the newspaper or public https://zoomgrants.com/printprop.asp?rfpidu=0084EB86BEED4059929311B4C7923171&propidu=C2C7A69ED61F4C84A09D48D194B55752&print=R 4/9 3/18/2019 Print/Preview hearing posters in the alternate language) has been uploaded Yes No ✓ N/A-The Assessment was 'NO' N/A- please explain: 19.The public hearing minutes have been uploaded with this application. You are required to provide a copy of the official minutes. If they are not available by the CDBG application due date, enter a statement from the clerk indicating when the minutes will become available and send the minutes as soon as possible. Yes No - please explain: *****TITLE V/CERTIFICATION ***** Demographics 20. Service Area Population Totals: Please provide the total residential population count and the total number of those residents who are of Hispanic or Latino origin. 136154 Total Population in the service area of the county or counties covered in this application 113711 Number of the above residents who are Hispanic or of Latino origin. 1477525.00 TOTAL 21. Number of residents by race in the service area. 119993 White 1064 Black or African American �— 1395 Asian 3312 American Indian/Alaskan Native nal Asian/White 10390 Other 1 —136,154.00 TOTAL Minority Outreach 22. MINORITY POPULATIONS reported in the service area demographics above are: ✓ Scattered throughout the community. Scattered throughout the community,with concentrations in the areas listed in the following question. Concentrated in the areas listed in the following question. 23. Description of areas of population concentrations: Input "N/A"if no area concentration issues. N/A https://zoomgrants.com/printprop.asp?rfpidu=0084EB86BEED4059929311B4C7923171&propidu==7A69ED61W84A09D48D194B55752&print=R 5/9 3/18/2019 Print/Preview 24.The following opportunities were provided to protected groups to participate in and comment on the design of activities to be undertaken as part of this project(check all that apply): ✓ Public hearing to review community development and housing needs Community meeting(s) Community survey Apply to be on a wait list for direct assistance Other: 25.Will all residents of the service area benefit from this CDBG project? ✓ Yes, all residents of the service area will benefit If not- please explain: 26.The above populations that will not benefit from this CDBG project: Will receive similar services provided through existing programs. Do not receive similar services provided through existing programs, explain: ✓ Does Not Apply-All population groups served 27. For those protected groups that will not benefit from CDBG, provide a plan that identifies a timetable for providing such services in the future OR describe the reason no services are planned: Enter "N/A"if no explanation is required. N/A 28.The following steps will be taken to ensure CDBG benefits are offered to all residents and protected groups within the community: (check all that apply) Protected groups will be informed of the opportunity to apply Protected groups will be informed of the availability of programs A community meeting will be held to inform all residents of benefits resulting from the CDBG project. ✓ A final public hearing to receive comment on the CDBG project will be conducted with outreach and accommodation for non-English speaking residents, if applicable. Other: Project Budget and Leveraged Funds top Annual Project Funding_ Source _ Amount _ CDBG USD 105,732.00 CDBG Program Income _ Other Federal _Other State _ Local Public Private _ Total USD$ 105,732.00 Annual Public Services Budget- Cost Delivery of Services County Administration Items Costs Costs Staffing USD$ 102,232.00 USD$ 3,500.00 https://zoomgrants.r-om/printprop.asp?rfpidu=0084EB86BEED4059929311 B4C7923171&propidu=C2C7A69ED61 F4C84A09D48D194B55752&print=R 6/9 3/18/2019 Print/Preview - Goods and Services _ Equipment _ Travel Indirect Costs Total USD$ 102,232.00 USD$ 3,500.00 Project Summary and Description top PROJECT INFORMATION *****JURISDICTION ***** Input Jurisdiction Name Mason County_ Contact Person Name Kelly Bergh Contact Title Financial Analyst Contact Mail Address(if different than Applicant)" ' Contact City_(if different than Applicant) Contact Zip Code((if different than Applicant) Contact Email kbergh@co.mason.wa.us Contact Phone Number 360 427-9670 ext 644 Fed Tax ID# 91-6001354 SWV# 0001893-11 DUNS# 06-958-0751 UBI # � 232002101 SAM.gov Expiration Date:^ 8/1/2019 Fiscal Year From -To) January 1 - December 31 .. State Legislative District 2,20,22,35 Congressional District _ 3,6,9 ***** SUBRECIPIENT***** Subrecipient Name CAC of Lewis,Mason &Thur Contact Name John Walsh Contact Title�i CEO Mail Address _ 3020 Willamette Dr Street Address CityLacey_ Zip Code 98516 Email johnw@cadmt.org__ Telephone360 438 1100 DUNS# 09235428 U B I# 600-503-120 https://zoomgrants.com/printprop.asp?rfpidu=0084EB86BEED4059929311B4C7923171&propidu=C2C7A69ED61F4C84Ao9D48D194B55752&print=R 7/9 3/18/2019 Print/Preview SAM.gov Expiration Date: 01/24/2 020 PROJECT DESCRIPTION AND LOW- AND MODERATE-INCOME BENEFIT TABLE (A) Name (p) Program of (C) Level of(E)#of (F) Method of Activities Service (B) Description of Services HUD Service: Persons Ensuring Benefit to Program Code (N),(I), LMI Persons (S) Activity 1 Resource Provide resource referrals to 05 (1)_ 7,500 Information on family Referral clients seeking services size and income administered by the Council and reveals that 51% of to other service providers in the the clients will meet community_ and continue to meet LMI standards Activity 2 Children's Services include resource referral, 05 (N)_ 350 Activity targets V -- Justice advocacy and case support for persons in one of the and victims of crime HUD-defined special Advocacy groups. It is presumed Center to principally benefit LMI persons Activity 3 _ - Activity 4 _ --- Activity 5 _ — Activity Activity 7 _ PROJECT SERVICE AREA *****AREA OF BENEFIT***** Service Area Enter the county(5)to be served by this grant since some - Mason & Lewis(demographic data subrecipient agencies serve a multiple county area. included for both counties)_ Provide the street address for the primarylocation of — —� subrecipient services(if different than Subrecipient address)' PROJECT BENEFICIARIES ***** LEVEL OF SERVICE***** Persons Served (N)#of persons-new or continuing access to a service 0- (1)-# (1)#of persons- improved access to a service _ 7,850 (S)#of persons-service that is no long substandard https://zoomgrants.com/printprop.asp?rtpidu=0084EB86BEED4059929311B4C7923171&propidu=C2C7A69ED61F4C84A09D48D194B55752&print=R 8/9 3/18/2019 Print/Preview ***** PERSONS SERVED ***** #of Persons --- _ _--_- - -_-a—^--- V—_-"_ — 7,850 #of LMI Persons 7,850 LMI Percentage% 100% How were the numbers of beneficiaries determined?M LMI Limited Clientele Documents top Documents Requested * Required?Attached Documents Public Services Environmental Review / Environmental Review Resolutions With Certifications of Compliance I/ Official minutes of public hearing on CDBG grant request Public Hearing Notice Affidavit of Publication - —�- OR-copy of actual hearing-publication from newspaper Local government's current adopted Grievance Procedure Grievance Procedure - ---""-- *ZoomGrants"m is not responsible for the content of uploaded documents. Application ID: 137350 Become a fan of ZoomGrants'on Facebook Problems?Contact us at Questions@ZoomGrants.com 02002-2019 GrantAnalyst.com.All rights reserved. "ZoomGrants"and the ZoomGrants logo are trademarks of GrantAnalyst.com,LLC. Logout I Browser https://zoomgrants.com/printprop.asp?rfpidu=0084EB86BEED4059929311B4C7923171&propidu=C2C7A69ED61F4C84A09D48D194B55752&print=R 9/9 NOTICE OF PUBLIC HEARING PUBLIC SERVICE-COMMUNITY DEVELOPMENT BLOCK GRANT NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing in the Commission Chambers at Mason County Building I, located at 411 N. 5th Street, Shelton, Washington, on Tuesday, March 26, 2019 at 6:15 PM. The purpose of the public hearing is to review community development and housing needs, inform citizens of the availability of funds and eligible uses of the state Community Development Block Grant (CDBG), and receive comments on proposed activities, particularly from low- and moderate-income persons and persons residing in the Mason County area. $105,732 is proposed to be available annually to the County and the Community Action Council of Lewis, Mason and Thurston Counties to fund public services that principally benefit low-to moderate-income persons. An overview of the proposed public services will be available for review at the Mason County Commissioners' Office located at 411 N. 5th Street, Shelton, Washington from March 5, 2019 through March 26, 2019 and on Mason County's website— www.co.mason.wa.us. Comments may also be submitted in writing to the Mason County Commissioners, 411 N. 5th Street, Shelton, WA 98584. Comments will be accepted until March 22, 2019. Comments on the County's and Community Action Council of Lewis, Mason and Thurston Counties program's past performance and use of 2018 CDBG Public Services Grant will also be received. The Commission Chambers is handicap accessible. Arrangements to reasonably accommodate special needs, including handicap accessibility or interpreter, will be made upon receiving twenty-four (24) hour notice. Contact the Commissioners' Office at 360-427-9670 Ext. 419, 411 N. 5th Street, Shelton, WA 98584. Dated this 5th day of March, 2019 Board of County Commissioners of Mason County, Washington De M iss ry, Cleyf of the Board