MONROE COUNTY BOARD OF COMMISSIONERS'AGENDA ...

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MONROE COUNTY BOARD OF COMMISSIONERS’AGENDA

MONROE COUNTY COURTHOUSE

JUDGE NAT U. HILL III MEETING ROOM

BLOOMINGTON, INDIANA

DECEMBER 11, 2019

10:00 am

Page

I. CALL TO ORDER

II. COMMISSIONERS’ PUBLIC STATEMENT

III. PUBLIC COMMENT – FOR ITEMS NOT ON THE AGENDA, LIMITED TO 3 MINUTES

IV. PUBLIC HEARING – ADA TRANSITION PLAN 1

V. APPROVAL OF MINUTES 51

• DECEMBER 4, 2019

VI. APPROVAL OF CLAIMS DOCKET

• ACCOUNTS PAYABLE – DECEMBER 11, 2019

VII. REPORTS

• TRAFFIC/ROAD UPDATE

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VIII. NEW BUSINESS

A. MOVE TO APPROVE: CENTERSTONE REENTRY PROGRAM MOU. 64

FUND NAME: JUSTICE PARTNERS FUND NUMBER: 8160 AMOUNT: $60,000

Executive Summary: Monroe County Circuit Court was awarded this grant to create

a Reentry Program for persons being released from incarceration onto community

supervision with the Probation Department.

Linda Brady, Probation

B. MOVE TO APPROVE: ORDINANCE 2019-44; AMEND MONROE COUNTY CODE 68

CHAPTER 440 – ANIMAL MANAGEMENT.

FUND NAME: N/A FUND NUMBER: N/A AMOUNT: N/A

Executive Summary: This ordinance will update MC chapter 440 with recommended

updates from the Animal Management Commission.

Lee Baker, Attorney

C. MOVE TO APPROVE: ORDINANCE 2019-45; AMEND MONROE COUNTY CODE 91

CHAPTER 266-17.


Executive Summary: This ordinance will amend MC code chapter 266 by removing

the date restriction for completion of the Annual Certificate Form.

Brianne Gregory, Internal Auditor

D. MOVE TO APPROVE: RESOLUTION 2019-40; PROSECUTOR’S DEPARTMENT 101

SURPLUS PROPERTY.


Executive Summary: Prosecutor’s department has 17 chairs they no longer need and

want to donate them to Habitat for Humanity Restore.

Jeff Cockerill, Attorney

E. MOVE TO APPROVE: AGREEMENT WITH HART INTERCIVIC FOR PURCHASE OF 105

ELECTION EQUIPMENT.

FUND NAME: COUNTY GENERAL FUND NUMBER: 1000 AMOUNT: $735,600

Executive Summary: This is a draft agreement with Hart Intercivic for the purchase

of new election equipment.


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F. MOVE TO APPROVE: RATIFICATION OF ORDINANCE 2019-47; APPROVING 124

INTERLOCAL AGREEMENT REGARDING ANIMAL MANAGEMENT AND SHELTER.

FUND NAME: COUNTY GENERAL FUND NUMBER: 1000

AMOUNT: $330,878.41

Executive Summary: This ordinance allows MC the duty of enforcing animal control

rules in the Town of Ellettsville and the use of City of Bloomington Animal Shelter.


G. MOVE TO APPROVE: COLLECTIVE BARGAINING AGREEMENT WITH AMERICAN 132

FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, INDIANA

COUNCIL-62, LOCAL 1567.

FUND NAME: MOTOR VEHICLE HIGHWAY, CUMULATIVE BRIDGE AND

STORMWATER FUND NUMBERS: 1176, 1135 AND 1197

AMOUNT: AS BUDGETED

Executive Summary: This agreement is with our Highway Department and has been

modified from the version approved in October due to change in highway

management staff. It included clarifications and revisions to many contractual

terms. The compensation was only materially changed to reflect the Council’s

directive on salary increases.


H. MOVE TO APPROVE: AMEND RESOLUTION 2019-14; ESTABLISHING 2020 DATES, 173

TIME AND LOCATION OF THE BOARD OF COMMISSIONER MEETING SCHEDULE.


Executive Summary: This will correct some of the meeting dates that were listed

incorrectly.

Angie Purdie, Commissioners’ Administrator

IX. APPOINTMENTS

X. ANNOUNCEMENTS

XI. ADJOURNMENT

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MONROE COUNTY BOARD OF COMMISSIONERS

Date to be heard: !December 11.2019 Item for Formal Meeting? 12] (Ex: Routine items, continuing grants)

OR Item for Work Session f Discussion D (Ex: Public interest items, Ordinance changes, new grants and grants that add personnel)

Title of item to appear on the agenda: .---.------. -. __ ,::__ ___ .::.._ _ __, Include VENDOR's Name in title if appropriate Heanng on ADA Trans1t1on Plan

A If Grants mus/ complete the[olfowi11g

Is this a grant request? Yes 0 Grant Type: Reimbursement/Drawdown 0 Up Front Payment D

Federal Agency: br==========~ Federal P,!.'ro'!!g£r~am'!!i.J: '====;;======d CFDA # l~=:===:====o~ Federal Award Number and Y car: b=====~ Or other identifjdng numrb:;:e~~· -----------, Pass Through Entityb=========d

New Grant to the County? Yes 0

County IS Pass Through D

Amount Received

Federa~l:'-'======1 State: ~""";=r===L.., Local Match: I Total Received~:t====='---,

Contracts/Agreements/MOU- Interlocal/Ordinance/Resolution/Grant item:

Fund Numbetb=======d Fund Nam)!.e~:-'=========;;==d Amount: b===========' If there is a monetary number in the Amount Box) you HAVE to

include the Fund Name &Number. IF this is a grant waiting on the creation of a Fund Name & Number, indicate that in the boxes, Executive Summary:

The County seeks public input on a draft ADA Transition Plan. The Plan sets forth the County's proposed policies and procedures regarding the accommodation of those who are covered by the Americans with Disabilities Act. The Plan also identifies County highway infrastructure and County building facilities that do not comply with ADA standards, and establishes schedules for the correction of those deficiencies.

Person Presenting: l"ID""a"'v""idc,;S~c~h~ill~in~gb======d Depattment: I"IL;;;e!;1;ga;;;l=========:!

Attorney who reviewed:

Submitted by: ~~D~a.,v,id~S~c:!'h,!!'ill,in""g======~ Date: !December 4, 2019

Each agenda request and all nece...,sary documents to the Auditor's Office (Anita Freeman) al: aO·[email protected],us AND to the Commissioner's

Office e~mait: [email protected] Form Approved 1/1/19

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MONROE COUNTY GOVERNMENT

ADA TRANSITION PLAN

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INDEX

Monroe County Government- ADA Transition Plan

Introduction

Statement of Accessibility

Monroe County ADA Coordinator

Americans with Disabilities Act Advisory Committee

Grievance Procedure

Self-Evaluation of Facilities (List of Deficiencies- Prioritized) and Work Plan

Communications- Meetings, Activities, and Website

Transition Plan Adoption and Management

Training

Accommodation Requests

Exhibit A- Section 504 Notice

Exhibit B- Monroe County ADA Coordinator Contact Information

Exhibit C- Resolution 2018-39 (ADA Advisory Committee Membership)

Exhibit D-How to File a Grievance

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Exhibit E- ADA Complaint/Grievance Form

Exhibit F- Monroe County Buildings and Structures Work Plans- 2019 and 2020

Exhibit G- Monroe County Park and Recreation Facilities Work Plans- 2019 and

2020

Exhibit H- Monroe County Highway Department Work Plans- 2019 and 2020

Exhibit 1- Monroe County Technical Services Department Work Plans- 2019 and

2020

ExhibltJ- Disability Accommodation Request Form

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Monroe County Government - ADA Transition Plan

Introduction

The Americans with Disabilities Act (ADA), enacted on July 26, 1990, is a civil rights Jaw prohibiting discrimination against individuals on the basis of disability. Title II ofthe ADA pertains to the programs, activities and services public entities provide. Because Momoe County Government ("the County") provides public services and programs, and because the County fully supports the objectives of the ADA, the County will take all reasonable steps necessary to ensure that, " ... no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, D1' be subjected to discrimination by any such entity." (42 U.S.C. Sec. 12132; 28 C.P.R. Sec. 35. 130). As required by Title II of the ADA, the County has established the followi11g entities, goals, policies, procedures, and practices (collectively, "Plan") it deems necessary to meet its obligation to ensure all of its facilities, services, programs and activities are accessible to all individuals.

The Plan: identifies the barl'iers that limit the accessibility of the County's services to individuals with disabilities; describes the methods to be used to make the services accessible; provides a schedule for making the accessibility modifications; and, identifies the County personnel responsible for implementing the Plan. Generally, there are two types ofbar!'iers to accessibility- physical baniers, and programmatic barriers. Physical barriers include, for example, parking, path of entry/travel, doors, service counters, restrooms, and sidewalks/curb ramps. Programmatic haniers include, for example, building signage, communication and interaction (e.g., internet, public meeting notices), emergency notifications (alarms, visible signals), and participation opportunities.

The Plan was prepared after a careful study ofMomoe County programs and facilities. In preparing the document, Momoe County Government sought input from the public, its persmmel, and appropriate State and Monroe County agencies. Monroe County Govemment facilities, programs, services, policies, practices, and procedutcs will be reviewed and assessed on an on-going bases and, as noted below, the Plan may be revised fi·om time to time to reflect the information and conclusions that result from such review and assessment. The Plan will be posted on the Momoe Cmmty Government web. Notice of the Plan will be posted in all Momoe County Govemrnent buildings.

Statement of Accessibility

Monroe County Govenunent ("the County") shall make reasonable modifications to its facilities, policies, practices, and procedures when the modifications are necessary to avoid discrimination (i.e., barriers to access) on the basis of disabili1y, unless making the modifications would fundamentally alter the nature of the facility, service, program, or activity. Monroe County Govenunent will not place surcharges on individuals with disabilities to cover the cost involved

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in making programs accessible. The County's Section 504 Notice, which more fully sets fotth the County's commitment to accessibility, is attached hereto as "Exhibit A."

Monroe County ADA Coordinator

The ADA Coordinator is responsible for implementing, and maintaining current, the Momoe County ADA Transition Plan. The ADA Coordinator will also chair the ADA Advisory Committee. The Monroe County Board of Commissioners' Administrator shall serve as the Momoe County ADA Coordinator. Note: The Commissioners' Administrator also serves as the Monroe County Title VI Coordinator. Contact information for the ADA Coordinator is attached hereto as "Exhibit B."

Americans with Disabilities Act Advisory Committee

The Americans with Disabilities Act Advisory Committee (ADAAC) is hereby established, by the Monroe County Board of Commissioners, as a Monroe Cotmty Government cotmnittce. The ADAAC shall consist of the following eleven members:

• Public Works Director

• Maintenance Supervisor

• Building Commissioner

• Technical Services Director

• Parks Director

• Showers Building representative

• Justice Building representative

• Human Resources Director

• Youth Services Director

• Airport Director or representative

• ADA Coordinator

The Jnstice Building and the Showers Building representatives shall be appointed by the Monroe County Board of Commissioners. The Airport representative shall be appointed by the Monroe County Airpott Board. A copy of the most recent resolution appointing the ADA Advisory Committee membet·s is attached hereto as "Exhibit C." The ADAAC will meet at least twice a year (in June and December) to: assess the effectiveness of the Plan components; assess progress made on the Plan goals, and to consider any additions or deletions to the goals related to new facilities or goal accomplishment; the need to amend the Plan to address new laws or guidance statements; assist in the preparation and dissemination of ADA educational materials; and, address any other matters related to the implementation and maintenance of the Plan. Additional meetings of the ADAAC may be called by the ADA Coordinator. The ADAAC also serves as the Momoe County Title VI Liaison Team.

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Grievance Procedure

Under the Americans with Disabilities Act, use\'s of Momoe Cmmty facilities and services have the right to file a grievance if they beHove the County has not provided reasonable accommodation. All complaints should be presented in writing to Momoe County's ADA Coordinator. Please consult the Grievance Procedure attached hereto as "Exhibit D." The County External Grievance Procedure is also set forth in Chapter 254 of the Momoe County Code. A formal complaint must be filed within sixty (60) calendar days of the alleged occurrence. Monroe County Govermnent will not officially act on or respond to complaints made orally (directly or via recording). Of course, assistance will be provided to those unable to complete a written complaint form due to a qualifying disability, Requests for such assistance must be timely made to the ADA Coordinator, so that a written complaint may be reasonably produced within the complaint deadline period. A copy of the ADA Complaint/Grievance fonn is attached hereto as "Exhibit E."

Self-Evaluation of Facilities (List of Deficiencies- Prioritized) and Work Plan

A public entity may not deny the benefits of its programs, activities, and services to individuals with disabilities becatJse its facilities are inaccessible. A public entity's services, programs, or activities, when viewed in their entirety, must be readily accessible to and usable by individuals with disabilities. This standard, known as "program accessibility," applies to all existing facilities of a public entity. Public entities, however, are not necessatily required to make each of their existing facilities accessible. Below is a list of the County's existing facilities or types of facilities:

County Facility

Comthouse Health Building Zietlow Justice Center Cully Building County Parking Garage Fiscus Building North Showers Building Johnson Hardware Building Youth Services Building Highway Garage Airport Karst Farm Park Flatwoods Park Detmer Park Jackson Creek Park Ferguson Nature Park Mitigation Property Sheriffs Substation

Location

100 W. Kirkwood Ave. 119 W. 7111 St. 301 N. College Ave. 214 W. 7111 St. 306 N. Morton St. 304 N. Morton St. 501 N. MmtonSt 405 W. 7111 St. 615 S. Adams St. 5900 W. Foster Cuny Dr. 972 S. Kirby Rd. 2450 S. Endwright Rd. Flatwoods Rd. Vernal Pike S. Rogers St.

Victor Pike Dillman Rd.

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County Facility Location

Karst Greenway Monon Trailway Limestone Trailway Sidewalks Curb Ramps Signalized Intersections Pedestrian Crossing Infrastructure Website

A self-evaluation of 22 of 26 of the foregoing facilities has been completed. The remaining selfevaluations will be completed as the Plan is more fully executed (i.e., the evaluations of the Sheriff's Substation, Ferguson Nature Park, Signalized Intersections, and Pedestrian Crossing Infrastructure). TI1e selt~evaluations were made, and will be made, of the following baseline conditions at each ofthe foregoing facilities: access to parking and entry into the facilities; access to a clear and distinct path of travel; access to programs and services; access to public areas and restrooms; and, access to related amenities. The results of the evaluations, i.e., the lists of deficiencies and the associated corrective wol1c plans ("work plans") for 2019 and 2020, are attached hereto as the following exhibits:

ExhibitF County Buildings and Structures;

Exhibit G County Padc and Recreation Facilities;

Exhibit H Cmmty Sidewalk, Curb Ramp, and othe1· Highway Facilities; and,

Exhibit I County Website.

The Self-Evaluations reflect the evaluators' (i.e., key staff's) levels oflmowledge of relevant accessibility standards (e.g., ADAAG, PROWAG, and WAG 2.0). At this time, those levels may be less than proficient. For that reason, the County will obtain and provide annual training to key staff on relevant accessibility standards and will seek evaluation assistance from knowledgeable professionals (e.g., engineers and architects), nntil key staff possess the necessary proficiency.

The work plans prioritize deficiencies for corrective action based, in pat1, on the following criteria/ratings:

County Programs, Buildings and Structmes, and Park and Recreation Facilities

The severity ofthe deficiency (i.e., how significantly it departs from the standard);

The extent of public use of the program, facility, etc.;

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The amount and nature of public suggestions, complaints, or requests for accommodation associated witl1 the program, structure, etc.;

Whether conecting the deficiency may be done witbin cw1·ent budget, or requires an additional appropriation, or long-term financing;

Whether alternative means of providing accommodations exist; and,

The nature ofthe program, facility, etc., in question.

Regarding accessibility to programs, the attached Self~Evaluations address issues such as signage. Furthermore, a survey intended to aid in the evaluation of program accessibility has been completed by the County Depa1iments. TI1e survey responses will be assessed as prut of the 2020 work plan. That assessment, along with relevant public comment received by fhe ADA Advisory Committee and by the County Commissioners, will be used to identify additional programmatic changes necessary to improve accessibility for incm]Joration in to future work plans.

Sidewalks, CU!'b Rrunps, ood otlwr Highway Facilities In addition to the considerations listed above, Highway Facility deficiencies shall be assessed and pdoritized for cmTection as follows:

Based on field evaluations offhe width below standard, surface condition, joint condition, cross-slope observation (2% maximU111), root damage, and connectivity, sidewalks will be rated as follows:

A- good condition;

B- minor problem noted, but no inunediate need for con•ection;

C-one major problem or multiple minor problems, needing some attention; and,

F- failed, broken, impassible by wheelchairs, difficnlt for pedestrian travel.

The following photographs depict the foregoing ratings:

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Condition 8 ~Minor Deficiency, in this case, the sidewalk Is too narrow for Its location and level

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Condition F- Not present, broken or impassable. Note the missing sections, multiple and severe joint displacements, rough/cracked surface with tripping hazards. A fit walker can still navigate these, but not without great caution, and these are impassable for a wheelchair.

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Based on observations of ramp existence, presencl' of domes, approximate ramp slope, edge lip to street, landing size or transition cross-slope, surface conditions, and utility facility or other ramp obstruction, ramps will be rated as follows:

A -no concems noted, domes present, slopes and edges acceptable, cross-slopes or landings satisfactory, good sm'face condition;

B- minor deficiency, but satisfactory and passible (e.g., domes missing but otherwise good);

C -major deficiency, or multiple minor deficiencies, needs attention; and,

F- ramps or at-grade cotmections not present.

Signalized pedestrian crossings, including high intensity activated crosswalk beacons ("HAWKS"): At present, there are 8 signalized pedestrian crossings and 3 BA WKS within the Cmmty Highway system. Each of those facilities are ADA compliant, and are only installed as patt of larget County Highway p!'ojects. Accordingly, there is no need to prioritize their correction. The Connty will be using more roundabout facilities in the future. Thus, the use of signalized intersections and HAWK not increase significantly. At present, the County believes that three more such facilities will be installed within the next 5 years.

Communications- Meetings, Activities, and Website

According to Section 35.160(a) of the ADA," ... A public entity shall take app1·opriate steps to ensure that communications with applicants, participants, and members ofthe public with disabilities are as effective as communications with others." This mem1s that Monroe Connty is required to provide equally effective connnunication to individuals with disabilities. Equally effective communication can be provided by offering alternative formats, auxiliary aid(s) andfor services upon request. For example, interpreters may be hired as requested, or as needs are identified, for the hearing impaired, Momoe County will respond, appropriately, to req11ests for such accommodations. Requests should be made on the Disability Accommodation Request Form attached hereto as "Exhibit J." So that communication accommodations might be timely provided, requests for personal, sound amplitlcation equipment or other accommodations should be made at least 48 business hours prior to the meeting, event, activity, or progrmn during whicl1 the equipment will be used, and requests for intm·pt·eters should be made at least 72 business hours prior to the meeting, program, service, or activity during which the interpreter's services will be used. Disability Accommodation Request Forms shall be submitted to the ADA Coordinator.

It is tlw policy ofMomoe County to include the following statement in its posted and published meeting, event, activity, and program notices: "Anyone who requires an auxiliary aid or service for effective communication, or a modification of}lolicies or procedures to participate in a

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meeting, program, o1' activity ofMom·oe County Govet1mlent should contact the ADAfi'itle VI Coordinator at (812) 349-2551; [email protected], as soon as possible, but no later than forty-eight ( 48) business hours before the scheduled event. Individuals requiring special language services should, if possible, contact the Monroe County Government ADNTitle VI Coordinator at least seventy-two (72) hours prior to the scheduled event"

Similarly, for the benefit of attendees, at the commencement of Monroe County Govermnent meetings, programs, and activities, a statement regarding the availability of personal, sound amplification equipment shall be made by the person in charge of the meeting, progt·am, m· activity, and shall be displayed on any television monitor that is to be used during the event. Many of the County's meetings, programs, and activities take place within the Nat U. Hill Meeting Room at the Courthouse and, thus are televised 011local public access television. Momoe County Govemment believes that making the foregoing statement and displaying the statement on the television monitors in the Meeting Room will promote access to its meetings, programs, and activities by making members of the viewing public- those witl1 disabilities and those with family members or friends with disabilities- aware of the availability of the personal, sound amplification equipment and of the steps necessary to obtain the nse of the equipment. It should be noted that the ADA does not require Momoe County Govenunent to take any action that would fundamentally alter the nature of its meetings, progratns, services, or activities, or impose an undue financial or administrative burden on the County.

The Connty is committed to establishing and maintaining the Monroe County Govemment website as an accessible website. Accordingly, the Cotmty adopts the following website policies, practices, and goals:

New OJ' modified web pages and content shall be in HTML- Hypertext Markup Language code.

Images used, including photos, graphics, scanned images, or image maps, shall have alternative-text (alt-text) and/or a long description.

Fields of online forms and all information in online tables shall be accessible.

Documents posted for downloading, especially documents provided in Pmtable Document Format (PDF) shall be made available as an accessible web page and/or in a text-based format such as Word (.doc extension) or plain-text (.txt extension).

Public connnent regarding the accessibility of the website is encouraged and shall be facilitated by including a public comment portal on the website.

The County will work toward achieving Level AA complimtce with theW AG 2.0 Guidelines.

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Technical Services Department staff with website development and maintenance responsibilities ("TSD Staff") shall receive training in recognized accessibility standards and practices.

TSD Staff will check the public comment pmtal at least once each work day and shall respond by promptly providing requested information, if reasonably possible, and by forwarding any comments, complaints, or requests to the ADA Coordinator for review and action.

The Technical Services Department Director shall, each year: seek comment from area disability advocacy groups regarding the accessibility of the Catmty's website, and share cotrm1ents received with the ADA Advisory Committee; and, seek funding fi·om the Monroe County Council as reasonably needed to meet and maintain website accessibility goals.

Access to the following documents and features shall be available on the Monroe County Goverllll1ent website (www.co.momoe.in.us) under the ADA/Title VI tab on the website's home page:

Section 504 Notice; Disabj[jty Accommodation Request Fol'ln; How to File an ADA Complaint/Grievance; ADA Complaint/Grievance Form; ADA Coordinator contact information; Public Accessibility Comment Portal; and, Monroe County ADA Transition Plan.

Transition Plan Adoption and Management

Prior to the adoption of the initial Momoe County ADA Transition Plan and any amendment thereto, the Plan or amendment will be made available (on the County website) to the public, including area disability advocacy groups, for review and comment. The Monroe County Co1mnissioners will conduct an advertised, public hearing on tl1e proposed Plan or amendment prior to adoption.

The County's ADA Transition Plan, including the selt~evaluation, is a living document that will be updated on a regular basis (at least every tln·ee years). Each year, during its December meeting, the ADA Advisory Committee, working with depattment heads, will ptepare the work plans (i.e., will amended Exhibits F, G, H, and I) for the second year following (e.g., in December of2019, the 2021 work plan will be prepared). The work plans will reflect the most recent prioritization of the projects that are necessary to achieve ADA compliance and that can reasonably be performed during the work plan year. Scheduled work that is not completed during the work plan year will be considered part of the following year's work plan, unless removed or rescheduled by tho ADA Committee. During its June meetings, the ADA Cotmnittee will work wlth department heads to prepare proposed budget requests, for Sllbmission to the

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Monroe County Council, that reflect to funding necessary to implement the following year's work plans,

Following each of its meetings, the ADA advisory Committee will provide copies of the proposed work plans and budget proposals to area disability advocacy groups for comment. The ADA Advisory Committee will review the comments and present them and the proposed work plans and budget request to the Momoe County Commissioners during a public meeting ofthe Commissioners. Public comment on the materials will be accepted.

Training

Following formal adoption of the Momoe County ADA Transition Plan, the ADA advisory Committee (ADAAC) will conduct annual department-wide tmining on the policies and procedures outlined in the Transition Plan. The training materials prepared and made available hy the Indiana Department of Transportation and the Great Lakes ADA Center are among those that may be used. The County's commitment to accessibility and the Transition Plan shall be discussed with new employees during the employee orientation meeting. As the training is completed, documentation will be retained by the ADA Coordinator.

Accommodation Requests

Anyone in need of ADA accommodation themselves, or on behalf of someone who does, may fill out a Disability Accommodation Request Form and file the form with the ADA Coordinator. The form is available on the County's website (www.co.monroe.in.us) under the ADA/Title VI tab on the home page.

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Exhibit A

SECTION 504 NOTICE- NOTICE UNDER THE AMERICAN WITH DISABILITIES ACT

In accordance with the requirements of Title II of the American Disabilities Act of 1990 ("ADA"),

Monroe County Governmenl, Monroe County, Indiana ("Monroe County") will not discriminate

against qualified Individuals with disabilities on the basis of disability In Its services, programs, or

activities.

Participation in the Development of The ADA Transition Plan: Monroe County Government will

provide opportunity for the disabled community and other interested parties to participate In the

development of the ADA Transition Plan and any amendments to the plan. Such Opportunity shall

include providing access to information about the plan, access to draft documents, procedures

and standards, and also the ability to comment on the various parts of the ADA Transition Plan as

they are in development.

Employment: Monroe 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: Monroe County will generally, upon request, provide appropriate aids

and services leading to effective communication for qualified persons with disabilities so they can

participate equally In Monroe County's programs, services, and activities, Including qualified sign

language interpreters, documents in Braille, and other ways of making information an

communications accessible to people who have speech, hearing, or vision Impairments.

Modifications to Pollcles and Procedures: Monroe 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. For example, individuals with service animals are

welcomed In Monroe County offices, even where pets are generally prohibited.

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 Monroe County, should

contact Angie Purdie, Monroe County Commissioners' Administrator, (812)-349-2550, .!lJ?.!J~co.monroe.ln.us, as soon as possible but no later than two (2) business days before the

scheduled event.

The ADA does not require Monroe County to take any action that would fundamentally alter the

nature of Its programs or services, or impose an undue financial or administrative burden.

Complaints that a program, service, or activity of Monroe County is not accessible to persons with

disabilities should be directed to Angie Purdie, Monroe County Commissioners' Administrator,

(812) .. 349-2550, [email protected].

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Monroe County will not place a surcharge on a particular individual with a disability or ony group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving Items frorn locations that are open to the public but are not accessible to persons who use wheelchairs.

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Exhibit B

The Monroe County ADA Coordinator is:

Angie Purdie Commissioners' Administrator

Courthouse, Room 323 100 W. Kirkwood Ave.

Bloomington, Indiana 47404 Tele: (812) 349-2551

Fax: (812) 349-7320 [email protected].,in.us

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EXHIB!T__...:c:;:;:...._.__.;,.

l{~s61uti¢n i!.018- 3 ~

A resolution to approv~ the Americai\s With D1saliilltles ActAdyi.sorytorprnltt~e for ~01,9.

W,b.erea~; 1'1\e Bo~t~ of co·mmtssiqners·anhe Cpun,ty·ofMonroe,lm!lan~ ("Bo<lrd1'}1s Jn the

process· ofp,repa·ringtha Mbnroe Cd~nty AmerbmsWith Dl!r<ibl\lties 'frMs1tion Plan (11Piari); and;

Wh~reas, the Beardsflnpsthat It Is deslral:lle tG appoint an advisory committee to assist In the dev~lopmont and tnalnten,;moe ofthe Plan;

NOW, THEREFO~E, BE IT R~SOLVEP by the Board that the Monroe county America11s With ----.OOlllisllJQI:>uill1tlltl~s~mmltt~mmltte,r!.~al~b>l,-aml-lw~s,-f:ormed,.$d-ti1~mlMGlwal,.__ ___ _

ll~t~d o.n the attached Exhibit A, sh~ll be, and hereby are, a!JpDinted as members efthe committee rbr

thE? year i6l.9.

SO RES'Oi.VED, by the ao.ard this l '1 day of D.ecember,zbj,8,

NAYIJ

PatriCk Stofie1's

~~ ... ,. .iulles TbGrnas

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AMERICANS WITH DISABILITIES ACT ADVISORY COMMIDEE • 2019

Public Works Director Lisa Ridge (812.)34H555 [email protected]

Maintenance Supervisor Jerry Appleberry (81.2)349·?.527 [email protected]

Building Commissioner Jim Gerstbauer (812)349-2580 jge rstba [email protected] nroe.in. us

Technical Services Dir. Eric Evans (812) 349-72.16 [email protected]

Parl<s & Recreation Dlr. Kelll Witmer (812) 349-2802 [email protected]

Justice/Curry /Fiscus Bldg. David Gardner (8:12) 349-272.6 [email protected]

Human Resources Admin. Rynn Cooper· (812) 349-7314 rcooQel'@co.monroe.in.us

Youth Services Director Victoria Th'evenow (812) 349-5013 [email protected]

.Airport Director Carlos Laverty (812) 825·5406 [email protected]

ADA Coordinator Angie Purdie (812) 349·2550 [email protected]

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ExhibitD

How to file an ADA Grievance

The procedure to file a grievance is as follows:

1. A formal written grievance should be filed on the ADA Grievance Form. An oral grievance can be filed by contacting the ADA Coordinator. The oral grievance will be reduced to writing by the ADA Coordinator utilizing the ADA Grievance Fonn. Additionally, individuals filing a grievance are not required to file a grievance with Momoe Connty, bnt may instead exercise their J'ight to file a grievance with the Department of Justice, The Grievance must include:

• The name, address, and telephone number of the person filing the grievance. • The name, address, and telephone number of the person alleging the ADA

violation, if other than the person filing the grievance. • A description and location of the alleged violation and the remedy sought. • Information regarding whether a complaint has been filed with tlte Department

of Justice or other federal or state civil rights agency or court. • If a complaint has been filed, the name of the agency or court where the

complaint was filed, and the date the complaint was filed.

2. The grievance will be either responded to or acknowledged within 10 working days of receipt. If the grievance filed does not concern a Monroe County facility, it will be forwarded to the appropriated agency and the gdevant will be notified.

3. Within 60 calendar days of receipt, the ADA Coordinator will conduct the investigation necessary to detcl'mine the validity of the alleged violation. If appl'opriate, the ADA Coordinator will arrange to meet witl1 the grievant to discuss the mattel· and attempt to !'each a resolution of the grievance. Any resolution of the grievance will be documented in the Monroe Cotmty's ADA Grievance File. The ADA Cool'dinator may, at !lis/her discretion, request an appropriate member of the ADAAC to be present at the meeting with the grievant.

4. If a resolution of the grievance is not l'eached, a written dete1mination as to the validity of the complaint and description of the resolution, if appropriate, shall be issued by the ADA Coordinator and a copy foTwarded to the grievant no later than 90 days from the date ofMomoe County's receipt of the grievance.

5. The Grievant may appeal the written determination. The request for reconsideration shall be in writing and filed with the Indiana Department of Transportation Ombudsman within 30 days after the ADA Coordinator's determination has been mailed to the grievant. Monroe County's Ombudsman shall review the request for reconsideration and make a final determination within 90 days from the filing of the request for reconsideration.

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6. If the grievant is dissatisfied with the Momoe County's handling of the grievance at any stage of the process or does not wish to file a grievance through the Monroe County's ADA Grievance Procedure, the grievant may file a complaint directly with the United States Department of Justice or other appropriate state of federal agency.

The resolution of any specific grievance will require consideration of varyiug circumstances, such as the specific nature of the disability; the nature of the access to setvices, programs, or facilities at issue and the essential eligibility requirements for pmticipation; the health and safety of others; and the degree to which an accommodation would constitute a fundamental alteration to the program, service, or facility, or cause an undue hardship to Monroe County. Accordingly, the resolution by Momoe County of any one grievance does not constitute a precedent upon which Monroe County is boundary upon which other complaining parties may rely.

File MaiJitenance Momoe County's ADA Coordinator shall maitrtain ADA grievance files for a period of three years,

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ExhibitE

ADA Complaint I Grievance Form- Monroe County, Indiana

Complainant: __ ~-----~~------- Date: _____ _

Person P!'epadng Form (if different :fi·om Complainant): --------~-----

Relationship to Complainant: ____ _

Street Address & Apt. No.:

City: ______ State:----· Zip: _____ _

Phone:('--_ _,) ________ E-mail:----------------

Please provide a complete description and location(s) of the specific complaint or grievance:

Please state what you think should be done to resolve the complaint o•· gl'lcvance:

---·-----------------------·--

Your concems are important to us. Someone will contact you shortly. If you prefer not to be contacted, please check here: [ ]

Signature:-----------------

Return to: Angie Purdie Monroe County ADA Coordinator 100 W Kh·kwood Ave Room323 Bloomington, IN 47404 Telephone: (812) 349-2551 Fux: (812) 349-7320 Email: [email protected])ll'oe.in.\ll\

Date: _______ _

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EXHIBIT F

Monroe County Buildings and Structures Work Plans- 2019 and 2020

Facility Deficiencies 2019 2020 Future

Youth Services Building This facility is under construction (addition and comprehensive remodeling· $2.5 million) and will be fully ADA compliant when completed (part of project). _X~

Highway Garage No accessible parking designated or curb ramps In front or back of building. ~X-

No counter in public room. _x_

One non-compliant tables in breakroom. _X

incorrect lock type on unisex bathroom door. _x

Slgnage needs to be updated - Braile. _lL

Drinl<ing fountain needs to be updated. _x_

Curry Building Accessible parl<lng improperly marked. _x_

No counter at door location. _x_

Signage needs to be adjusted. _X

Fiscus Building Reach range/flush handle deficiencies. _x

Signage needed.

courthouse Some door knobs to replace. _x_

Handicap Access Door updates _X_

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Johnson Hardware Building Parking lot signage needs to be adjusted and lot striped. _X_

Entrance ramp exceeds slope standards. _x_

Handrails at entrance needed. _x

Bathrooms noiHompllant- door width, pipe projection, turning radius, flush controls, fixture clearance, fixture reach ranges. _x_

Signage needs to be relocated. _x_

Some door knobs to replace. _X_

Mirror too high in Voter Reg. _x_

Justice Building Head guard for main stairs needed. _X_

Several courtrooms lack wheelchair access and parking areas. _x_

Bathroom urinals need to be adjusted. _x_

Main entrance lacks signage. ___x_

Some courtrooms have door nobs entries from Judges Chambers. _x _

Courtroom 313 needs second exit sign. __ x_

Correctional Center bathroom fixture clearance/height improper. _x_

Sheriff Counter red phone call button Is too high. _x_

Courtroom 205 swinging door Is too narrow. _X_

Health Building Surveyor's Office Is not accessible. -- -- _x_

Bathrooms: toilet height non-compliant, pipe guards missing, mirrors and dispensers are too high, _X_

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MC Government Center

Directional exit sign need at east end above clinic door.

NE entrance threshold too high.

SE exit stair needs handrail.

Not all offices have accessible counters.

Grab bars need to be adjusted.

Amount budgeted for 2019 Work Plan

Proposed amount to be budgeted for 2020 Work Plan

_x

_x_

_x_

17 500.00

48 500.00

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EXHIBITG

Monroe County Parks and Recreation Facilities Work Plans- 2019 and 2020

[see attached]

Amount budgeted for 2019 Work Plan 6 000.00

Proposed amount to be budgeted for 2020 Work Plan 155 750.00

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Monroe County Parl<s & Becreation 08·21·19

Facility Deficiencies Karst Farm Pari< Athletics restroom ADA toilets not in correct

location for ADA transfer, drains need to be relocated ----

HIGH PRIORITY Need to replace Sophia Travis Playscape ADA elayground surface.

.--·~

Lacks ADA asphalt parking spaces & ADA access

-- . routes In {3) gt·avel parking lots, (year 1995) Need to replace (35) old non ADA

-- picnic table. Need ADA access routes to athletic fields & to Nature Trail. Between fields #1 & 112, east of field 113, west of field 114, (2) small foot bridges to field #5 Need to rnove Dog Pari< drinking fountain to area out of standln~ water (concrete & small lip) Need to reinstall Patriotic Corner for ADA program access. Projected year= 2021 (Year 2011-17) Replace ADA muslcailnstrurnents. Projected replacement= 2023 -- --(year 1995) Replace Playground 111, need ADA surface & ADA ground components. Projected replacement year= 2022 -(year 1995) Replace athletics playground, need ADA surface & ADA ground components. Projected rer..~acement year= 2029 (yeat· 2000) Replace shelter 5 playground, need ADA surface & ADA ground components. Projected replacement year"' 2030

Will Detmer Park Need ADA fishing pier with safety equipment & access to pier, (year 201.1) Need to replace ADA playground surface~.-Projected replacement= 2023

Flatwoods Pari( Replace (with) ADA bulletin board and locate on ADA access route - --·· . Need ADA access routes to basketball courts and to Drone Zone --(year 2001) Replace tot lot playground, need ADA surface & ADA ground components, projected replacement" 2024 (year 2001) Replace pit toilet with ADA restroom bulldi_~~ wfsewer. Projected replacement~ 2025 (year2001) Replace big playground, need ADA surface & ADA ground components. Projected replacement~ 2028

~----

-2019 2020 Future $5,000

$85,000

--· $50,000

--$15,750

$15,000

$5,000

$9,000

--$10,000

$250,000

.. $75,0DO

$150,000

- ' .. $10,000

$35,000

$1,200

-$5,000

$125:000

$100,000

$200,000

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-~· -· ... Jacl<son Creel< (1994) Replace playground, neod ADA surface & $30,000 Pari< ADA ground components & ADA access route,

Projected replacement= Z026 --Limestone OK Greenway Karst Farm OK Greenw,ay. Karst Farm This facility Is not developed and is not open to

_§reenw•v North the public. . $1,500--Outside of Sheriff Need small ramp to enter front door of

substation substation. --Ferg\lson Nature This facility is not developed ond Is not open to Pari< the public, . Mitigation This facility Is not developed and Is not open to Property the public. ·-

When open to public, need ADA parking spaces, $50,000 ADA access route, & platform for ADA port-a-toilet.

ndrivel<elliADAdave

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Morll'oe County l'arks and Recreation stdves to maintain compliance with Title lii of the Americans with Disabilities Act by providing accessible camps, programs, and other recreational services, The Americans with Disabilities Act defmes a disability as a physical or mental impairment that substantially limits one 01' mme major life activities, That said, the ADA does not specifically na1ne all impairments that a!'e covered. As such, in understanding that each individual's circumstance is unique, MCPR staff address each request for program accommodation on a case-by-case basis.

Karst Day Camp Operation and Staff summary: Karst Day Camp consists of 10 one week sessions fl·om late May- eady August. Day Camp sessions are Monday-· Friday from 7:00am-5:45pm. Day Camp supervisors are certified in first aid, CPR, and operate under a 1:9 staiHocamper 1·atio.

ADA Accommodation R~qnest Procedure:

The Youth Program Director will initiate a discussion with the guardian ol' cm·egiver of the applicant to assess level/nature of disability and determine if acconunodations (persolmel, transp01tation, facilities) beyond what is typically offered/scheduled would be needed. The Ym1th .Program Director will consider the following questions while conducting the ussessmMt.

• Will the necessary acconunodatious result. in an undue burdell (slgnificm1t costs, training, time constraints, etc.) on the department?

• Will the necessary accommodation fundamentally alter the nature or functionality of Karst Day Ca!'llp activities (for the individual o1· others)?

• Will the nec0ssm·y accommodation compromise tho safety of others attending Karst Day Camp?

The Day Camp Director will consult with the Mo!ll'oe County Legal Department and provide the following information: The nat me of the circumstance, the acconunodations required to meet the needs of the applicant, and the antloipated costs associated,

Common youth progrnm sccnal'ios that rcqnh·e ad<litional accommodations:

• A child requires h*cted medication. The parent/caregiver isn't available dudng the day to provide the injection nor is the child authodzed to self-iqject. This scenal'io !'equires specialized personnel to be on site to administer h~ections,

• A child with a mobility impairment requires wheelchair transportation to and from day camp locations. This scenario requires rental of an accessible vehicle for the duration of the camp session.

• A child with a hearing impairment requires an interpreter dul'ing camp activities. Parents/caregiveJ'S are unable assist dudng camp hours nor can they provide an interpreter, This scenario requires specialized perso!lllel to assist the child for the duration of the camp session.

• A child with a vision impairment requires assistance to locations within the park. This scenal'io requires an addlt\onal assigned camp staffmaintain a 1:9 staff-to-camper mtio.

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• A child with a cognitive disability requires one-on-one supervision and the parent/caregiver is unavailable during camp hours. This scenado requires additional camp supervisors to maintain a 1 :9 staff-to·campcr ratio.

Projected costs to meet needs of accommodations:

Facility modifications to improve accessibility to ce1tain program areas cm1ld include, but would not be limited to surface grade mo<lificalion and/or concrete installation. Modification costs will vary depending on the scope ofthe project.

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EXHIBIT H

Monroe County Highway Department Work Plans- 2019 and 2020

Facility Deficiencies 2019 2020 Future

Curb Ramps See list attached hereto as H-1. Estimated cost $1.8 million. -- -- _x

Sidewalks See list attached hereto as H-2. Estimated costs $3.6 million. ~ ....'2L *Repair and replace sidewalks In Van Buren Park Subdivision. $100,000.00 each year.

Amount budgeted for 2019 Work Plan $100.000.00

Proposed amount to be budgeted for 2020 Work Plan $100,000.00

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EXHIBIT I

Monroe County Technical Services Department Work Plans- 2019 and 2020

Facilitv Deficiencies 2019 2020 Future

Website Create ADA tab on Home Page _x_

Add ADA documents and features under ADA tab. _X_

Create accessibility comment portal. _x_

Employ WAG 2.0 consultant to evaluate website. _x_

Hearing Assistance 4 units for public buildings _x

Amount budgeted for 2019 Work Plan 4 000.00

Proposed amount to be budgeted for 2020 Work Plan 32 000.00

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ExhibitJ

Disability Accommodation Request Form Monroe County Government

Monroe County Govemment is committed to assisting disabled individuals with access to its services, information, and resomces.

If you or someone you know is in need of special assistance or accommodation, please complete this fmm and return it to the address below. Our ADA Coordinator will contact you promptly to work out a reasonable accommodation. Thank you.

Person Needing Accommodation:,

Date of Request:----- Form completed by:--------------

Follow up Contactlnformation:

City: __________ State: ---~Zip: _______ _

Phone: L( -~) _______ E-mail:-----------------

:Please provide n complete description of tlte Accommodation you a1'e l'equesting, including the date & time tlte assistance is ~~eeded:

Slgnatu~e: -----------------

Retum to: Angie Purdie Monroe County ADA/Title VI Cool'dinator 100 W Kirkwood Ave Room 323 Bloomington, lN 47404 Phone: (812) 349·2551 Fax: (812) 349"7320 Email: [email protected]

Date:, _______ _

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MINUTES

MONROE COUNTY BOARD OF COMMISSIONERS'

DECEMBER 4, 2019

NAT U HILL Ill MEETING ROOM

COURTHOUSE

BLOOMINGTON, IN

The Monroe County Commissioners met in a regular meeting on December 4, 2019 at 10:00 a.m. with the following members present: Julie Thomas, President; Lee Jones, Vice President; and Penny Githens, Commissioner. Also present: Jordan Miller, Payroll Administrator; Jeff Cockerill, Attorney; Angie Purdie, Commissioners' Administrator and Anita Freeman, Deputy Auditor. Not present: Lisa Ridge, Highway Director.

I. CALL TO ORDER

The meeting was called to order by Thomas

II. COMMISSIONERS' PUBLIC STATEMENT

Statement read by Githens

Ill. PUBLIC COMMENT- FOR ITEMS NOT ON THE AGENDA, LIMITED TO 3 MINUTES

Good morning. My name is Vauhxx Booker. I've come here today to voice some concerns that I've had lately. I was happy to hear the statement of inclusion from Commissioner Githens. I want to urge us to make sure that we are living up to the values we espouse. Not long ago I was at a panel with all three distinguish Commissioners and I was dismayed that during a time that it is so tumultuous that we're reviewing our legal system that usually would take part of a panel on criminal justice was a panel that was entirely composed of white folks and a community where black and other marginalized individuals are overwhelmingly discriminated against or have racial disparities presence in the justice system. Going over the numbers we can see that in Monroe County and Bloomington there is a disproportionate arrest and use of force against black people in our community. We need to be mindful of that and I've mentioned it before speaking words of inclusion or diversity are not enough we need to intentionally act upon them. Diversity just doesn't spring from a fountain because we say it, it's a practice that we perfect over and over again. It's understanding that people are going to view

pg. 1 Board of Commissioners December 4, 2019 Meetmg Minutes

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different things. This is my first time being at the beginning of one ofthese meetings, I wasn't even aware that we did the Pledge of Allegiance. I mean we have to understand not everyone, especially in this time, is going to interpret or respond in the same way to the same things, so building that culture of inclusiveness should be an intentional commitment. I would love see the county join GARE which is a government alliance organization that helps governments intentionally work creating greater equity. Angie, or someone, I can send you a link to them

and that's what I had to say this morning. Thank you.

IV. AMENDMENT TO AGENDA Jones made motion to add item "D". Githens seconded. Motion carried by voice vote.

V. APPROVAL OF MINUTES

• NOVEMBER 27, 2019

Jones made motion to approve. Githens seconded. Motion carried by voice vote.

VI. APPROVAL OF CLAIMS DOCKET

• ACCOUNTS PAYABLE- DECEMBER 4, 2019

• PAYROLL- DECEMBER 6, 2019

Jones made motion to approve. Githens seconded.

{Miller) Total Accounts Payable- $412,625.25 • $82,201.63- State Treasurer Distribution- various items

• $61,694.96- American Structurepoint, Inc.- Fullerton Pike

• $61,028.36- Advanced Correctional- Jail Medical Services

Total Payroll- $1,509,664.48

• 70.7% - Direct Costs

• 29.3%- Indirect Costs After call for public comment, carried by voice vote.

VII. REPORTS

• TRAFFIC/ROAD UPDATE- NONE

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VIII. NEW BUSINESS

A. MOVE TO APPROVE: AGREEMENT RENEWAL WITH INDIANA RECOVERY ALLIANCE.

FUND NAME: HEALTH FUND NUMBER: 1159 AMOUNT: UP TO $20,000 Jones made motion to approve. Githens seconded.

Good morning. Penny Caudill Monroe County Health Department. A few weeks ago we can before you and you were gracious enough to renew our syringe service program for another two years. At that time we were working on and fine tuning the contract with Indiana Recovery Alliance. We have completed that and I'm here today to ask you to approve that agreement so they will continue to operate the syringe service program through the Monroe County Department on the county's behalf. We have the attestation and once we get all the signatures then we'll send the packet to the State to make them aware of this.

(Thomas) So it looks like the grant amount increased about $5,000 over 2018?

(Caudill) Yes. And this isn't actually a grant, this is in the health fund budget-

(Thomas) Ok.

(Caudill) So it's the money we can directly give them for the deliverables. You are right though we have some other grants that also put funds towards the syringe service program.

(Thomas) THFGI -

{Caudill) The Health Foundation of Greater Indianapolis.

(Thomas) That's what I'm talking about. So that went up from 2018 to 2019, but it looks like it's going, the request went back down to $15,000?

(Caudill) Yes last year we got an additional amount and again once this is done we'll put in the application. But it tends to be about $15,000. Last year we just got a little bonus.

(Thomas) Ok. Nice.

(Caudill) We always like that.

(Thomas) It doesn't happen often.

(Jones) It's wonderful that Indiana Recovery Alliance is willing to do this for Monroe County. Is Monroe County the other county they're doing it for or are they also working on this in other

counties?

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{Caudill) As far as I know there's no other county that they're actually providing service for in terms of syringe services. They do a lot oftraining and consultation with other counties. So they are still doing that. They do harm reduction education and naloxone training in other counties. They cannot operate a syringe service program without the county having approved that and being an entity for that . So currently we are it. I think if they had the ability and a county that wanted them to do it they would certainly take that consideration .

{Jones) Thank you.

{Githens) I like the kind of work that Indiana Recovery Alliance does in so many regards, trying

to knock down stigma.

{Caudill) And we do plan to bring the mobile units out front in another week or two so that you can see the work that' s been completed with our mobilization grant money that we received.

They look fabulous we'll have those in the next couple of weeks-

{Thomas) Awesome.

{Caudill) take a peek at those on your way into one of the upcoming meetings.

{Thomas) Awesome. That's a great idea just make sure it's not a terribly cold day-

{Caudill) I'm in agreement.

{Thomas) We're getting all wimpy in this-

{Caudill) but the mobile unit does have a heater now.

{Thomas) Because the one I saw previously just had the door that was open all the time with

the old van that they had.

{Caudill) They still have the same one, and it's lovingly referred to as "Larry", but it is very much refurbished and does have a little heater. So we'll have those on site for you to take a look at.

{Thomas) That'll be excellent. Just let us know and we' ll be sure to get here early. After call for public comment, motion carried by voice vote.

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B. MOVE TO APPROVE: AGREEMENT WITH IU HEALTH AND COMMUNITY HEALTH SERVICES FOR 2020. FUND NAME: HEALTH FUND NUMBER: 1159 AMOUNT: $176,000


(Caudill} This is for our annual agreement with IU Health Bloomington the Community Health Services division for public health nursing. The nurses that this employs covers our immunizations and you know we have a wonderful immunization rate in our county. They've been doing school clinics, I think over 22 school clinics this year. Just influenza and then the school catch up clinics in the spring have really helped to make sure our students are immunized. It makes it easier for families, they don't have to take off work to go take their children to be immunized so that's a plus. It's also our tuberculosis follow up and any nonsexually transmitted infection communicable disease follow up.

(Githens} I didn't exactly understand the role of VaxCare in all of this-

(Caudill} Yes.

(Githens} As I was reading through it it's a little convoluted for me.

(Caudill} It is a third party, we get vaccines from them. Some of our vaccine is vaccine for children program. It's a federally funded program for children who don't have insurance or coverage. But some people may be self-pay or they may have other insurance coverage, VaxCare does the billing for that. So we can get vaccine directly from VaxCare. We were among some of the initial health departments several years back that joined VaxCare so that they're doing the billing. If somebody comes in and they have other insurance it allows the public health clinic to take other types of insurance for people who are not eligible for instance for the vaccine for children. The agreement is with the health department for VaxCare and our agreement is whatever revenue is generated, 80% of that goes back to Community Health Services for administering those vaccines and we keep 20% of that revenue for just that administrative side.

(Githens} Thank you.

(Thomas} It's a great program. I know everybody in the community benefits if not directly indirectly, so it really is a great program. After call for public comment, motion carried by voice vote.

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C. MOVE TO APPROVE: DEPARTMENT OF CORRECTIONS GRANT. FUND NAME: COMMUNITY CORRECTIONS GRANT FUND NUMBER: 9142 AMOUNT: $1,355,780.


Tom Rhodes, Community Corrections Director/ Assistant Chief Probation Officer. That's a big number, $1,355,780. We have been receiving this money for decades now and they were able to come up with 62,883 more dollars this year to be able to help us out in personnel which is a 5% increase. We're very happy about that, however, they found the money in carry over. That's money that other jurisdictions didn't spend in their grant monies so they took the money back and now they're giving out money around the state, but it could be just a onetime 5%. We gave them back nothing and so Monroe County is totally benefitting from all of this. This grant is to support Home Detention, Day Reporting, Drug Treatment Court, Mental Health Court, Reentry Court, Veteran's Court and our Community Transition Program. All ofthese programs are very innovative, we help to try and keep people from going to jail and having an overcrowded jail. We do our best to try and give people an opportunity to change their life and become productive citizens. Sadly, this is my last time coming before the Commissioners, I am retiring this month after 30 years. It's been an honor, it' s been a pleasure and thank you to the Commissioners for supporting Community Corrections here in Monroe County. (Thomas) Thank you. Congratulations again on your retirement.

(Githens) It looks like we generate money through fees that are charged to people and that helps to pay for the program as well?

(Rhodes) Yes we do.

(Githens) Ok.

(Jones) I noticed in looking things over that these very innovative programs that are really extremely important I think to this community, don't actually receive much support from our general fund, which is understandable there's a limit to how much money is there. But it's also a matter of concern that such important programs are dependent on grants and money coming from elsewhere. And of course when that happens there are always strings attached to it telling you exactly what you can and can't do with the money. Whereas if things were funded more locally we would have more control over that money is used. I found that to be of some

concern. And we're going to miss you.

(Rhodes) Well, thank you. I might introduce Becca Streit, she will be the new Community Corrections Director as of January 1 st.

(Thomas) Welcome. We look forward to seeing you here. After call for public comment, motion carried by voice vote.

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(Thomas) I think you raise a great point about it would be nice to be just granted the money and let local decision makers decide how that money gets spent to what kind of programs we do.

IX. COMMISSIONERS' LETTER REGARDING THE CONVENTION CENTER EXPANSION.

• See attached.

D. DISCUSSION OF 'AN ORDINANCE OF MONROE COUNTY BOARD OF COMMISSIONERS CREATING A CAPITAL IMPROVEMENT BOARD TO DIRECT CONVENTION CENTER SITE SELECTION, DESIGN, CONSTRUCTION AND OPERATIONS'.

(Cockerill) I think this would be considered the first review of that as we know under state law. There's a different voting standard between the first and the second review. It's a fairly short area of 'now therefore be it ordained' in this in that it references the state code, IC 36-10-8. It assigns the units for the seven members, three being with the City, three being with the County, and the seventh member would upon those six members recommending a seventh member, that must be approved by both the Mayor and the County Commissioners. It specifically has them selecting the site and doing the design for the project and narrows it down a little bit in that there are really two different options out there that's really been thoroughly been discussed and it's kind of saying please pick one of those two. Then it says the County Commissioners will work with the City to make sure all the necessary property transfers and other requirements are done and that's the long and short of it.

(Thomas) Right. So a couple of quick questions. The first one being that you specifically referenced, you know working with the Mayor and the City, I think there's a clear, well, my understanding, let's do it this way, my understanding is that and correct me if I'm wrong, is that this is really a decision to be made by the two legislative bodies at this point. Meaning the City Council and then this Board to pass a CIB and we do want to have the Mayor and the County Council on board as well, obviously because they have other functions within this. But I think we were very general about who gets what appointments and we just said City vs. County and we can let our colleagues in the City make a determination about how they wish to divide up those appointments themselves.

(Caudill) That is certainly possible. I would say that really the creation of the CIB from a legal/technical standpoint is solely within the Board of Commissioners purview. You're the only body that can create it. So in that sense it's on you, it's your burden to carry. But clearly having the City's input for it to practically work is critical.

(Thomas) Absolutely. Ms. Rice.

Margie Rice County attorney. I want to tell you that when I wrote this ordinance I specifically put in here that the units of government would be Monroe County and City of Bloomington. Specifically the Commissioners shall appoint three members and the City Council shall appoint

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three. Now however the City Council wishes to communicate with the executive that's certainly their call. I was imagining that there would be legislation appointing the three appointments from each unit and that's why it makes sense. Also, because the Commissioners are the legislative body, the City Council is the legislative body and those are the two bodies that speak about Food and Beverage Tax revenue that's why that' s written. I think it's a good idea today as Jeff said just to introduce this and not vote on it. You can pass it unanimously today if you wanted because it's a first introduction of an ordinance if you voted on it today it would take a unanimous support. If you introduce it today and take a vote on it next week you would just need majority support for the CIB. Now I can tell you that, I've been told that people in the tourism industry support a CIB. It is a proven model in Indiana. I know that after the first Elected Official meeting, Rob Hunden who is one of the consultants working on this project, told me personally that he thought a CIB was a good model. We know of no other unit in Indiana that uses a not for profit model other than Muncie, and nobody is holding Muncie up as an example right now given the fact that their Mayor was federally indicted. So I can tell you I feel comfortable with the CIB it does provide the only unit that has been proposed that provides tort-claim protection because it is a governmental entity and there is a lot of safety and security with that. When people tout a not for profit for as having flexibility, the lawyer in me hears risk. So we know of a model here in Monroe County where a not for profit was a victim of a crime and hundreds of thousands of dollars were embezzled and that is not a model that I'm going to recommend to the County. Certainly it's your call what you want to do, but I feel comfortable with the protection that a CIB would provide you. (Thomas) Thank you. And it seems to me that every time we've had discussions about a 501 (C) (3) we kind of turn back to the CIB when we've had these summit meetings with the other elected that we go well we need transparency we can't just rely on the filing of a 990 federal form we actually need transparency and we need County Council review. It seems like we keep trying to go back to the CIB to say well this is what we need and then try to force it into a 501 (C)(3). It seemed to me, and I'm speaking just for me, that the concerns seems to be about the fact that there' s a party breakdown that there is a requirement that at least three ofthe members be of the opposing party. I personally don't have an issue with that and I actually think it' s a good model I don't see that that' s, but that seems to be a road block for some folks . There's no way to get over that or pass that because it is State statute.

(Rice) Right. That has been an objection that has been voiced by City staff when we talked about it. They are concerned about bipartisan involvement on a board and I have expressed to them that, you know, we have a bipartisan county and our County Commissioners support a convention center that serves all and that is led by a wide group of people. I will also say that a concern that has been expressed by City staff is it seems to be an objection about the county control of a CIB, the fact that the County Commissioners create it, the fact that the budget has to be approved by the County Council, that the fact that the bonds would be approved by the County Commissioners and it's sort of like, hey yeah, of course you guys like it but hey. I think you guys have addressed that by providing 3-3-1 representation on the board. And I will remind folks that all of the taxes which support a convention center are enabled by the County. So the Innkeepers Tax is enabled by Monroe County. The Food and Beverage Tax is enabled by Monroe County. State wide convention centers are county wide economic development tools. pg.8

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So it makes sense to have county review of that when the underlying tax dollars, all of them, are enabled by the county. So I strongly encourage you to support the CIB legislation and I like the fact that you're introducing today, taking an opportunity for public comment, for the City to comment on it, then you can have time next week to adopt it.

{Thomas) I think I would really like to have the public if they want to come next week or they could email us as well to have the opportunity to comment on this. But the other issue to is that no matter which ever, whether we go with a CIB or 501{C) {3) which clearly we're not impressed with, that either way the City Council has a roll every year because every year they have to go to the Food and Beverage Advisory Commission and ask for the food and beverage tax revenue to be carried over to that CIB organization. And so every year they have an input and every year they have the opportunity to also review the budget, which I think is really a great thing because then you've got the county review process, you've a city review process and as Mr. Cockerill pointed out at a previous meeting that the Plan Commission and the City Council as a result has a say in the design because it has to pass the City Plan Commission.

{Cockerill) And I think that as we go through the interlocal process and as we go through the agreement process, you know I think there could be an argument made that once the City Council approves the funding for the bond, they've approved the funding for the bond and they don't really have that year to year review for their funding purposes, but there is nothing to say that the agreements between the CIB and the City or the CIB and the County or the County and the City, couldn't address all those issues. I mean we could put a provision in our interlocal that the County Council will not review this until after the City Council has reviewed it. I mean it's similar with what we've done with dispatch, I mean those are not entirely new kind of thoughts that we've had with other areas of our operation.

(Jones) I just want to come back to the, what do you ca ll it a bicameral appointment, we see that in many of the boards and commissions that have been created by state statute and that's very intentionally done to make sure that all of the community is represented. Just because a majority of the people in the community vote in one way doesn't mean that there's not a very large minority that feels quite differently about things. And it is our responsibility to hear from the entire community how they feel about things. So I' m actually very much in support of appointments from the variety of political appointments.

(Githens) I also would like to say that I'm strongly in favor of a CIB rather than a 501{C) {3). One of the pieces that we heard at the recent joint meeting was that a 501 {C)(3) has to be authorized basica lly by the IRS and that could take 4-6 months and we don't want to wait 4-6 months to get this off the ground. And we're not guaranteed that that 501 {C) {3) would be approved. So that could just be a huge delay where we could just get back to a CIB again. So I'm behind this because I want to move forward.

{Thomas) I would also just for the community we would like to hear from you and I know that 10 o'clock on a Wednesday may not be ideal but we invite you to send your comments or questions to us via email or you can call our office. All of our email addresses are available on pg.9

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the website directly, just click on it and you can email us. We would like to hear from you

before we take this vote. There's still other things to talk about and other things to agree on but we really are at the point where we find ourselves going around and around and we feel like we' re making progress and then we come back and we find that we don't feel like there's

any progress that's been made at all and we need to move forward. We really need to move in a positive direction and we're excited to work with our partners in the City, we're excited to

work with the City Council, the Mayor and the County Council to make all this happen. But

unless we really set our minds to it we won't have that forward progress we could lose it and I

don't want that to happen. I appreciate everyone's input, thank you to our staff for working on

that.

X. APPOINTMENTS • NONE

XI. ANNOUNCEMENTS

• Public meeting for the Bicentennial Pathway project will be held December4,

2019, 6pm at Bloomington Township Fire Station, 5095 N Old SR 37. A powerpoint presentation will also be available on the County website

www.co.monroe.in.us

• Bloomington Early Music Group will host a holiday concert Saturday, December

7th at 7pm, in the courthouse rotunda.

• Accepting applications for all boards and commissions. Plat Committee currently

has two openings. For more information about the boards and commissions you

may go to www.co.monroe.in.us

• Next Commissioners' Meeting: December 11, 2019, lOam in the Nat U Hill meeting room, 3rd floor of the courthouse.

XI. ADJOURNMENT

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The minutes of the December 4, 2019 Board of Commissioners' meeting were approved on December 11, 2019.

Ayes:

Julie Thomas, President

Lee Jones, Vice President

Penny Githens

Attest:

Catherine Smith, Auditor

pg. 11 Board of Commissioners December 4, 2019 Meeting Minutes

Monroe County Commissioners

Nays:

Julie Thomas, President


Penny Githens

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In response to Mayor John Hamilton's December 3, 2019 letter we would like to share the following statement with you. We wholly support the Project, as we have made clear in all our written communications and public statements. We truly appreciate the city's and county's attendance at all of our joint meetings regarding the project. However, we have come to a point when we must quit talking and actually agree upon and execute a written agreement.

We owe it to the public to resolve this so the project can move forward with mutual support.

With that in mind, we respectfully ask and state the following:

1. We ask for the city's agreement to the creation of a Capital Improvement Board ("CIB") with 3-3-1 representation. A CIB is the only authority proposed so far which is cloaked with the immunity provided to governmental entities. We do not think a 501(c)(3), which will ever have the same protection from liability. As pointed out last night at the Food and Beverage Tax meeting, a 501(c)(3), would cost $75,000/year for tort-claim insurance. When millions of taxpayer dollars are at stake, we do not believe that any governing structure other than a CIB will suit the needs of this community.

2. We ask for a written agreement that will give the CIB real authority and control, not just "oversight." The written agreement needs to specifically empower the CIB to decide the site for all structures, including the new Center, the hotel, and the garage- subject to necessary approvals by regulatory authorities. The CIB must also be given authority to enter into a contract for design of the Project, including all accessory structures.

3. We ask that no contracts, agreements, or purchases related to the Project be entered into or agreed to unilaterally, by either Monroe County or the City of Bloomington or a related entity, other than a CIB.

4. We ask the County Council to provide, at their meeting on December 6, 2019, at 3:00 p.m., a firm deadline for the City and County to reach agreement. The public deserves absolute honesty and transparency. We do not believe that agreements worked out by our staffs meet that standard.

5. We will make ourselves and our staff available to negotiate terms of an agreement consistent with the above. We want to sign an agreement to the above-stated terms on or before Friday, December 6'h at noon. We will post notice of a meeting on December 6'h at 3:00p.m., so that we may join the County Council at their meeting, which was recessed yesterday and continued to that date and time, in the Nat. U Hill Meeting Room.

6. We will work with you, in good faith and expeditiously, to draft and agree upon an interlocal agreement and any and all necessary legal requirements required to put the pieces ofthis puzzle in place.

7. The County Council passed the Food and Beverage Tax in order for the city and county to work collaboratively on the expansion project. We would like to see that happen.

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MONROE COUNTY BOARD OF COMMISSIONERS WORK SESSION AGENDA

MONROE COUNTY COURTHOUSE JUDGE NAT U. HILL Ill MEETING ROOM

BLOOMINGTON, INDIANA December 4, 2019

1 . Auditor Department a. For next week's agenda- Ordinance amending MC Code Chapter 266-17.

2. Legal Department a. Approve Ordinance 2019-47; lnterlocal for Animal Management and Shelter

with Town of Ellettsville and City of Bloomington. Ratification and discussion on next week's agenda.

Thomas made motion to approve. Jones seconded. All in favor. b. For next week's agenda - Modified Highway Department contract. c. Approve Commissioner President to proceed and execute any purchase

agreement with three (3) property owners regarding the Quarry project. Ratification and discussion will come back to a future formal meeting.

Jones made motion to approve. Githens seconded. All in favor.

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Date to be heard: 112-11-19 ===============' Item for Formal Meeting? 0 OR Item for Work Session I Discussion D (Ex: Routine items, continuing grants) (Ex: Public interest items, Ordinance changes, new grants and

grants that add personnel)

Title of item to appear on the agenda: . rnclude VENDOR 's Name in title if appropriate Centerstone Memorandum of Understandmg (MOU)

Reentry Program

All Grants must complete /he following

Is this a grant request? Yes D Grant Type: Reimbursement/Drawdown D Up Front Payment 0

Federal Agency: "'r===========:; Federal Program: .

CFDA#~I =======

New Grant to the County?


Amount Received Federal: State:~~ :....!:======l

YesD

Federal Award Number and Year: ========~ Or other identifying number

Local Match: I Total Received';--:-;::1 ===~........,

.-----------------------------------------------, Pass Through Entity!::::::==========="""


Fund Name: !Justice Partners SIM 93.788 Fund Numbd8160 Amount: l$60,000 I ~~======~

If there is a monetary number in the Amount Box, you HAVE to include the Fund Name & Number. IF this is a grant waiting on the

Executive Summary: creation of a Fund Name & Number, indicate that in the boxes.

The Monroe Circuit Court received $60,000 grant funding to to create a Reentry Program for persons being released from incarceration onto community supervision. [Note: the grant runs from December 1, 2019 through November 30, 2020. Another $60,000 grant will be available for Dec. 1, 2020 through Nov. 30, 2021].

The target population will be offenders being released onto community supervision from the Monroe County Jail.

The Reentry Program will be staffed by a certified Recovery Coach, employed by Centerstone (Community Mental Health Center), paid through the terms of this Memorandum of Understanding (MOU).

The Recovery Coach will be a full time employee of Centerstone, with 100% of the employee's work time devoted to this Reentry Program.

The Recovery Coach will develop and implement- along with offenders and other partners within the Monroe County Jail, Monroe Circuit Court Probation Department and local treatment agencies - a Transition Accountability Plan geared directly to the offender's risk and criminogenic needs as determined by the Indiana Risk Assessment System (IRAS). The Transition Accountability Plan (TAP) will serve as a guide for the offender and case management team that describes the goals identified for each offender's successful transition and the schedule of actions that need to be taken by the offender, jail staff, releasing authority (court), community supervision staff, partnering treatment agencies, and others to achieve those goals.

The Probation Department and Monroe County Jail will provide space and access for the Recovery Coach to meet with mutual clients/participants.

Person Presenting: ..!::IL=in=d=a===B=ra=d~y========~ Department: ~~P~ro~b=a=ti=o=n=========d

Attorney who reviewed:

Submitted by: ~IL=in=d=a=B=ra=d=y=============== Date: 11 2-4-19

Each agenda request and all necessary documents to the Auditor' s Office (Anita Freeman) at: [email protected] AND to tbe Commissioner's

Office e-mail: [email protected]. in.us

1: i

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MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN

THE CENTERSTONE OF INDIANA, INC. (Centerstone) AND

MONROE CIRCUIT COURT PROBATION DEPARTMENT (Probation) FOR

REENTRY PROGRAM

SOURCE OF FUNDING 2019 Justice Partners Grant (Federal State Opiate Response grant to Indiana Family and Social Services. subgranted to Indiana Office of Court Services). The Monroe Circuit Court was awarded this grant to create a Reentry Program for persons being released from incarceration onto community supervision with the Monroe Circuit Court Probation Department.

TARGET POPULATION The target population: offenders being released from the Monroe County Jail onto conununity supervision with the Monroe Circuit Court Probation Department. [NOTE: as resources allow, the project could expand to serve offenders being released from the Indiana Department of Correction to the supervision of the Monroe Circuit Court Probation Department]. 1. Persons with a history of violating probation/problem solving court/community corrections supervision

conditions and/or repeat offenders; 2. 18 years of age or older; 3. Indiana resident; 4. IRAS score moderate to high (if known); 5. Individuals with a history of substance use disorder or co-occurring disorder.

PROGRAM PURPOSES Purposes of the program for which grant funds were sought: 1. Reduce risk of participants resuming substance use upon release from jail; 2. Increase participants' stabilization of mental health symptoms; 3. Increase overall engagement/treatment completion; 4. Increase participants' life skills (i.e., employment, handling emotions, developing and utilizing a support

system in the community) and ability to manage reentering the community with more coping skills in place; 5. Allow for a seamless transition from incarceration into community-based treatment services; 6. Decrease likelihood of recidivism; and 7. Increase readiness for living in the community by providing: Transferrable Life Skills; Transferrable

Relapse Prevention Skills; Reentry Transition Plan; and connection to Centerstone another community resources.

STAFFING The Reentry Program will be staffed by a certified Recovery Coach, employed by Centerstone (Community Mental Health Center), to be paid pursuant to the terms of this Memorandum of Understanding (MOU) between the Monroe Circuit Court and Centerstone.

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DUTIES OF RECOVERY COACH The Recovery Coach will develop and implement- along with offenders and other partners within the Monroe County Jail, Monroe Circuit Court Probation Department and local treatment agencies- a Transition Accountability Plan geared directly to the offender's risk and criminogenic needs as determined by the Indiana Risk Assessment System (IRAS). The Transition Accountability Plan (TAP) will serve as a guide for the offender and case management team that describes the goals identified for each offender's successful transition and the schedule of actions that need to be taken by the offender, jail staff, releasing authority (court), community supervision staff, partnering treatment agencies, and others to achieve those goals.

REFERRAL AND ACCEPTANCE The Monroe Circuit Court and Probation Department will identify individuals to be screened by Centerstone for the Reentry Program. Additionally, the Jail Commander (or designee) and New Beginnings Program staff may identify inmates to be screened by Centerstone for the Reentry Program. Centerstone will complete a comprehensive assessment of the referral to determine appropriateness of the Reentry Program.

DUTIES AND EXPECTATIONS OF PARTICIPATING PARTIES 1. The Recovery Coach will dedicate 100% of his/her work time to this project with the exception of training

or other administrative tasks required of other Centerstone employees with a similar role and responsibility.

2. Centers tone will invoice Probation as follows: (after budget appropriation by Monroe County Council) A. $2,000 for all start-up costs; B. Once per month, prior to the start of each month, 1/12 of the Reentry Coach's salary/fringe benefits

(total salary+ fringe= $42,590) plus 1/12 of Administrative costs (total $4,860). C. As needed, salary/fringe for back-up Recovery Coach (total $6,000). D. As needed, reimbursement for incentives (total $4,550). E. Grant year December I, 2019 through November 30, 2020. F. Total Grant funding for grant period: $60,000 ($42,590 Recovery Coach salary/fringe; $6,000 back-up

Recovery Coach salary/fringe; Administrative/Indirect ($4,860) ; Start-up/Equipment $2,000; and Incentives $4,550).

3. Probation will process Centerstone's invoices per the Monroe County Government claims process.

4. Centerstone agrees that appropriate releases of confidential information and referral forms will be completed as indicated.

5. Probation and the Monroe County Jail agree to provide access and space for the Recovery Coach to conduct business and meet with program participants.

6. Probation agrees to permit the Recovery Coach to have access to the Quest case management system for mutual program clients. The Recovery Coach shall sign and abide by the Probation Department confidentiality policies and procedures.

7. Centerstone agrees to abide by Federal Confidentiality Regulations as outlined in Title 42 of the Code of Federal Regulations governing confidentiality of alcohol and drug abuse patient records. All discussions regarding program clientele are confidential. Furthermore, all parties are bound by Part 2 of Title 42, the redisclosure provisions of the Federal Regulations.

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8. Centerstone will comply with IC 22-5-1.7-3. Specifically including the following: A. Centerstone to enroll in and verify the work eligibility status of all newly hired employees of the

contractor through theE-Verify program. B. Centerstone is not required to verify the work eligibility status of all newly hired employees of the

contractor through theE-Verify program if theE-Verify program no longer exists. C. Centerstone must sign an affidavit affirming that Centerstone does not knowingly employ an

unauthorized alien. D. Centerstone affirms by its signature that it is in compliance with IC 5-22-16.5 et seq., and does not

knowingly engage in investment activities in Iran by providing goods or services worth $20,000,000 or more in value to the energy sector of Iran.

9. All parties to this MOU will ensure that equal consideration will be given to all clients in the target population without regard to race, ethnicity, disability, color, sex, gender, political beliefs, national origin, veteran status, religion, genetic information, sexual orientation, age, or any legally-protected classification.

10. This agreement may be terminated at any time, by either party, upon 30 days written notice.

11. This MOU encourages the free flow of information between Centers tone and Probation to promote the mission of the program. Centerstone is subject to legal and ethical restrictions on disclosure, which in some situations must be observed notwithstanding either the participant's waiver or the likelihood that disclosure would benefit the Court and the participant.

12. Centers tone maintains liability insurance for the protection of Centerstone and its Board, officers, and paid and volunteer staff. Current coverage under Centerstone's liability policy provides coverage of $1,000,000 for all covered events in a policy year. Centerstone will provide a certificate of insurance naming Monroe County as an additional insured.

13. All capital items or equipment purchased in accordance with this grant (i.e., computers, etc.) are the property of Monroe County Government and will be returned upon completion of the grant period or when the MOU expires or is terminated. This should include returning any unused incentives purchased through grant funding.

APPROVED BY:

Suzanne Koesel, CEO, Centerstone of Indiana, Inc

Julie Thomas, President, Board of Commissioners

ATTEST: ______ _ _ _ _ _____ _ Catherine Smith, Monroe County Auditor

Honorable Mary Ellen Diekhoff, Presiding Judge, Monroe Circuit Court

Brad Swain, Sheriff, Monroe County

Linda Brady, Chief Probation Officer

Page- 3- of3

Date

Date

Date

Date

Date R 12-4-J 9

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Date to be heard: !December 11,2019 Item for Formal Meeting? [{] (Ex: Routine items, continuing grants)

OR Item for Work Session I Discussion 0 (Ex: Public interest items, Ordinance changes, new grants and grants that add personnel)

Title of item to appear on the agenda: . . . Include VENDOR's Name in title if appl'o riale Ordinance 2019-44, Updating MCC Chapter 440

'P Ammal Management

A !I Grants must complete the fOllowing

Is this a grant request? Yes D

Grant Type: Reimbursement/Drawdown 0 Up Front Payment D

Federal Agency: 9===========/ Federal P~ro~g~ra~m:!!.!.J: ===="F=====d CFDA#hl ========~d Federal Award Number and Year:'======~ Or other identijj4ng num~b~e,_· -----------~ Pass Through Entity"============!



Amount Received Federa~l:cb=====l State: Local M~a""tc"Ch=: ¥~~=~.~

YesO

Total Received: '------'

Contracts/Agreements/MOD- Interlocal/Ordinance/Resolution/Grant item:

Fund Number'==========' Fund Nam~e~:_b=========;=-d Amount: '-==========~ = If there is a monetary number in the Amount Box, you HA VB to

Executive Summary: include the Fund Name & Number. IF this is a grant waiting on the creation of a Fund Name & Number, indicate that in the boxes.

This updates Monroe County Code Chapter 440 with recommended updates from the Animal Management Commission. Namely: added, deleted, and revised definitions and substantive provisions of the code.

Person Presenting: .l!IL,.e~e:,!F,;·~B~a~k;;;:e.,r========,J Depattment: I~:;;L~eg!;!;a~l=========='-

Countv Le at Review rec, uired rior to submission ofthisformfor a !I contracts

Attorney who reviewed: t,=L~e~e~F=. gBgJak~e~r=======d

Submitted by: I~L~ee~F.c,'B;;a~k~er========! Date: 112/3/2019

Each agenda request and all ncccssaty documents to the Auditor's Office (Anita Freeman) at: [email protected] AND to the Commissioner's

Office e~mail: [email protected] Form Approved 1/1/19

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ORDINANCE NO. 2019-44

Amendment to Chapter 440 of the Monroe County Code- Animal Management

WHEREAS, the Board of Commissioners of Monroe County ("Board of Commissioners") serve as the legislative body for Monroe County Government; and

WHEREAS, the Animal Management Commission ("AMC") has requested that the Board of Commissioners review and adopt amendments that AMC proposes to Chapter 440 of the Monroe County Code; and

WHEREAS, the Board of Commissioners has reviewed the amendments to Chapter 440 of the Monroe County Code proposed by the AMC and finds that the amendments should be adopted.

NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners, as follows:

I. Chapter 440 of the Monroe County Code shaii be, and is, hereby amended. Chapter 440 of the Monroe County Code is attached for reference hereto and marked as Exhibit A. Underlined language is to be added and strikethrough language is to be deleted from Chapter 440 of the Monroe County Code.

2. This ordinance shaii be in fuii force and effect from and after its passage, approval, and publication according to law.

SO ORDAINED this __ day of~--------'' 2019, by the Board of Commissioners of the County of Monroe, Indiana.

BOARD OF COMMISSIONERS OF MONROE COUNTY

"AYES'' "NAYS''

JULIE THOMAS, President JULIE THOMAS, President

LEE JONES, Vice President LEE JONES, Vice President

PENNY GITHENS, Commissioner PENNY GITHENS, Commissioner

ATTEST:

CATHERINE SMITH, Auditor Date

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440-1. Definitions

EXHIBIT A

CHAPTER 440 ANIMAL MANAGEMENT

The following definitions shall apply throughout this Chapter:

"Abandoned" means any animal whose owner has knowingly, intentionally or recklessly left it unattended, without proper food, water or shelter, for twenty-four (24) hours or more.

"Altered" means any animal which has been spayed or neutered.

"Animal" means any live, nonhuman vertebrate creature domestic or wild.

"Animal Exhibition- Permanent" means any spectacle, display, act or event other than circuses, where animals perform or are displayed, with the exception of education programs presented by persons or organizations with proper state and federal education permits, as required, and which are perpetual in

nature and in a stationary location.

"Animal Exhibition- Transient" means any spectacle, display, act or event other than circuses, in which animals perform or are displayed, with the exception of education programs presented by persons or organizations with proper state and federal education permits, as required, and which are traveling shows of

a temporary duration.

"At Large" means a stray animal or any animal whose owner knowingly, intentionally, recklessly, or negligently allows the animal to stray beyond premises owned, lawfully occupied or controlled by the owner

unless under restraint.

"Auctions" means any place or facility where domestic livestock are regularly bought, sold, or traded, except

for those facilities otherwise defined in this Chapter.

"Bodily injury" means any impairment of physical condition, including physical pain.

"Breeding Kennel" means anyone who:

(1) owns or harbors ten (10) or more intact cats and/or dogs six (6) months of age or older; or

(2) produces two (2) or more litters per year issuing from cats and/or dogs owned or harbored.

"Circus" means a traveling commercial variety show that includes animal acts for public entertainment.

"Commercial Animal Establishment" means any commercial boarding kennel, breeding kennel, nonmunicipal animal shelter/sanctuary, major and/or minor pet shop, an auction unless it is a 4-H or County Fair auction, riding school or stable, zoological park, circus, animal exhibition-permanent or animal exhibition

transient.

"Commercial Boarding Kennel" means any place that boards animals for a fee.

Chapter 440/Page 1 Last Amended 1118117

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"Commercial Dog Breeder" means a person who maintains more than twenty (20) unaltered female dogs

that are at least twelve (12) months of age.

11Dangerous11 means any animal which. unprovoked:

(1} Causes moderate bodily injury to:

(a} a person:

(b) domestic pet: or

(c) domestic livestock:

(d) when off property that is owned, occupied, or controlled by the animal's owner: or

(2} Causes serious bodily injury to:

(a} a person;

(b) on two (2) or more occasions;

(c) when on property that is owned, occupied. or controlled by the animal's owner; or

(3} Causes serious bodily injury or death to a domestic pet or domestic livestock.

No K-9 patrol dog or police dog owned or kept by a law enforcement agency shall be considered a dangerous animal, as defined by this chapter, when used in the line of duty or for law enforcement

purposes.

"Domestic Livestock" means any animal, including but not limited to those listed below, which is not a domestic pet, but is kept for commercial purposes and is a member of one (1) of the following species:

alpaca; bison; elk; cattle; donkey; goat; horse; llama; mule; ostrich; emu; pig; poultry; rabbit; or sheep.

Chapter 440/Page 2 Last Amended 11/8/17

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"Domestic Pet" means any animal that is a member of one (1) of the following species and is kept for

pleasure rather than utility:

African pygmy hedgehog; cat; chicken/poultry; chinchilla; cockatiels; degu; dog; donkey; ferret; gerbil; goat; guinea pig; hamster; mouse; parakeets; pig; rat; rabbit; reptile, as defined herein; or sugar glider.

"Exotic Animal" means an animal belonging to a species, not including those specifically listed as a domestic pet or domestic livestock, that is not native to the United States, or an animal that is a hybrid or a cross between a domestic pet or domestic livestock and an animal, not specifically listed as a domestic livestock,

that is not native to the United States.

"Feral Cat" means a cat that has lived its life with little or no human contact, is not socialized, or has

reverted to a wild state.

"Feral Cat Colony" means a group of more than six (6) altered feral cats owned or harbored by a person who

provides adequate food, water and shelter.

"Harboring" means the actions of any person that permit any animal habitually to remain, lodge, or to be fed within his or her home, enclosure, yard or place of business or on any premises where such person resides or that he controls. An animal shall be presumed to be harbored if it is fed or sheltered for three (3)

consecutive days.

"Major Pet Shop" means any retail establishment engaging in the purchase and sale of cats and/or dogs, either solely or in addition to the purchase and sale of other species of animals.

"Minor Pet Shop" means any retail establishment engaging in the purchase and sale of any species of

animal, with the exception of cats and dogs.

"Moderate bodily injury" means any impairment of physical condition that includes substantial pain.


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"Municipal Animal Shelter" means any facility operated by a municipal agency, or its authorized agents for the purpose of impounding or caring for animals held under the authority of state law.

"Non-Municipal Animal Shelter/Sanctuary" means any facility operated by a person or organization other than a municipality, state, or federal government for the purpose of re-homing animals, excluding any State or Federal facility.

"Owner" means any person owning, keeping or harboring one (1) or more animals.

"Person" means any individual, firm, association, partnership, trust, estate or corporation.

uPeteRtially QaAgeret:~s, bevell" mea As any:

(1) Aniffial wRish, when un~rovol1ed, on two (2) se~arate ossasions within the ~rior thirty silc (36) ffionth ~eriod, engages in or displays any 13ehavior that requires a deJ'ensive astion 13y any person to ~revent 13odily injuP{ to the ~erson or the ~orson's own aniffial, when the ~erson or the aniffial are off ofthe ~ro~erty owned, la\llfully ossu~ied or sontrolled 13y the owneG1guardian or l1ee~er oJ'the animal; or

(2) Aniffial whish, when un~rovolced, and when off of ~ro~erty ovmed, lawfully ossupied or Eontrolled sy the owner,lguardian or lceeper of the aniffial, sa uses injury to a doAOJestiE ~et, doffiestis livestosk or to a ~ersonthat results in any oJ'the following injuries: injury whish results in 13ruising or asrasions; or iAjUP{ that results in fe·Ner thaA fuur (q) puAGtures wmmas.

"Potentially DangeroYS, bevel 2" ffieans any an aniFRal whiEh has seen dedarea a Levell potentially aangerous aniFRal aREI within thirty silc (3€i) FRonths of saia aeslaration, ·.vhen off of ~ro~erty ownea, lawfully ossu~iee or mntrollea 13y the owner/guareian or lceeper of the animal, sa uses injury to a eoFRestis ~et, EloFRestis livestoEk or to a ~erson tRat results in any of the fullowing injuries: injUP( 'NhisR results ill 13ruising or asrasions; or injury !Rat results in fe·.ver than (q) ~unstures ·.vounas. A bevel2 ~otentially aangerous aniFRal is also an animal wRish sa uses severe injury or aeath to a aomestis ~et or to doFRestiE livestodc

"Potentially Dangerous, bevel3" means any animal-whiER has seen dedared a Levell or bevel2 ~otentially aangerous animal ana sontinues, when off of ~roperty owned, lawfully oss~pied or eontrollee lly#le owneG'guareian or keeper of the animal, ana when ~nprovokeEI, to sa use iAjuries to ~ersons, aomestis pets or domestiE livestod<. A bevel 3 potentially Elangerous animal is also an animal whish, when off of property BWnea, lawfully osEY~ieEI or mntrolleEI by the ovmer/guarEiian or keeper of the aniffial, ana w-hoA unprovokea, sa uses a severe iAjury to a person or injures a person iA that the injury results in ffiur or more ~unEt~re wouAEis.

"Potentially Dangerous, Levell" means any animal which, unprovoked, when off property that is owned, occupied, or controlled by the animal's owner:

(A) Exhibits any behavior that requires a defensive action by a person to prevent bodily injury to:

(1) a person; or

(2) a domestic pet; or

(3) domestic livestock;


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(4) on two (2) separate occasions during a thirty-six (36) month period; or

(B) Causes bodily injury to:

(1) a person: or

(2) a domestic pet; or

(3) domestic livestock.

"Potentially Dangerous, Level2" means any animal which. unprovoked. when off property that is owned,

occupied, or controlled by the animal's owner:

(A) Causes bodily injury to:

(1) a person: or

(2} a domestic pet; or

(3} domestic livestock;

(B) Within thirty-six (36) months of being declared a Levell potentially dangerous animal; or

(C) Has a documented history of bite incidents within the past twelve (12) months: or

(D) Causes serious bodily injury or death to a domestic pet or domestic livestock.

"Poultry" means domesticated birds kept for eggs or meat.

"Public Nuisance" means any animal that molests passers-by or passing vehicles on public property; attacks

persons or other animals; damages or defecates on public or private property of someone other than the owner or caretaker of the animal, unless the waste is immediately removed and disposed of in a sanitary manner by the animal's owner or caretaker; barks, whines, howls or emits any other loud noise continuously for fifteen (15) minutes or for an aggregate of twenty (20) minutes in a one-hour period on more than one (1) occasion in the same six (6) month period; or otherwise interferes with the free use and comfortable

enjoyment of life or property.

"Reptile" means any air-breathing vertebrate of the class Reptilian, with the exception of:

(A] Any reptile on the Federal Endangered or Threatened Species list or on the Convention on

International Trade in Endangered Species List;

(B) Any venomous reptile, including front- or rear-fanged reptiles;

(C) Any python of a species which naturally exceeds twelve feet in length;

(D) All crocodilians, including alligators, caimans, and crocodiles;


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(E) Monitor lizards;

(F) Anacondas;

(G) Any reptile of a species native to Indiana; or

(H) Any reptile protected by state or federal law.

"Research Laboratory" means any animal research facility registered with the United States Department of Agriculture under authority of the Federal Laboratory Animal Welfare Act, 71 U.S. C.§ 2132, et seq.

"Restraint" means the securing of an animal by a leash or lead or confining it within the real property limits of property owned, lawfully occupied or controlled by its owner, caretaker or person who harbors the

animal.

"Riding School" means any person or place that provides, for monetary compensation, riding instruction, for

any horse, pony, donkey, mule, or burro.

"Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes, among

other things:

(A) serious permanent disfigurement;

(B) unconsciousness;

(C) extreme pain;

(D) permanent or protracted loss or impairment of the function of a bodily member or organ; or

(E) loss of a fetus.

"Service Dog" means any dog engaged in working or training to work for the assistance of hearing or sight

impaired, or physically handicapped or disabled persons.

"Se\•ere inj~ry" means any ~hvsical injury tea Elomestic ~et or Elomestic livesteci<that results in rnulti~le ~ites, ~rol(en ~enes, muscle tears er Elisfiguring lacerations or requires rnulti~le sutures or corrective or

COSFAetiC Sl:lrgery.

"Stable" means any place that has available for lodging, feeding, training, and/or breeding any horse, pony, donkey, mule, or burro in which the place either receives monetary compensation and/or holds the animal

for fourteen (14) consecutive days.

"Stray" means any animal that does not appear, upon reasonable inquiry, to have an owner.

"Tether" means attaching a domestic pet to a stationary object or pulley run by means of a chain, rope, tether, cable or similar restraint. Tether does not include the use of a leash to walk a domestic pet.

"Trap-Neuter-Return" means a full management plan recognized by the Animal Management Commission

that relates to the capture, neuter, and return of feral cats.


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"Unprovoked" means under normal circumstances actions not intended or likely to cause an animal to react

or respond with violent or aggressive behavior.

"Veterinary Hospital" means any establishment maintained and operated by a veterinarian for surgery, diagnosis, and treatment of diseases and injuries of animals.

"Vicious" means any animal which, when unprovoked, in an aggressive manner has bitten or attacked a person, domestic pet or domestic livestock at least three (3) times in the prior thirty-six (36) month period. A vicious animal is also an animal which has bitten a person causing seve-re serious bodily injury; or causing wounas t~at are potentially dangerous to t~e person's ~ealt~ or life; or result in permanent scarring or

aisfiguring to a person.

"Wild Animal" means any animal not a domestic pet or domestic livestock that is native to the United States, or any hybrid involving an animal that is not a domestic pet or domestic livestock, but is native to the United States, with the exception of small, non-poisonous aquatic or amphibious animals and birds of the

order Psittaciformes, canaries, and finches.

"Wildlife Rehabilitator" means any person or persons that acquire the necessary state and federal permits to allow the rehabilitation of wildlife in their homes, on their property or in a professional facility, with the intent of releasing such animals according to state and federal guidelines.

"Zoological Park" means any facility, other than a pet shop or kennel, displaying or exhibiting without the predominant purpose of selling, one or more species of non-domesticated animals.

440-2. Animal Management Commission- Establishment, Duties

(A) There is created and established an Animal Management Commission of Monroe County, which

shall have the authority and responsibility to:

(1) recommend to the Sheriff principles and standards for the management of animals within

the County;

(2) in cooperation with the Monroe County Sheriff, enforce ordinances concerning the

management of animals within the County;

(3) hear and decide appeals of ordinance violation notices issued by the Animal Management Officers, but only in those cases where the Animal Management Commission receives a written request for hearing from the recipient of the notice, or from the owner of the animals cited in the notice, within ten (10) days of the issuance of the notice. In deciding the appeal, the Animal Management Commission may affirm, modify or annul the notice; and

(4) make recommendations to the Board of Commissioners as to the necessary ordinances

concerning management of dogs and other animals.

(B) Upon request of the Monroe County Sheriff, the Animal Management Commission shall assist the Sheriff in preparing and submitting to the Board of Commissioners and the County Council an annual

proposed budget of funds adequate for the purposes of this Chapter.


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440-3. Animal Management Commission- Membership

The Animal Management Commission shall be composed of nine (9) members as follows:

(A) five (5) shall be citizens selected by the Board of Commissioners;

(B) one (1) shall be a citizen selected by the Town of Ellettsville;

{C) one (1) shall be a citizen selected from the Animal Control Commission of the City of Bloomington;

{D) one (1) shall be the Director of the Animal Shelter of the City of Bloomington; and

(E) one (1) shall be the Monroe County Sheriff or an appointee of the Monroe County Sheriff.

440-4. Animal Management Officers- Appointment, Duties, Powers

The Monroe County Sheriff shall have full supervisory authority over the Animal Management Officers, including without limitation the authority to hire, supervise, instruct, assign duties to and discharge the Officers. The powers of the Animal Management Officers shall include the power to enter real property in immediate pursuit of an animal to enforce this Chapter; however, the Animal Management Officers shall not commit a civil or criminal trespass or enter a dwelling unit without the permission of the owner of the dwelling unit unless accompanied by a uniformed law enforcement officer with a search or arrest warrant.

qqg §, Female Qeg in I-I eat

(!'.)Any female Eleg in heat shall ee confined in a e"ilding or some encles"re in s"ch a manner that the female Elog in heat cannot come into contact with a male Eleg, el(ce~t fer ~lanneEI breeEiing.

(B) The owner of any female Elog net so confines commits a Glass Q erEiinance violation.

440-5. Confinement of Intact Dog or Cat

(A) Any person who owns. harbors or keeps any intact dog or cat shall keep such dog or cat in a

secured building or enclosure.

(B) Additionally, the dog or cat shall not be confined in a manner that prevents the animal from

defending itself or from avoiding a mate.

(C) An owner of an intact dog or cat who fails to confine the dog or cat in conformance with the requirements of subsections (A) and (B) commits a Class D ordinance violation.

440-6. Potentially Dangerous, Dangerous, and Vicious Animals

{A) Request for declaration. If an Animal Management Officer or a law enforcement officer has investigated and determined that there exists probable cause to believe that an animal is potentially dangerous or vicious, the Animal Management Officer shall request a hearing by the Animal Management Commission for the purpose of determining whether or not the animal in question

should be declared potentially dangerous, dangerous, or vicious.


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(B) Hearing on Declaration.

(1} The hearing will be held at the next regularly scheduled meeting of the Animal Management Commission and shall be open to the public, provided the owner of the animal can be provided at least fourteen (14} days advance notice of the hearing.

(2} The owner of the animal shall be served with written notice of the hearing and a copy of any complaints received by certified mail or in person. The notice shall include the following:

(a) The date, time and location of the hearing;

(b) A statement that the owner, or his or her legal counsel, may present evidence and testimony as to why the animal should not be declared potentially dangerous,

dangerous, or vicious.

(3} The Animal Management Commission may consider all relevant evidence, including incident reports, affidavits of witnesses, and whether the incident reasonably indicates whether or not the animal in question is potentially dangerous, dangerous, a-flfifor vicious in ordinary circumstances where the average person could not reasonably be expected to foresee and take

measures to prevent injury.

(4} The Animal Management Commission may decide all issues for or against the owner of the animal even if the owner of the animal fails to appear at the hearing.

(5} A letter setting forth the determination of the Commission shall be given to the owner, or his or her legal counsel, by certified mail, return receipt requested, addressed to the owner's address, or his or her legal counsel's address. Immediately upon the mailing of a letter setting forth the Commission's determination to declare an animal as either potentially dangerous or vicious, the animal shall be accordingly classified as potentially dangerous, dangerous, or vicious. Concurrently, an Animal Management Officer shall notify the owner of the declaration

in person or by phone.

(6} The Commission, in rendering its decision has the authority to attach any and all reasonable conditions to its decision. To that end, the Commission may impose conditions on owners regarding the types of enclosures to be used, the types of restraint systems to be used, and other such things in order to ensure that the both the animal and the public are safe.

(C) Potentially Dangerous, Levell.

(1) The animal, while on the owner's property, shall, at all times, be kept indoors, or in a secured enclosure from which the animal cannot escape and into which children cannot

trespass.

(2} Invisible fences may be afe-f\fH permitted enclosures at the discretion of the Animal

Management Commission.

(3} The animal may only be off the owner's premises if it is restrained by a substantial leash, no

more than six (6) feet in length, and if it is under the control of an adult.


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(4) The animal's owner shall have the animal implanted with a microchip and provide the Animal Management Commission with:

(a) documentation which confirms the implant of the microchip: and

(b) the microchip identification number.

(D) Potentially Dangerous, Level 2.

(1) The animal, while on the owner's property, shall, at all times, be kept indoors, or in a secured enclosure from which the animal cannot escape and into which children cannot trespass.

(2) Invisible fences are not permitted enclosures.

(3) The animal may only be off the owner's premises if it is restrained by a substantial leash, no more than six (6) feet in length, and if it is under the control of an adult.

(4) The animal's owner shall have the animal implanted with a microchip and provide the Animal Management Commission with:

(a) documentation which confirms the implant of the microchip; and


(4,!!) The animal must be altered by a licensed veterinarian within thirty (30) days of such designation unless:

(a) A licensed veterinarian certifies in writing that the animal is incapable of reproduction; or

(b) A licensed veterinarian certifies in writing that altering the animal would be injurious to the animal's health, provided, however, that if the health condition of the animal is of a temporary nature, then the animal shall be altered immediately after the health condition has been corrected; or

(c) The Commission renders a determination that alteration of the animal is not required.

(S) TAe aAimal rn~st ee irnflaRted witR a rnicrecRif.

(E) PeteAtially <lal!gereY5, be•1el sDangerous.

(1) The animal, while on the owner's property, shall, at all times, be kept indoors, or in a secured enclosure from which the animal cannot escape and into which children cannot trespass. No secured enclosure may be used unless and until an Animal Management Officer

approves the e.nclosure.



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(3) The animal may only be off the owner's premises if it is restrained by a substantial leash, no

more than six (6) feet in length, and if it is under the control of an adult.

(4) The animal's owner shall have the animal implanted with a microchip and provide the

Animal Management Commission with:

(a) documentation which confirms the implant of the microchip: and


(4§) The animal must be altered by a licensed veterinarian within thirty (30) days of such

designation unless:

(a) A licensed veterinarian certifies in writing that the animal is incapable of

reproduction; or

(b) A licensed veterinarian certifies in writing that altering the animal would be injurious to the animal's health, provided, however, that if the health condition of the animal is of a temporary nature, then the animal shall be altered immediately after the health

condition has been corrected.

(5) The aRimal mYst ae im~laRte8 with a microchi~.

(6) Clearly visible warning signs, approved by an Animal Management Officer, shall be displayed on all entry points to the premises on which the animal is maintained warning that a potentially dangerous, dangerous, or vicious animal is being harbored on such property.

(F) Vicious.

(a) At least one ill of the signs shall be posted on the enclosure in which the animal is

maintained.

(b) Signs must inform both children and adults of the presence of a potentially

dangerous, dangerous, or vicious animal on the property.

(1) The animal, while on the owner's property, shall, at all times, be kept indoors, or in a secured enclosure from which the animal cannot escape and into which children cannot trespass. No secured enclosure may be used unless and until an Animal Management Officer

approves the enclosure.


(3) The animal may only be off the owner's premises if it is restrained by a substantial leash, of

no more than six (6) feet, is muzzled, and if it under the control of an adult.

(4) The animal's owner shall have the animal implanted with a microchip and provide the

Animal Management Commission with:

(a) documentation which confirms the implant of the microchip; and


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(4~) The animal must be altered by a licensed veterinarian within thirty (30} days of such

designation unless:

(a) A licensed veterinarian certifies in writing that the animal is incapable of

reproduction; or

(b) A licensed veterinarian certifies in writing that altering the animal would be injurious to the animal's health, provided, however, that if the health condition ofthe animal is of a temporary nature, then the animal shall be altered immediately after the health

condition has been corrected.

{S) Tl1e aAifflal ffl~st ae ifflplaAteEl witl1 a ffliEreERip.

(6) Clearly visible warning signs, approved by an Animal Management Officer, shall be displayed on all entry points to the premises on which the animal is maintained warning that potentially dangerous animal, dangerous. or vicious is being harbored on such property.

(a) At least one of the signs shall be posted on the enclosure in which the animal is

maintained. ' '

(b) Signs must inform both children and adults of the presence of a potentially dangerous

animal, dangerous, or vicious on the property.

(G) Immediate Threat. If it is determined by an Animal Management Officer or a law enforcement officer that probable cause exists to believe an animal poses an immediate threat to public safety, then an Animal Management Officer or law enforcement officer may seize and impound the animal

pending the hearing described in this Chapter.

(1) Any animal so seized shall be held until the Animal Management Commission renders a

decision in accordance with this Chapter.

(2) The owner of the animal shall be liable for the costs and expenses of keeping the animal, if the animal is later declared by the Commission to be potentially dangerous, dangerous, or

vicious.

(H) Euthanization. If an animal is declared vicious in accordance with this Chapter, the Animal Management Commission may order the animal humanely euthanized if the Commission finds that releasiAg the animal may create a significant threat to the public health, safety or welfare.

(I) Status Change, If an animal designated under this Chapter dies, sold, transferred or moved to a different location, the owner shall notify an Animal Management Officer of the changed status and

new location ofthe animal.

(1) The notice of status change must be done in writing; and

(2) Must be provided to the Department within two (2) business days ofthe change.


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(3) An animal owner who fails to notify the Department of the changed status commits a Class

E ordinance violation.

(J) Reconsideration. An owner may submit a request for reconsideration to the Animal Management Commission to have the designation of potentially dangerous. dangerous, or vicious removed from his

or her animal.

{1) Owners of Ieveil or 2 potentially dangerous dogs may submit a request for reconsideration upon the expiration of one (1) year from the date of designation, provided no further violations

ofthis Chapter have occurred.

(2) Owners of potentially ElaRgerous Elogs, dangerous or vicious dogs may submit one (1) request for reconsideration upon the expiration of three (3) years from the date of designation, provided no further violations of this Chapter have occurred.

440-7. Public Nuisance

(A) An animal owner shall exercise due care and control of his or her animal so as to prevent his or her

animal from becoming a public nuisance.

(B) An animal owner who fails to e'xercise due care and control of his animal commits a Class E ordinance violation for the first offense and a Class D ordinance violation for the second and

subsequent offenses.

440-8. Impoundment

(A) Any at-large animal (with the exception of altered cats that are wearing identification or are altered and ear tipped in the case of feral cats and are not a public nuisance), potentially dangerous animal. dangerous or vicious animal or female dog in heat that is not confined, or any animal that is a public nuisance or is suspected of being neglected, subjected to cruelty, or abandoned, and animals which have bitten persons or other animals, may be taken by law enforcement officers or by an Animal Management Officer and impounded in the City of Bloomington Animal Shelter or, if the Animal Shelter facilities are inadequate, impounded at suitable alternative facilities approved by the

Commission.

(B) If the owner of an impounded animal can be identified by a license tag or other means, the Animal Management Officer shall immediately upon impoundment notify the owner in-person or by

telephone or mail.

(C) Animals whose owner(s) are not identifiable or cannot be notified after reasonable effort shall be held for five (5) calendar days from the date of impoundment, not counting officially recognized holidays, before the animal is deemed abandoned and the shelter may dispose of the animal in

accordance with its guidelines.

(D) Animals whose owners have been notified and who do not reclaim their animal within the five (5) day period, shall be disposed of in accordance with the animal shelter's guidelines unless the owner of the animal posts a five hundred and fifty dollar ($550.00} bond, or a bond in an amount representative of the anticipated costs, if higher than five hundred and fifty dollars ($550.00}, as

Chapter 440/Page 13 Last Amended 11/B/17

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determined by the City of Bloomington Animal Care and Control Department, with the City Controller, prior to the expiration of the five (5) day period, to provide for the animal's care and keeping.

(1) The bond must be valid for thirty (30) days.

(2) The owner may renew a bond by posting a new bond in the amount of six hundred dollars ($600.00), or a bond in an amount representative of the anticipated costs, if higher than six hundred dollars ($600.00}, as determined by the City of Bloomington Animal Care and Control Department, prior to the expiration of the original bond, but may only do so once.

(3) If a bond expires and is not renewed, the animal is deemed abandoned and the shelter may dispose of the animals in accordance with its guidelines.

(E) Any animals found as part of a litter of two (2) or more shall become the property of the City of Bloomington Animal Care and Control Department and may be placed for adoption or humanely euthanized if not claimed by the owner within three (3) days of impoundment.

(F) Any animal found with severe medical conditions and/or injuries shall be assessed by a veterinarian, whenever possible. Whenever possible, humane care will be provided in order to allow the animal to remain comfortable for the duration of the five (5) day period. However, when an animal's injuries or illnesses are so severe such that the animal cannot be maintained in a comfortable fashion, the animal may be euthimized prior to the end of the five (5) day period. Any medical expenses incurred shall be the responsibility of the owner of the animal should the owner be

identified.

(G) An owner claiming an impounded animal shall pay all necessary treatment costs, transportation fees, board fees and daily fees as established by the City of Bloomington Animal Care and Control Department or as established by the owner/operator of any alternative facility that is used to impound an animal and approved by the Commission. The City of Bloomington Animal Care and Control Department may agree to waive some or all of its fines and fees at the discretion of the Director ifthe owner of an unaltered animal agrees to have the animal spayed or neutered as a

condition of its release.

(H) In addition to or in lieu of impounding an animal, a Law Enforcement Officer or an Animal Management Officer may issue to any person violating any provision of this ordinance a notice of ordinance violation and may return the animal to the owner's property if the animal can be secured safely. The County Attorney is authorized to prosecute the violation in court if the person has not

paid the fine within two (2) weeks.

(I) A person may reclaim an animal in the custody of the Animal Management Department upon

providing the following:

(1) proof of ownership or the authority to act as the owner's agent;

(2) identification such as a driver's license; and

(3) payment of redemption costs and any other service/medical costs, as approved by the Director of the Bloomington Animal Care and Control Department.


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(J) A cat or dog that has been previously taken by law enforcement officers or by an Animal Management Officer and/or impounded as an at-large animal and is now being returned to its owner or redeemed for the second or subsequent time within the last twelve {12) months will be required to

be:

(1) implanted with a microchip by the City of Bloomington Animal Care and Control Department at the owner's expense prior to redemption, or, if returned, the owner shall have the implant done within thirty (30) days of being notified such action is required, for the purpose of future

identification and recovery;

(2) spayed or neutered by a licensed veterinarian at the owner's expense prior to the shelter relinquishing the cat or dog to the owner, or, if returned, the owner shall have the animal spayed or neutered within thirty {30) days of being notified such action is required. Should cost be an issue, the City of Bloomington Animal Care and Control Department may enter into a payment agreement with the owner or the owner may sign over ownership rights of the animal

to the Department;

(3) the owner of the cat or dog shall be notified of the microchip implant and spay or neuter of the animal when they request the relinquishment of the cat or dog.

(4) The owner may request, in writing, a hearing before the Animal Management Commission prior to the microchip and spay/neuter. Such request must be made at the time the cat or dog is released to the owner. Such request must include the current mailing address of the owner. If such request is made, the cat or dog shall be released to the owner at that time. The appeal shall be heard by the Animal Management Commissions, with notice being sent in accordance with Section 440-6(A)(3) to the address the owner provided. If, after hearing, the Animal Management Commission rejects the appeal, then the owner must provide proofto the Animal Management Officer that the cat or dog must be spayed or neutered within thirty (30) days.

(5) Failure to provide proof under Section 440-8 (J)(4) is a Class E ordinance violation. Each day after the thirty (30) day period the required proof is not provided is a separate offense.

440-9. Impoundment for Animal Bite

(A) If an owned dog, cat, or ferret has bitten a person, and the owner does not provide proof that such animal is vaccinated for rabies, the animal may, at the discretion ofthe Animal Management Officers, be impounded in the City of Bloomington Animal Shelter, a veterinary hospital or at a place acceptable to the Animal Management Officers, at the owner's choice and expense, for a period of ten (10) days in order to determine whether or not the animal has rabies. If the animal dies during the ten (10) day period, it shall, at the owner's expense, be sent to the proper authorities to determine whether or not it was rabid. Other animals which have bitten a person shall be handled in accordance with the current compendium, published by the state, for animal rabies control, with all

expenses being the responsibility of the animal's owner.

(B) If an owned dog, cat or ferret has bitten a person, other than a person in the owner's immediate family, and owner does provide proofthat such animal is vaccinated for rabies, the animal may at the sole discretion of the Animal Management Officer be impounded in the City of Bloomington Animal Shelter, a veterinary hospital or at a kennel acceptable to the Animal Management Officers, at the owner's choice and expense, for a period of ten (10) days in order to determine whether or not the


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animal has rabies. If the animal is not impounded, then the owner must quarantine the animal for a ten (10) day period in accordance with instructions from the Animal Management Officer. If the animal dies during the ten (10) day period, it shall, at the owner's expense, be sent to the proper authorities to determine whether or not it was rabid. Other animals that have bitten a person shall be handled in accordance with the current compendium, published by the state, for animal rabies control, with all expenses being the responsibility of the animal's owner.

(C) If a stray dog, cat or ferret has bitten a person or animal, it shall be confined in the City of Bloomington Animal Shelter for ten (10) days only. At the end of the ten (10) day period, if unclaimed,

the animal may be euthanized.

(D) If an animal has bitten another animal, other than one owned by the owner, the animal may be impounded in the City of Bloomington Animal Shelter, a veterinary hospital or at a kennel acceptable to the Animal Management Officers, at the discretion of the Animal Management Officer. The conditions of the impoundment shall be the same as sections (A) and (B).

(E) An owner who fails to impound an animal after receiving notification to do so by an officer of the Animal Management Department or the Monroe County Health Department commits a Class D ordinance violation. If the owner fails to comply, the Monroe County Sheriff's Department may impound the animal at the owner's expense. Each day that the owner fails to impound the animal

constitutes a separate violation.

440-10. Dogs, Cats and Ferrets atul Cats Not Immunized Against Rabies

(A) It is unlawful to own or harbor a dog, cat or ferret over the age of three (3) months which is not

immunized against rabies.

(B) The Animal Management Officers &fla.ll may report any person who owns or harbors a nonimmunized dog to the Monroe County Prosecuting Attorney's Office for prosecution under Ind. Code

§ 35-46-3-1.

(C) The Monroe County Health Administrator may order the destruction or impoundment of a domestic animal, or the destruction or impoundment of any domestic animal bitten by a rabid animal,

pursuant to Ind. Code§ 15-2.1-6-11.

(D) Dogs and cats must wear the rabies immunization tag issued by their veterinarian at all times.

(E) Owner~ of dogs, cats and ferrets must keep and maintain proof of vaccination for their animal.

(F) Any person who violates this section commits a Class E ordinance violation.

440-11. Wild or Exotic Animals

(A) No person shall keep or permit to be kept on his or her premises any wild or exotic animal for any purposes, except as provided in section (B). This section shall not be construed to apply to federally licensed zoological parks, animal exhibitions, or federally licensed research laboratories or licensed wildlife rehabilitators or licensed wildlife educators while they are acting within the scope of their

license.


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(B) Any person possessing a valid state permit to possess a Class 1 or Class 2 wild or exotic animal may possess the animal in Monroe County, Indiana, provided that he registers the animal with the Animal Management Commission prior to bringing the animal into the County. Except as permitted in section (A), possessing or harboring Class 3 wild or exotic animals is prohibited in Monroe County, Indiana, regardless of whether the owner holds a state or federal permit.

(C) Any person who violates this section commits a Class D ordinance violation, unless the violation involves a Class 3 animal, in which case the violation shall be a Class C ordinance violation.

440-12. At-large Dog, Costs for Removal and Storage of any At-large Animal

(A) An owner shall not allow his dog(s) to travel or roam beyond his premises unless under restraint. This section does not apply to dogs when engaged in lawful hunting, accompanied by the owner or

custodian or any other activity expressly permitted by state law.

(B) A person who violates this section commits a Class E ordinance violation unless the animal is an atlarge dog that is intact (has not been spayed or neutered and is over the age of six (6) months), which is a Class D ordinance violation. If, however, within ten (10) days of the violation, the dog owner submits to the Monroe County Animal Management Officer a receipt or a verified statement from a licensed veterinarian which demonstrates that the dog has been spayed or neutered, then the violation will be reduced to a Class E ordinance violation.

(C) In addition to any fines specified in this Chapter, any person who allows or causes any animals to travel or roam onto, or to be found on, a public highway or other public property shall be liable for the cost of removal and storage of said animals.

(D) It shall be an affirmative defense to an at-large violation that the dog is under reasonable control and the owner or custodian has permission of the property owner to have the animal unleashed on

the property.

440-13. At-large Cat

(A) An owner shall not allow his/her cat to travel or roam beyond his/her premises unless the cat has been altered and is wearing identification or is altered and ear tipped in the case of feral cats. However, altered cats not kept under restraint at all times are still subject to the public nuisance requirements set forth in Section 440-7.

(B) A person who violates this section commits a Class E ordinance violation unless the animal is an atlarge cat that is intact (has not been spayed or neutered and is over the age of six (6) months), which is a Class D ordinance violation. If, however, within ten (10) days of the violation, the cat owner submits to the Monroe County Animal Management Officer a receipt or a verified statement from a licensed veterinarian which demonstrates that the cat has been payed or neutered, then the violation

will be reduced to a Class E ordinance violation.

440-14. At-Large Other Domestic Pet

(A) An owner shall not allow his/her domestic pet to travel or roam beyond their premises.

(B) A person who violates this section commits a Class E ordinance violation for each animal at-large.


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440-15. At-large Livestock

(A) An owner shall not allow his/her domestic livestock to travel or roam beyond their premises.

(B) A person who violates this section commits a Class D ordinance violation for each animal at-large.

440-16. At-large Wild or Exotic Animals

(A) An owner of a wild or exotic animal shall not allow the animal to travel or roam beyond their

premises.

(B) A person who violates this section commits a Class C ordinance violation.

440-17. Animal Care-Domestic Pets

(A) Every owner of a domestic pet within the County shall see that his/her domestic pet has proper

and adequate shelter, medical care, grooming, food and water.

(B) Any domestic pet shelter must be structurally sound, moisture proof and windproof shelter large enough to keep the domestic pet reasonably clean and dry and provide adequate protection from the cold and heat, including bedding to provide insulation and protection against cold and dampness and

promote the retention of body heat. Shelter must be placed in a dry area free of debris, feces, and

standing water.

(C) No chain or tether shall weigh more than 1/8 of the domestic pet's body weight.

(D) Any chain or tether shall be at least ten (10) feet in length and have swivels on both ends, so as to

reduce the likelihood of entanglement.

(E) Any chain or tether must be attached to a properly fitting buckle-type collar or harness worn by the domestic pet. Choke collars and pinch collars are prohibited for purposes of tethering a domestic pet to a stationary object or cable run. A person may not wrap a chain or tether around an animal's neck. A chain or tether used to restrain a domestic pet must, by design and placement, be unlikely to

become entangled.

(F) It shall be unlawful for the owner of any domestic pet to keep or maintain the animal on a tether for a period of more than ten (10) continuous hours, and no more than twelve (12) hours in any twenty-four (24) hour period or for any duration under conditions which threaten the health, or well

being ofthe domestic pet.

(G) Any chain or tether shall be of appropriate length configuration to:

(1) Confine the animal to the ownerfguar~iaA/coloAy caretalwr's property;

(2) Prevent the animal from advancing to the edge of any public right-of-way;

(3) Prevent the chain or tether from extending over an object or an edge that could result in

injury or strangulation of the animal; and/or


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{4) Prevent the chain or tether from becoming entangled with other objects or animals.

(H) It shall be unlawful for the owner/g~ardiaA/celeAy caretal<er of any animal to keep or maintain

the animal on a tether under any of the following conditions:

{1) At a vacant property; and/or

{2) Between the hours of 11:00 p.m. and 6:00a.m.

(I) It shall be unlawful for any unaltered animal which is six months of age or OOkf younger to be

tethered.

(J) A muzzle may not be worn continuously as a means for controlling barking.

{K) A person may not restrain a domestic pet in any manner unless it allows the animal to have access to necessary shelter, water and food. Necessary shelter includes the domestic pet having the ability to sit, stand, and turn around without coming into contact with excrement.

(L) A person may not restrain a domestic pet in a manner that allows the domestic pet to move outside property owned, lawfully occupied or controlled by their person.

(M) AAy ~erssA wtle swAs, karbers sr kee~s aAy iAtact female dsg er cat sf1all, d~riAg ttle ~erisd tkat s~cR aAimal is iA tleat sr iA estrus, keep sueR esg er cat iA a sec~ res area ttl at preveAts a male Eleg sr cat frsm tlaviAg access te s~cR female e>me~t fer csAtrslled breeeiAg ~ermitted by ttle ewAer sf tf1e female. AEleitieAally, ttle female dsg er cat stlall Ast be ctlaiAed sr tettlered iA a maAAer ttlat

~reveRts tler frem defeAdiAg tlerself er frsm aveidiAg a mate.

{NM) It shall be unlawful for any person to place or confine or allow any domestic pet to be confined in such a manner that it must remain in a motor vehicle, trailer or pet carrier under such conditions for such period of time as may cause suffering or endanger the health or well-being of the domestic

pet due to extreme temperature, or lack of food or water.

(QN) A domestic pet's owner who fails to exercise due care and control of his animal, as prescribed in this section, commits a Class E ordinance violation for the first offense and a Class D ordinance

violation for the second and subsequent offenses.

440-18. Animal Care-Domestic livestock

(A) Domestic livestock must be provided adequate care, including adequate food and water, shelter

as needed, and vet care as needed.

(B) A domestic livestock's owner who fails to exercise due care and control of his animal, as prescribed in this section, commits a Class E ordinance violation for the first offense and a Class D

ordinance violation for the second and subsequent offenses.

440-19. Torture or Abuse of an Animal

[Section Deleted]


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440-20. Animal Management Fund

All fines, fees and penalties collected pursuant to this Chapter shall be deposited into a dedicated, non-reverting fund to be known as the Animal Management Fund. Monies in the Fund may be spent only after an appropriation approved by the Monroe County Council. This Fund shall continue until such time as it is rescinded by action of the Board of Commissioners, in which event, any monies left in the fund will revert to the Monroe County General Fund.

440-21. Giving Animals as Prizes

(A) No person shall give away any live animal, fish, reptile or bird as a prize for, or as an inducement to enter into any contract, game or other competition or as an inducement to enter a place of amusement; or offer such vertebrate as an incentive to enter into any business agreement in which the offer was for the purpose of attracting trade.

(B) No person shall auction any live animal except as described in subsection (C).

(C) This provision shall not apply to the giving of or auctioning of domestic livestock or horses as prizes

or otherwise.

(D) Any person who violates this section commits a Class D ordinance violation. Each act of giving an animal as a prize, as defined in this section, constitutes a separate violation.

440-22. Habitual Offender.

(A) An Animal Management Officer may ask the Animal Management Commission to declare an owner a habitual offender in two instances:

(1) If the owner is found to have violated any provision(s) of this Chapter on at least three (3) separate occasions within the same twenty-four (24) month period of time; or

(2) If the owner of an animal which has been declared potentially dangerous. dangerous, or vicious fails to comply with the terms and conditions required by this Chapter and the Animal Management Commission for maintaining such an animal.

(B) The Animal Management Commission shall schedule a hearing on the Animal Management Officer's request. The hearing shall not occur unless the permit holder has been given at least

fourteen (14) days advance notice of the hearing.

(C) The owner shall be entitled to appear at the hearing, with or without legal counsel, and shall be

permitted to testify, present evidence, and present a defense.

(D) The Animal Management Commission shall consider all evidence and upon conclusion of hearing said evidence, the Commission shall either declare the owner a habitual offender or not make any

such declaration.

(E) A letter setting forth the determination of the Commission shall be given to the owner, or his or her legal counsel, by certified mail, return receipt requested, addressed to the owner's address, or his


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or her legal counsel's address. Immediately upon the mailing of the letter setting forth the Commission's determination, the owner shall be declared to be a habitual offender. Concurrently, the Director shall notify the owner of the declaration in person or by phone.

(F) In declaring an owner to be a habitual offender, the Animal Control Commission has the authority to take any or all of the following actions and issue the following orders:

(1) Fine the owner in acwr~ance twice the amount of the applicable penalty for a Class D

ordinance violation.

(2) Void the owner's ownership of the relevant animal(s) and allow the City's Animal Care and Control Department to take possession and ownership of said animal(s), knowing the Department may euthanize or adopt the animal(s) as appropriate.

(3) Require the owner to take steps to rectify whatever problem(s) has caused his or her declaration of habitual offender. Examples may include building a fence if the animal is constantly at-large or buying and using a bark collar if the animal is constantly a public

nuisance.

(G) Owners who have been declared Habitual Offenders may submit a request for reconsideration upon the expiration of one (1) year from the date of designation, provided no further violations of this

Chapter have occurred.

440-23. Appeals.

(A) Any person directly affected by a decision of any Animal Management Officer, or by a notice issued under this Chapter, shall have the right to appeal to the Animal Management Commission.

(1) All appeals shall be filed in writing.

(2) All appeals shall be delivered to the Monroe County Legal Department.

(3) All appeals shall be filed within ten (10) calendar days of the decision or notice being

rendered.

(B) Appeals of any decision rendered by the Animal Management Commission may be appealed to the Monroe County Circuit Court, provided said appeal is filed with the Circuit Court within ten (10) days of receipt of the Commission's written decision, order or findings.

[end of chapter]


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Date to be heard: !:::;11,;;;2/=1=1/=20=1=9===::::::! Item for Formal Meeting? [{] (Ex: Routine items, continuing grants)


Title of item to appear on the agenda: . . include VENDOR's Name in title if appropriate Ordtnance 2019-45 - An ordmance to amend

Monroe County Code Chapter 266-17.

All Grants must complete the following

Is this a grant request? Yes 0

Grant Type: Reimbursement/Drawdown 0 Up Front Payment D

Federal Agency: '=i============tFederal Program: 1

CFDA # ~I ==========~ Federal Award Number and Year:!========::::! Or other identifying number .-----------------------, Pass Through Entity!::::::===========::!

New Grant to the County? Yes 0


Amount Received Federa~l:...!: ======: State: Local ~M~a=tc=;=h=: :;:;:1 ==;;;;;;;;;;;;:,__, Total Received: I '-----------'

Contracts/Agreements/MOD- Interlocai/Ordinance/Resolution/Grant item:

Fund Name: FundNumbe~========::::! Amount:~~ ~==========;===,! If there is a monetary number in the Amount Box, you HAVE to

Executive Summary: include the Fund Name & Number. IF this is a grant waiting on the creation of a Fund Name & Number, indicate that in the boxes.

Ordinance 2019-45 is an ordinance to amend Chapter 266 of the Monroe County Code by removing the date restriction for completion of the Section 266-17 Annual Certification Form in Chapter 266-17.

The annual certification form is a state prescribed form requesting certification of compliance to state and county anti-nepotism requirements. Monroe County Code currently requires this certification to take place between December 15 and December 31 of each year. As the restrictive date span for completion of the form has proven to hinder compliance, review of Indiana Code was completed to determine whether or not the date restriction is necessary. Review of code determined the statute only requires the certification be completed by December 31st. As the date restriction for compliance in Monroe County Code is unnecessary, I am asking the Commissioners to consider an amendment.

Please review the provided information and, if agreeable, approve the proposed ordinance.

Person Presenting: -'=IB=r=ia=n=n=e=G=re,:;;g~o=ry~=====~ Department: !i::IA=u=d=ito=r= ==========i.

Submitted by: IBrianne Gregory Date: 11 2.4.19

Each agenda request and all necessary documents to the Auditor's Office (Anita Freeman) at: [email protected]. in.us AND to the Commissioner's

Office e-mai l: [email protected]. in.us Form Approved III/ 19

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ORDINANCE 2019-45

An ordinance to amend Chapter 266 of the Monroe County Code by removing the date restriction for completion of the Section 266-17 Certification Fonn in Chapter 266-17 (B).

WHEREAS, the form currently in Section 266 of the Monroe County Code is a State prescribed form asking purchasing agents to certiry compliance with State and County Antinepotism requirements.

WHEREAS, the County has adopted a more stringent code than the State, requiring all employees with access to County funds to complete the certification.

WHEREAS, the restrictive date span for completion of the certification form has proven to hinder compliance to the County certification requirement.

WHEREAS, the statute only requires that the certification is completed no later than December 31 '', and does not speciry a date range for completion.

WHEREAS, the Monroe County Commissioners desire to revise Chapter 266 of the Monroe County Code by removing the items stricken through and adding the underlined in Chapter 266-17 (B).

NOW, THEREFORE, BE IT ORDAINED by the Monroe County Commissioners and the Monroe County Council as follows:

Section I. Section 266-1 7 shall be, and hereby is, added to the Monroe County Code, as follows:

266-1.

CHAPTER266

PURCHASE OF SUPPLIES AND SERVICES

Establishment

WHEREAS, IC 5-22 (the "Act") applies to every expenditure of public funds by a goverrunental body;

WHEREAS, Monroe County (the "County") is a governmental body under the Act;

WHEREAS, the Act authorizes the County to establish a purchasing agency for the County, and to establish rules for the purchase of supplies and services.

Chapter 266/Page 1

Amended 9/25/2019

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266-2.

266-3.

266-4.

266-5.

Purchasing Agency The Board of Commissioners hereby determines that it is the Purchasing Agency for the County.

Purchasing Agents

The Board of Commissioners hereby designates the following persons to serve as Purchasing Agents for the County:

(A) each elected County official; (B) each elected circuit court judge; (C) the director of Court Services; (D) the county highway superintendent and engineer; (E) each appointed county department head; (F) each employee who is designated by his or her department head

on a register maintained by the County Auditor.

General Requirements for Purchasing

Except as provided in this Ordinance, IC 5-22, as amended ftom time to time, shall govern the marmer in which supplies and services are purchased by the County.

Purchase of Services

(A) "Services" means the furnishing of labor, time or effort by a person, not involving the delivering of specific supplies other than printed documents or other items that are merely incidental to the required performance.

(B) Services providers may be selected by the Purchasing Agent through any process (e.g., request for proposals, inviting quotes, calling a specialist, etc.) the agent deems to be reasonable.

(C) A contract for services must be reduced to writing and approved by the Board of Commissioners, during a public meeting, prior to work being performed. It shall be unlawful for a person, either individually or as part of an entity or business, to act on Monroe County's behalf, to informally or formally act in a representative capacity or as an agent of Monroe County, or to hold himsel£'hersel£'itself out as having authority of Monroe County unless and until a written contract authorizing such agency has been approved by the Board of Commissioners. A violation of this subsection of the Monroe County Code constitutes a Class A ordinance Violation, as described in Monroe County Code 115-3(A)(l), and may result in the debarment of the violator (entity and/or individual) from

Chapter 266/Page 2

Amended 9/25/2019

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266-6.

266-7.

266-8.

266-9

Monroe County service contracts for up to a year.

(D) All service contracts shall be subject to the relevant provisions of the Monroe County Code of Ethics and to the contract assurances required by the Monroe County Title VI and ADA transition plans.

(E) All service contracts shall identifY the County officer or employee who shall be contacted by any service provider and/or subcontractor, regarding notices, progress reports, clarifications, requests, and matters requiring County input or approval.

Purchases Less Than Fifty Thousand Dollars ($50,000).

A Purchasing Agent may purchase supplies or services with an estimated cost of less than Fifty Thousand Dollars ($50,000) on the open market, without inviting or receiving bids or quotes.

Purchases Thousand Dollars ($50,000) and One Hundred Fifty Thousand Dollars ($150,000).

A Purchasing Agent shall follow the procedure described in IC 5-22-8-3 in awarding a contract for supplies, unless another purchasing method is required or authorized by IC 5-22 or this Ordinance.

Purchases greater than One Hundred Fifty Thousand Dollars ($150,000}.

A Purchasing Agent shall follow the procedure described in IC 5-22-7 in awarding a contract for supplies unless another purchasing method is authorized by I. C. 5-22 or this Ordinance.

Evidence of Financial Responsibility.

(A) The Purchasing Agent may include in a solicitation that an offeror provide evidence of financial responsibility in the form of a bid bond, certified check or other evidence. The amount of a bond or certified check may not be set to exceed ten percent (1 0%) of the estimated cost of the purchase.

(B) This section does not preclude the use of a performance bond in addition to the evidence of financial responsibility started above if the amount of the performance bond is stated in the solicitation.

Chapter 266/Page 3

Amended 9/25/2019

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266-10. Receiving Offers

(A) Opening of Offers.

Bids or quotes received in a response to a solicitation must be opened publicly in the presence of one or more witnesses at the time and place designated in the solicitation.

(B) Correction and Withdrawal of Bid or Quote.

An offeror may correct inadvertent errors in a bid or quote up to the time at which bids will be opened by withdrawing the bid, or by supplementing the erroneous bid and submitting a revised bid.

(C) Cancellation of Solicitation.

When the Purchasing Agent makes a written determination that it is in the County's best interest, the Purchasing Agent may cancel a solicitation or reject all offers, provided that the solicitation included information concerning the procedures for cancellation.

266-11. Request for Proposals

(A) The Purchasing Agent may make a written determination that the use of competitive bidding is not practicable or not advantageous for purchasing certain types of supplies, and that receiving proposals is the preferred method of purchasing.

(B) The following types of supplies may be purchased by making a request for proposals:

(1) computer hardware or software.

(2) communications equipment.

(C) The Purchasing Agent may conduct discussions with, and best and final offers may be obtained from responsible offerors who submit proposals determined to be reasonably susceptible of being selected for a contract award.

(D) Public Record Status of Proposals:

In order to avoid disclosure of contents to competing offerors during the process of negotiation, proposals are not open to public inspection prior to award of a contract. The Purchasing Agent may provide for the protection of vendors' proprietary information in the request for

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proposals.

(E) The request for proposals shall be conducted in the matter prescribed by IC 5-22-9.

266-12. Modification and Termination of Contracts

(A) Price Adjustments.

The Purchasing Agent may include provisions to permit price adjustments in a purchase contract. The following provisions for price adjustments may be included:

(1) Price adjustments must be computed by agreement on a fixed price adjustment before the beginning of the pertinent performance or as soon after the beginning of performance as possible;

(2) Price adjustments must be computed by unit prices specified in the contract or subsequently agreed upon;

(3) Price adjustments must be computed by costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as specified in the contract or subsequently agreed upon;

( 4) Price adjustments must be computed in such other manner as the contracting parties may mutually agreed upon; or

(5) in the absence of agreement by the parties, price adjustments must be computed by a unilateral determination by the govermnental body of the costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as computed by the governmental body in accordance with applicable rules adopted by the governmental body.

(B) Adjustments in Time of Performance. The Purchase Agent may include provisions in a purchase contract concerning adjustments for time of perfonnance under the contract.

(C) Unilateral Rights of County. The Purchasing Agent may include in a purchase contract provisions dealing with the unilateral right of the County to order changes in the work within the scope of the contract or to order temporary work stoppage or delays in time of performance.

(D) Quantity Variations. The Purchasing Agent may include in a purchase contract provisions dealing with variations between the estimated

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quantities of work in a contract and the actual quantity delivered.

266-13. Required Sources of Purchase

(A) United States Manufacturer.

The Purchasing Agent shall purchase supplies which are manufactured in the United States. For purposes of this requirement, an item is deemed to be of United States manufacture if 50% or more of its component costs (excluding the cost of assembly) are manufactured in the United States. This requirement shall not apply if the Purchasing Agent makes any of the following determinations:

(1) the supplies are not manufactured in the United States in reasonably available quantities.

(2) the price of the supplies manufactured in the United States exceeds by an unreasonable amount the price of available and comparable supplies manufactured outside the United States.

(3) the quality of the supplies is substantially less than the quality of comparably priced available supplies manufactured outside the United States.

( 4) the purchase of supplies manufactured in the United States is not in the public interest.

(5) the cost of the item exceeds Twenty-five Thousand Dollars ($25,000), and no offeror bids an item of United States manufacture.

(B) Department of Correction.

A Purchasing Agent shall purchase supplies and services produced or manufactured by the Indiana Department of Correction as listed in the Department's printed catalog unless the Agent makes any of the following written determinations:

(1) the supplies or services cannot be furnished within a reasonable time as designated by the Purchasing Agent.

(2) the supplies and services do not meet the specifications and needs of the County.

(3) the supplies and services exceed a fair market price.

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(C) Indiana Rehabilitation Center.

Unless supplies or services are produced by and purchased from the Department of Correction, the Purchasing Agent shall purchase supplies and services from the Indiana Rehabilitation Center as listed in the Center's printed catalogue unless the Agent makes any of the following determinations:

(1) the supplies or services cannot be furnished within a reasonable time as designated by tbe Purchasing Agent.

(2) the supplies and services do not meet the specifications and needs of the County.

(3) the supplies and services exceed a fair market price.

266-14. Special Purchasing Methods

A Purchasing Agent may make a purchase of supplies and services without soliciting bids or proposals in the following circumstances, provided, however, thatthe Purchasing Agent complies with the provisions ofiC 5-22-10-2 and 5-10-22-10-3:

(A) emergency conditions as authorized by IC 5-22-10-4. (B) savings to govemmental body as authorized by IC 5-22-10-5. (C) auctions as authorized by IC 5-22-10-6. (D) data processing contract or license agreements as authorized by

IC 5-22-10-7. (E) single source for supply as authorized by IC 5-22-10-8. (F) purchasing method impairs functioning of agency as authorized by IC

5-22-10-9. (G) no offer received under other purchasing method as authorized by IC

5-22-10-10. (H) evaluation of supplies or system containing supplies as authorized by

IC 5-22-10-11. (I) govemmental discount as authorized by IC 5-22-10-12. (J) single source for supply; award of contract as authorized by

IC 5-22-10-13. (K) efficiency and economic advantages as authorized by IC 5-22-10-14. (L) purchase from a person who has a contract with a federal agency as

authorized by IC 5-22-10-15. (M) acquisition of supplies through transfer from federal government as

authorized by IC 5-22-10-16. (N) acquisition of supplies through an acceptance of gift as authorized

byiC 5-22-10-17. 266-15. Rule Making

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The Board of Commissioners may, from time to time, adopt rules to govern and facilitate the purchase of supplies and services which are not inconsistent with this Ordinance or IC 5-22.

266-16. Effective Date

This Ordinance is effective upon passage.

266-17. Anti-nepotism requirements

(A) All purchases of supplies and services shall be conducted in accordance with the terms and provisions of IC 36-1-21, the terms and provisions of which are incorporated in this section by reference.

(B) Each year, between December 1 ~"'~and December 31 '',each elected official, department head, and employee who acts as a purchasing agent, shall certifY to the Board of Commissioners, in writing, the purchasing agent's compliance with this section and IC 36-1-21. The annual certification shall be made in the following form:

SECTION 266-17 ANNUAL CERTIFICATION FORM

I, , a purchasing agent for the following office or department of Monroe County, Indiana: , being first duly sworn, affinn and certifY, subject to the penalties for perjnry, that, during the calendar year , I did not violate the terms and provisions of Monroe County Code Section 266-17, and Indiana Code Chapter 36-1-21.

Dated this ___ day of December, __ _

(Signature)

(Printed Name)

(Office)

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(C) It is the intent of this section to require full compliance with Indian Code 36-1-21. Where a term or provision set forth in this chapter differs from the incorporated terms and provisions of Indiana Code 36-1-21, the more restrictive or limiting term or provision shall take precedence.

[end of chapter)

Monroe County Ordinance 2019-45 is approved this ___ day of ______ ., 2019, by the Board of Commissioners of Monroe County, Indiana.

Monroe County Board of Commissioners

''AYES" ''NAYS"

Julie Thomas, President Julie Thomas, President

Lee Jones, Vice-President Lee Jones, Vice-President

Penny Githens, Cmmnissioner Penny Githens, Commissioner

ATTEST:

Catherine Smith, Auditor

Chapter 266/Page 9

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Date to be heard: lDecember 11,2019

Item for Formal Meeting? 1ZJ (Ex: Routine items, continuing grants)


T itle of item to appear on the agenda: Include VENDOR 's Name in title if appropriate Resolution 2019-40 A Resolution declaring Property

as surplus.



Grant Type: Reimbursement/Drawdown D Up Front Payment D

Federal Agency: !:r=============i Federal Program: 1

CFDA # ~l ==========~ Federal Award Number and Year:==========! Or other identifying number Pass Through Entity!.-----------....,


County TS Pass Through 0

Amount Received

Federa~l::...!:l=======l State: Locai ~::::M=:=a=tc=:=h=: 'Fj ~=~---.

Yes O

Total Received: I ...._ ____ ___.

Contracts/ Agreements/MOD- Interlocai/Ordinance/Resolution/Grant item:

Fund Numbd!,;,;N;;,A~=========::! Fund Nam~e~:~i=N=A=========r==~ Amount: !:'::jN=A====== =====::! If there is a monetary number in the Amount Box, you HAVE to

include the Fund Name & Number. IF this is a grant waiting on the creation of a Fund Name & Number, indicate that in the boxes. Executive Summary:

The Prosecutor's Department 17 chairs that are no longer needed. The plan is donate them to a local not for profit, if they deem them worthy.

Person Presenting: -"'lJ=e=ff=C=o=c=k=e=ri=ll ========~ Department: !:jL=e~ga=l=========::!.

Attorney who reviewed :

Submitted by: =lJ=eff==C=o=ck=e=ri=ll=============== Date : 112/5/19

Each agenda request and aU necessary documents to the Auditor 's Office (Anita Freeman) at: [email protected] AND to the Commissioner's

Office e-mail: [email protected]. us

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RESOLUTION 2019-40 RESOLUTION CONCERNING SURPLUS PROPERTY

A resolution to declare certain personal property of Monroe County to be no longer needed and unfit for the purpose for which it was intended, and to be considered surplus property for purposes of disposal.

WHEREAS, the Board of Commissioners of Monroe County, indiana are empowered to declare unneeded property to be surplus property; and,

WHEREAS, the Board of Commissioners of Monroe County, Indiana, may authorize the disposal of surplus property pursuant to IC 5-22-22- et seq.;

NOW, THEREFORE, be it resolved by the Board of Commissioners of Monroe County, Indiana, that:

1. Pursuant to IC 5-22-22 Sections 3 and 6, the property set forth in the attached exhibit A shall be considered to be surplus for purposes of disposal.

2. The property Includes more than one item with an estimated value of less than five Thousand Dollars ($5,000.00); If it Is determined that the cost to sell the items is more than the estimated value, those particular items may be donated, demolished, sold as scrap metal or junked and not sold.

3. The property described in Exhibit A maybe sold at either a public auction or private sale. If any of the above-described property fails to sell at the public auction, it may be demolished or junked, or if hazardous, disposed of for recycling pursuant to contract with the Monroe County Solid

Waste District.

4. The above-described property may be removed from the Monroe County fixed asset inventory.

Adopted this __ day of December, 2019. MONROE COUNTY BOARD OF COMMISSIONERS

"YEAS'' "NAYS"

Julie Thomas, President Julie Thomas, President

Lee Jones, Vice President lee Jones, Vice President

Penny Githens, Commissioner Penny Githens, Commissioner

ATTEST:

Catherine Smith, Monroe County Auditor

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Fixed Capital Asset and Inventory Retirement Form This completed form must be provided to the HWY dept. and on file tor all items subject to surplus sale.

STEP 1 Elected Official/Department Head: Eril{a Oliphant Date: 11/14/2019

Select one: 181 Fixed Capital Asset (Item is reported to the State via Auditor) Reason for Retirement of Item: Other (Auditor: Tills represents a /lability on t11e County balance $/Jeet)

0 Inventory Item (Will have Manager+ bar code) Reason for Surplus or Disposal? Choose an Item.

If •other' or •relocated' were selected, please explain and/or Jist new proposed location: Would lil<e to relocate 17 chairs that are either no longer usable, or have been replaced, to the Habitat for Humanity Restore. Some of the chairs were obtained from the Probation Department several years ago.

Department: Prosecutor's Office

Asset/Inventory Item and Description: (i.e. table, chair, 1998 Ford Pickup Truck) 17 chairs

Were Federal Funds used to purchase? 0 YES 181 NO If ,;:0.:>, r,::::;t attac/1 approw::l to dispose from tho awarding agency OR Award nollce stating itam i::; exempt.

Elected Official or Department Head Signature: £,,~ OtAflA .. f STEP 2 Maintenance/Technical Services Department: Click here to enter text. Date: Click here to enter text.

I have reviewed the aforementioned item and agree to the proposed retirement, surplus or disposal of said item.

Asset/Inventory Item value: Click here to enter text.

Does the value of the item exceed the cost to auotion the item: 0 YES 0 NO

Vehicle or equipment remains on active Inventory or asset list until completion of Step 4, final approval and declaration from the BOC at a Public Meeting.

• Fleet Maintenance signature:----- -----------OR

• Building Maintenance signature:----------------OR

• Technical Services signature:----------------0 PICTURE OF ITEM HAS BEEN TAKEN AND ENTERED INTO THE MANAGER+ SOFTWARE. ITEM REMAINS

ON ACTIVE INVENTORY UNTIL COMPLETION OF THIS FORM. STEP3 Auditor (Capital Asset Only): Signature:--------------- Dale:------

Original Reported Value: Cllcl< here to enter text. Depreciated Value: Clicl< here to enter text.

STEP4 Commissioners/Legal ltem(s) declared Surplus at Public Meeting on: ------'-----and may be disposed of as per County Property Disposal and Surplus Procedure and IC 5-22-22 et seq.

Signature: --------------- . Date: __________ _

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Fixed Capital Asset and Inventory Retirement Form This completed form must be provided to the HWY dept. end on file for all Items subject to surplus sale.

UPON COMPLETION OF STEP 4, FORWARD FORM TO INTERNAL AUDITOR.

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Date to be heard: !December 11, 2019

Item for Formal Meeting? 0 (Ex: Routine items, continuing grants)

OR Item for Work Session I Discussion 0 (Ex: l'ubl ic interest items, Ordinance changes, new grants and grants that add personnel)

Title of item to appear on the agenda: . . . include VENDOR 's Name in title if appropriate Approval of Contract With Hart lnterCIVIC for the

purchase of election equipment.



Grant Type: Reimbursement/Drawdown D Up Front Payment 0

Federal Agency: !:;=============t. Federal Program: 1

CFDA#~I ==========~ Federal Award Number and Year: =======~ Or other identifYing num,..:.b..:...er ___________ --,

Pass Through Entity"'============:!



Amount Received

Federa~I.:....!:·I====~ State: Local :=M:=a=tc=:=h=: 'FI ~=~-.,

YesD

Total Received: ._I ____ ....J

Contracts/ Agreements/MOD- Interlocal/Ordinance/Resolution/Grant item:

Fund Numbd=1=00;:,;:0"========:::::! Fund Name: !General Fund Amount: !Approximately $735,600

Executive Summary:

If there is a monetary n umber in the Amount Box, you HAVE to include the Fund Name & Number. IF this is a grant waiting on the creation of a Fund Name & Number, indicate that in the boxes.

Attached is a draft agreement for the Purchase of Election Equipment. This should be substantially the same form as presented on the 11th.

Person Presenting: ..!:;;IJ;,;e;,;,;ff,;:C;;;o:;;c;;,;k,;;;;er:,:,;il;,l ========:d Department: ~IL=e~ga=l========~

County Legal Review required prior to submission of this form for all contracts

Attorney who reviewed: !Jeff Cockerill I

Submitted by: ~IJ=eff==C=o=ck=e=ri=ll========== Date: 112/5/2019

Each agenda request and all necessary documents to the Auditor's Office (Anita Freeman) at: [email protected] AND to the Commissioner's

Office e-mail: [email protected]

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3.01 Required Terms

A) Removed:

EXHIBITS

SECTION THREE STANDARD CONTRACT INFORMATION

B) Compliance with Law. Lessor shall comply with all applicable Jaws and regulations, and indemnify and save harmless the Board for any fines or expenses of any nature which it might incur from Lessor's noncompliance, including JC 22-5-1.7-3. Specifically including the following:

LJ Contractor to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the E-Verify program.

D Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the E-Verify program if the E-Verify program no longer exists.

D Contractor must sign an affidavit affirming that Contractor does not knowingly employ an unauthorized alien.

C) Any lawsuit must be filed in the Monroe County Indiana Courts, and the Laws of Indiana govern the contract.

D) Warranty Period begins when the system is first used in an Official Indiana Election, most likely in April 2020.

E) INSURANCE a. REQUIRED COVERAGES. CONTRACTOR SHALL SECURE AND KEEP IN FORCE DURING THE TERM OF THIS CONTRACT, FROM INSURANCE COMPANIES AUTHORIZED TO DO BUSINESS IN MONROE COUNTY, THE FOLLOWING INSURANCE COVERAGES COVERING THE CONTRACTOR FOR ANY AND ALL CLAIMS OF ANY NATURE WHICH MAY IN ANY MANNER ARISE OUT OF OR RESULT FROM THIS CONTRACT:

1) COMMERCIAL GENERAL LIABILITY, INCLUDING CONTRACTUAL COVERAGE, AND PRODUCTS OR COMPLETED OPERATIONS COVERAGE (IF APPLICABLE), WITH MINIMUM LIABILITY LIMITS OF $250,000 PER PERSON AND $1,000,000 PER OCCURRENCE.

2) AUTOMOBILE LIABILITY, WITH MINIMUM LIABILITY LIMITS OF $250,000 PER PERSON AND $1,000,000 PER OCCURRENCE.

3) WORKERS COMPENSATION COVERAGE MEETING ALL INDIANA STATUTORY REQUIREMENTS, INCLUDING: A) AN "ALL STATES ENDORSEMENT" TO COVER CLAIMS OCCURRING OUTSIDE THE STATE OF INDIANA IF ANY OF THE SERVICES PROVIDED UNDER THIS

CONTRACT INVOLVE WORKOUTSIDE THE STATE OF INDIANA; AND B) EMPLOYER'S LIABILITY OR "STOP GAP" INSURANCE OF NOT LESS THAN

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$1,000,000 AS AN ENDORSEMENT ON THE WORKERS COMPENSATION ORCOMMERCIAL GENERAL LIABILITY INSURANCE IF CONTRACTOR IS DOMICILED OUTSIDE THE STATE OF INDIANA. b. General Insurance Requirements. The insurance coverages listed above must meet thefollowing additional requirements: 1) ANY DEDUCTIBLE OR SELF INSURED RETENTION AMOUNT OR OTHER SIMILAR OBLIGATION UNDER THE POLICIES SHALL BE THE SOLE RESPONSIBILITY OF THE CONTRACTOR. THE AMOUNT OF ANY DEDUCTIBLE OR SELF RETENTION IS SUBJECT TO APPROVAL BY THE COUNTY. 2) This insurance may be in policy or policies of insurance, primary and excess, including the so called umbrella or catastrophe form and must be placed and maintained for the term of this contract and any extensions with insurers rated "A" or better by A.M. Best Company, Inc., provided any excess policy follows form for coverage. The policies shall be in form and terms approved by the COUNTY. "Follows form" means the excess policy must be written with the same terms and conditions as the policy to which it is excess. 3) The COUNTY will be defended, indemnified, and held harmless to the full extent of any coverage actually secured by the CONTRACTOR in excess of the minimum requirements set forth above. The duty to indemnify the COUNTY under Section 13 shall not be limited by the insurance required in this section. 4) The COUNTY shall be endorsed on the commercial general liability policy, including any excess policies (to the extent applicable), as additional insureds. the COUNTY shall have the same rights and coverages as CONTRACTOR under said policies. The additional insured endorsement for the commercial general liability policy shall be written on a form approved by the COUNTY, and the endorsement shall not limit or delete the COUNTY's coverage in any way based upon the COUNTY's acts or omissions. 5) The insurance required in this section, through a policy or endorsement, shall include:

a.) a "Waiver of Subrogation" waiving any right of recovery the insurance company may have against the COUNTY; b.) a provision that the policy and endorsements may not be canceled or modified without thirty (30) days' prior written notice to the undersigned COUNTY representative;

c.) a provision that CONTRACTOR's insurance coverage shall be primary (i.e., pay first) as respects any insurance, self-insurance or self-retention maintained by the COUNTY and that any insurance, self-insurance or self-retention maintained by the COUNTY shall be excess of the CONTRACTOR's insurance and shall not contribute with it; d.) cross liability/severability of interest coverage for all policies and endorsements. 6) The legal defense provided to the COUNTY under the policy and any endorsements must be free of any conflicts of interest, even if retention of separate legal counsel for the COUNTY is necessary. 7) CONTRACTOR shall furnish a certificate of insurance, the additional insured endorsement adding the COUNTY as an additional insured, and, if requested, a copy of the insurance policy and all its endorsements, to the undersigned COUNTY representative prior to commencement of this contract.

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8) Failure to provide insurance as required in this section is a material breach of contract entitling COUNTY to immediately terminate this contract.

F). ATTORNEY FEES In the event a lawsuit is instituted by the COUNTY to obtain performance due of any kind under this contract, and the COUNTY is the prevailing party, CONTRACTOR shall, pay the COUNTY's reasonable attorney fees and costs in connection with the lawsuit.

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m HART i n t e r c i v i c

VERITY

MASTER AGREEMENT

This Master Agreement ("Agreement"), entered into effective as of , 201_ ("the Effective Date") by and between Hart lnterCivic, Inc., a Texas corporation ("Hart") and the Customer set forth below ("Customer"), sets forth the terms and conditions pursuant to which Customer may procure from Hart certain hardware ("Hardware"), software ("Software") licenses and support services ("Software Support Services"), warranty services ("Warranty Services"), and/or design, engineering, software development, project management, operational training , election event support, and/or other services ("Professional Services"), from time to time. Hardware and Software may be referred to as "Products" and Warranty Services, Software Support Services and/or Professional Services may be referred to as "Services." Products may be "Hart Hardware," and "Hart Proprietary Software," (i.e. "Hart Products") or "Third Party Hardware" and "Sublicensed Software" (i.e. "Third Party Products"). The foregoing may be referred to together as the "Verity system."

Hart agrees to sell or provide to Customer Products and Services according to this Agreement, which includes all Schedules, Attachments and Exhibits. Customer agrees to all terms and conditions of this Agreement. Pricing and other material terms of Customer's initial commitment are as set forth in the Schedule A or Customer Signed Quote attached hereto as Exhibit A. This Agreement and Hart's quotations issued hereunder together comprise the complete and exclusive Agreement for the sale of the Products and the provision of the Services. No other terms and conditions sent by Customer shall apply, including any terms or conditions contained in any purchase order, request for quote (RFQ), request for proposal (RFP), communication or other operational form that is in addition to or different than the terms and conditions of this Agreement. Any of Customer's terms and conditions that are different from or in addition to those contained herein are hereby objected to and shall be of no effect unless specifically agreed to in writing by an officer of Hart. Customer acknowledges it has read and understands this Agreement (including all Schedules, Attachments and Exhibits) and is entering into this Agreement only on the basis of the terms set forth in this Agreement (including all Schedules, Attachments and Exhibits).

Agreed and Accepted:

Customer

Jurisdiction: _Monroe County, IN __ _

Name: _Monroe County Elections_ Hart lnterCivic, Inc.

Address:_ 401 W 7th St. _ _ __ _ 15500 Wells Port Drive

_Bloomington, IN 47404 __ Austin, Texas 78728

Attn.: Julie Mathis, President

Phone: _(812) 349-2614 ____ _ 800-223-4278

Facsimile:----- ------ 800-831-1485

E-mail: [email protected] _ _ [email protected]

Executed By: _________ _

Name: Julie Mathis

Title: President

This Agreement is not effective until executed by both parties. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement.

Monroe Co IN_ Verity Master Agreement _05222017

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1. ORDERING

Customer may request quotations for Products or Services from time to time. The existence of this Agreement does not obligate Customer to request a quotation or purchase any Products or Services from Hart. Any Customer request for quotation must include the following information: (i) description of requested Product or Services; (ii) unit quantity and/or desired term; (iii) Hart's part number and/or vendor part number, if applicable; (iv) current unit price as provided by Hart, if applicable; (v) correct shipping address, if applicable; and (vi) any other order information required by Hart. Each request for quotation shall identify the address of the shipping destination, if applicable. Customer may only make a request for quotation via facsimile and other Hart approved electronic ordering methods, including email. All quotations are valid for only 30 days unless specifically staled on the front of the quotation. If the quotation is signed by Customer within thirty (30) days, Hart will provide notice of its acceptance via countersignature within fifteen (15) days of the date on which it receives Customer's signature on the Hart quotation. Failure to provide such written acceptance shall be deemed Hart's rejection of the order. Hart reserves the right to accept or reject any order initiated by Customer in Hart's discretion. Only signed quotations will obligate the parties to the terms of such quotations and this Agreement with respect to the applicable Products and/or Services. Each accepted quotation shall be subject to the terms and conditions of this Agreement.

2. PRICING

2.1. Products. Prices for Products shall be specified by Hart in the relevant quotation or proposal and are subject to change without notice, including Prices for backordered Products, however, Prices in quotations or other agreements signed by both Parties are not subject to change. All prices are exclusive of shipping and packing costs, and insurance.

2.2. Annual License and Support Fee· The "Annual Fee" is the combined fee for licensing (in the case of Hart Proprietary Software), sublicensing (in the case of Sublicensed Software, if any), and support (a "License and Support Subscription"). Pricing for the initial Annual Fee is the amount specified as the "Initial Annual Fee" on Exhibit A. Pricing for subsequently ordered License and Support Subscriptions shall be specified on the applicable quotation, and unless otherwise specified, shall be pro-rated so as to be co-terminus with the initially-ordered License and Support Subscriptions. Hart may adjust the amount of the Annual Fee for renewal License and Support Subscription terms by notifying Customer of any price changes with the invoice in which the adjustment is made. Unless adjusted by Hart, each renewal Annual Fee will be the same as the Annual Fee for the renewing License and Support Subscription.

2.3. Other Services. Pricing for other Services shall be set forth in the applicable quotation, or if not specified, at Hart's then-current hourly rates.

2.4. Additional Charges. Additional charges may apply to Services e.g., travel, communication and other expenses. There will be an additional charge at Hart's current technician's rate per hour for any technical work required as a result of other than Hartrecommended equipment purchased by the Customer for use with the Products. Any other additional charges must be mutually agreed to by Hart and Customer and documented in an amendment to this Agreement.

2.5. Taxes. All prices are exclusive of applicable taxes. All taxes shall be payable by Customer, unless Customer presents Hart with a proper certificate of exemption from such tax. If Customer challenges the applicability of any such tax, Customer shall pay the tax and may thereafter seek a refund. In the event Hart is required to pay any tax at time of sale or thereafter, Customer shall promptly reimburse Hart therefore.

3. PAYMENT

3.1. Products. Except as otherwise provided in Hart's quotation, amounts due for Products shall be billed upon shipment and shall be paid in full within thirty (30) days after delivery.

3.2. Annual Fee. The Annual Fee for the initial License and Support Subscription is due upon execution of this Agreement and annually thereafter before expiration thereof. Annual Fees for subsequently ordered License and Support Subscriptions, if any, shall be due upon acceptance of order and unless specified on the applicable quotation, the corresponding Annual Fees for renewals thereof shall be due annually with the renewal of the initially-ordered License and Support Subscription (i.e. shall be pro-rated and become co-terminus). If Customer fails to timely pay an Annual Fee, all Software licenses and Software Support Services will automatically terminate.

3.3. other Services. Amounts due for other Services shall be billed upon the earlier to occur of one or more of the following: first election in which the Professional Services are used; receipt of Services acceptance; not later than sixty (60) days after the date of Customer's first election in which any portion of the Hardware and/or Software is used, and shall be due within thirty (30) days of receipt of invoice.

Monroe Co IN_ Verity Master Agreement _05222017 2

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3.4. Payment Mechanics. Customer will pay all amounts due under this Agreement in U.S. Dollars. All payments are to be made to Hart at its principal office in Austin, Texas, as set forth on the signature page or to such other location as may be designated by Hart in a notice to Customer. Hart reserves the right to require C.O.D. payment, a letter of credit, or other security for payment if it determines that such terms are required to assure payment. Customer shall promptly notify Hart in writing of any change to Customer's name, address, or billing information.

3.5. Late Fees. Hart may impose interest at the lower of: (1) one and one-half percent (111,%) per month, or (2) the highest rate of interest then permitted by applicable law for all past due balances, compounded monthly and rounded to the next highest whole month. Customer also agrees to pay or reimburse all fees and expenses reasonably incurred by Hart in collecting any amounts due under this Agreement, including, but not limited to, all attorneys' fees associated therewith. Hart shall have the right, in addition to any and all other rights and remedies available at law or in equity, to delay or cancel any deliveries, to reduce or cancel any or all quantity discounts extended to Customer, and/or to suspend the provision of Services if Customer is in default of payments or any other material term of this Agreement.

3.6. Billing Disputes. If any dispute exists between the parties concerning the amount due or due date of any payment, Customer shall promptly pay the undisputed portion. Such payment will not constitute a waiver by Customer or Hart of any of their respective legal rights and remedies against each other. Customer has no right of set-off.

4. HARDWARE SPECIFIC TERMS

4.1. Delivery. Hart will provide estimated shipment dates upon acceptance of Customer's signed quotation. Shipment dates on Hart quotations are approximate only and Hart will not be subject to liability for late or delayed shipment. In the event Customer is unable to receive the Hardware Products at the time of delivery Hart, at its sole option and convenience, may deliver such products to storage at any suitable location including Hart's facilities. All costs incurred by Hart for the transportation, storage, and insurance of such Hardware Products shall be borne by Customer.

4.2. Hart Voting System Equipment Pick-Up. If Customer has legacy Hart Voting System (HVS) equipment, Hart will pick up and salvage all HYS voting devices, computers, and peripherals at no cost to Customer. Customer may retain databases and reports stored on such equipment solely to comply with record retention policies. Customer may retain minimal necessary computers and copies of legacy software for access to records retention databases. Customer agrees to remove all HVS software from all retained computers at the close of the records retention period. Upon request, Customer will provide Hart with written certification that such software has been deleted.

4.3. Acceptance. Customer shall examine all Hardware Products promptly upon receipt thereof. Within ten (10) business days of such receipt, Customer shall notify Hart in writing of any manner in which Customer claims that the Hardware Products fail to conform to their applicable specification, or as to any claimed shortages, or shipments errors. If no written notification is received by Hart within such period, the Hardware Products delivered hereunder shall be deemed accepted by Customer ("Hardware Acceptance"). Hardware Product will be deemed conforming if it meets Hart's published specification for such Product, and any specifications identified on the applicable quotation. Upon Customer's Acceptance, any defects in material or workmanship shall be addressed pursuant to the warranty in Section 9 below.

4.4. Installation· A Hart representative may install the Hardware Products at the Customer's site on a mutually agreed upon date during Hart's normal working hours, within ten (10) business days of delivery, or as soon as is practicable for both parties. Billing will occur on the date the Hardware is shipped to the Customer's site, per Section 3.1 If additional labor and rigging or Customer-specified customization is required for installation due to Customer's special site requirements, Customer will pay those costs including costs to meet union or local law requirements.

4.5. Title and Transportation. Hardware Products are shipped Ex Works (lncoterms 201 0) from Hart's designated shipping point. Title transfer and transfer of risk of loss or damage shall be deemed to occur upon Hart making such Hardware Products available to the carrier at Hart's designated shipping point. Hart reserves the right to select the method and routing of transportation and the right to make delivery in installments unless otherwise specified at the time of quotation acceptance by Hart but in no event will the carrier be deemed the agent of Hart. Notwithstanding the foregoing, if customer chooses a financing option offered by Hart, then title to hardware will pass to Customer according to the terms of the finance agreement.

4.6. Rescheduling and Cancellation. Except in the event of unreasonable delays beyond the quoted delivery dates or an uncured default of a material term of this Agreement by Hart, Customer shall not have the right to change, cancel, or reschedule an accepted quotation in whole or in part without the prior consent of Hart. In the event Customer requests a rescheduling of any Hardware Product and such request is accepted by Hart, Customer agrees to promptly pay Hart's standard reschedule charge. Hart may not cancel a quotation after it has accepted Customer's signed submission thereof. Customer may not cancel an order after submission to Hart of a signed quotation. Any cancellations following such times will be at the non-cancelling party's sole discretion and upon terms dictated by the non-cancelling party.

5. SOFTWARE SPECIFIC TERMS

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5.1. License. Subject to the terms and conditions of this Agreement and for so long as Customer has a current License and Support Subscription in effect, Hart grants to Customer (i) a personal, nonexclusive, nontransferable, and limited license to use the Hart Proprietary Software (which includes Firmware, meaning the Hart Proprietary Software embedded in any Verity system device that allows execution of the software functions) and (ii) a personal, nonexclusive, nontransferable, and limited sublicense to use the Sublicensed Software, if applicable. With this right to use, Hart will provide Customer, and Customer will be permitted to use, only the run-time executable code and associated support files of the Software for Customer's internal data processing requirements as part of the Verily system. The Software may be used only at the Licensed Location specified as the jurisdiction on the signature page of this Agreement and only on the hardware or other computer systems authorized by Hart in writing. Customer's use of the Software will be limited to the number of licenses specified in the applicable quotation. Only Customer and its authorized employees, agents or contractors may use or access the Software. For applicable components, Voters are also authorized to interact with the Software, in a manner consistent with user instructions, for the sole purpose of producing a Cast Vote Record during the course of an election. To the extent Hart Proprietary Software contains embedded third party software, third party licenses may apply. More information concerning embedded third party software can be found in the application's "Help->About" and is available upon written request. Such embedded third party software is distinguished from "Sublicensed Software" which is stand-alone software not part of Hart Proprietary Software that may be included under this Agreement. See Exhibit D for a listing of Hart Proprietary Software and Sublicensed Software.

5.2. Records and Audit. Customer shall keep clear, complete and accurate books of account and records with respect to the usage of Software and access to the Software licensed hereunder, including without limitation with respect to access thereto. Licensee shall retain such books and records for a period of five (5) years from the date of cessation of any such usage, notwithstanding any expiration or termination of this Agreement. Customer agrees that during the term of this Agreement and such period, Hart, the licensors of any Sublicensed Software, and their representatives may periodically inspect, conduct, and/or direct an independent accounting firm to conduct an audit, at mutually agreed-upon times during normal business hours, of the computer site, computer systems, and appropriate records of Customer to verify Customer's compliance with the terms of the licenses and sublicenses granted to Customer. If any such examination discloses unauthorized usage, then Customer, in addition to paying such payment then due and without limiting Hart's remedies, shall pay the reasonable fees for the audit.

5.3. Restrictions·

5.3.1. The Hart Hardware and Hart Proprietary Software are designed to be used only with each other and/or the agreed-upon Sublicensed Software (if any) and Third Party Hardware. To protect the integrity and security of the Verity system, Customer shall comply with the following practices and shall not deviate from them without the express written consent of Hart: (i) Customer shall use the Software and Hardware only in connection with the Verity system, and Customer may only use Hart branded or approved peripherals and consumables with the Verity system.; (ii) Customer shall not install or use other software on or with the Hardware or Software or network the Hardware or Software with any other hardware, software, equipment, or computer systems; and (iii) Customer shall not modify the Hardware or Software. If Customer does not comply with any provisions of this Section 5.3, then (i) the Limited Warranties under Section 9 and the licenses and sublicenses granted under Section 5.1 will automatically terminate; (ii) Hart may terminate its obligation to provide Software Support Services under Section 8; (iii) Hart will have no further installation obligations. Furthermore, if Customer uses the Software and Hardware in combination with other software and equipment (other software or equipment being those not provided by Hart or its designees), and the combination infringes Hart proprietary patent claims outside the scope of the software license granted to Customer under Section 5.1, Hart reserves its rights to enforce its patents with respect to those claims.

5.3.2. Customer shall not, under any circumstances, cause or permit the adaptation, conversion, reverse engineering, disassembly, or de-compilation of any Software. Customer shall not use any Software for application development, modification, or customization purposes, except through Hart.

5.3.3. Customer shall not assign, transfer, sublicense, time-share, or rent the Software or use it for facility management or as a service bureau serving others outside of the jurisdiction. This restriction does not preclude or restrict Customer from contracting for election services for other local governments located within Customer's jurisdictional boundaries. Customer shall not modify, copy, or duplicate the Software. All use of software and hardware on which the software resides shall take place and be for activities within Customer's jurisdictional boundaries, except for in cases of joint elections conducted cooperatively with neighboring jurisdictions. All copies of the Software, in whole or in part, must contain all of Hart's or the third-party licensor's titles, trademarks, copyright notices, and other restrictive and proprietary notices and legends (including government-restricted rights) as they appear on the copies of the Software provided to Customer. Customer shall notify Hart of the following: (i) the location of all Software and all copies thereof and (ii) any circumstances known to Customer regarding any unauthorized possession or use of the Software.

5.3.4. Customer shall not publish any results of benchmark tests run on any Software.

5.3.5. The Software is not developed or licensed for use in any nuclear, aviation, mass transit, or medical application or in any other inherently dangerous applications. Customer shall not use the Software in any inherently dangerous application and agrees that Hart and any third-party licensor will not be liable for any claims or damages arising from such use.


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6. DOCUMENTATION

Hart will provide Customer with one (1) electronic copy of the standard user-level documentation and operator's manuals and where applicable, environmental specifications for the Product installed at the Customer's location before the first election for which the Product will be used, following installation.

7. PROPRIETARY RIGHTS

7 .1. Reservation of Rights. Customer acknowledges and agrees that the design of the Products, and any and all related patents, copyrights, trademarks, service marks, trade names, documents, logos, software, microcode, firmware, information, ideas, concepts, know-how, data processing techniques, documentation, diagrams, schematics, equipment architecture, improvements, code, updates, trade secrets and material are the property of Hart and its licensors. Customer agrees that the sale of the Hardware and license of the Software does not, other than as expressly set forth herein, grant to or vest in Customer any right, title, or interest in such proprietary property. All patents, trademarks, copyrights, trade secrets, and other intellectual property rights, whether now owned or acquired by Hart with respect to the Products, are the sole and absolute property of Hart and its licensors. Customer shall not, under any circumstances, cause or permit the adaptation, conversion, reverse engineering, disassembly, or decompilation of any Product(s), or copy, reproduce, modify, sell, license, or otherwise transfer any rights in any proprietary property of Hart. Further Customer shall not remove any trademark, copyright, or other proprietary or restrictive notices contained on any Hart user documentation, operator's manuals, and environmental specifications, and all copies will contain such notices as are on the original electronic media. Intellectual Properties. All ideas, concepts, know-how, data processing techniques, documentation, diagrams, schematics, firmware, equipment architecture, software, improvements, code, updates, and trade secrets developed by Hart personnel (alone or jointly with others, including Customer) in connection with Confidential Information, Verity system, and Hart Proprietary Software will be the exclusive property of Hart.

7.2. Customer Suggestions and Recommendations. Customer may propose, suggest, or recommend changes to the Products at any time. Such proposals, suggestions, or recommendations will become Hart's property and are hereby assigned to Hart. Hart may include any such proposals, suggestions, or recommendations, solely at Hart's option, in subsequent periodic Product updates, without restriction or obligation. Hart is under no obligation to change, alter, or otherwise revise the Products according to Customer's proposals, suggestions, or recommendations.

7 .3. License Back If Customer possesses or comes to possess a licensable or sub-licensable interest in any issued patent with claims that read upon the Verity system, its method of operation, or any component thereof, Customer hereby grants and promises to grant a perpetual, irrevocable, royalty-free, paid-up license, with right to sublicense, of such interest to Hart permitting Hart to make, have made, use, and sell materials or services within the scope of the patent claims.

8. SOFTWARE SUPPORT SERVICES

8.1. Description of Software Support Services. Subject to the terms and conditions of this Agreement and for so long as Customer has the requisite number of License and Support Subscriptions in effect, Hart will provide Customer the Software Support Services described below. Software Support Services under this Section do not cover any of the exclusions from warranty and support coverage as described under Section 9. If Hart, in its discretion, provides Software Support Services in addition to the services described under this Section, Customer will pay Hart for such services on a time-and-materials basis at Hart's then-prevailing rates, plus expenses, and for replacements at Hart's list prices, unless otherwise agreed in writing by Hart and Customer.

8.1.1. Software Support Services. Software Support Services will consist of assisting the Customer in the use of software for purposes of election administration, including functions related to pre-election and post-election testing and general operation ofthe Verity system. Assistance is available via phone and email through the Hart Customer Support Center. See Exhibit B for Hart Customer Support contact information and hours.

Software Support Services may consist of periodic updates to Hart Proprietary Software, at Hart's discretion. Because not all errors or defects can or need to be corrected, Hart does not warrant that all errors or defects will be corrected. Software errors or defects must be reported in writing and be accompanied with sufficient detail to enable Hart staff to reproduce the error and provide a remedy or suitable corrective action. The exclusions from warranty coverage under Section 9.5 also are exclusions from Software Support Services under this Section. There may be consumable, shipping and on-site service charges for update releases of software and there may be feature charges for update or enhancement releases of software.

9. WARRANTY AND EXTENDED WARRRANTY

9.1. Certification. Where applicable, Verity system components that require certification will meet the certification requirements in place on the effective date of the Master Agreement.

9.2. Hart Hardware Limited Warranty. Hart warrants that during the warranty period, the Hart Hardware purchased by Customer will be free from defects in materials and workmanship and will substantially conform to the performance specifications stated in the Verity Operator's Manuals for the Hart Hardware applicable at the time of the installation of the Hardware. The warranty period for new Hart Hardware (other than Consumables) is one (1) year, beginning ten (1 0) days after the shipping date. The warranty period


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for used and/or refurbished hardware is ninety (90) days, beginning ten (10) days after the shipping date. Consumables are warranted only to be free from manufacturing defects for a period ninety (90) days, beginning ten (10) days after the shipping date. Hart will, at Hart's sole discretion, replace or repair any Hart Hardware that does not comply with this warranty, at no additional charge to Customer. To request warranty service, Customer must contact Hart in writing within the warranty period. Hart may elect to conduct any repairs at Customers site, Hart's facility, or any other location specified by Hart. Any replacement Hart Hardware provided to Customer under this warranty may be new or reconditioned. Hart may use new and reconditioned parts in performing warranty repairs and building replacement products. If Hart repairs or replaces Hart Hardware, its warranty period is not extended and will terminate upon the end of the warranty period of the replaced or repaired Hart Hardware. Hart owns all replaced Hart Hardware and all parts removed from repaired products. Customer acknowledges and agrees that this warranty is contingent upon and subject to Customer's proper use of the Verity system and the Exclusions from Warranty and Software Support Services set forth in Section 9.5. This warranty does not cover any Hart Hardware that has had the original identification marks and/or numbers removed or altered in any manner. This warranty does not include any type of routine maintenance service or preventative maintenance service. This Hardware Limited Warranty may be extended after the initial period under separate Extended Hardware Warranty agreements, subject to the order process contemplated by Section 1. Extended warranties exclude consumable items, including all types of batteries, vDrives and paper ("Consumables"). Renewal of the annual License and Support Subscription does not, in itself, extend the Hardware Limited Warranty. The remedies set forth in this Section are the full extent of Customers remedies and Hart's obligations regarding this warranty. If the Hart Hardware is required to be reconfigured, modified, or otherwise changed after its sale to and installation at the Customer's location due to the Customer's or a local, state, or federal government certification change(s) or due to any statutory changes or new requirements, Hart will determine the feasibility and cost of the required changes and advise the Customer of the total amount due for those Hart Hardware changes. Upon written approval to move forward with the changes and receipt from the Customer of the stated fees, Hart will complete the required changes to the Customer's Hart Hardware. THIS LIMITED WARRANTY DOES NOT APPLY TO ANY THIRD PARTY HARDWARE.

9.3. Hart Proprietarv Software Limited Warranty Hart warrants that beginning ten (1 0) days after the shipping of the Hart Proprietary Software and for so long as Customer has the requisite number of License and Support Subscriptions in effect, the Hart Proprietary Software will perform substantially according to the then-current functional specifications described in the applicable software Operators' Manuals accompanying such Hart Proprietary Software. To request warranty service, Customer must contact Hart in writing within the warranty period. Failure to conform to the warranty must be reported in writing and be accompanied with sufficient detail to enable Hart to reproduce the error and provide a remedy or suitable corrective action (a solution that will allow the software to function appropriately). Hart will make commercially reasonable efforts to remedy or provide a suitable workaround for defects, errors, or malfunctions covered by this warranty that have a significant adverse effect upon operation of the Hart Proprietary Software. Because not all errors or defects can or need to be corrected, Hart does not warrant that all errors or defects will be corrected. Customer acknowledges and agrees that this warranty is contingent upon and subject to Customer's proper use of the Verity system and the Exclusions from Warranty and Support Coverage set forth in Section 9.5. The remedies set forth in this Section 9.3 are the full extent of Customer's remedies and Hart's obligations regarding this warranty. THIS LIMITED WARRANTY DOES NOT APPLY TO ANY SUBLICENSED SOFTWARE.

9.4. Professional Services Warranty. Hart represents and warrants that any Professional Services shall be performed in a professional and workmanlike manner.

9.5. Exclusions from Warranty and Software Support Services. The warranties under this Section and Software Support under Section 8 do not cover defects, errors, or malfunctions that are caused by any external causes, including, but not limited to, any of the following: (a) Customers failure to follow operational, support, or storage instructions as set forth in applicable documentation; (b) the use of incompatible media, supplies, parts, or components; (c) modification or alteration of the Verity system, or its components, by Customer or third parties not authorized by Hart; (d) use of equipment or software not supplied or authorized by Hart; (e) external factors (including, without limitation, power failure, surges or electrical damage, fire or water damage, air conditioning failure, humidity control failure, or corrosive atmosphere harmful to electronic circuitry); (f) failure to maintain proper site specifications and environmental conditions; (g) negligence, accidents, abuse, neglect, misuse, or tampering; (h) improper or abnormal use or use under abnormal conditions; (i) use in a manner not authorized by this Agreement or use inconsistent with Hart's specifications and instructions; U) use of software on Equipment that is not in good operating condition; (k) acts of Customer, its agents, servants, employees, or any third party; (I) servicing or support not authorized by Hart; (m) Force Majeure; or (n) Consumables, unless expressly set forth in Section 9.2. In any case where Hart Proprietary Software interfaces with third party software, including but not limited to, the Customer's voter registration system, non-Hart election management system, early voting validation system, non-Hart election systems, absentee envelope management systems, or other like systems, Hart will not be responsible for proper operation of any Software that interfaces with the third party software should such third party software be updated, replaced, modified, or altered in any way. Hart will also not be responsible for the proper operation of any Software running on Customer's computer equipment, should Customer install a new computer operating system on said equipment without advising Hart of such changes and receiving Hart's written approval. Hart will not be responsible for the proper operation of any Software should it be configured or operated in any manner contrary than that described herein. Professional Services and associated costs may be required in those situations where the Customer requests Hart's review and approval of any system changes outside the original system specifications at the time of the original acceptance date of this Agreement. Hart reserves the right to charge for repairs on a time-and-materials basis at Hart's then-prevailing rates, plus expenses, and for replacements at Hart's list prices caused by these exclusions from warranty and support coverage.


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9.6. Third Party Hardware and Sublicensed Software Excluded. HART MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THIRD PARTY HARDWARE AND SUBLICENSED SOFTWARE, IF ANY, PROVIDED BY HART TO CUSTOMER, ALL OF WHICH IS SOLD, LICENSED, OR SUBLICENSED TO CUSTOMER "AS IS," OTHER THAN AS MAY BE PROVIDED IN ANY PASS-THROUGH WARRANTY DESCRIBED BELOW. HART HAS NO RESPONSIBILITY OR LIABILITY FOR THIRD PARTY HARDWARE AND SUBLICENSED SOFTWARE, IF ANY, PROVIDED BY HART'S DISTRIBUTORS OR OTHER THIRD PARTIES TO CUSTOMER. If Hart sells, licenses, or sublicenses any Third Party Hardware or Sublicensed Software to Customer, Hart will pass through to Customer, on a nonexclusive basis and without recourse to Hart, any third-party manufacturer's warranties covering the equipment or software, but only to the extent, if any, permitted by the third-party manufacturer. Customer agrees to look solely to the warranties and remedies, if any, provided by the manufacturer or third-party licensor. For a list of Third Party Hardware, see Exhibit A. For a list of Sublicensed Software, see Exhibit D or the applicable order. The disclaimers in this Section 9.6 are not intended to apply to embedded third party software integrated within the Hart Proprietary Software, contemplated by Section 5.1.

9. 7. Limited Remedies. HART'S SOLE RESPONSIBILITY FOR MALFUNCTIONS AND DEFECTS IN PRODUCTS AND SERVICES IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN, AND TO THE EXTENT SET FORTH IN, THIS WARRANTY TERMS SECTION.

10. PROFESSIONAL SERVICES

1 0.1. Professional Services. Subject to the terms and conditions of this Agreement, Hart will provide Customer (i) operational training and on-site support at the first election in which the Products are used, and (ii) the Professional Services described in each Hartaccepted, Customer-signed quotation. Professional Service days cannot be exchanged for Product fees, Annual Fees, or fees for other Services. If the Professional Services in an applicable quotation are not used prior to 60 days after the date of the Customer's first election in which any portion of the Product is used, Hart's Professional Services obligations shall expire and unused days will be billed to the Customer without recovery of amounts paid in advance for Professional Services.

11. REPRESENTATIONS AND WARRANTIES

11.1. Due Organization. Each party represents that it is duly organized, validly existing, and in good standing in the jurisdiction of its organization, and that it has the requisite power and authority to execute and deliver this Agreement and to carry out the transactions contemplated by this Agreement.

11.2. Conflicting Agreements. Each party represents and warrants that it has no outstanding agreement or obligation that is in conflict with any of the provisions of this Agreement, or that would preclude it from complying with the provisions hereof.

12. CUSTOMER RESPONSIBILITIES

12.1. Independent Determination. Customer acknowledges it has independently determined that the Products purchased under this Agreement meet its requirements

12.2. Cooperation. Customer agrees to cooperate with Hart and promptly perform Customer's responsibilities hereunder. Customer will (a) provide adequate working and storage space for use by Hart personnel near the applicable Hardware; (b) provide Hart full access to the Hardware and Software and sufficient computer time, subject to Customer's security rules; (c) follow Hart's procedures for placing hardware warranty or software support service requests and determining if warranty remedial service is required; (d) follow Hart's instructions for obtaining hardware and software support and warranty services; (e) provide a memory dump and additional data in machine-readable form if requested; (f) reproduce suspected errors or malfunctions in Software; (g) provide timely access to key Customer personnel and timely respond to Hart's questions; and (h) otherwise cooperate with Hart in its performance under this Agreement.

12.3. Site Preparation. Customer shall prepare and maintain the installation site in accordance with instructions provided by Hart. Customer is responsible for environmental requirements, electrical interconnections, and modifications to facilities for proper installation, in accordance with Hart's specifications. Any delays in preparation of the installation site will correspondingly extend Hart's delivery and installation deadlines.

12.4. Site Maintenance: Proper Storage. Customer shall maintain the appropriate operating environment, in accordance with Hart's specifications, for the Products and all communications equipment, telephone lines, electric lines, cabling, modems, air conditioning, and all other equipment and utilities necessary for the Products to operate properly. Customer shall properly store the Products when not in use.

12.5. Use. Customer is exclusively responsible for supervising, managing, and controlling its use of the Products, including, but not limited to, establishing operating procedures and audit controls, supervising its employees, making timely data backups, inputting data, ensuring the accuracy and security of data input and data output, monitoring the accuracy of information obtained, and managing the use of information and data obtained. Customer will ensure that its personnel are, at all times, educated and trained in the proper use and operation of the Products and that the Hardware and Software are used in accordance with applicable


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manuals, instructions, and specifications. Customer shall comply with all applicable laws, rules, and regulations with respect to its use of the Products.

12.6. Backups. Customer is solely responsible for timely data backups, and Customer will maintain backup data necessary to replace critical Customer data in the event of loss or damage to data from any cause. Hart is not liable for data loss.

13. TERM AND TERMINATION

13.1. Term.

13.1.1. Of Agreement. Unless earlier terminated as set forth herein, the initial term of this Agreement is one (1) year.

13.1.2. Of License and Support Subscription. Unless earlier terminated as set forth herein, the initial term of the License and Support Subscriptions is one (1) year. Unless otherwise provided in the applicable quotation subsequently ordered License and Support Subscriptions shall be pro-rated so as to be co-terminus with the initially ordered License and Support Subscriptions.

13.1.3. Of Hardware Warranty. Unless earlier terminated as set forth herein, the initial term of new Hardware Warranties is one (1) year.

13.2. Renewals.

13.2.1. Of Agreement. This Agreement shall automatically renew for successive periods of one (1) year following the initial term unless one party notifies the other of its intent not to renew not less than ninety (90) days prior to the end of the then-current term.

13.2.2. Of License and Support Subscriptions. Except as otherwise provided in this Agreement, Customer must renew License and Support Subscriptions before their expiration by paying the Annual Fee invoiced by Hart, as provided in Section 2.2, before the anniversary date immediately following the date of invoice. Each renewal License and Support Subscriptions term will be a one (1) year, commencing on the expiration of the prior term and expiring on the immediately following anniversary date.

13.2.3. Hardware Warranties. Hardware warranties may be extended through a separate Extended Hardware Warranty, ordered in accordance with Section 1. Renewal of this Master Agreement and the License and Support Subscription do not, in themselves, extend hardware warranties.

13.3. Termination.

13.3.1. By Hart. This Agreement and/or all then-current License and Support Subscriptions and Professional Services orders shall automatically terminate or expire as set forth herein and may be terminated by Hart if Customer is in breach of a term hereof and fails to cure such breach within thirty (30) days after written notice of such breach has been given.

13.3.2. By Customer. Customer may terminate this Agreement, a Product order, or a License and Support Subscriptions and Professional Services orders issued hereunder if Hart is in breach of a term hereof or thereof, as applicable, and fails to cure such breach within thirty (30) days after written notice of such breach has been given.

13.4. Effect of Expiration and Termination. Any termination under Section 13.3.1 shall operate to terminate this Agreement and any then current License and Support Subscriptions and Professional Services orders. Any termination under Section 13.3.2 of a License and Support Subscription or Professional Services order shall operate only upon such subscription or order, and shall have no effect on this Agreement or other subscriptions or orders then in effect. Sections 3, 5.2-5.4, 7, 9.5-9.7, 12, 13.4, and 14-18 shall survive any termination or expiration of this Agreement or the applicable License and Support Subscription and/or Professional Services order. All other rights and obligations shall be of no further force or effect.

14. CONFIDENTIALITY

14.1. Definition. "Confidential Information" means any information related to Hart's business or the Verity system, including but not limited to technical data, trade secrets, know-how, research, product plans, products, services, customers, customer lists, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or other business information. Confidential Information includes, without limitation, all Software, the Documentation and support materials, and the terms and conditions of this Agreement.

14.2. Non-Use and Non-Disclosure. Customer will keep in confidence and protect Confidential Information (electronic or hard copy) from disclosure to third parties and restrict its use to uses expressly permitted under this Agreement. Customer shall take all reasonable steps to ensure that the trade secrets and proprietary data contained in the Hardware and Software and the other Confidential Information are not disclosed, copied, duplicated, misappropriated, or used in any manner not expressly permitted by the terms of this Agreement. Customer shall keep the Software and all tapes, diskettes, CDs, and other physical embodiments of them, and all copies thereof, at a secure location and limit access to those employees who must have access to enable Customer to use the


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Software. Customer acknowledges that unauthorized disclosure of Confidential Information may cause substantial economic loss to Hart or its suppliers and licensors.

14.3. Return of Confidential Information. Upon termination or expiration of this Agreement or, if earlier, upon termination of Customer's permitted access to or possession of Confidential Information, Customer shall return to Hart all copies of the Confidential Information in Customer's possession (including Confidential Information incorporated in software or writings, electronic and hard copies). Upon termination of Customer's license or sublicense of Software, Customer shall immediately discontinue all use of the Software and return to Hart or destroy at Hart's option, the Software, including Firmware (and all related Documentation (electronic and hard copy)) and all archival, backup, and other copies of Software, Firmware and Documentation, and provide certification to Hart of such return or destruction. Return or destruction may include hard drives and/or component flash drive devices.

14.4. Customer Employees. Agents and Contractors. Customer will inform its employees and other agents and contractors of their obligations under this Section 14 and shall be fully responsible for any breach thereof by such personnel.

15. INSURANCE AND INDEMNIFICATION

15.1. Indemnity. Hart, at its own expense, will defend Customer against any claim that the Hart Hardware or Hart Proprietary Software infringes an issued United States patent, registered United States copyright, or misappropriates trade secrets protected under United States law, and shall indemnify Customer against and pay any costs, damages and reasonable attorneys' fees attributable to such claim that are finally awarded against Customer, provided Customer (a) gives Hart prompt written notice of such claims; (b) permits Hart to control the defense and settlement ofthe claims; and (c) provides all reasonable assistance to Hart in defending or settling the claims.

15.2. Remedies. As to Hart Hardware or Hart Proprietary Software that is subject to a claim of infringement or misappropriation, Hart may (a) obtain the right of continued use of the Hart Hardware or Hart Proprietary Software for Customer or (b) replace or modify the Hart Hardware or Hart Proprietary Software to avoid the claim. If neither alternative is available on commercially reasonable terms, then, at the request of Hart, any applicable Software license and its charges will end, Customer will cease using the applicable Hart Hardware and Hart Proprietary Software, Customer will return to Hart all applicable Hart Hardware and return or destroy all copies of the applicable Hart Proprietary Software, and Customer will certify in writing to Hart that such return or destruction has been completed. Upon return or Hart's receipt of certification of destruction, Hart will give Customer a credit for the price paid to Hart for the returned or destroyed Hart Hardware and Hart Proprietary Software, less a reasonable offset for use and obsolescence.

15.3. Exclusions. Hart will not defend or indemnify Customer if any claim of infringement or misappropriation (a) is asserted by an affiliate of Customer; (b) results from Customer's design or alteration of any Hardware or Software; (c) results from use of any Hart Hardware or Hart Proprietary Software in combination with any non-Hart product, except to the extent, if any, that such use in combination is restricted to the Verity system designed by Hart; (d) relates to Sublicensed Software or Third Party Hardware alone; or (e) arises from Customer-specified customization work undertaken by Hart or its designees in response to changes in Hart Proprietary Software or Sublicensed Software that are made in response to Customer specifications.

15.4. EXCLUSIVE REMEDIES. THIS SECTION 15 STATES THE ENTIRE LIABILITY OF HART AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES FOR INFRINGEMENT AND TRADE SECRET MISAPPROPRIATION.

16. DISCLAIMERS AND LIMITATIONS OF LIABILITY

16.1. Disclaimer of Warranty. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES APPLICABLE TO THE PRODUCT(S) AND/OR SERVICES SET FORTH IN SECTION 9, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE UNDER THIS AGREEMENT, AND (B) HART DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE AND NONINFRINGEMENT FOR ALL HARDWARE, SOFTWARE, AND SERVICES. CUSTOMER IS SOLELY RESPONSIBLE FOR ASSURING AND MAINTAINING THE BACKUP OF ALL CUSTOMER DATA. UNDER NO CIRCUMSTANCES WILL HART BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR THE LOSS OF OR DAMAGE TO CUSTOMER DATA THE EXPRESS LIMITED WARRANTIES REFERENED ABOVE EXTEND SOLELY TO CUSTOMER AND DO NOT INCLUDE ANY TYPE OF ROUTINE MAINTECNANCE SERVICE OR PREVENTATIVE MAINTENANCE SERVICE. SOME STATES (OR JURISDICTIONS) DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY.

16.2. Limitations of Liability NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HART WILL NOT BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) OR FOR LOST DATA SUSTAINED OR INCURRED IN CONNECTION WITH THE HARDWARE, SOFTWARE, SERVICES, OR THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE. IN ADDITION, HART'S TOTAL LIABILITY TO CUSTOMER FOR DAMAGES ARISING OUT OF OR RELATING TO THE HARDWARE, SOFTWARE, SERVICES, AND THIS AGREEMENT WILL IN NO EVENT


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EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CUSTOMER TO HART UNDER THIS AGREEMENT UNDER THE ORDER FOR THE HARDWARE, SOFTWARE OR SERVICE GIVING RISE TO THE APPLICABLE CLAIM. HART IS NOT LIABLE FOR DAMAGES CAUSED IN ANY PART BY CUSTOMER'S NEGLIGENCE OR INTENTIONAL ACTS OR, EXCEPT AS EXPRESSLY SET FORTH HEREIN, FOR ANY CLAIM AGAINST CUSTOMER OR ANYONE ELSE BY ANY THIRD PARTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE EXCLUSIONS AND/OR LIMITATIONS MAY NOT APPLY TO CUSTOMER. THE PARTIES AGREE THAT THE LIABILITY AND WARRANTY LIMITATIONS SET FORTH IN THIS AGREEMENT ARE A REASONABLE ALLOCATION OF RISK AND LIABILITY CONSIDERING THE RESPECTIVE BENEFITS OBTAINED HEREUNDER. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.

16.3. Third Party Products, Services and Referrals. In addition to Third Party Products that may be ordered hereunder, Hart may direct Customer to third parties having products or services that may be of interest to Customer for use in conjunction with the Products or Services. Notwithstanding any Hart recommendation, referral, or introduction, Customer will independently investigate and test non-Hart products and services and will have sole responsibility for determining suitability for use of non-Hart products and services. Hart has no liability with respect to claims relating to or arising from use of non-Hart products and services, including, without limitation, claims arising from failure of non-Hart products to provide proper time and date functionality.

17. DISPUTE RESOLUTION

17 .1. Disputes and Demands. The parties will attempt to resolve any claim or controversy related to or arising out of this Agreement, whether in contract or in tort ("Dispute"), on a confidential basis according to the following process, which either party may start by delivering to the other party a written notice describing the dispute and the amount involved ("Demand").

17.2. Negotiation and Mediation. After receipt of a Demand, authorized representatives of the parties will meet at a mutually agreedupon time and place to try to resolve the Dispute by negotiation. If the Dispute remains unresolved after this meeting, either party may start mandatory nonbinding mediation under the commercial mediation rules of the American Arbitration Association ("AAA") or such other mediation process as is mutually acceptable to the parties.

17.3. Injunctive Relief. Notwithstanding the other provisions of this Section 17, if either party seeks injunctive relief, such relief may be sought in a court of competent jurisdiction without complying with the negotiation and mediation provisions of this Section.

17.4. Time Limit. Neither mediation under this section nor any legal action, regardless of its form, related to or arising out of this Agreement may be brought more than two (2) years after the cause of action first accrued.

18. GENERAL PROVISIONS

18.1. Required Contractual Provisions as stated in the Customers Request For Proposal. Section 3.01 B-F of Customers Request For Proposal, attached as Exhibit B to this proposal, are hereby incorporated and made part of this agreement.

18.2. Entire Agreement. This Agreement and the Schedules, Attachments, and Exhibits hereto (including Hart-provided quotations signed by Customer and accepted by Hart) are the entire agreement between the parties with respect to the subject matter contemplated herein, and supersede all prior negotiations and oral agreements with respect thereto. Hart makes no representations or warranties with respect to this Agreement or its Products or Services that are not included herein. The use of preprinted Customer forms, such as purchase orders or acknowledgments, in connection with this Agreement is for convenience only and all preprinted terms and conditions stated thereon are void and of no effect. If any confiict exists between this Agreement and any terms and conditions on a Customer purchase order, acknowledgment, or other Customer preprinted form, the terms and conditions of this Agreement will govern and the conflicting terms and conditions in the preprinted form will be void and of no effect. This Agreement may not be amended or waived except in writing signed by an officer of the party to be bound thereby.

18.3. Interpretation. This Agreement will be construed according to its fair meaning and not for or against either party. Headings are for reference purposes only and are not to be used in construing the Agreement. All words and phrases in this Agreement are to be construed to include the singular or plural number and the masculine, feminine, or neuter gender as the context requires.

18.4. GOVERNING LAW. THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS, UNLESS CUSTOMER IS A GOVERNMENTAL SUBDIVISION OF ANOTHER STATE, IN WHICH CASE THE LAWS OF THE STATE IN WHICH CUSTOMER IS A GOVERNMENTAL SUBDIVISION WILL CONTROL.

18.5. Severability. Whenever possible, each provision of this Agreement will be interpreted to be effective and valid under applicable law; but if any provision is found to be invalid, illegal, or unenforceable, then such provision or portion thereof will be modified to the extent necessary to render it legal, valid, and enforceable and have the intent and economic effect as close as possible to the invalid, illegal, or unenforceable provision. If it is not possible to modify the provision to render it legal, valid, and enforceable, then the provision will be severed from the rest of the Agreement and ignored. The invalidity, illegality, or unenforceability of any provision will not affect the validity, legality, or enforceability of any other provision of this Agreement, which will remain valid and binding.


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18.6. Force Majeure. "Force Majeure" means a delay encountered by a party in the performance of its obligations under this Agreement that is caused by an event beyond the reasonable control of the party, but does not include any delays in the payment of monies due by either party. Without limiting the generality of the foregoing, "Force Majeure" will include, but is not restricted to, the following types of events: acts of God or public enemy; acts of governmental or regulatory authorities (other than, with respect to Customer's performance, the Customer, and its governing entities); fires, floods, epidemics, or serious accidents; unusually severe weather conditions; failure ofthird parties to timely provide software, hardware, materials, or labor contemplated herein including by reason of strikes, lockouts, or other labor disputes. If any event constituting Force Majeure occurs, the affected party shall notify the other party in writing, disclosing the estimated length of the delay and the cause of the delay. If a Force Majeure or other such event occurs, the affected party will not be deemed to have violated its obligations under this Agreement, and time for performance of any obligations of that party will be extended by a period of time necessary to overcome the effects of the Force Majeure.

18.7. Compliance with Laws. Customer and Hart shall comply with all federal, state, and local laws in the performance of this Agreement, including those governing use of the Products. Products provided under this Agreement may be subject to U.S. and other government export control regulations. Customer shall not export or re-export any Producls.

18.8. Assignment. Hart may assign this Agreement or its interests herein any including the right to receive payments, without Customer's consent. Customer will be notified in writing if Hart makes an assignment of this Agreement. Customer shall not assign this Agreement or any licenses granted hereunder without the express written consent of Hart, such consent not to be unreasonably withheld.

18.9. Independent Contractors. The parties to the Agreement are independent contractors and the Agreement will not establish any relationship of partnership, joint venture, employment, franchise, or agency between the parties. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Hart's employees, agents, and subcontractors will not be entitled to any privileges or benefits of Customer employment. Customer's employees, agents, and contractors will not be entitled to any privileges or benefits of Hart employment.

18.1 0. Notices. Any notice required or permitted to be given under this Agreement by one party to the other must be in writing and shall be given and deemed to have been given immediately if delivered in person to the address set forth on the signature page for the party to whom the notice is given, or on the fifth (51h) business day following mailing if placed in the United States Mail, postage prepaid, by registered or certified mail with return receipt requested, addressed to the party at the party's address set forth on the signature page. Each party may change its address for notice by giving written notice of the change to the other party.

18.11. Trademarks. Verity Election OfficeT", Verity VotingTM, Verity ScanT", Verity TouchT", Verity ControllerT", Verity Access™, Verity vDrive™, Verity Touch WriterT", Verity BalloF", Verity LayouF", Verity BuildT", Verity GauntT", Verity RelayT", Verity Key™, and Verity Centra IT", and such other Product names indicated as trademarked names of Hart are trademarks of Hart.

18.12. Attorneys' Fees. In any court action at law or equity which is brought by one of the parties to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees, in addition to any other relief to which that party may be entitled.

18.13. Equitable Relief. The parties agree that a material breach of the confidentiality provisions of this Agreement or restrictions set forth herein would cause irreparable injury to Hart for which monetary damages alone would not be an adequate remedy, and therefore Hart shall be entitled to equitable relief in addition to any other remedies it may have hereunder or at law, without the requirement of posting bond or proving actual damages.

18.14. Government Use. The use, duplication, reproduction, release, modification, disclosure, or transfer of the Products, no matter how received by the United States Government, is restricted in accordance with the terms and conditions contained herein. All other use is prohibited. Further, the Products were developed at Hart's private expense and are commercial in nature. By using or receiving the Products, the Government user agrees to the terms and conditions contained in this Agreement including the terms and conditions contained in this paragraph.


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Exhibit A

Schedule A or Customer Signed Quote for Initial Order


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Exhibit B

Hart Customer Support Contact Information and Hours

The following contact information is to be used by Customer for submitting Support requests to Hart lnterCivic, Inc.:

Customer Support Center

Customer Support Center Fax

E-mail Address

Hart lnterCivic, Inc. Switchboard

Hours of Operation

After Hours

1-866-275-4278 (1-866-ASK-HART)

1-512-252-6925 or 1-800-831-1485

[email protected]

1-800-223-HART (4278)

7AM-6PM Central Time, M-F

Leave Voicemail with contact information for return call

(The rest of this page has been intentionally left blank.)


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ExhibitC

Definitions

"Harf' means Hart lnterCivic, Inc., a Texas corporation.

"Verity AccessT"" means the audio tactile interface (ATI) controller created by Hart as an add-on component to a Verity Touch TM that facilitates the performance of voting activities by disabled voters, for example, by providing an audio ballot presentation and/or accepting inputs from adaptive switch mechanisms that facilitate interaction with disabled voters, as needed.

"Verity PrintT"" means the device created by Hart for purposes of on-demand ballot printing; this device creates a blank paper ballot from the poll worker's selection of the voter's ballot style or precinct on the Verity Print interface.

"Verity Controller™" is a polling place management console capable of interacting with one or more Verity Touch™ devices by transmitting and receiving signals that manage an election, e.g., by opening and closing the polls, providing or recording an audit trail of system events during an election, storing cast ballot data, and applying data security and integrity algorithms.

"Verity Scan™" means the Verity Scan™ device created by Hart, consisting of an in~person digital ballot imaging device. The single-feed scanner transports and scans both sides of a ballot simultaneously, and it is securely attached to a ballot box that provides for secure ballot storage and transport.

"Verity Election Office" means Hart lnterCivic's software platform that can accommodate a variety of election administration applications and is designed for interoperability with Verity Voting Hardware and Software.

"Verity TouchT"" means the Verity TouchT" electronic voting device created by Hart. Verity Touch devices consist of hardware including an electronically configurable voting station that permits a voter to cast votes by direct interaction, which voting station in its present configuration created by Hart comprises an electronically configurable touchscreen liquid crystal display (LCD) panel for use in displaying ballot images, and options for tactile input buttons that facilitate voter options for selecting ballot choices and casting a ballot.

"Verity Touch WriterT"" means the device created by Hart for ballot-marking functions. Touch Writer creates a paper marked ballot from the voter's selections on the electronic interface or the Verity Access ATI controller.

"Verity Voting" means Hart lnterCivic's family of voting system components designed to conform to federal voting system standards.



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Exhibit D

HART PROPRIETARY SOFTWARE AND SUBLICENSED SOFTWARE

Hart Proprietary Software Licensed to Customer via annual subscription may include the following. Actual software and firmware licensed is indicated in the quote or response associated with this Agreement:

SOFTWARE/FIRMWARE NAME VERSION NUMBER Verity Count 2.3.1 Verity Central 2.3.1 Verity Scan 2.3.1 Verity Touch Writer w/Access 2.3.1 Verity Print 2.3.1

Licensed Location is the jurisdiction named on the signature page of this Agreement. Any future releases or updates to the software versions listed above will be documented in Hart Release Notes and Version Verification documents. Such releases and updates shall be considered Hart Proprietary Software licensed under this Agreement.

Software Sublicensed to Customer via annual subscription:

None



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Date to be heard: !December 11,2019

Item for Formal Meeting? [Z] (Ex: Routine items, continuing grants)

OR Item for Work Session I Discussion D (Ex: Public interest items, Ordinance changes, new grants and grants that add personnel)

Title of item to appear on the agenda: r--------------------, Include VENDOR 's Name in title if appropriate Ratification of Ordinance 2019-47, an Ordinance

approving the lnterlocal agreement, re: Animal

All Grants must complete the following Control



Federal Agency: ~==========::::4 Federal Program: 1

CFDA# ~I ==========~ Federal Award Number and Year: ~=====~ Or other identifying num;.=.b..;;.;er_· -------------. Pass Through Entity!::== === = =====""'

New Grant to the County? Yes O


State: Local :=M:=a=tc";"h=: ;;;I ==~--, Total Received: I .__ ____ __.


Fund Name: !General Fund Amount: l$330,878.41

Executive Summary:

Fund Numberl!.;1,;;00=0========:::! If there is a monetary number in the Amount Box, you HAVE to include the Fund Name & Number. IF this is a grant waiting on the creation of a Fund Name & Number, indicate that in the boxes.

The Animal Control lnterlocal has been in effect for a number of years. This interlocal gives the County the duty of enforcing its Animal Control rules in the Town of Ellettsville and the use of the City of Bloomington's Animal Shelter. The price of the contract is based upon the percentage of animals from each of the Jurisdictions. The amount for the County has increased primarily based upon a greater percentage of Animals cared for at the shelter coming from County sources.

Person Presenting: _!,:;IJ=e=ff="C""o=c=ke=r,;,:,ill~======~ Department: ~IL=e~ga=l=========d

Submitted by:=IJ=eff==C=o=ck=e=ri=ll==============~ Date: 11 2/5/2019

Each agenda request and aU necessary documents to the Auditor's Office (Anita Freeman) at: [email protected] AND to the Commissioner's

Office e-mail: Comm [email protected]. in.us

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ORDINANCE 2019-111

An Ordinance Approving the lnterlocal Cooperation Agreement between the City of Bloomington, Town of Ellettsville, and Monroe County, Indiana, regarding Animal Management and Animal Shelter Services.

WHEREAS, the City of Bloomington, Indiana ("City"), Town of Ellettsvi lle ("Town"), and the County of Monroe, Indiana ("County"), desire to enter interlocal agreement ("Agreement") which authorizes the City to provide Animal Shelter Services to the County and Town and the County to provide An imal Management Services to the Town; and

WHEREAS, the form of the Agreement has been developed and is attached to this Ord inance as Exhibit A; and

WHEREAS, the County, acting by and through its Board of Commissioners, hereby finds that the Agreement promotes the public interest and should be approved.

NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of Monroe County, Indiana, that the Exhibit A Agreement shall be, and hereby is, approved.

Approved this 41h day of December 2019, by the Board of Commissioners of Monroe County.

MONROE COUNTY BOARD OF COMMISSIONERS . . . \

"AYES" "NAYS"


Penny Githens, Commissioner

ATTEST: ~

~

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ANIMAL SHELTER INTERLOCAL AGREEMENT FOR FISCAL YEAR 2020

WHEREAS, the City of Bloomington Animal Care & Control Department operates the Animal Shelter for the care and control of animals; m1d,

WHEREAS, the City of Bloomington Animal Care & Control Department enforces licensing, mlimal care and animal control ordinances within the corporate boundaries of the municipality, including impoundment, adoptions and euthanizing of ffili:mals of the Animal Shelter; and,

WHEREAS, the County Animal Management Officers exercise similar functions within the County, but utilize the Shelter premises ffild staff for impoundment, adoptions m1d euthmasia; and,

WHEREAS, the County Animal Mmagement Officers exercise similar ftmctions within the town limits of the Town of Ellettsville, but utilize the Shelter premises md staff for impoundment, adoptions and euthanasia; m1d,

WHEREAS, the Town of Ellettsville finds it in the best interest of its citizens to contract with Monroe County for the animal management services and the City of Bloomington, Indiana for Aninlal Shelter use; llld,

WHEREAS, Monroe County finds it in the best interest of its citizens to contract with the City of Bloomington, Indiana for Aninlal Shelter use and to provide the Town of Ellettsville animal management services; and,

WHEREAS, the City of Bloomington, Town of Ellettsville, and Monroe County are empowered pursuant to Indiana Code § 3 6-1-7 to contract together on the basis of mutual advantage to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local govennnent;

NOW, THEREFORE, in consideration of the mutual tenus, covenants, and conditions herein agreed, the parties agree as follows:

1. The duration of the Agreement shall be for one (1) year, commencing Janumy 1, 2020 and ending on December 31, 2020.

2. The City of Bloomington ("City") agrees to provide the Town of Ellettsville ("Town") and Monroe County ("County") the following:

a. The impoundment, general animal care, adoption and euthanasia for the Town and County.

b. Use of supplies and equipment in 1he City Animal Shelter by the County personnel;

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c. Assistance to the Town and County in answering phone calls, dispatching service calls and explaining the County animal management Jaws to callers; and

d. Accept and record payments for County license fees, and to remit these funds to the County monthly.

3. County shall administer and enforce County Animal Management Laws, including relevant kcrmel regulations, within the cmporate limits of Ellettsville.

4. The County agrees to pay the City the sum of$330,878.41. 5. The Town agrees to pay the City the sum of $19,270.22. 6. The level of cooperation recited in this Agreement is intended to exist for the purpose

of efficient and effective delivery of governmental services to the citizens of the City, Town, and County; however, the parties recognize that modifications may be required, either to the Agreement itself, or to the practices and procedures that bring the recitals contained within this document to fruition.

7. The City, Town, and C01mty departments affected by the terms of this Agreement will continue to communicate and cooperate together to assure that the purposes of this Agreement are achieved on behalf of and to the benefit of the citizens of the respective political subdivisions,

8. Payments shall be made semi-annually to the Controller of the City of Bloomington, upon the timely submission by the City of a claim. Such clailllil should be submitted to the Monroe County Board of Commissioners, Room 322, Courthouse, Bloomington, Indiana 47404 and the Town Council of Ellettsville, 211 N. Sale StTeet, Ellettsville, Indiana, 47429.

THE PARTIES, intending to be bound, have executed this ANIMAL SHELTER INTERLOCAL AGREEMENT FOR FISCAL YEAR 2020 on this day of

-----------' 2019.

TOWN OF ELLETTSVILLE, INDIANA

Scott Oldham, President Ellettsville Town Council

DATE: _______ _

ATTEST:

SANDRA HASH, Clerk/Treasurer

DATE: ___ _

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CITY OF BLOOMINGTON

JOHN HAMILTON, MAYOR

DATE: __________ __

ATTEST:

NITCOLEBOLDEN,CLERIC

DATE: ___ _ __ _

MONROE COUNTY COMMISSIONERS

~RESID~ DATE: --,~~_____L..J~--

DATE: h - IJ - 1y

ATTEST:

~- ~ cARiNES~, COUNTY AUDITOR

DATE: ------ - -

I' I

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2018 BREAKDOWN OF INCOMING ANIMALS BY JURISDICTION AND SOURCE

Animals included In City of Bloomington Total Jurisdiction AGO P/U Surrender Stray City 408 665

Owen County Greene County Lawrence County Brown County Morgan County Other Counties Subtotal 0

Animals Included in Monroe County Total

41 37

112 3

41 72

306

Jurisdiction AMO PIU Surrender Stray Monroe County 320 605 Ellettsville 59 Subtotal 320 664

485

20 29 43

0 3

33 128

586 29

615

TOTAL INCOMING ANIMALS 728 1,635 1",228

Total 1,558

61 66

155 3

44 105 434

Total 1,511

88 1,599

3,591

43.39%

12.09%

42.08% 2.45%

44.53%

ACO P/U- These are animals picked up in the field by city and county animal control officers. Surrender- These are owned animals surrended at the shelter. Stray· These are stray animals brought to the shelter by citizens.

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CITY OF BLOOMINGTON/MONROE COUNTY INTERLOCAL AGREEMENT FOR ANIMAL CONTROL

FY 2020 PROJECTED COSTS

There are four components to the Animal Control Department budget: • Animal Shelter Operations • Animal Control Field Operations • Education Program • Volunteer Program

Momoe County pays the City of Bloomington a percentage ofthe Animal Shelter Operations program. The percentage is calculated as the percentage of animals Monroe County generated of the total number of animals handled the previous year.

---------------------------------------------------------------------------------------------------------------------

ANIMAL SHELTER OPERATIONS PROGRAM ACTUAL 2018 EXPENDITURES=

$795,792.33 (2018 Actual Expenditure amount of$893,722.83 is reduced by 2018 Actual Adoption Revenue amount of$97,930.50.)

2018 PERCENTAGE OF ANIMALS FROM MONROE COUNTY SOURCES

• • •

Picked up by AMO's Strays brought in by county residents Animals relinquished by Monroe County residents

320 615 664

Total number of Monroe County Animals 1,599

Total number of animals handled by Shelter in 2016 3,591

Percentage of animals from Monroe County sources 44%

---------------------------------------------------------------------------------------------------------------------

ANIMAL SHELTER OPERATIONS PROGRAM ACTUAL 2018 EXPENDITURES X 44% = 2019

INTERLOCAL AMOUNT

$795,792.33 X 44% $350,148.63

2020 MONROE COUNTY ANIMAL INTERLOCAL AMOUNT $350,148.63

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2018 BREAKDOWN OF INCOMING ANIMALS BY JURISDICTION AND SOURCE

Animals included in City of Bloomington Total Jurisdiction ACO P/U Surrender Stray Total City 408 665 485 1,558 43.39%

Owen County 41 20 61

Greene County 37 29 66

Lawrence County 112 43 155

Brown County 3 0 3

Morgan County 41 3 44

Other Counties 72 33 105

Subtotal 0 306 128 434 12 09%

Animals included in Monroe County Total Jurisdiction AMO P/U Surrender Stray Total

Monroe County 320 605 Ellettsville 59

586 1,511 42.08% 29 88 2.45%

Subtotal 320 664 615 1,599 44.53%

TOTAL INCOMING ANIMALS 728 1,635 1,228 3,591

ACO P/U -These are animals picked up in the field by city and county animal control officers Surrender- These are owned animals surrended at the shelter. Stray- These are stray animals brought to the shelter by citizens.

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Date to be heard: !December 11, 2019

Item for Formal Meeting? [l] OR Item fo r Work Session I Discussion 0 (Ex: Routine items, continuing grants) (Ex: Public interest items, Ordinance changes, new grants and

grants that add personnel)

Title of item to appear on the agenda: r---. ---. - .-----------..., Include VENDOR 's Name in title if appropriate Collective Bargatmng Agreement with American

Federation of State , County and Municipal

All Grants must complete the fo llowing Employees Indiana Council No. 62 Local1 567 r=



Federal Agency:!;::::::=========~ Federal Program: 1

CFDA # =I ==========~ Federal Award Number and Year:!::::::======::::!



Amount Received

Federa~l ::..!:l ========l State: Local !:=M:=a=tc=:=h=: 'FI ==~--.

YesD

Or other identifying num,.:.b-'-'er __________ _, Total Received: L...l ____ ___.

Pass Through Entity!::::::==========:::!

Contracts/ Agreemen ts/MOU- Interlocal/Ordinance!Resolution/Grant item:

Fund Name: IMVH, Cum Bridge, Stromwater Fund NumbdVarious Amount: !Amount as budgeted I !:::::::~~=======::::!

· If there is a monetary number in the Amount Box, you HAVE to include the Fund Name & Number. IF this is a grant waiting on the

Executive Summary: creation of a Fund Name & Number, indicate that in the boxes.

This agreement is with our Highway Department's Collective Bargaining Unit. This has been modified from the version approved in October. The original changes were due to a change in Highway Management staff since the last Agreement, this agreement includes clarifications and revisions to many different Contractual terms. However, the Compensation was only materially changed to reflect the Council's directive on salary increases.

The major changes from the October approved version relate to 1) moving the members vacation to anniversary date accrual, which required prorating some days at the start of the contract , and 2) including language from past contracts regarding what happens to benefit time in the event of an employee's death.

Person Presenting: J::IJ=e=ff=C=o=c=ke;;;r:;,:,il=l =======~ Department: I==L=eg~a=l==========

Submitted by: !:::IJ=eff===C=oc=k=e=ril:,l = = ======== Date: j9/26/19

Each agenda request and all necessary documents to the Auditor's Office (Anita Freeman) at: [email protected]. in.us AND to the Commissioner's

Office e-mail: [email protected]

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2020-2024

CONTRACT

BETWEEN

MONROE COUNTY, INDIANA

AND

AFSCME 962, AFL-CIO

and

AFSCME LOCAL 1567

1

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ARTICLE I

Union Recognition

The Employer recognizes the American Federation of State, County and Municipal Employees, Indiana Council No. 962, Local 1567, as the exclusive bargaining agent for a unit consisting of the following: All Monroe County Highway Department and Monroe County Storm Water Department employees, including the Bridge Crew, except supervisory, clerical, part-time and temporary employees. The Union shall, through collective bargaining, establish salaries, wages, hours and other conditions of employment for the unit.

2

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ARTICLE II

Management Rights

Management shall have the responsibility and authority to manage and direct, on behalf of the public, the operations and activities of the public agency to the full extent authorized by law. Such responsibility and activity shall include, but shall not be limited to, the right of the public employer to:

(1) Direct the work of its employees;

(2) Establish policy;

(3) Hire, promote, demote, transfer, assign and retain employees;

( 4) Suspend or discharge the employees for good cause in accordance with applicable law;

(5) Maintain the efficiency of public operation;

(6) Relieve its employees from duties because of lack of work or any other legitimate reason;

(7) Take actions necessary to carry out the mission of the public agency as provided by law; and

(8) Establish a schedule of bi-monthly Union and Management meetings to help establish a mutually beneficial working environment for all employees.

3

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ARTICLE III

Definitions

(A) "Supervisor" means any individual having authority, in the interest of employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, discipline or direct other employees.

(B) "Clerical" means any employee engaged primarily with the maintenance, production, transcription of books, documents or records. For example, this would include bookkeepers, clerks, secretaries and stenographers. Further, "clerical" includes receptionists and telephone operators.

(C) "Part-Time Employees" are those not assigned to a full-time or temporary status and who average less than twenty-eight (28) hours per week on an annual basis, and who work throughout the year, not on a seasonal basis. Part-time employees may occasionally work additional hours based on staffing and business needs of the County. Part-time employees retain that status until expressly notified of a change. Part-time employees receive all legally mandated benefits (such as worker's compensation and social security benefits), but they are not eligible for the County's other benefit programs.

(D) "Temporary Employees" are hired as interim replacements to temporarily supplement the workforce, assist in the completion of a specific project, or work on an hourly basis averaging usually less than 20 hours of work per week annually depending upon staffing and business needs of the County. Employment assignments in this category are of a limited duration usually of ninety (90) days or less depending upon staffing and business needs of the County. Temporary employees retain that status until notified of a change. Temporary employees receive all legally-mandated benefits (such as worker's compensation and social security), but are not eligible for the County's other benefit programs.

(E) "Seniority" means the status attained by length of continuous service with the Highway Department.

(F) "Foreman" means any individual having authority, in the interest of the employer, to assign, supervise and direct the work of other employees.

(G) "Registered Domestic Partner" means an individual who is in a connnitted relationship of indefinite duration with a County employee, with an exclusive, mutual commitment similar to that of marriage, and where the couple has registered as partners with the County Human Resources Department. The partners share the necessities of life and agree to be financially responsible for each other's well-being, including basic living expenses. The domestic partners must declare under oath that they are not related by blood closer than permitted under marriage laws of the State oflndiana; that they are not

4

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married according to the laws of the State of Indiana; that they are at least 18 years of age and have the capacity to enter into contract; that they have no other domestic partner; that they share a household; and that they are jointly responsible to each other for the necessities of life. The County may require documentation substantiating these declarations

(H) "Longevity" means the length of continuous uninterrupted service with Momoe County.

(I) "Highway Department" means any work that is paid out of the Stormwater Fee fund, Cum Bridge Fund, or Motor-Vehicle-Highway (MVH) fund.

(J) "Summer Hours" means the time when the Highway Union Employees workweek consists of four (4) workdays consisting ofTen (10) hour each.

5

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ARTICLE IV

Union Security

All present employees covered by this Agreement, shall, as a condition of employment, become, and remain, members of the Union, in good standing, thirty (30) days after the signing of this Agreement. All future employees shall become, and remain, Union members thirty (30) calendar days after being employed. Employees who decline to join the Union must pay a service fee to the Union equal to Union Dues. Employees who fail to comply with this requirement shall be discharged by the employer within thirty (30) days after receipt of written notice of the employer from the Union.

Non-Union, hourly employees shall not be entitled to the benefits of this Contract and are not covered by its terms and conditions.

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ARTICLE V

Union Membership

Section 1. Dues Checkoff

(A) Deduction for Union Dues should occur every pay roll.

(B) Upon receipt of voluntary, written, reasonably current, signed authorization for employees, in such form as complies with the law of Indiana, who are covered by this Contract and who are members of the Union, the County Commissioners shall authorize the Auditor to deduct each pay from the earnings of each said employee an amount representing his/her prorated portion of the regular annual Union Dues for the calendar year, as specified by the Union, and shall remit said monies, together with the appropriate records, to designated Union Office, Cow1cil 62.

(C) The County Commissioners shall not be liable to the Union for failure to make deductions for dues. In the event of an overcharge already remitted to the Union, it shall be the responsibility of the Union alone to adjust the matter with the employee overcharged. In the event of an undercharge, the Auditor shall make a correction during the next succeeding pay period or periods, provided the subject employee is still on the payroll.

(D) The Union will indemnify the County Commissioners and hold it harmless from any and all claims or liabilities which may arise nnder this paragraph.

Section 2. Union Members Talking to Management

In the event it becomes necessary for a Union member to discuss a Union matter, disciplinary matter or other job-related matter with management personnel that may have consequences for the Union members or the Union, said Union member may at all times during the course of such discussion be accompanied by a Union representative. Parties agree to no individual job-related bargaining.

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ARTICLE VI

Union Activities

Section 1. Union Steward

Union shall furnish employer with the name, address and phone number of the Union Steward. Further, Union shall post a written notice stating this information on employer's bulletin boards.

Section 2. Non-Employee Representative

No non-employee Union representative shall enter work areas during work hours. Such representatives may meet with employees with the permission of the Supervisor, but only in common areas.

Section 3. Representation for Grievance

When requested by an employee, the Steward may represent an employee in any grievance proceeding set forth in Article XVIII without loss of pay or time.

Section 4. Representation for Negotiations

Union members designated as negotiators may take part in formal negotiations with employer without loss of time or pay, but only at scheduled meetings agreed upon by employer. Further, said negotiators shall not exceed three (3) in number at any one meeting, nor shall more than two (2) hours of negotiations per week be considered on employer's time, except when employer considers time is of the essence.

Section 5. Other Union Business

Any Union business other than that allowed under Section 3 and Section 4 of this Article, shall not be conducted during working hours by any Union member.

Section 6. Representation on Committees

The Union shall choose one (1) representative to attend any County committees which discuss the Personnel Policy Handbook or insurance issues.

Section 7. Representation on Safety Committee

A Safety Committee consisting of management and three (3) Union representative shall be created for the purpose of promoting on-the-job safety. The Committee shall convene at the request of either party, at times mutually agreed upon.

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ARTICLE VII

Hours of Work

Section 1. Regular Hours

The regular hours of each workday shall be consecutive except that they may be interrupted by a one-half (1/2) hour meal period as mentioned in Article IX.

Section 2. Work Week

Upon 30 days written notice in the spring the Monroe County Highway Supervisor shall provide written notice that the work week shall consist of four (4) consecutive ten (1 0) hour days , Sunday to Saturday inclusive ("Summer Hours"). Upon written notice in the fall the Monroe County Highway Supervisor shall provide written notice that, the work week shall consist of Jive (5) consecutive eight (8) hour days, Sunday to Saturday inclusive. However, employer shall give the Union thirty (30) days prior written notice of the change in any work week from the current week. Further, after giving this notice, employer agrees to discuss with the Union the manner in which the change will be implemented.

Section 3. Work Shift

When Summer Hours are in effect, ten (1 0) consecutive hours of work shall constitute a work shift. When Summer Hours are not in effect, eight (8) consecutive hours of work shall constitute a work shift. All employees shall be scheduled to work on a regular work shift and each work shift shall have a regular starting and quitting time. All employees must report to work with adequate clothing required for safety as determined by the Highway Supervisor after consultation with the Safety Committee.

Section 4. Work Schedule

Work schedules showing the employees' shifts, workdays and hours, shall be posted on all department bulletin boards at all times.

Except for emergency situations, work schedules shall not be changed more frequently than bi-weekly, unless the changes are mutually agreed upon by the Union and the employer.

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ARTICLE VIII

Rest Period

When deemed necessary by the Supervisor and the employee, rest periods will be granted on an individual basis. Any need for a Rest Period due to Medical or other health reason must be reported to the Supervisor immediately.

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ARTICLE IX

Meal Periods

All employees shall be granted a one-half (l/2) hour meal period during each work shift. Whenever possible, the meal period shall be scheduled at the middle of each shift. Such meal period shall start when the employee deviates from work and ends when they return to work.

An additional one-half (l/2) hour meal period shall be granted for every extra half a shift (four (4) or five (5) hours (if summer hours are in effect) of consecutive overtime worked thereafter.

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ARTICLE X

Holidays and Leaves of Absence

Section 1. Holidays Recognized and Observed

The Collective Bargaining Unit shall receive the same Holiday Schedule as is observed by the general employees of the County.

The Union may request using an amended schedule for any additional given calendar year. Such amended schedule may not include more than 15 holidays, and such holidays should mirror the regular County Employees Holiday Schedule as much as practical. Such amended schedule must be requested before March 1st of any given calendar year and may include boxing in the holidays.

If, while summers hours' time is in effect observed, the holiday falls on a Friday, the observation of that holiday will occur the day before the holiday.

Section 2. Holiday Pay and Observance

Eligible employees shall receive one (1) day's pay for each of the holidays on which they

perform no work.

The rate of pay for call outs on holidays shall be two (2) times the employee's regular hourly rate. Any such payment for call outs on holidays shall be in addition to the employee regular Holiday pay. For the purposes of this section the two (2) times the employee's regular hourly rate shall be on the actual holiday, not the observed day indicated in Section 1.

Section 3. Other Leave and Benefits

The Union is entitled to other leave as found State, Federal, or in the Monroe County Personnel Policy.

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ARTICLE XI

Hiring and Seniority

Section 1. Hiring

Any individual applying tor a position with the Momoe County Highway Department shall be required to follow the Momoe County Human Resources Department's procedures and protocols.

Section 2. Probation

Each new employee shall be considered in a probationary status during the first thirty (30) days of his/her employment with the Highway Department.

Section 3. Seniority Lists

Employer shall post on all bulletin boards a new seniority list every twelve (12) months showing the continuous service with the Highway Department for each employee. A copy of said list shall be provided to the Union.

Section 4. Loss of Seniority

An employee shall lose his seniority for the following reasons:

(A) Discharge;

(B) Resignation;

(C) Retirement;

(D) Layoff tor a continuous period of one (1) year;

(E) Failure to return to work when recalled from layoft; and/or

(F) Failure to return to work after expiration of a formal leave of absence.

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Section 5. Promotions

Promotion means the advancement of an employee to a higher paying position within the unit. However, promotion shall not include any temporary or part-time job opening or transfer.

Section 6. Promotion Application

Whenever a covered job opening occurs, employer shall post a notice of such opening on all bulletin boards for seven (7) calendar days. During this period, an employee may submit a written application for the opening to the Supervisor. Employer shall fill the opening by promoting the applicant with the greatest seniority who has the skill and ability to perform the job. Applicant will be required to pass a skills and ability test.

Section 7. Establishment of New Job Classification

If any opening occurs as the result of a new covered job classification being established by the employer, then the posting and application procedure above, shall be followed but employer shall proceed as follows:

(A) Employer shall select an applicant who has the skill, ability and experience to perform the job;

(B) Where not in conflict with the principle expressed in subsection (a) above, the job shall be filled by choosing the employee with greatest seniority; and

(C) Employer recognizes that it has an affirmative duty to consider its covered employees for any new job classification and to otTer training for such a position before it considers any outside applicants.

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ARTICLE XII

Layoff and Recall

Section 1. Layoff

Layoff shall mean the separation of employees from the active work force due to lack of work or funds or to the abolition of positions because of changes in organization or any other reason within the discretionary powers of the employer.

Section 2. Order of Layoff

(A) Layoff shall be accomplished by seniority, provided that the employees with greater seniority possess the abilities and qualifications necessary to perform the available work;

(B) Where not in conflict with the proviso expressed in subsection (a) above, layoff shall be accomplished within the unit as follows:

(1) Temporary and part-time employees first, then

(2) Probationary employees, then

(3) Permanent employees according to seniority.

Section 3. Order of Recall

(A) Recall shall be accomplished by seniority, provided that the employees with greater seniority possess the abilities and qualifications necessary to perform the available work.

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ARTICLE XIII

Sick Leave, Injury on the .Job, Bereavement Days and Death of Employee

Section 1. Sick Leave Days

In an effort to eliminate confusion and abuse concerning sick leave, employees are entitled to the following:

The County provides paid sick leave benefits to all full-time employees for periods of temporary absence due to illness or injury. Sick leave days are provided strictly as an employment benefit, in addition to compensation, for those times an employee is unable to work due to their own legitimate illness or the legitimate illness of any member of their immediate family. An employee with accrued sick leave shall receive regular pay for days absent from employment for the sickness or injury of the employee or the employee's dependent.

Sick leave shall be granted to full-time employees upon commencement of employment. Thereafter, full-time employees shall earn eight (8) sick hours a month. These hours may be accumulated without limit until termination of employment. Pursuant to this Agreement, an employee, with at least 8 years in a Union position, shall receive regular pay for forty percent (40%) of his accumulated sick hours upon retirement from the Department.

Any sick leave use must be reported to Management at least 30 minutes prior to the beginning of the work day. In the event, the sickness is not reported 30 minutes prior to the beginning of the work day, the employee must provide a Doctors statement indicating illness.

Any sick leave used for three (3) or more consecutive days, whether used personally by the employee or used in conjunction with the illness of an immediate family member, shall be documented regarding the sick person's condition by a doctor's statement. In addition, any employee who takes one (I) or more sick leave days which is immediately before or after his vacation or a holiday, shall not be paid for his days off unless he presents a physician's statement documenting the illness or injury. (This Requirement may be waived by the employer.)

Also, any employee who takes a total of sixty (60) sick leave hours undocumented by a physician's statement in any consecutive six ( 6) month period shall be subject to progressive discipline, including suspension without pay and termination; this six ( 6) month requirement is not intended to be used more than once for sick leave days used for the purposes of computing this requirement. In other words, sick leave days used to compute a disciplinary action under this six (6) month period, cannot be used more than once in any six (6) month period. Likewise, the requirement for a physician's statement for this six (6) month period shall not release, nor be viewed inconsistent with, the policy requiring a physician's statement for three (3) or more consecutive days of sick leave stated above.

If the County Highway Supervisor and the President of the Union conclude, after meeting

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to review employee's records, that there is a pattern of abuse of the use of sick days, they shall jointly have the discretion to require a physician's statement regarding the illness of anyone mentioned in this paragraph for a situation when less than three (3) sick days are taken.

Each employee shall be allowed to use thirty-two (32) of his accumulated sick hours as personal business days per year. An employee may take his personal business days, one or two days at a time, by notifying the Supervisor at least three (3) working days in advance. Personal business days may be used for emergencies with approval of the Supervisor. No more than two (2) employees may take personal business days on any one (1) day. Personal business days shall be granted to employees on!! rotation based on seniority. The unused right to convert sick hours may not be canied over to a subsequent calendar year.

At the Supervisor's discretion, employees shall be allowed to take sick days in V.-hour increments.

Section 2. Injury on the Job

Establishing and maintaining a safe work environment is the shared responsibility of the County and all employees. The County will take all reasonable steps to assure a safe work environment. The County will comply with all applicable federal, state, and local safety regulations.

Employees are expected to obey safety rules and to exercise caution in their work activities. Employees shall report to work in proper condition to safely complete their assigned duties. Employees shall immediately report any unsafe conditions to their supervisor. Supervisors and employees are expected to conect unsafe conditions as promptly as possible.

l<~mployees must report within 24 hours to their supervisor, Department Head and to the Human Resources Department all accidents that result in injury - regardless of how insignificant the in_jury may appear so that an investigation into the incident may be made. An incident report must be completed and submitted to the Human Resources Department. Such reports are necessary to comply with applicable laws and to initiate insurance and worker's compensation procedures.

Employees medically disabled on the job shall receive their normal rate of pay for the first forty ( 40) hours they were scheduled to work following the beginning of the medical disability, provided a physician acceptable to the County certifies that the employee was unable to work.

Benefit days continue to accrue during time off due to an on-the-job injury. Time off due to an on-the-job injury shall not be charged against the employee's sick leave account nor shall such time off constitute a break in service.

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An employee who receives Worker's Compensation benefits for the first forty (40) hours of normally scheduled work and who has already been paid for those days shall be required to immediately reimburse the County for forty (40) hours of Worker's Compensation benefits.

Neither the County nor the insurance carrier will be liable for the payment of worker's compensation benefits for off-duty injuries or injuries that occur during an employee's voluntary participation in any off-duty recreational, social, or athletic activity sponsored by the County.

On the day of the incident or as soon as possible thereafter, the injured employee's elected official/department head must complete a Supervisor's Incident Investigation Report and all other necessary forms. The forms are available from the Human Resources Department and must be returned to the Human Resources Department for processing.

Section 3. Bereavement Days

Employees shall receive the same benefits found in the above captioned portion of the Monroe County Personnel Policy on the date of execution of this agreement. If the County changes the Personnel Policy provisions for the above captioned Policy and posts notice of the Change in the Highway Garage, such change shall he accepted unless the Union provides written notice of objection the County within 30 days of posting. Upon receipt of notice, Management and Union Representatives shall meet to discuss the objection.

Section 4. Death of the Employee

If an employee, during the time of active employment with the Monroe County Highway Department, dies or is killed, the employee's beneficiary will be entitled to receive payment for all accumulated sick days, vacation days and compensatory time earned by that employee. Section 5. Jnry Duty

Employees shall receive the same benet!ts found in the above captioned portion of the Monroe County Personnel Policy on the date of execution of this agreement. If the County changes the Personnel Policy provisions for the above captioned Policy and posts notice of the Change in the Highway Garage, such change shall be accepted unless the Union provides written notice of objection the County within 30 days of posting. Upon receipt of notice, Management and Union Representatives shall meet to discuss the objection.

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ARTICLE XIV

Vacations

Section I. Length of Vacation

Vacation time shall be based upon continuous service by an employee as follows:

Completion of six Months 40 hours

End First year until end of fifth year: 80 hours Sixth year until end of tenth year: 120 hours Eleventh year until termination: 160 hours

The vacation times specified above shall apply to each year and are mandatory. All Union employees covered by this contract shall accrue vacation time on an anniversary-date basis.

For 2020, on January 1, 2020 employees who began work on or before July 1, 2019 shall receive a prorated Vacation amount as shown on Exhibit A. This prorated amount will not affect the vacation that will accrue on the 2020 anniversary date. If this change causes a hardship, the employee, before January 15,2020, can notifY Management, and Management may make an adjustment. However, no adjustment may result in more vacation time accrued in the 2020 calendar year.

With written permission of the Supervisor, a maximum of eighty (80) vacation hours may be carried over into the next anniversary year.

At the Supervisor's discretion, employees shall be allowed to take Vacation hours in V.hour increments.

Section 2. Resignation and Layoff

If an employee should resign or leave in good standing after giving two (2) weeks notice, then the employee shall be paid vacation leave prorated over the calendar year. At least one (1) week of vacation days must be taken in the second six (6) months of the year of employment unless the Supervisor approves a different vacation schedule.

Section 3. Request for Vacation

The employees shall make a written request for vacation time at least fourteen (14) calendar days prior to the date they wish their vacation to begin. Employer will provide employees with forms for requesting vacation time. The Supervisor shall notifY the employee within three (3) working days as to whether the vacation time is approved or denied. If the nature of the work to be performed during the vacation period requested is such that during the

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vacation period requested the Supervisor determines said employee should not be absent from work at that time, then the Supervisor may deny the vacation request. Further, if the number of employees requesting a certain vacation period, or portion thereof, is such that the work of the Highway Department would be adversely affected in the opinion of the Supervisor, then the Supervisor may limit the number of employees out on vacation. If it is necessary to so limit the number of employees out on vacation, the Supervisor shall first grant vacation time to the employee who made his request the earliest. If there is more than one employee who filed his request on the same day, then seniority shall determine which employee shall be given the vacation period. It is agreed and understood that Management reserves the right to allow more or less than four (4) employees vacation at the same time.

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ARTICLE XV

Reporting Time

Section 1. Regularly Scheduled Wort{

An employee who is scheduled to report to work, and who presents himself for work as regularly scheduled, shall be assigned to, and paid for, at least one half of the normal work time hours of work on the job. In the event, that an employee is not available to continue the work for the full time, they shall only be compensated for the actual time worked.

Section 2. Call Time Work

An employee called to work outside his regularly scheduled shift and who presents himself for the call time work, shall be paid for a minimum of one half of the normal work time ( 4 or 5 hours depending on if summer hours is in effect) at the rate of time and one-half (1 \'2) . If his call time work assignment is immediately before or after his regular shift, then the employee shall be paid the call time rate at one-half (\'2) hour intervals for the time actually worked outside the regular shift. The employee shall be paid for the balance of his regular shift at the appropriate rate. The employee must be available within 45 minutes from the time called. In the event, that an employee is not available to continue the work for the full time, they shall only be compensated for the actual time worked.

Section 3. Tardiness

All employees shall present themselves for work in a timely manner. An employee who is more than five (5) minutes late tor work shall lose one-half (\'2) hour's pay, with loss of additional pay tor each one-half (\'2) hour he is late. Tardiness without good cause may also be grounds tor discipline or discharge as set forth in Article XVIII.

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ARTICLE XVI

Overtime

Section 1. Rate of Pay

The employee shall receive time and one-half (I Y:t)of the employee's regular hourly rate of pay, or compensatory time off, as defined below, for all work performed in excess of the regularly scheduled work day, and all work performed on the day following the employee's regularly scheduled work week. The employee shall receive double the employee's regular hourly rate of pay for all work performed on the first day of the employee's regularly scheduled work week and on holidays. Any such payment for working on a holiday shall be in addition to the employee's regular holiday pay.

If compensatory time off is used as the method of paying employees for overtime work, the overtime rate of pay shall be one and one-half(! Y,) hours compensatory time off tor each hour of overtime work, or two (2) hours compensatory time off for each hour work, whichever is applicable. This will be the choice of the employee; however, the employee can choose ouly one method per pay period. No more than sixty (60) hours compensatory time may be accumulated. All compensatory time must be approved by the Supervisor. Accumulated compensatory time shall be carried over from year to year.

Section 2. Call Time

Once a year, the Supervisor shall post an overtime list and allow any and all employees who wish to work overtime or call time to sign up on the list. If an employee later retracts his name, he shall not be allowed to sign up again until the posting of the list the following year.

If the Supervisor is unable to reach an employee by phone whose position classification is appropriate for the nature of the overtime work, or if the employee is not able to repmi for work within 45 minutes, he shall call the employee whose position classification is appropriate for the nature of the overtime work, who appears next on the overtime list. lf no employee with the appropriate classification is reached, then the Supervisor may phone any other employee with adequate training and skill to perform the work. The Supervisor shall be under no obligation to call an employee who does not have a phone.

The overtime list shall be rotated to provide each listed employee with an opportunity to obtain overtime work. Further, it is agreed that employees have an obligation to perform overtime work, unless excused by the Supervisor for just cause such as illness or previously established appointment. ThereJore, if additional employees are needed after the list has been used, the Supervisor shall call out others and they shall be obligated to perform unless excused for just cause.

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Management has the right to determine which employees are adequately trained and skilled to perform work on specific equipment. Management will only call out person(s) for work that it has determined to be adequately trained and skilled for the equipment necessary for the work. Such work shall be considered call out time for the purpose of overtime list rotation as found in this section. It is understood that the bridge crew operator will be requested on the appropriate projects for safety reasons.

If a qualified operator is not available, non-union supervisory personnel may be called out at any time to respond to emergency and oft~ hour calls, with the authority to use any equipment, tools or materials owned by Monroe County in the course of rectifying the situation.

Section 3. Continuation of Work

Extension of daily time is continuing work on the same project on a workday after normal work hours. This event does not qualify for the call out requirement. However, such work shall be considered call out time for the purpose of overtime list rotation as found in the previous section.

When management determines that for safety reasons that individuals are necessary to the specific project than that person(s) will be called out to do the work. Such work shall be considered call out time for the purpose of overtime list rotation as found in the previous section. It is understood that the bridge crew operator will be requested on the appropriate projects for safety reasons.

For the purpose of this section an employee is a qualified employee if that employee and management has reviewed the job description relating to the work being performed and has signed it indicating that person meets the requirements for the work.

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ARTICLE XVII

Discipline and Discharge

(A) No employee shall be subject to discipline, suspension or discharge except for good cause. This provision in no way limits employer's authority to lay off employees as stated in Article XII.

(B) "Good cause" shall include, but shall not be limited to, violations of work rules, regulations or policies established by employer. "Good cause" shall also include any action which is so deleterious to efficient County operations or to public interest that discipline, suspension or discharge could reasonably be expected to result.

Causes for termination shall include, but shall not be limited to:

(1) Falsification of an employment application to obtain employment;

(2) The knowing violation of a reasonable and uniformly enforced rule of the County;

(3) Unsatisfactory attendance without good cause for such absences or tardiness;

(4) Damage of the County's property through willful negligence;

(5) Refusing to obey instructions;

(6) Reporting to work under the int1uence of alcohol or drugs, or consuming the same while on the job premises during work hours;

(7) Conduct endangering safety of self or co-workers;

(8) Theft of County property or services;

(9) The conviction of a misdemeanor or felony by court of competent jurisdiction; and/or

(1 0) Any breach of a duty in connection with work which is reasonably owed to the employer by the employee.

(11) Maintain a work environment that is free of illegal drugs, alcohol, firearms, explosives, or other dangerous materials. To this end, the County prohibits the control, possession, transfer, sale or use of these materials on its premises. The Connty requires the cooperation of all employees in administering this policy.

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(12) Failure to pass an alcohol or drug test. However, at Management's discretion, employee, at the employee's expense, may be allowed to complete DOT approved drug treatment plan. Completion of the drug treatment plan may lessen disciplinary action. Failure to seek or complete treatment in a timely manner is cause for termination.

(C) Disciplinary measures may include:

(1) Oral reprimand; (2) Written reprimand; (3) Suspension without pay; and ( 4) Discharge.

A written reprimand shall be kept in the personnel file for one (l) year. Further, notice of suspension or discharge must be given in writing and a copy of the written notice shall be retained in the employee's personnel file.

Any disciplinary measure imposed upon an employee may be processed as a grievance. If employer can do so without jeopardizing the safety of other employees and the public and without interfering with the work at hand, employer shall reprimand an employee in a manner which will not embarrass the employee before other employees or the public.

(D) If employer discharges an employee for good cause, a notice of discharge shall be sent to the Union by employer at the time the employee is given notice of discharge. Union shall acknowledge, in writing, receipt of said notice within seven (7) calendar days. Any objections shall be included in the acknowledgment and the matter shall immediately be processed as a grievance. Said grievance shall be processed directly to the second step of the process set forth in Article XIX, Section D(2).

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ARTICLE XVIII

Grievance Procedure

(A) A grievance is any dispute between the parties, tbe employer, and an employee or employees in the bargaining unit concerning the meaning, interpretation, or application of this Agreement. The procedure set forth herein shall be the sole and exclusive forum for adjustment of dispute arising under this Agreement.

(B) Any grievance not appealed to the next step within the time limits specified will be considered settled on the basis ofthe last answer by the employer. Any grievance not initiated within the time limits specified shall be deemed to have been waived and not subject to the grievance procedure. Time limits may be extended only by written mutual agreement of the parties.

(C) Hearings and conferences held under this procedure shall be conducted at times set by the employer representative involved. If such times are during the employee's nonnal working hours, he shall be compensated for the time spent at said hearing or conference at his normal rate of pay. If the times set are outside his normal working hours, he shall not be compensated by employer.

(D) Grievances will be processed as follows:

(1) The grievance will be presented in writing by the employee and the Union representative to the Supervisor within seven (7) calendar days of the occurrence. The Supervisor will reply to the grievance in writing within seven (7) calendar days, not including the date of presentation. The Supervisor may schedule hearings or conferences on the grievance. If the Supervisor fails to reply to the grievance within seven (7) calendar days, the employee shall present the grievance to employer or his designee within seven (7) calendar days of the last date on which the Supervisor could have replied. If the seventh day falls upon a day where work is not scheduled then the response is required the first working day after seven (7) calendar days.

(2) If the grievance is not settled in Step 1, the grievance shall be appealed to the employer or his designee. The "employer or his designee" shall be the President of the Board of Commissioners unless and until said President notifies the Union in writing that another official has been appointed to hear grievances. Such appeal shall be made in writing within five (5) working days after the response of the Supervisor was made. The employer or his designee may schedule hearings or conferences on the grievance. If the employer or his designee fails to reply to the grievance within eight (8) working days, or if the answer is unsatisfactory, the employee may request arbitration as set forth in Paragraph 3.

(3) If the grievance is not settled in Step 2, the Union may request arbitration by providing employer with written notice of the request within seven (7) calendar days of the Step 2 response. Thereafter, the employer or his designee and the Union representative shall attempt to

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select a mutually agreeable arbitrator within seven (7) calendar days of the request for arbitration. If an arbitrator cannot be selected by mutual agreement, then the parties shall be selected by mutual agreement, then the parties shall request the American Arbitration Association Service to provide a panel of four ( 4) names from which an arbitrator shall be selected. The Union representative shall strike the first name. Next, the employer or his designee shall strike a name from the list. The process will be repeated and the remaining arbitrator from the list shall serve as arbitrator. The arbitrator shall have the power and duty to:

(a) hold hearings or conferences on the grievance; (b) make necessary investigations; (c) make findings offact; and (d) render a binding award on the grievance.

The arbitrator shall have no authority to:

(a) delete from, add to, or modify any provision of this Agreement;

(b) make any decision which would order employer to perform an action which is inconsistent with the law; and

(c) make any award or decision which references itself to or is based upon any Jaw, rule, regulation, or past practice not explicitly found in this Agreement.

The arbitrator shall be requested to issue the decision within thirty (30) days of the hearing or investigation and the cost and expenses for the arbitrator's services and the proceedings shall be borne by the unsuccessful party.

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ARTICLE XIX

Non-discrimination

EQUAL EMPLOYMENT OPPORTUNITY

Monroe County is an equal opportunity employer. It is the County's policy to treat all employees and applicants for employment equally according to their individual qualifications, abilities, experience, and other employment standards. The County does not discriminate on the basis of age, color, disability, ethnicity, gender, national origin, race, religion, veteran status, genetic information, or any other legally protected classification. This policy of nondiscrimination applies to all terms and conditions of employment, including but not limited to recruiting, hiring, promotion, training, transfer, compensation and discharge. It is the County's policy to comply with all applicable Federal, State and local laws governing employment. All position vacancy notices, postings, advertisements, and recruiting literature shall contain the phrase "An Equal Opportunity Employer."

Any employee with questions or concerns about any type of discrimination in the workplace shall bring these issues to the attention of their elected official, department head, or the Human Resources Department. Employees may raise concerns and make reports without fear of reprisal. Anyone found to be engaging in any type of unlawful discrimination will be subject to disciplinary action, up to and including termination of employment. (Notice of.!ob Opening Form)

AMERICANS WITH DISABILITIES ACT {ADA)

It is the intent and policy of the County that qualified individuals with disabilities participate in and receive the benefit of the services, programs or activities of the County. It is the policy of the County not to discriminate against a qualified individual with a disability in: job application procedures; the hiring, advancement or discharge of employees; employee compensation; job training, and other terms, conditions and privileges of employment. It is the intent of the County to comply with all applicable requirements ofthe Americans with Disabilities Act (ADA).

Monroe County will reasonably accommodate persons with a disability on a case-by-case basis, which may include making facilities readily accessible to individuals with a disability, restructuring jobs, modifying work schedules, modifying equipment, or similar accommodations. Employees who wish to request an accommodation are advised to contact the Human Resources Department to obtain ADA forms for processing. Completed forms will be returned to the Human Resources Department with a copy forwarded to the employee's supervisor. Any employee who believes he or she has received treatment inconsistent with this policy or with any requirement of the ADA may file a complaint within one hundred eighty (180) days of the date of the alleged discriminatory act or practice with the Human Resources Department, the Monroe County Legal Department or the Equal Employment Opportunity Commission.

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(Reasonable Accommodation Request Form; Medical Review Form) HIPAA

Monroe County is compliant with applicable requirements and standards of the Health Insurance Portability and Accountability Act of 1996 (HIP AA), and has established guidelines regarding the privacy of individually identifiable health information accordingly.

Monroe County has designated the Human Resources Department as the County's "privacy official" who is responsible for developing and implementing privacy policies and procedures; and the Human Resources Department is the contact person who is responsible for receiving complaints regarding compliance.

All County HIP AA inquiries shall be directed to the Human Resources Department located in the Courthouse.

POLICY PROHIBITING HARASSMENT

It is the policy of the County to provide all elected otlicials, employees, volunteers, and those with whom we consult and work, an environment, which is safe, comfortable, and free of harassment. It is the County's policy to prohibit all forms of harassment on County time and County property, including harassment based on age, color, disability, ethnicity, gender, sexual orientation, national origin, race, religion, veteran status, housing status, or any other legallyprotected classification. All elected officials, employees, volunteers and those with whom we consult with and work are responsible for complying with the County's policy prohibiting harassment.

A. Harassment means any unwelcome or offensive conduct, whether written, verbal or physical, which is:

1. Directed at or to a person because of the person's age, color, disability, ethnicity, gender, sexual orientation, national origin, race, religion, or veteran status, housing status, or other legally protected classification; or, 2. Directed toward any person concerning an individual, or a class of individuals, because of the age, color, disability, ethnicity, gender, sexual orientation, national origin, race, religion, veteran status, or housing status of the individual or class of individuals. For example, racial or ethnic slurs or derogatory epithets are prohibited in the workplace, regardless of whether a member of the racial or ethnic group is present when the statement is made.

Harassment does not refer to occasional compliments or other statements of a socially -acceptable nature. Harassment refers to behavior which is unwelcome and which is so offensive and/or persistent as to create, or have the potential of creating, an intimidating, hostile, or offensive working environment for any person.

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B. Sexual harassment may include the following: 1. Offensive or unwelcome sexual flirtations, advances or propositions, communicated verbally, by touch, or in writing, including texting and all forms of electronic communication; 2. Obscene or sexually suggestive comments about a person's body or appearance; 3. The use of "off color" language or "dirty jokes"; 4. Printed or electronic display or transmission of sexually explicit photographs, drawings, greeting cards, articles, books, magazines, messages, cartoons, or any other image; 5. Electronic messaging, including but not limited to, emails, blogs, chat rooms, etc. 6. Conduct with sexual implication that has the purpose or the effect of interfering with work performance or creating an intimidating, hostile, or offensive work environment; 7. Unwelcome or unnecessary touching of any part of another's body; 8. Sexually degrading words to describe a person or a group of people; 9. Slurs, threats, repeated commands or other offensive verbal or physical conduct relating to a person's sex or sexual orientation.

C. This policy applies to all full-time, part-time, and temporary employees and to elected officials, department heads, volunteers, and to those with whom we consult and work.

D. It is a violation of this policy to use an individual's submission to or rejection of harassing conduct as the basis for any employment decision affecting the individual. Retaliation towards a person who reports harassment is strictly prohibited.

E. Persons who believe they have been subjected to, witnessed, or been made aware of harassment shall promptly report the harassment to their elected or appointed department head, the Human Resources Department, or the Monroe County Legal Department and complete a Harassment Complaint Form. The best time to register a complaint is immediately after the act occurs. The completed Harassment Complaint Form shall be turned into the appropriate elected ofticial, department head, the Human Resources Department, or the Monroe County Legal Department.

1. If the department head is the subject of the harassment complaint, the person may submit the completed form to the elected official responsible for that department head, the Human Resources Department, and the Monroe County Legal Department. 2. If the elected official is the subject of the harassment complaint, the person may submit the completed Harassment Complaint Form to the Human Resources Department, the Monroe County Commissioners, the Board of Judges, or the Monroe County Legal Department. The Monroe County Legal Department

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and the Human Resources Department must be provided a copy of each completed Harassment Complaint Form.

F. All persons who observe or otherwise learn of or have reason to suspect any conduct which may violate this policy shall promptly report such facts to their elected official, department head, the Human Resources Department or the Monroe County Legal Department, and shall cooperate fully in any investigation or disciplinary action undertaken pursuant to this policy. Failure to comply with this section shall be grounds for appropriate disciplinary action, up to and including termination or replacement, as allowed by law. G.

The elected ofllcial, department head, or the Human Resources Department, with assistance from the Monroe County Legal Department, shall conduct a prompt and careful investigation. The investigation may include interviews with all persons having direct knowledge of the unwelcome behavior, including the person who made the complaint, the person accused of sexual or other harassment, and other potential witnesses.

H. At the conclusion of the investigation, the elected official, department head, Human Resources Department, or other investigator will review the tindings with the person(s) who made the complaint. If the investigation reveals that the complaint is factual, appropriate corrective action will be taken to prevent the harassment from occurring again, up to and including discharge of any person believed to be guilty of harassment, as allowed by law. In any case, particularly in situations where the facts uncovered during the investigation are inconclusive or unclear, the County will ensure that all parties are reacquainted with the policy prohibiting sexual or other harassment at work.

I. Monroe County will take reasonable steps to keep the complaint confidential and, to the extent possible, maintain the privacy of the persons involved. Monroe County, however, carmot guarantee confidentiality .

. J. Monroe County takes this harassment policy very seriously and will make all reasonable efforts to educate its elected officials, employees, volunteers and those with whom we consult and work about this policy. Every new elected official, employee, volunteer, and those with whom we work will be provided a copy of the policy when hired or retained. If the policy is amended, copies of the amendments will be provided. All employees are expected to annually review the Personnel Policy Handbook.

K. Monroe County also recognizes that careful consideration must be given to questions regarding whether a particular action or incident is purely personal or social without any discriminatory effect. False accusations of harassment can have devastating effects on the lives and reputations of innocent people; therefore, the County may discipline, up to and including termination of employment, those

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employees who are proved to have intentionally, maliciously, and wrongly accused others of harassment. Appropriate legal action may be taken against elected officials, volunteers, and those with whom we consult and work who are proved to have intentionally, maliciously, and wrongly accused others of sexual harassment.

L. Prevention is the best policy for the elimination of harassment. Elected officials, employees, volunteers, and those with whom we work and consult shall be aware of this harassment policy at all times and seek to avoid creating conditions that encourage such activity.

M. Sexual and other forms of harassment by any person may result in personal legal and financial responsibility for the offender. (Harassment Complaint Form)

P:\Countp Forms & ln(o\Human Resources F"orms\Miscellaneous Forms\HARRASSMENT COMPLAINT.docx

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ARTICLE XX

Work Stoppages

It is unlawful for any public employee, public employee organization or any affiliate including, but not limited to, State or National affiliate, to take part, assist or advocate a strike against a public employer. County may, in an action at law, suit in equity or other proper proceeding, take action against any public employee organization, any affiliate thereof, or any person aiding or abetting in a strike for redress of such unlawful act. County shall not pay any public employee for any day when the public employee fails, as a result of a strike, to report for work. When any exclusive representative engages in a strike, or aids or abets therein, it shall lose its dues deduction privilege for a period of one (1) year.

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ARTICLE XXI

Contracting and Subcontracting of Highway

During the term of this Agreement, the employer may contract out or subcontract any public work. Contracting out or subcontracting any public work shall not adversely affect the employees in the bargaining unit. In the event this work is needed, the employees in the bargaining unit will not be affected by layoff or termination.

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ARTICLE XXII

Compensation

Section 1. Wages

(A) When any position not listed on the wage schedule is established, the employer may designate a job classification and rate structure for the position. In the event the union does not agree that the classification and rate are proper, the union shall have the right to submit the issue as a grievance at Step 3 of the grievance procedure.

Employees shall be placed on the pay grid based upon the number of complete and uninterrupted years of service with the County.

(B) The salaries and wages of employees shall be paid bi-weekly.

(C) The following job classification shall be considered a part of the bargaining unit:

Master Mechanic, Equipment Operator, Equipment Operator/Bridge Crew, Mechanic Light Equipment Operator, Truck Driver, Truck Driver/Bridge Crew, Signman, and Laborer.

The following job Classifications shall be considered part of the bargaining unit at this time: Fleet Maintenance Coordinator and Communications/Payroll Manager. The parties agree to reevaluate each position to determine if they meet the criteria in Article I, any change to these positions Union status would not occur until a vacancy exists in the respective position.

(D) All classifications will be allowed to work on overtime snow removal and other emergencies on a rotating basis as established by management.

(E) If an employee is asked to operate a piece of equipment that he has never operated, he will be given one-week Training Period plus four ( 4) days trial period.

(F) The attached following pay scale includes the County Longevity schedule.

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The hourly rates of pay for 2020 are as found on the attached Exhibit A:

(G) The above step pay scale shall be increased if the general employee population arc given increases in wages. Wages shall be increased in the same manner as the general employee population. Note that the general employee population does not include employees whose wages are determined or directly influenced by non-Monroe County entities, for example Probation Officers and Public Defenders. The salary grid shall be included in the Monroe County Salary Ordinance.

(H) Longevity increases will be awarded to employees on the anniversary date occurring in the appropriate year.

Section 2. Annual Clothing Allowance

Employees shall be annually allowed a monetary allowance for clothing necessities related to their job performance of twelve hundred fifty dollars ($1,250.00). The clothing allowance payments shall be made in two installments. The first installment shall be paid in the last pay period in January and the second installment shall be paid in the last pay period in July. No Clothing allowance payments will be made other than as outlined in this paragraph, this payment will not be prorated for new hires.

Clothing allowance payments are prepayment for clothing necessities covering a period of six months each. Upon termination of employment, employees shall make anangements with the Monroe County Auditor to return to the County a prorated portion of their clothing allowance received. Clothing allowance payments shall be prorated on a monthly basis for the purpose of computation of repayment upon tennination.

Section 3. Tool Allowance for Mechanics

Those employees classified as mechanics and master mechanics shall be annually allowed a tool allowance of one thousand dollars ($1 ,000.00) per year. The tool allowance payments shall be made in two installments. The first installment shall be paid in the last pay period in January and the second installment shall be paid in the last pay period in July.

Tool allowance payments are prepayment for tool necessities covering a period of six months each. Upon termination of employment, employees shall make arrangements with the Monroe County Auditor to return to the County a prorated portion of their tool allowance received. Tool allowance payments shall be prorated on a monthly basis for the purpose of computation of repayment upon termination.

Section 5. Snow and Ice Removal additional pay.

The County recognizes the required employee availability during the snow and ice season due to the unpredictability of the weather. If the County Council appropriates the funding specifically for snow and ice removal in the highway department budget, the Union and County agree that each employee shall get an equal portion of that amount, up to $1300 per employee. Such payment shall be distributed to each union employee as a lump sum during the first pay cycle in April. In the event the employee begins work as a Union employee after December I st,

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or ends work prior to March 31st, that employee shall receive a prorated share based upon the time worked between December 1 through March 31. This pay is compensation for the Union Employees required availability.

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ARTICLE XXIII

Saving Clause

In the event any Article, Section or Portion of this Agreement should be held invalid and unenforceable by any court of competent jurisdiction, such decision shall apply only to the specific Article, Section or Portion thereof specifically specified in the court's decision; and upon issuance of such a decision, the employer and the Union agree to attempt to negotiate a substitute for the invalidated Article, Section or Portion thereof.

In the year prior to the date set for the expiration of this Agreement, the parties agree to commence negotiations for a new Agreement by May I st.

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ARTICLE XXIV

Effective Date and Termination

This Agreement shall be effective as of January 1, 2020 and shall remain in full force and effect until December 31, 2023. It shall be automatically renewed from year to year thereafter, unless either party shall notify the other, in writing, sixty (60) days prior to the expiration date that it desires to modify this Agreement. ln the event that such notice is given, negotiations shall begin no later than thirty (30) days prior to the expiration date; this Agreement shall remain in full force and be effective during the period of negotiations.

It is further understood, and explicitly agreed, that this Agreement is subject to approval by the Momoe County Council during budget sessions. Although the Momoe County Commissioners will actively recommend full funding of this Agreement, each party agrees to renegotiate any wage related sections of this Agreement if not fully funded by the Momoe County Council.

SO AGREED THIS __ DAY OF ______ ,, 2019.

Julie Thomas , President Monroe County Commissioner

Lee Jones, Vice President Monroe County Commissioner

Penny Githens Monroe County Commissioner

ATTEST:

Catherine Smith, Monroe County Auditor

Wallace Bohall, President AFSCME Locall567

Chad Anderson, Treasurer AFSCME Locall567

Jay Riggs, AFSCME 962

INDEX

ARTICLE I- UNION RECOGNITION 2

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ARTICLE II- MANAGEMENT RIGHTS

ARTICLE III - DEFINITIONS

ARTICLE IV - UNION SECURITY

ARTICLE V - UNION MEMBERSHIP

ARTICLE VI - UNION ACTIVITIES

ARTICLE VII - HOURS OF WORK

ARTICLE VIII- REST PEIUODS

ARTICLE IX - MEAL PERIODS

ARTICLE X- HOLTDA YS & LEAVES OF ABSENCE

ARTICLE XI -HIIUNG & SENIOIUTY

ARTICLE XII- LAYOFF & RECALL

ARTICLE XIII- SICK LEAVE, INJURY ON THE JOB, BEREAVEMENT DAYS AND DEATH OF EMPLOYEE

ARTICLE XIV - VACATIONS

ARTICLE XV- REPORTING TIME

ARTICLE XVI - OVERTIME

ARTICLE XVII - DISCIPLINE & DISCHARGE

ARTICLE XVIII- GRIEVANCE I'ROCEDURE

ARTICLE XIX- NON-DISCIUMINATION

ARTICLE XX- WORK STOPPAGES

ARTICLE XXI -CONTRACTING AND SUBCONTRACTING OFIDGHWAY

ARTICLE XXII-COMPENSATION

ARTICLE XXIII- SAVING CLAUSE

ARTICLE XXIV- EFFECTIVE DATE AND TERMINATION

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Date to be heard: ='1=2/=1=1/=20=1=9======:::::! Item for Formal Meeting? [{] (Ex: Routine items, continuing grants)

OR Item for Work Session I Discussion D (Ex: Public interest items, Ordinance changes, new grants and grants that add personnel)

Title of item to appear on the agenda: . . Include VENDOR 's Name in title if appropriate Amend ~esolutJon 2019-14- Resolution

establishing the 2020 meeting dates, time, and

All Grants must complete the fo llowing location of the Board of Commissioners .

Is this a grant request? Yes D Grant Type: Reimbursement/Drawdown D Up Front Payment D

Federal Agency: !:'j:IN~/A:::':==========~I Federal Program: IN/A I

CFDA #~IN=~==========~ Federal Award Number and Year: "'=IN=/A======~ Or other identifYing num~b.;;.;e'..,..· -------------, Pass Through Entity=IN=/A==============



Amount Received Federal: IN/A

YesD

State: I!:=N~/A===~===-.. Local Match: IN/A Total Received7:~1 N:::/::::;:A==:::::::...---.

Contracts/Agreements/MOD- Interlocai/Ordinance/Resolution/Grant item:

Fund Numberi!:::N=/A============' Fund Nam~e~: ~I=N/=A==============~==~ Amount: "'=IN=/A===========' If there is a monetary number in the Amount Box, you HAVE to

include the Fund Name & Number. IF this is a grant waiting on the creation of a Fund Name & Number, indicate that in the boxes. Executive Summary:

Amend Resolution 2019-14 Resolution establishing the 2020 meeting dates, time, and location of the Board of Commissioners . This request is to correct some of the meeting dates that were listed incorrectly.

Person Presenting: .!:::IA,;;,n,;;;g!:::e=:la==P=ur=d=ie========~ Department: !commissioners' Administrator

Submitted by: !Dina Delawter-Myers Date: !December 4, 2019

Each agenda request and all necessary documents to the Auditor's Office (Anita Freeman) at: [email protected] AND to the Commissioner's

Office e-mail: [email protected] Form Approved 1/1/19

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RESOLUTION 2019-14Amended

WHEREAS, it is necessary to establish the regular schedule for the Momoe County Board of Commissioners.

IT IS THEREFORE RESOLVED AND ESTABLISHED that the meeting dates, time, and location of the Board of Commissioners for 2020 are as follows:

Month Date Day Time

January 8 Wednesday 10:00 AM 15 Wednesday 10:00 AM 22 Wednesday 10:00 AM 29 Wednesday 10:00 AM

February 5 Wednesday 10:00 AM 12 Wednesday 10:00 AM 19 Wednesday 10:00 AM 26 Wednesday 10:00AM

March 4 Wednesday 10:00 AM 11 Wednesday 10:00 AM 18 Wednesday 10:00 AM 25 Wednesday 10:00 AM

April 1 Wednesday 10:00 AM 8 Wednesday 10:00 AM 15 Wednesday 10:00 AM 22 Wednesday 10:00 AM 29 Wednesday 10:00 AM

May 6 Wednesday 10:00AM 13 Wednesday 10:00 AM 20 Wednesday 10:00 AM 27 Wednesday 10:00 AM

June 3 Wednesday 10:00 AM 10 Wednesday 10:00 AM 17 Wednesday 10:00 AM 24 Wednesday 10:00 AM

July 1 Wednesday 10:00 AM 8 Wednesday 10:00 AM

15 Wednesday 10:00 AM 22 Wednesday 10:00 AM 29 Wednesday 10:00 AM

August 5 Wednesday 10:00 AM 12 Wednesday 10:00 AM 19 Wednesday 10:00 AM 26 Wednesday 10:00 AM

September 2 Wednesday 10:00 AM 9 Wednesday 10:00 AM 16 Wednesday 10:00 AM 23 Wednesday 10:00 AM 30 Wednesday 10:00 AM

October 7 Wednesday 10:00 AM 14 Wednesday 10:00 AM 21 Wednesday 10:00 AM 28 Wednesday 10:00 AM

November 4 Wednesday 10:00 AM 18 Wednesday 10:00 AM 25 Wednesday 10:00 AM

December 2 Wednesday 10:00 AM 9 Wednesday 10:00 AM 16 Wednesday 10:00 AM

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Unless noticed differently the meetings will be held in the Judge Nat U. Hill III Meeting Room at the Monroe County Courthouse, 100 West Kirkwood Avenue, Bloomington, Indiana.

The deadline for agenda items will be noon on the Thursday preceding the scheduled meeting. Further, a copy of the resolution shall be sent to each of the newspapers, radio stations, and television stations in Monroe County.

A Work Session will follow the Formal Session each Wednesday.

SO RESOLVED AND ESTABLISHED TIDS ELEVENTH DAY OF DECEMBER 2019 BY THE MONROE COUNTY BOARD OF COMMISSIONERS.

Julie L. Thomas, President Attest: Catherine Smith, Auditor


Penny Githens, Commissioner

MONROE COUNTY BOARD OF COMMISSIONERS'AGENDA ...

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