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HomeMy WebLinkAbout112116_ca03JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Carolyn Avery, Deputy Clerk of the Board DATE: November 21, 2016 SUBJECT: AGREEMENT, Amendment No. 2 re: Jefferson County Veterans Service Officers' Organization STATEMENT OF ISSUE: The Jefferson County Veterans Service Officers' Association (SOA) is proposing to make two minor changes to the existing agreement as amended on August 27, 2012. ANALYSIS: 1.) The current agreement requires the following: B. Required Documentation: Veteran must show an original or certified copy of DD -214 or; if discharged prior to 1950, a Certificate of Discharge and a photocopy of such form must be attached to the application. To update the agreement, the SOA is proposing the following change: B. Required Documentation: Veteran must show an original or certified copy of DD -214, or if discharged prior to 1950, a Certificate of Discharge. A photocopy of such form must remain in the applicant's file with the Jefferson County Veterans Service Officers' Association. 2.) The current agreement requires the following: 3.2 Utility Assistance for natural gas, fuel oil, and wood is granted only on an extreme emergency basis during the months of May through August, thus insuring an adequate amount of funds are available for the cold winter months. To update the agreement, the SOA is proposing the following change: 3.2 Utility assistance for natural gas, propane, fuel oil and wood is granted on an emergency basis." RECOMMENDATION: Approve and sign the agreement. REVIEWED BY: Philip Morley, County dministr or Date Contract Amendment No. 2 Agreement By and Between Jefferson County Veterans' Service Officers Association And Jefferson County WHEREAS, Jefferson County Veteran's Service Officers Association (SOA) and Jefferson County (County) entered into an agreement on June 22, 2009 to be the negotiating body for the purpose of setting forth conditions for dispersal of funds from the Jefferson County Veteran's Assistance Fund for relief to honorably discharged, indigent Veterans and their dependents. On August 27, 2012 the parties adopted Contract Amendment No. 1 re: Veteran Eligibility Requirements. WHEREAS, the parties desire to amend the terms of that Agreement as amended by Amendment No. 1. IT IS AGREED BETWEEN BOTH PARTIES AS NAMED HEREIN AS FOLLOWS: The Agreement By and Between Jefferson County and the Jefferson County Veterans Service Officer's Association (SOA), with an effective date of June 22, 2009 as amended by Amendment No. 1 on August 27, 2012, is hereby amended as follows: The first two sentences of subsection VIII. B. Required Documentation are amended to read as follows: "B. Required Documentation: Veteran must show an original or certified copy of DD -214, or if discharged prior to 1950, a Certificate of Discharge. A photocopy of such form must remain in the applicant's file with the Jefferson County Veteran's Service Officer's Association." 2. Subsection X.A.3.2 is amended to read as follows: "3.2 Utility assistance for natural gas, propane, fuel oil and wood is granted on an emergency basis." 3. All other terms and conditions of the agreement as amended by Amendment No. 1 and adopted on August 27, 2012 will remain the same. Dated this day of ATTEST: Carolyn Avery Deputy Clerk of the Board APPROVED AS TO FORM: Prosecuting Attorney Michael Haas 2016. JEFFERSON COUNTY VETERANS ORGANIZATIONS Port Hadlock VFW #7498 American Legion #26 Dick Wiltse, Chair Gary Lane, Vice Chair JEFFERSON COUNTY BOARD OF COMMISSIONERS Kathleen Kler, Madam Chair David Sullivan, Member Phil Johnson, Member Brinnon VFW #10706 Ken Gaul, Member AGREEMENT By and Between JEFFERSON COUNTY and the JEFFERSON COUNTY VETERAN'S' SERVICE OFFICERS ASSOCIATION This AGREEMENT made and entered into this ay of IAVve— 2009 by and between Jefferson County, hereinafter referred to as "COO NTY, " a legal subdivision of the State of Washington, and the various Veterans' Organizations of Jefferson County, who hereby recognize the JEFFERSON COUNTY VETERANS' SERVICE OFFICERS ASSOCIATION, hereinafter known as the "SOA, "a Washington State non-profit organization, to be the negotiating body for the purpo - se of setting forth the conditions for dispersal of funds from the Jefferson County Veterans Assistance Fund for relief to honorably discharged, indigent Veterans and their dependents. SHB 1189, an act relating to Veterans' relief became effective July 24, 2005. This act amended RCW 73.08.010, 73.08.070, and 73.08.080, added new sections to Chapter 73-08 RCW, created a new section, and repealed RCW 73-08,030,73.08.040, 73.08.050. Sec. 1(2) of the act states that the Legislature recognizes that ongoing Veterans' relief or assistance programs in some areas of the State have provided meaningful assistance to indigent Veterans and family members. The .Legislature further recognizes that Veterans' service organizations have traditionally been the initial point of contact for indigent veterans and family members seeking assistance. In recognition ofthesefactors, the Legislature intends to authorize, upon satisfaction of certain administrative requirements, existing Veterans'reliefor assistance programs to continue providing needed and effective assistance to indigent veterans and their families. The Jefferson County Commissioners and the Veterans Organizations agree that an efficient and effective system to provide relief for indigent Veterans and their dependents is of primary importance. Therefore, this AGREEMENT is established according to the articles set forth hereafter, and as provided by the State of Washington's laws pertaining to Veterans. I. TERM OF AGREEMENT This AGREEMENT shall be in full force and effect from the date of signing and shall remain in effect for ten (10) years. Revisions, changes or modifications may be proposed by the SOA or the COUNTY in writing and must be mutually agreed upon by the parties hereto before they will be effective. Page I of 8 AGREEMENT: Jefferson Comity Veterans' Service Officers Association 11. SUBORDINATION OF AGREEMENT It is understood that the parties hereto are governed by the provisions of applicable State laws and County regulations. When provisions of State law and/or County regulations are therefore in conflict with, or are different than, the provisions of the AGREEMENT, the provisions of State law or County regulation are paramount and shall prevail. 111. HOLD HARMLESS COUNTY shall defend, protect, bold harmless and indemnify the Veterans' Organizations and their respective affiliates, agents, contractors, subcontractors, employees, officers, directors, and other representatives as well as the SOA from and against all claims, suits, or actions arising from any services or activities performed by them in furtherance of this Agreement. Iv. RECOGNITION OF NEGOTIATING BODY The parties hereto recognize the SOA as the exclusive negotiating representative for the purpose of Zn implementing the AGREEMENT, per RCW 73.08. The SOA need not post a performance bond. V. RECOGNITION OF THE SOA OFFICERS The parties hereto agree that the SOA Officers will operate in accordance with the bylaws of the organization. VI. VETERANS' APPEALS BOARD Two (2) members from the qualified and recognized Veterans organizations in the County will be appointed to serve as the Veterans' Appeals Board (VAB). VII. OPERATIONS OF THE SOA The SOA members will be notified by the Clerk of the Board for the County Commissioners or designee when a client calls for an appointment or if there are any applications to be reviewed, approved, and vouchers to be issued. A. The Commissioners' Office will provide a space for the SOA to review anal approve each application. A phone and necessary office equipment will be made available for their use. B. A supply of vouchers will be kept secure in the Commissioners Office. A procedure will be established for issuance of vouchers. C. Service Officers may receive mileage reimbursement for travel to the Courthouse to meet with applicants. They are required to submit their mileage on a signed Jefferson County Mileage Form and attach a copy of proof of insurance, The County's mileage reimbursement is set at the beginning of each year based on the current IRS rate. In order for a Service Officer to receive a mileage reimbursement, the forms need to be submitted monthly. Page 2 of 8 AGREEMENT: Jefferson County eterans' Service Officers Associatioll VIII. APPLICANT ELIGIBILITY A RCW Requirements: Under the Revised Code of the State of Washington (RCW), all Veterans, their dependents, widow(er)s and/or dependents are eligible for emergency assistance. Using the RCW as guidelines the following are established as "Criteria for Assistance. " Lack of funds because of bad management of an adequate source of income does NOT make the applicant indigent. Persons with more than the merest income are usually helped on a one time basis only. 1. All Veterans as defined by RCW 41.04.007. 2. Veterans must be indigent as the term is defined by CH.73.08 RCW, unless the definition of indigent is modified to widen eligibility by the County Commissioners as is permitted by the 2005 amendments to Ch. 73 .08RCW. Th ' e statute, as amended in 2005, establishes three possible definitions of indigency, specifically the applicant is: a) receiving public assistance, including but not limited to, public assistance, food stamps or SSI b) receiving a net income, i.e., after taxes, that does not exceed 200% of the current federally established poverty level, or c) unable to pay reasonable costs for shelter, food, utilities and transportation because his or her available funds are insufficient. 3. Veterans must have been a continual resident of the State of Washington for a period of one (1) year immediately prior to application and a resident of Jefferson County for six (6) months prior to the time of application. 4. Veterans must be able to provide proof of identification (as to their identity and as to their Veteran status) and documentation of eligibility of dependents in a manner consistent with "B" below. B. Required Documentation: Veteran must show an original or certified copy of DD -214 or, if discharged prior 1950, a Certificate of Discharge and a photocopy of such form must be attached to the application. I Discharge documentation must show Honorable Service (RCW 41.04.005), therefore, only Veterans with an Honorable Discharge or a General (under Honorable Conditions) are eligible for assistance. 2. Documents other than discharge certificates which give service dates and character of service may be accepted in lieu of proper discharge papers only when they are issued by a recognized agency, i.e. Veterans Administration, AMVETS Service Office, or application for DD214. These documents are acceptable on a temporary basis only and must be written on letterhead stationary from the issuing agency. The copy of application for a DD214 can be used for one time only. a) The applicant is to be told that assistance is on a temporary basis only and that further assistance will require proper discharge documentation. C. SOA Officers as Final Arbiter: The SOA Officers are the final decision -makers as to whether a person is eligible for funds from the Veterans' Assistance Program, subject to appeal to the Veterans' Appeals Board then a final appeal may be made to the. County Administrator. Page') of 8 AGREEMENT: Jefferson County Veterans' Service Officers Association IX. DEPLNDEN'Ts Veterans must be able to provide proof of identification and documentation of eligibility of dependents. It is not the intent of the COUNTY or the SOA to make it difficult for an applicant to receive assistance, however, it is essential that proper identification be submitted by the applicant to ensure that the person being assisted is indeed the person whose name appears on the discharge documents. If in doubt, the final determination of identification is the responsibility of the SOA. X. POLICY FOR DISBURSING SDS A. General Information: All requests for funds require that a Veterans' Assistance Fund Application be filled out and signed by the Veteran, widow/widower, or dependent. Assistance to qualified applicants is provided by the SOA and Jefferson County primarily in the form of direct relief to the vendor or the use of vouchers. Assistance may also be given by the SOA through referrals, counseling, or by acting as a liaison for the applicant. A Veteran or Veteran's widow, widower, dependent, or authorized person on behalf of dependent shall be eligible to make application for assistance for emergency needs in general limited to $1,500.00 per CALENDAR YEAR. Monetary limits on all types of vouchers are detailed in the section with that heading. All vouchers issued are classified into one of the following categories: 1. Food & Necessities 2. Rent 3. Utility 4. Medical 5. Miscellaneous Expenses in excess of the amount written on the voucher are the responsibility of the applicant. No cash, coupon, or credit of any type is to be given if purchase is less than the amount written on the voucher, i.e., the Veteran cannot trade in all or a portion of the voucher for cash„ coupons, or credit. 1.0 Food: There is no set number of times an applicant can receive assistance. However, vouchers are intended for emergency use and requests for frequent assistance should be reviewed carefully and the applicant reminded of the emergency nature of the fund. 1.1 food vouchers shall be issued for the maximum amount as follows: Single Veteran = $150.00 Married Veteran = $200.00 Married Veteran with dependents = $204.00 plus $50 per dependent 1.2 The County will maintain a list of grocery vendors who will accept vouchers. The Veteran will be Riven a choice of any of the grocers on the list. It is not intended nor allowed for the Service Officers issuing the voucher to dictate that the applicant use Page 4 of 8 AGREEMENT: Jefferson County Veterans' Service Officers Association any particular store. POLICY FOR DISBURSING FUNDS — Continued: 1.3 Food vouchers are issued for necessities only. The purchase of any alcohol or tobacco products is prohibited. Sundries may be purchased, however, such purchases should be for necessary items, i.e. paper product—s, toiletries, etc. Purchases of prohibited and/or questionable items are to be documented in the Veteran's record. Upon a subsequent visit the Veteran is to be questioned by the SOA representative regarding the purchase. Repeated violations, after warnings, are considered adequate grounds for termination of assistance. If the abuse is flagrant, a report is to be submitted to the County Prosecutor. 1.4 As one requirement for assistance is that the applicant be indigent, it is expected that the applicant will have only limited funds available, therefore, evidence which indicated excessive spending (generally $ 10.00 or 10% over the value of the voucher, whichever is greater) will be considered a violation and dealt with accordingly. 1.5 Food vouchers may be issued to selected restaurants when a Veteran is handicapped and/or a situation exists where it is not practical to issue a voucher to a grocery vendor. 2.0 Rent Funds are used to assist a Veteran to remain in a domicile or to provide temporary shelter to get a Veteran off the streets. While the rent assistance may be granted on a monthly basis, it is usually given only once in any 12 month period. To receive rent assistance, an applicant must provide proof of residency in the dwelling indicated. A rental agreement or correspondence from the landlord is required. Rent is usually not paid to relatives of the applicant. Rent must be past due and to prevent an eviction. 2.1 Rental assistance depends heavily upon the circumstances the applicant is in and upon the interview held by the Service Officer, As many rental assistance requests as possible should be thoroughly investigated. 2.2 Use of rent funds for rent deposits is allowed with a promissory note. Rental assistance may be approved up to the maximum annual allotment. Further restrictions may apply, if necessary, to keep amounts expended within budgetary limits. 3.0 Utilities: 3.1 Assistance is granted in the area of electricity, water, natural gas, fuel oil and firewood. While utility assistance may be granted on a monthly basis, it is usually given only once a year. 3.2 Utility assistance for natural gas, fuel oil, and wood is granted only on an extreme emergency basis during the months of May through August, thus insuring an adequate amount of funds are available for the colder winter months, 3.3 Assistance for electricity, water, and natural gas will require a late notice. 3.4 It is the responsibility of the SOA to maintain a liaison with the utility companies to assure that the amount of assistance is adequate enough to prevent a shut-off. It is considered expedient to assist only when it will prevent a shut-off. Page 5 of 8 AGREEMENT: Jefferson County Veterans' Service Officers Association POLICE' FOR DISBURSING FUNDS — Continued: 3,5 A telephone, while considered a utility is generally not considered a necessity and does not qualify for assistance. Exceptions are considered on a individual basis and are restricted to situations where the telephone would be considered essential because of medical problems, etc. 3.6 Use of utility funds to pay for deposits is not allowed. Restrictions on the amount granted for utilities may apply, if necessary, to keep amounts expended within budgetary limits. 4.0 Medical: Assistance is granted to aid qualified applicants for the purchase of medicine (prescriptions). Usually assistance is granted on a one time basis for up to $100.00. However, in cases of extreme medical need and indigence, medical assistance may be granted on a monthly basis. Such cases are usually limited to assisting with an acute medical problem. The investigator must be acutely aware of the requirements that the assistance be of an emergency nature. 4.1 Use of medical assistance to pay for overdue medical/dental expenses is not acceptable. Exceptions must be approved by the SOA Officers. 4.2 Medical assistance not to exceed $1,000.00 may be used to pay for eye glasses, dental work, or dentures with a Doctor's note or a prescription. 5.0 Miscellaneous: All reasonable areas of assistance that cannot be classified as food, rent, utility or medical will be classified as rm'scellaneous. Typical areas of miscellaneous assistance include travel and clothing, There are restrictions on granting assistance for these items see below. B. Expenditures Not Elii�ible for Veterans Assistance Funds: There are areas where Veterans' Assistance Funds cannot be used for assistance. These areas include payment of fees or fines, automobile repair, school books, etc. 1.0 Travel expenses are limited to the expense of the applicant to perform necessary travel. Currently travel funds are restricted exclusively to those who need assistance for medical purposes. Assistance is granted either by purchasing a ticket for the applicant or by providing a voucher to assure the applicant has an adequate amount of gasoline to perform travel. 2.0 Travel assistance for job search is provided on a case by case basis. 3.0 Assistance for travel out of state is not provided. This includes out of state assistance to attend funerals. 4.0 Clothing is limited to a minimal amount of specialized clothing required_ For example, should an indigent Veteran gain employment that requires special clothing that is not available through normal relief channels, the SOA may assist the Veteran to obtain the minimal amount of clothing required. 5.0 Determination of legitimacy of a request for miscellaneous funds in any area not specifically mentioned above will be made by the SOA. 6.0 Up to $500.00 may be paid for funeral expenses related to the death of a Veteran, his spouse, or dependent child up to 18 years of age. Reimbursement for funeral expenses may be paid for up to one (1) year from the date of death. Page 6 of 8 AGREEMENT: Jefferson County Veterans' Service Officers Association POLICY FOR DISBURSING FUNDS — Continued: 7.0 In the case of a catastrophic emergency such as fire, flood or wind storm which damages a Veteran's residence and/or possessions an individual member of the SOA is authorized to render relief from the Veterans Assistance Fund as necessary to meet the immediate needs of the Veteran. If the Veteran requests further assistance, the SOA will convene a special meeting to review the request. XI. APPEAL FOR FUNDS A. Request for Funds Above Specified Limits: If a Veterans Organization or the SOA determines that a situation exists which requires consideration of assistance in excess of the maximum amounts set forth herein, an appeal may be made to the SOA Officers, and upon approval of the Officers, additional funds may be disbursed. B. Applicant Appeal: Any request for assistance that an applicant feels was not acted upon properly by the SOA may be appealed to the Veterans' Appeals Board within fourteen (14) days of the date the application is denied by the SOA. XII. POST RENT General Information: RCW 73-04.080 authorizes post rent to be paid to nationally chartered Veterans' organizations provided that the post is not purchasing property for which rent will be paid and the amount to be paid is $240.00 or the actual amount of rent paid, whichever is less. Said post is not renting froze another post of the same organization, i.e., post rent cannot be paid to a V.F.W. post renting a V.F.W. hall or an AMVETS post renting from AMVETS, etc. X1111. MONITORING THE COUNTY VETERANS ASSISTANCE FUND BALANCE The SOA will work with the Clerk of the Board of Commissioners or designee in setting and monitoring the annual budget for the Veterans Assistance Fund and the annual tax levy for the fund. A report of expenditures and revenues will be forwarded to the SOA at least quarterly, or more frequently if warranted. The Clerk of the Board or designees will work with the SOA to prepare a preliminary budget of expenditures each year. If the SOA determines that a change of any kind is required in the amount of taxes to be levied by the County for the Veterans Assistance Fund, the SOA will submit a written recommendation for the levy amount change to the Clerk of the Board for consideration by the County Commissioners during their annual budget deliberations. XIV. NO EMPLOYMENT RELATIONSHIP No person working or performing services for the SOA without compensation shall be considered an employee or agent of the County and such persons shall not be entitled to any employment benefits a County employee is entitled to. Page 7 of 8 C� AGREEMENT: Jefferson County Veterans' Service Officers Association XV. POST RELIEF FUNDS If a Jefferson County Veterans Organization provides relief funds to a needy Veteran from the their own Post Assistance Fund, they shall not receive any monies in return from the County Veterans Assistance Fund. XVI. REPEALER This agreement repeals and replaces all previous agreements and agreement amendments with the SOA. §FFECTIVE this c:22 - day of-T,,-,,,-v)qy— 2009. 'A S ATTES-T-'- ?Uliekmatthes, CMC Deputy Clerk of the Board JEFFERSON COUNTY BOARD COMMI IONERS Davi7MIIivan, Chairman R�--�.,� Phil Johnson, Member Joyj ustin, Member &IR111 AS TO FORM: Deputy Prosecuting Attom1w YFFERSON COUNTY VETERANS ORGANIZATIONS - C '4 L 10 RICA -N LEGION #26 BRINNON VFW #10706 ARIT OACR QUILCENE VFW 93213 Page 8 of 8 Consent Agenda Commissioners Office JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS TO: FROM: DATE: SUBJECT: STATEMENT OF ISSUE: AGENDA REQUEST Board of County Commissioners Philip Morley, County Administrator Raina Randall, Deputy Clerk of the Board August 27, 2012 Jefferson County Veterans Service Officers Association Amendment No. I Agreement The JetTerson County Veterans Officers Association would like to amend the residency requirements for their existing contract for providing financial aide to veterans. RECOMMENDATION: Approve and sign the agreement. REVIEWED BY: Jean Valdwin, Interim County Administrator Date Contract Amendment No. I Agreement By and Between Jefferson County Veterans' Service Officers Association And Jefferson County WHEREAS, Jefferson County Veteran's Service Officers Association (SOA) and Jefferson County (County) entered into an agreement on June 22, 2009 to be the negotiating body for purpose of setting forth conditions for dispersal of funds from the Jefferson County Veteran's Assistance Fund for relief to honorably discharged, indigent Veterans and their dependants. WHEREAS, the parties desire to amend the terms of that agreement. IT IS AGREED BETWEEN BOTH PARTIES AS NAMED HEREIN AS FOLLOWS: The term of the above referenced agreement is changed for residency eligibility requirements and shall read as follows: I . In order to be eligible a veteran must have been a resident of the State of Washington continuously for a period of one year immediately prior to application and a resident of Jefferson County continuously for six months prior to the time of application or, in the alternative, show definitive intent of establishing residency by the purchase of real property or signing a rental agreement with a deposit combined with a change of address to that address on their Washington State Drivers License or Washington State Valid Identification Card. 2. All other terms and conditions of the agreement will remain the same. [sated this �Lday of.� ° 2012 COUNTY ATTEST: Raina Randall Phil Deputy Clerk of the Board APPROVED A . O FORM: 00 a", Vdl-tc Deputy Prosecuting Atto David Alvarez JEFFERSON COUNTY VETERANS ORGANIZATIONS: AMER CAN LIGI #26 BRINNON VFW #10706 P0R IIADLOCK VI'W =7498 QUILCFNE VFW #3213 d